Page images
PDF
EPUB

Solicitors.

Appeal from

inferior court of record.

Provision as to rules of Probate, Divorce and

Admiralty

Courts.

Provision as to criminal procedure.

deemed to be joint district registrars, and shall perform the said duties in such manner as may from time to time be directed by the said order, or any order in council amending the same.

Moreover the registrar of any inferior court of record having jurisdiction in any part of any district defined by such order (other than a county court) shall, if appointed by Her Majesty, be qualified to be a district registrar for the said district or for any such part thereof as may be directed by such order or any order amending the same.

Every district registrar shall be deemed to be an officer of the Supreme Court, and be subject accordingly to the jurisdiction of such court, and of the divisions thereof.

14. The registrar of attorneys and solicitors in England shall be called the registrar of solicitors.

15. It shall be lawful for Her Majesty from time to time, by order in council, to direct that the enactments relating to appeals from county courts shall apply to any other inferior court of record; and those enactments, subject to any exceptions, conditions, and limitations contained in the order, shall apply accordingly, as from the date mentioned in the order.

17. Provisions as to making, altering, and annulling rules of court.

18. All rules and orders of court in force at the time of the commencement of this Act in the Court of Probate, the Court for Divorce and Matrimonial Causes, and the Admiralty Court, or in relation to appeals from the Chief Judge in Bankruptcy, or from the Court of Appeal in Chancery in bankruptcy matters, shall remain and be in force in the High Court of Justice and in the Court of Appeal respectively until they shall respectively be altered or annulled by any rules of court made after the commencement of this Act.

The present judge of the Probate Court and of the Court for Divorce and Matrimonial Causes, shall retain, and the president for the time being of the Probate and Divorce Division of the High Court of Justice shall have, with regard to non-contentious or common form business in the Probate Court, the powers now conferred on the judge of the Probate Court by 20 & 21 Vict. c. 77, s. 30, and the said judge shall retain, and the said president shall have, the powers as to the making of rules and regulations conferred by 20 & 21 Vict. c. 85, s. 53.

19. Subject to any rules of court to be made under this Act, the practice and procedure in all criminal causes and matters whatsoever in the High Court of Justice and in the Court of Appeal respectively, including the practice and procedure with respect to Crown cases reserved, shall be the same as the practice and procedure in similar causes and matters before the commencement of this Act.

evidence, &c.

20. Nothing in this Act, or in rules of court to be made Rules of under this Act, save as far as relates to the power of the court for special reasons to allow depositions or affidavits to be read, shall affect the mode of giving evidence by the oral examination of witnesses in trials by jury, or the rules of evidence, or the law relating to jurymen or juries.

Provision for saving of exist

ing procedure of

inconsistent with

21. Save as by the principal Act or this Act, or by any rules of court, may be otherwise provided, all forms and methods of procedure which at the commencement of this Act were in force courts when not in any of the courts whose jurisdiction is by the principal Act this Act or rules or this Act transferred to the said High Court and to the said of court. Court of Appeal respectively, under or by virtue of any law, custom, general order, or rules whatsoever, and which are not inconsistent with the principal Act or this Act, or with any rules of court, may continue to be used and practised, in the said High Court of Justice and the said Court of Appeal respectively, in such and the like cases, and for such and the like purposes, as those to which they would have been applicable in the respective courts of which the jurisdiction is so transferred, if the principal Act and this Act had not passed.

[ocr errors]

22. Whereas by section forty-six of the principal Act it is Nothing in enacted that "any judge of the said High Court sitting in the principal Act to prejudice right exercise of its jurisdiction elsewhere than in a divisional court to have issues submitted, &c. may reserve any case, or any point in a case, for the consideration of a divisional court, or may direct any case or point in a case to be argued before a divisional court: Be it hereby enacted, that nothing in the said Act, nor in any rule or order made under the powers thereof or of this Act, shall take away or prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury before whom the same shall come for trial, with a proper and complete direction to the jury upon the law, and as to the evidence applicable to such issues: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal founded upon an exception entered upon or annexed to the record.

25. Orders and rules are to be laid before Parliament, and may be annulled on address to the Queen by either House.

26. (6.) Any person who forges or counterfeits any such stamp (a) or uses any such stamp, knowing the same to be forged or counterfeit, or to have been previously cancelled or used, shall be guilty of forgery, and be liable on conviction to penal servitude for a term not exceeding seven years, or to imprisonment with or without hard labour for a term not exceeding two years.

(a) I.e. any stamp for the payment of fees under the Judicature Acts.

Cases in which appeal lies to House of Lords.

Form of appeal to House of Lords.

Requisite number of Lords of Appeal.

Hearing and

appeals during

prorogation of

Parliament.

The Appellate Jurisdiction Act, 1876.

39 & 40 VICT. C. 59.

3. Subject as in this Act mentioned an Appeal shall lie to the House of Lords from any order or judgment of any of the courts following; that is to say,

(1.) Of Her Majesty's Court of Appeal in England; and
(2.) Of any Court in Scotland from which error or an appeal

at or immediately before the commencement of this
Act lay to the House of Lords by common law or by
statute; and

(3.) Of any Court in Ireland from which error or an appeal at or immediately before the commencement of this Act lay to the House of Lords by common law or by

statute.

4. Every appeal shall be brought by way of petition to the House of Lords, praying that the matter of the order or judgment appealed against may be revived before Her Majesty the Queen in her Court of Parliament, in order that the said Court may determine what of right, and according to the law and custom of this realm, ought to be done in the subject-matter of such appeal.

