Court of Appeal Düsseldorf

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The Court of Appeal Dusseldorf was from 1811 to 1819 Court of Appeal , based in Dusseldorf , so second instance court in the Grand Duchy of Berg , General Berg and in the Province of Jülich-Cleves-Berg .

history

With the higher appeal court order of July 12, 1769, the Jülich-Bergische higher appeal court in Düsseldorf was established in the Duchy of Berg . This initially remained in the Grand Duchy of Berg. In 1811 the court organization in the Grand Duchy of Berg was reorganized. The legal basis was the imperial decree of December 17, 1811 on the organization of the judiciary . This also separated the administration of justice from the administration . Due to the small size of the Grand Duchy, the French Court of Cassation in Paris served as the superordinate authority. Seven tribunals of first instance were subordinate to him:

The court of appeal was opened on February 6, 1812 in a solemn ceremony by the Bergisch Justice Minister Johann Franz Joseph Graf von Nesselrode-Landscron-Reichenstein .

Senate President Karl Josef Freiherr von Mylius

The court was chaired by Johann Engelbert Fuchsius (1754–1828). According to the French model, it consisted of three senates: the civil senate, corrective senate and accusation senate. The civil senate was the second instance in civil law cases, the corrective senate in criminal cases. The Accusation Senate decided on the indictment before the jury courts in the departmental capitals.

The Court of Appeal had a president, three senate presidents, 20 councilors and six auditors. At the Court of Appeal there was the office of General Procurator , who was assisted by a first and a second general advocate and four substitutes as deputies. Most of the judges had previously worked at the Jülich-Bergischer Higher Appeal Court, but two at the Hadamar Higher Appeal Court or in the administration.

The civil senate was headed by Senate President von Kylmann. Bewer, Brewer, Adolf Quirin von Diepenbroick , Engels, Guilleaume, Haugh, Lenzen and von Worringen served as councilors. The corrective Senate was under the direction of Senate President Karl Josef von Mylius . Councilors were Boelling, Clasen, von Preuschen, Schoeter, Schramm (Schram), Sebenius and Wiendahl. The Accusation Senate with Senate President von Hymmen comprised the councilors Kindermann, von Pestel, Rive, von Roth and von Sieger. General procurator was Christoph von Sethe , general advocates were master builders and Gottfried Alexander Maria Hubert von Sandt . Hartmann, Jacobi, Schlüter and Zahren are named as substitutes.

The Court of Appeal was retained in the Berg Generalgouvernement . He was now subordinate to the newly created court of cassation Düsseldorf and responsible for the two remaining tribunals of first instance Düsseldorf (for the northern part of the Generalgouvernement) and Mülheim (for the southern part of the Generalgouvernement). Prussia also initially took over the court. The last meeting took place on August 3, 1818. With the reorganization of the upper and middle courts, the Düsseldorf Court of Appeal and the Trier Court of Appeal were repealed and its tasks were transferred to the Cologne Court of Appeal .

building

Düsseldorf market square. The town hall is on the right edge of the picture. The old chancellery is to the left of it, partially covered by the Jan Wellem equestrian statue

The Court of Appeal initially used the Arenberg'sche Palais. From 1814 until it was repealed in 1819, it was housed in the old chancellery.

The Arenberg'sche Palais at Ritterstrasse 16 and 18 was a building complex that had belonged to a Count von Arenberg in the 17th century. It was acquired by the Bergisch Chancellor Franz Melchior Freiherr von Wiser in 1696 . The building had been chosen as the provisional seat of the court because it had one room that could be used as a courtroom. Today the hall is the assembly hall of the St. Ursula-Gymnasium . The building is a listed building .

The old chancellery was intended as the actual courthouse. The building on the market square next to the town hall had been the seat of the chancellery of the duchy from around 1550. From 1769 to 1788 it was also the seat of the Jülich-Bergische Oberappellationsgericht. In 1788, however, it was leased to entrepreneur Joseph Gilles for a period of 25 years. After the contract had expired and the house had been rebuilt by building director Lehmann, the court moved there in 1814. A process then developed over the amount of compensation for the tenant. This was finally decided by the Düsseldorf Court of Appeal on May 11, 1819.

Judge

literature

  • Hermann Lohausen: The highest civil courts in the Grand Duchy of Berg and in the Generalgouvernement of Berg 1812 to 1819, 1994, ISBN 3412057959 , in particular pp. 56–61 and 76–78