The New System of Practice and Pleading Under the Supreme Court of Judicature Acts, 1873, 1875, 1877: The Appellate Jurisdiction Act, 1876, and the Rules of the Supreme Court

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Waterlow, 1877 - 1149 sider
 

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Law and equity to bo concurrently administered
38
Rules of law upon certain points Administration of assets of insolvent estates Statutes of Limitation inapplicable to express trusts Equitable waste Mer...
66
Abolition of Terms
85
Vacations
86
Sittings in Vacation
88
Sittings for Trial by Jury in London and Middlesex
91
Divisions of the High Court of Justice
99
Rules of Court to Provide for Distribution of Business
101
Assignment of certain Business to particular Divisions of High Court subject to Rules
102
Option for any plaintiff subject to Rules to choose in what Division ho will sue
107
Power of Transfer
108
Sittings in London and Middlesex and on Circuits
112
Rota of Judges for Election Petitions
113
Powers of one or more Judges not constituting a Divisional Court
114
Divisional Courts of the High Court of Justice
118
Divisional Courts for business of Queens Bench Common Pleas and Exchequer Divisions
122
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
124
Divisional Courts for business of the Chancery Division
126
Appeals from inferior Courts to be determined by Divisional Courts
127
Cases and points may be reserved for or directed to be argued before Divisional Courts
134
Provision for Crown Cases reserved
136
Motions for New Trials to be heard by Divisional Courts
140
As to discharging Orders made in Chambers
142
Provision for absence or vacancy in the office of Judge
144
Power of a single Judge in Court of Appeal
146
Divisional Courts of Court of Appeal 146 _ 64 Judges not to sit on Appeal from their own judgments
147
OH lAOE Part IV Trial and Procedure 56 References and Assessors
148
Power to direct Trials before Referees
152
Power of Referees and effect of their findings
155
Powers of Court with respect to proceedings before Referees
156
Her Majesty may establish District Registries in the country for the Supreme Court
158
Seals of District Registries
161
Fees to be taken by District Registrars
162
Power for Court to remove proceedings from District Registries
164
Accounts and inquiries may be referred to District Registrars
166
Rules of Court may be made by Order in Council before com mencement of the Act Rules to bo laid before Parliament and may be annulled on Addr...
171
Rules in Schedule to regulate procedure till changed by other Rules after commencement of Act
172
Rules of Probate Divorce Admiralty and Bankruptcy Courts to be Rules of the High Court
174
Act not to affect rules of evidence or juries
175
Power to make and alter Rules after commencement of Act 17G 75 Councils of Judges to consider procedure and administration of justice
176
Acts of Parliament relating to former Courts to be read as applying to Courts undor this Act
178
Officers and Offices 77 Transfer of existing staff of officers to Supreme Court
180
Officers of Courts of Pleas at Lancaster and Durham
186
Personal officers of future Judges
189
Provisions as to officers paid out of fees
190
Doubts as to the status of officers to be determined by Rule
191
Official Referees to be appointed
193
Duties appointment and removal of officers of Supreme Court
196
Salaries and pensions of officers
199
Patronage not otherwise provided for
200
Solicitors and Attorneys
201
Jurisdiction of Inferior Courts 88 Power by Order in Council to confer jurisdiction on Inferior Courts
204
Powers of Inferior Courts having Equity and Admiralty jurisdiction
205
Counterclaims in Inferior Courts and transfers therefrom
207
Rulee of law to apply to Inferior Courts
210
Saving as to Circuits c
211
Saving as to Lord Chancellor
212
Saving as to Chancellor of Lancaster
213
Saving as to Chancellor of the Exchequer and Sheriffs
220
Saving as to Lord Treasurer and office of the Receipt of Exchequer
221
Provisions as to Great Seal being in commission
222
Provisions as to Commissions in Counties Palatine
223
Interpretation of terms
224
Schedule
227
Supreme Court of Judicature Act 1876 246883
246
Short title and construction with 36 37 Vict c 66
247
Explanation of 36 37 Vict c 66 s 5 as to number of Judges
251
Constitution of Court of Appeal
254
Tenure of offico of Judges and oaths of office Judges not to sit in the Houso of Commons
264
Precedence of Judges
266
Jurisdiction of Lords Justices in respect of lunatics
267
Admiralty Judges and Registrar
270
London Court of Bankruptcy not to be transferred to High Court of Justice
275
Amendment of 36 37 Vict c 66 s 25 as to rules of law upon certain points
277
Provision as to option for any plaintiff subject to Rules to choose in what Division he will suein substitution for 36
285
Sittings of Court of Appeal
290
Amendment of section 60 of 36 37 Vict c 66 as to District Registrars
291
Amendment of 36 37 Vict c 66 s 87 as to enactments relating to Attorneys
295
Appeal from Inferior Court of Record
302
Provision as to making of Rules of Court beforo or after the commencement of the Actin substitution for 36 37 Vict c 66 ss 68 69 74 and Schedule
304
Provisions as to Rules of Probate Divorce and Admiralty Courts being Rules of the High Courtin substitution for 36 37 Vict c 66 s 70
308
19 Provisions as to criminal procedure subject to future Rules remaining unalteredin substitution for 36 37 Vict c
310
