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Abolition of certain offices.
with the concurrence of the Treasury, from time to time directs.
14. (1.) The offices specified in the first part of the first schedule of this Act are hereby abolished as from the commencement of this Act.
(2.) Each of the offices specified in the second part of the first schedule to this Act shall be abolished on the occurrence of the next vacancy therein.
(3.) On and after the occurrence of the next vacancy in any of the offices specified in the third part of the first schedule to this Act, the senior master for the time being of the Supreme Court shall hold and perform the duties of the office, with such additional salary in respect of the office of Queen’s Remembrancer as the Lord Chancellor, with the concurrence of the Treasury, may determine.
(4.) Provided as follows:
the Queen's Bench, Common Pleas, and Exchequer
first masters of the Supreme Court; (6.) Subject as aforesaid, each of the first masters of the
Supreme Court shall, for the purposes of this section, rank in seniority according to the date of his first appointment to an office in the Supreme Court, or in any court of which the jurisdiction has been transferred to the Supreme Court.
Record and Writ Clerk:
of the High Court of Justice:
Offices to be abolished on next vacancy.
Clerk of Enrolments :
Queen's Remembrancer :
The Supreme Court of Judicature Act, 1881.
44 & 45 Vict. c. 68. 2. The present and every future Master of the
olls shall cease to be a judge of the High Court of Justice, but shall continue to be a judge of the Court of Appeal.
3. The number of ordinary judges of the Court of Appeal shall henceforth be five.
4. The president for the time being of the Probate, Divorce, and Admiralty Division shall be an ex officio judge of the Court of Appeal.
5. Power to appoint a new judge of High Court instead of the Master of the Rolls.
8. The exception in the 40 & 41 Vict. c. 9 (a) of presidents of divisions from the enactment that the judges of the High Court shall be styled justices of the High Court shall not apply to future presidents of the Probate, Divorce, and Admiralty Division.
9. All appeals which under sect. 55 of 20 & 21 Vict. c. 85 (6), Divorce appeals or under any other Act might be brought to the full court established by the said first mentioned Act, shall henceforth be brought to the Court of Appeal, and not to the said full court.
The decisions of the Court of Appeal on any question arising under the Acts relating to divorce and matrimonial causes, or to the declaration of legitimacy, shall be final, except where the decision either is upon the grant or refusal of a decree on a petition for dissolution or nullity of marriage, or for a declaration of legitimacy, or is upon a question of law on which the Court of Appeal give leave to appeal; and save as aforesaid no appeal shall lie to the House of Lords under the said Acts, Subject to
any order made by the House of Lords in accordance with the Appellate Jurisdiction Act, 1876, every appeal to the House of Lords against any such decision shall be brought within one month after the decision appealed against is pronounced by the Court of Appeal, if the House of Lords is then sitting, or, if not, within fourteen days after the House of Lords next sits.
10. No appeal from an order absolute for dissolution or nullity of marriage shall henceforth lie in favour of any party who, having had time and opportunity to appeal from the decree nisi on which such order may be founded, shall not have appealed therefrom.
11. A judge who was not present and acting as a member of a “ Member of divisional court at the time when any decision which may be divisional court." appealed from was made, or at the argument of the case decided,
(a) See page 422.
(6) See post, title “Divorce Acts."
shall not, for the purposes of sect. 4 of 38 & 39 Vict. c. 77 (a), be deemed to be or to have been a member of such divisional court.
12. In cases of urgency one judge may officiate for another. 13. As to judges for trial of election petitions.
15. Five or more judges of the High Court may sit to hear criminal appeals, of whom the Lord Chief Justice of England is to be one, unless prevented by illness or otherwise.
22. A solicitor of the Supreme Court of not less than five years' standing may be appointed a district registrar of the High Court. A district registrar shall not, either by himself his
partner, be directly or indirectly engaged as solicitor or agent for a party to any proceedings whatsoever in the district registry of which he is registrar.
25. The Chief Justice of England is to have the powers of the Chief Justice of the Common Pleas and the Chief Baron of the Exchequer.
