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PART II.

STATUTES RELATING TO THE SUPREME

AND COUNTY COURTS.

courts.

STATUTES RELATING

RELATING TO THE CONSTITU.
TION, JURISDICTION, &c., OF THE SUPREME
COURT.
Supreme Court of Judicature Act, 1873.

36 & 37 Vict. c. 66. Part I.—Constitution and Judges of Supreme Court. 3. From and after the time appointed for the commencement Union of existing of this Act the several courts following, viz. :—The High Court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, the Court for Divorce and Matrimonial Causes, shall be united and consolidated together, and shall constitute under and subject to the provisions of this Act one Supreme Court of Judicature in England. (a)

4. The said Supreme Court shall consist of two permanent Divisions of divisions, one of which, under the name of Her Majesty's “ High

Supreme Court. Court of Justice” shall have and exercise original jurisdiction, with such appellate jurisdiction from inferior courts as is hereinafter mentioned; and the other of which, under the name of " Her Majesty's Court of Appeal,” shall have and exercise appellate jurisdiction, with such original jurisdiction as is hereinafter mentioned as may be incident to the determination of any appeal.

5. Her Majesty's High Court of Justice shall be constituted as Constitution of follows :—The first judges thereof shall be the Lord Chancellor, Justico. the Lord Chief Justice of England, the Master of the Rolls, the

High Court of

(a) To these has been added, by sect. 93 of the Bankruptcy Act, 1883, the London Bankruptcy Court.

Lord Chief Justice of the Common Pleas, the Lord Chief Baron of the Exchequer, the several Vice-Chancellors of the High Court of Chancery, the Judge of the Court of Probate and of the Court for Divorce and Matrimonial Causes, the several Puisne Justices of the Courts of Queen's Bench and Common Pleas respectively, the several Junior Barons of the Court of Exchequer, and the Judge of the High Court of Admiralty, except such, if any, of the aforesaid judges as shall be appointed ordinary judges of the Court of Appeal.

Subject to the provisions hereinafter contained, whenever the office of a judge of the said High Court shall become vacant a new judge may be appointed thereto by Her Majesty by letters patent. All persons to be hereafter appointed to fill the places of the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, and the Lord Chief Baron and their successors respectively shall continue to be appointed to the said respective offices with the same precedence and by the same respective titles, and in the same manner, respectively, as heretofore. Every judge who shall be appointed to fill the place of any other judge of the said High Court of Justice shall be styled in his appointment “ Judge of Her Majesty's High Court of Justice," and shall be appointed in the same manner in which the puisne justices and junior barons of the superior courts of common law have been heretofore appointed.

All the judges of the said court shall have in all respects save as in this Act is otherwise expressly provided, equal power, authority, and jurisdiction, and shall be addressed in the manner which is now customary in addressing the judges of the superior courts of common law.

The Lord Chief Justice of England for the time being shall be president of the said High Court of Justice in the absence of

the Lord Chancellor. Judicial

7. The office of any judge of the said High Court of Justice vacancies.

or of the said Court of Appeal may be vacated by resignation in writing under his hand addressed to the Lord Chancellor, without any deed of surrender; and the office of any judge of the said High Court shall be vacated by his being appointed a judge of the said Court of Appeal. The said courts respectively shall be deemed to be duly constituted during and notwithstanding any

vacancy in the office of any judge of either of such courts. Qualifications of 8. Any barrister of not less than ten years' standing shall be judges.

qualified to be appointed a judge of the said High Court of Justice, and any person who, if this Act had not passed, would have been qualified by law to be appointed a Lord Justice of the Court of Appeal in Chancery, or has been a judge of the High Court of Justice of not less than one year's standing, shall be

qualified to be appointed an ordinary judge of the said Court of Appeal. Proviso : No person appointed a judge of either of the said courts shall henceforth be required to take or to have taken the degree of Serjeant-at-Law.

11. Saving of rights and obligations of existing judges. 12. If in any case not expressly provided for by this Act, a Extraordinary

duties of judges. liability to any duty or any authority or power not incident to the administration of justice in any court whose jurisdiction is transferred by this Act to the High Court of Justice, shall have been imposed or conferred by any statute, law, or custom upon the judges or any judge of any such courts save as hereinafter mentioned, every judge of the said High Court shall be capable of performing and exercising, and shall be liable to perform and empowered to exercise every such duty, authority, and power, in the same manner as if this Act had not passed, and as if he had been duly appointed the successor of a judge liable to such duty or possessing such authority or power before the passing of this Act.

Any such duty, authority, or power imposed or conferred by any statute, law, or custom in any such case as aforesaid, upon the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, or the Lord Chief Baron, shall continue to be performed and exercised by them respectively and by their respective successors, in the same manner as if this Act had not passed.

13. As to salaries of future judges.

14. As to retiring pensions of future judges of the High Court of Justice, and ordinary judges of the Court of Appeal. 15. As to payment of salaries and pensions.