5. An appeal shall not be heard and determined by the House of Lords unless there are present at such hearing and determination not less than three of the following persons, in this Act designated Lords of Appeal; that is to say,

(1.) The Lord Chancellor of Great Britain for the time being; and

(2.) The Lords of Appeal in Ordinary to be appointed as in this Act mentioned; and

(3.) Such Peers of Parliament as are for the time being holding or have held any of the offices in this Act described as high judicial offices.

6. As to appointment of Lords of Appeal in Ordinary by Her Majesty.

8. For preventing delay in the administration of justice, the determination of House of Lords may sit and act for the purpose of hearing and determining appeals, and also for the purpose of Lords of Appeal in ordinary taking their seats and the oaths, during any prorogation of Parliament, at such time and in such manner as may be appointed by order of the House of Lords made during the preceding session of Parliament; and all orders and proceedings of the said House in relation to appeals and matters connected therewith during such prorogation, shall be as valid as if Parliament had been then sitting, but no business other than the hearing and determination of appeals and the matters connected therewith, and Lords of Appeal in Ordinary taking

their seats and the oaths as aforesaid, shall be transacted by such House during such prorogation.

Any order of the House of Lords may for the purposes of this Act be made at any time after the passing of this Act.

Parliament.

9. If on the occasion of a dissolution of Parliament Her Hearing and determination of Majesty is graciously pleased to think that it would be expedient, appeals during with a view to prevent delay in the administration of justice, to dissolution of provide for the hearing and determination of appeals during such dissolution, it shall be lawful for Her Majesty, by writing under Her sign manual, to authorise the Lords of Appeal in the name of the House of Lords to hear and determine appeals during the dissolution of Parliament, and for that purpose to sit in the House of Lords at such times as may be thought expedient; and upon such authority as aforesaid being given by Her Majesty, the Lords of Appeal may, during such dissolution, hear and determine appeals and act in all matters in relation thereto in the same manner in all respects as if their sittings were a continuation of the sittings of the House of Lords, and may in the name of the House of Lords exercise the jurisdiction of the House of Lords accordingly.

10. An appeal shall not be entertained by the House of Lords Fiat of Attorneywithout the consent of the Attorney-General or other law officer General.

of the Crown in any case where proceedings in error or on appeal could not hitherto have been had in the House of Lords without the fiat or consent of such officer.

11. After the commencement of this Act, error shall not lie Procedure under to the House of Lords, and an appeal shall not lie from Act to supersede of any all other prothe courts from which an appeal to the House of Lords is given cedure. by this Act, except in manner provided by this Act, and subject to such conditions as to the value of the subject-matter in dispute, and as to giving security for costs, and as to the time within which the appeal shall be brought, and generally as to all matters of practice and procedure, or otherwise, as may be imposed by orders of the House of Lords.

17. On and after the first day of December, one thousand Disposal of eight hundred and seventy-six, every action and proceeding in single judge. the High Court of Justice, and all business arising out of the same, except as is hereinafter provided, shall, so far as practicable and convenient, be heard, determined, and disposed of before a single judge, and all proceedings in an action subsequent to the hearing or trial, and down to and including the final judgment or order, except as aforesaid, and always excepting any proceedings on appeal in the Court of Appeal, shall, so far as is practicable and convenient, be had and taken before the judge before whom the trial or hearing of the cause took place: Provided, nevertheless, that divisional courts of the High Court of Justice may be held for the transaction

Attendance of judges of High of Appeal.

of any business which may for the time being be ordered by the rules of court to be heard by a divisional court; and any such divisional court when held shall be constituted of two judges of the court and no more, unless the president of the division to which such divisional court belongs, with the concurrence of the other judges of such division, or a majority thereof, is of opinion that such divisional court should be constituted of a greater number of judges than two, in which case such court may be constituted of such number of judges as the president, with such concurrence as aforesaid, may think expedient; nevertheless, the decisions of a divisional court shall not be invalidated by reason of such court being constituted of a greater number than two judges.

19. Where a judge of the High Court of Justice has been Court on Court requested to attend as an additional judge at the sittings of the Court of Appeal under section four of the Supreme Court of Judicature Act, 1875, such judge shall, although the period has expired during which his attendance was requested, attend the sittings of the Court of Appeal for the purpose of giving judgment or otherwise in relation to any case which may have been heard by the Court of Appeal during his attendance on the Court of Appeal.

No appeal in certain cases.

Appointment of deputy by district registrar.

Additional judge.

Style of judges.

20. Where by Act of Parliament it is provided that the decision of any court or judge the jurisdiction of which court or judge is transferred to the High Court of Justice is to be final, an appeal shall not lie in any such case from the decision of the High Court of Justice, or of any judge thereof, to Her Majesty's Court of Appeal.

22. A district registrar of the Supreme Court of Judicature may from time to time, but in each case with the approval of the Lord Chancellor, and subject to such regulations as the Lord Chancellor may from time to time make, appoint a deputy, and all acts authorised or required to be done by, to, or before a district registrar may be done by, to, or before any deputy so appointed: Provided always, that in no case such appointment shall be made for a period exceeding three months.

The Supreme Court of Judicature Act, 1877.

40 VICT. C. 9.

By this Act power is given to Her Majesty to appoint an additional judge of the High Court of Justice. Such judge to be in the same position as if he had been appointed a puisne judge of the High Court under the Judicature Acts, and (subject to power of transfer) to be attached to the Chancery Division.

It is also enacted that the ordinary judges of the Court of

« PreviousContinue »