STATUTES RELATING TO THE CHANCERY
5 Vict. c. 5. 4. The [Chancery Division] may, upon the application of any party interested, by motion or petition, in a summary way, without [action] restrain the governor and company of the Bank of England or any other public company, whether incorporated or not, from permitting the transfer of any stock in the public funds or any stock or shares in any public company which may be standing in the name of any person or body politic or corporate in the books of the
of the Bank of England, or in the books of any such public company, or from paying any dividend due or to become due thereon. Proviso : The court may, on the application of any party interested, discharge or vary such order and award such costs as the court shall think fit.
The Court of Chancery (Oficers) Act, 1867.
30 & 31 Vict. c. 87. 13. Jurisdiction in lunacy may be exercised by either of the Lords Justices alone acting or sitting separately.
(a) Soe page 414.
The Court of Chancery (Funds) Act, 1872.
35 & 36 Vict. c. 44. 4. On the commencement of this Act the office of the PaymasterAccountant-General of the Court of Chancery shall be abolished, and the Paymaster-General shall perform all the duties and exercise all the powers and authorities heretofore performed by or vested in the Accountant-General.
6. All Acts of Parliament, &c., shall, subject to the provisions of this Act, be construed as if the Paymaster-General were therein named in the place of the Accountant-General.
STATUTES RELATING TO THE QUEEN'S
9 WILL. 3, c. 15. 1. Merchants, traders, and others desiring to end any con- Submission to troversy, suit, or quarrel for which there is no other remedy, but award may be
made a of by personal action or suit in equity may by arbitration agree that their submission of their suit to the award of any person or persons may be made a rule of court, and may insert such agreement in their submission, which agreement being so made and inserted, shall or may, upon producing an affidavit thereof made by one of the witnesses thereto in the court of which the same is agreed to be made a rule, and reading and filing the said affidavit in court, be entered of record in such court, and a rule shall thereupon be made that the parties shall submit to and be concluded by such arbitration ; and the party neglecting or refusing to perform and execute the same shall be guilty of contempt of court.
2. Any arbitration procured by corruption or undue means Corrupt may be set aside on complaint being made in the court where the rule is made for submission to such arbitration before the last day of the next term after such arbitration made and published to the parties.
An Act for the further Amendment of the Law and the
better Advancement of Justice. (a)
3 & 4 WILL 4, c. 42. 39. The power and authority of any arbitrator appointed by Submission to or in pursuance of any rule of court, or judge's order, or order of arbitration not
(a) For other sections of this Act, see pp. 135, 190, 362.
Nisi Prius, in any action, or by or in pursuance of any submission to reference containing an agreement that the same shall be made a rule of court, shall not be revocable by any party to such reference without the leave of the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge, and the arbitrator shall proceed notwithstanding such revocation.
40. The court or a judge may compel the attendance of witnesses before arbitrators, or the production of documents. Conduct money shall be paid, and witnesses need not produce documents which would be privileged on a trial.
41. Power to arbitrators under a rule of court to administer an oath to witnesses.
Sheriff may seize money, bills, notes, &c.
An Act for abolishing Arrest on Mesne Process, fc.
1 & 2 Vict. c. 110. (a) 11. Power to the sheriff to deliver the whole of the lands of a debtor to a judgment creditor under a writ of elegit instead of a moiety as formerly.
12. The sheriff may, under a fi. fa., seize any money or bank notes, and any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money belonging to the judgment debtor, and shall pay to the judgment creditor any such money or bank notes, or a sufficient part thereof; and shall hold any such cheques, &c., as security for the judgment debt, or the balance remaining due, and may sue in the name of such sheriff for the recovery of the sums secured thereby, when the time for payment shall have arrived ; and the payment to the sheriff by the party liable on any such cheque, &c., or the recovery and levying execution against him shall discharge him, to the extent thereof, from his liability on any such cheque, &c.; and such sheriff shall pay to the judgment creditor the money so recovered, or such part thereof as shall be sufficient to discharge the amount of levy. The balance (if any) after payment of the sheriff's expenses shall be paid to the judgment debtor. Proviso : The sheriff, before suing as aforesaid, may require the judgment creditor to give security for the costs of the action by bond with two sufficient sureties.
The Railway Clauses Consolidation Act, 1845.
8 Vict. c. 20. 138. Any summons or notice, or any writ or other proceeding way company. at law or in equity, requiring to be served upon a railway company,
Service on rail
(a) For other sections of this Act, see p. 139.