Provision as to Act not affecting rules of evidence or juries in substitution for 36 37 Vict c 66 s 72
311
Provision for saving of existing procedure of Courts when not inconsistent with this Act or Rules of Courtin substitu tion for 36 37 Vict c 66 s 73
313
Nothing in Act to prejudice right to have issues submitted c
314
Regulation of Circuits
317
Rules of Court
325
Orders and Rules to be laid before Parliament and nay be annulled on address from either House
327
Fixing and collection of fees in High Court and Court of Appeal
328
Provisions as to Lancaster Fee Fund and Balaries c of officers of Courts at Lancaster and Durham
334
Annual account of fees and expenditure
337
Form and Commencement of Action
353
Writ of Summons and Procedure c
364
Indorsements of Claim
372
Indorsement of Address
379
Issue of Writs of Summons
383
Option to choose Division in Certain Cases
385
Generally
386
In particular Actions
393
Concurrent Writs
397
Disclosure by Solicitors and Plaintiffs
399
Renewal of Writ
400
Senice of Writ
402
On particular Defendants
406
On Partners and other liodies
407
In particular Actions
410
Generally
413
Substituted Service
414
Appearance
422
Default of Appearance
432
Leave to defend where Writ specially indorsed
442
Application for Account whero Writ indorsed undor Order III RuleS
448
XVT Parties
450
Joinder of Causes of Action
476
OllPER IAGK XVIII Actions by and against Lunatics an 1 persons of un sound mind
480
Pleading generally
482
Pleading matters arising pending the Action 616
515
Discontinuance 628
528
Eeply and subsequent Pleadings 632
532
Closo of Pleadings 635
535
Issues
536
Demurrer
548
Default of Pleading
556
Payment into Court in satisfaction 65
565
Admissions
590
Inquiries and Accounts
591
Questions of Law
594
Proceedings in District Registries 698
598
Trial
611
Evidence generally
637
Evidcnco by Affidavit
641
Motion for New Trial
644
Motion for Judgment
652
Entry of Judgment
657
Execution
666
Writs of Fieri Facias and Elegit
681
Attachment
683
Attachment of Debts
686
Charging of Stock and Distringas
690
Writ of Sequestration
693
Writ of Possession
695
XL1X Writ of Delivery
696
Change of Parties by Death c
697
Transfers and Consolidation
703
Interlocutory Orders as to Mandamus Injunctions or interim Preservation of Property c
708
Motions and other Applications
715
Applications at Chambers
720
Costs
725
Notices and Paper c
731
LVTI Time
733
LVIIa Divisional and othor Courts
738
Appeals
743
Effect of noncompliance
766
Officers
768
Sittings and Vacations
769
Exceptions from tho Utiles
776
Appendix A 778800
778
Warrant of Arrest in Admiralty Action iu rtm 784
784
Memorandum for Renewed Writ
785
Special Indorsements
798
Notice to produce Documents
806
Demurrer
866
Appendix F 873882
873
Second ScheduleRefeai
883
Second Order in Council Aug 121875 Formation of District
919
Order of Treasury Oct 28 1875 Stamps
937
Judges Rules as to Preliminary Intermediate and Final Exami
957
Notice Causes and Actions with Witnesses before the Master
964
Rules of the Supreme Court February 1876
970
Notice Motions under Order XL in tho Chancery Division
985
Order in Council June 27th 1876 Rovising Barristers
992
Form of appeal to House of Lords
1000
Hearing and determination of appeals during Prorogation
1006
Amendment of the Supremo Court of Judicature Acts
1014
Power in certain events to fill Vacancies occasioned in High
1024
Definitions
1030
Standing Orders 10381047
1038
Taxation of Costa 1014
1047
Notices Notices of Trial Chancery Division December 1876
1058
Notice Copies of Pleadings Chancery Division April 1877
1061
Rules of the Supreme Court May 1877
1068
Index
1083

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Side 876 - CD, or any person in trust for him, was seised or possessed of on the said day of (a), or at any time afterwards, or over which the said CD on that day, or at any time afterwards, had any disposing power, -which he might, without the assent of any other person, exercise for his own benefit...
Side 59 - Act had not passed), to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor...
Side 650 - ... unless in the opinion of the court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Side 876 - CD in your bailiwick, except his oxen and beasts of the plough; and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD, or any person in trust for him, was...
Side 254 - High Court of Justice shall be constituted as follows: -The first Judges thereof shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
Side 204 - ... it shall be lawful for Her Majesty from time to time, by Order in Council, to...
Side 400 - No original writ of summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date ; but if any defendant therein named shall not have been served therewith, the plaintiff may, before the expiration of the twelve months, apply to...
Side 152 - The Court or a Judge may direct the trial without a jury, of any cause, matter or issue requiring any prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in their or his opinion, conveniently be made with a jury.
Side 278 - ... the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the Law of Bankruptcy with respect to the estates of persons adjudged bankrupt...
Side 885 - Generally, for regulating any matters relating to the practice and procedure of the said Courts respectively, or to the duties of the officers thereof, or of the Supreme Court, or to the costs of proceedings therein.

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