Part II.Jurisdiction and Law. 16. The High Court of Justice shall be a superior court of Jurisdiction of record, and, subject as in this Act mentioned, there shall be High Court of transferred to, and vested in the said High Court of Justice, the jurisdiction which at the commencement of this Act was vested in, or capable of being exercised by all or any of the courts following: (1.) The High Court of Chancery as a common law court, as

well as a court of equity, including the jurisdiction of the Master of the Rolls as a judge, or Master of the Court of Chancery, and any jurisdiction exercised by him in relation to the Court of Chancery as a common law

court. (2.) The Court of Queen's Bench. (3.) The Court of Common Pleas at Westminster. (4.) The Court of Exchequer as a court of revenue, as well as

a common law court.

transferred to

(5.) The High Court of Admiralty. (6.) The Court of Probate. (7.) The Court for Divorce and Matrimonial Causes. (9.) The Court of Common Pleas at Lancaster. (10.) The Court of Pleas at Durham. (11.) The courts created by Commissions of Assize, of Oyer

and Terminer, and of Gaol Delivery, or of any such

commissions. The jurisdiction by this Act transferred to the High Court of Justice shall include (subject to the exceptions hereinafter contained) the jurisdiction which at the commencement of this Act was vested in, or capable of being exercised by all or any one or more of the judges of the said courts respectively sitting in court or chambers, or elsewhere, when acting as judges, or a judge in pursuance of any statute, law, or custom, and all powers given to any such court, or to any such judges or judge by any statute, and also ministerial powers, duties, and authorities, incident to

any and every part of the jurisdictions so transferred. Jurisdiction not 17. There shall not be transferred to or vested in the said High Court.

High Court of Justice by virtue of this Act,
(1.) Any appellate jurisdiction of the Court of Appeal in

Chancery, or of the same court sitting as a court of

appeal in bankruptcy. (2.) Any jurisdiction of the Court of Appeal in Chancery of

the County Palatine of Lancaster. (3.) Any jurisdiction usually vested in the Lord Chancellor, or

in the Lords Justices of Appeal in Chancery, or either of them, in relation to the custody of the persons and estates of idiots, lunatics, and persons of unsound

mind. (4.) Any jurisdiction vested in the Lord Chancellor in relation

to grants of Letters Patent, or the issue of commissions or other writings to be passed under the Great Seal of

the United Kingdom. (5.) Any jurisdiction exercised by the Lord Chancellor in right

of or on behalf of Her Majesty as visitor of any college.

or of any charitable or other foundation. (6.) Any jurisdiction of the Master of the Rolls in relation to

records in London, or elsewhere in England. Jurisdiction 18. The Court of Appeal established by this Act shall be a Court of Appeal.

superior court of record, and there shall be transferred to and
vested in such court all jurisdiction and powers of the courts
following:
(1.) All jurisdiction and powers of the Lord Chancellor and of

the Court of Appeal in Chancery, in the exercise of his and its appellate jurisdiction, and of the same court as a court of appeal in Bankruptcy.

transferred to

(2.) All jurisdiction and powers of the Court of Appeal in

Chancery of the County Palatine of Lancaster, and all
jurisdiction and powers of the Chancellor of the Duchy
and County Palatine of Lancaster, when sitting alone or
apart from the Lords Justices of Appeal in Chancery, as
a judge of rehearing or appeal from decrees or orders

of the Court of the County Palatine of Lancaster.
(3.) All jurisdiction and powers of the Court of the Lord

Warden of the Stannaries, assisted by his assessors.
including all jurisdiction and power of the said Lord

Warden, when sitting in his capacity of judge.
(4.) All jurisdiction and power of the Court of Exchequer

Chamber.
(5.) All jurisdiction vested in or capable of being exercised by

Her Majesty in Council, or the Judicial Committee of
Her Majesty's Privy Council, upon appeal from any
judgment or order of the High Court of Admiralty, or
from

any order in lunacy made by the Lord Chancellor, or any other person having jurisdiction in lunacy. 19. The said Court of Appeal shall have jurisdiction and Appeals from power to hear and determine appeals from any judgment or order, save as hereinafter mentioned (a), of Her Majesty's High Court of Justice or of any judges or judge thereof, subject to the provisions of this Act, and to such rules and orders of court for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this Act.

For all the purposes of and incidental to the hearing and determination of any appeal within its jurisdiction, and the amendment, execution, and enforcement of any judgment or order made on any such appeal, and for the purpose of every other authority expressly given to the Court of Appeal by this Act, the said Court of Appeal shall have all the power, authority, and jurisdiction by this Act vested in the High Court of Justice. 22. From and after the commencement of this Act the several Transfer of

pending busijurisdictions which by this Act are transferred to and vested in the said High Court of Justice and the said Court of Appeal respectively shall cease to be exercised except by the said High Court of Justice and the said Court of Appeal respectively as provided by this Act.

No further or other appointment of any judge to any court whose jurisdiction is so transferred shall be made except as provided by this Act.

Provided that in all causes, matters, and proceedings whatsoever, which shall have been fully heard, and in which judgment

ness.

(a) See sects. 45, 47, 49.

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