The New System of Practice and Pleading Under the Supreme Court of Judicature Acts, 1873 & 1875

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Waterlow and Sons, 1875 - 718 sider
 

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Power to direct Trials before Referees
57
Power of Referees and effect of their findings
58
Powers of Court with respect to proceedings before Referees
59
Her Majesty may establish District Registries in the country for the Supreme Court
60
Seals of District Registries
61
Powers of District Registrars
62
Fees to be taken by District Registrars
63
SITTINGS AND DISTRIBUTION OF BUSINESS 26 Abolition of Terms
68
Vacations
69
Sittings in Vacation
71
Statement of Claim
73
Sittings for Trial by Jury in London and Middlesex
74
Divisions of the High Court of Justice
76
Power to alter Divisions by Order in Council
80
Rules of Court to Provide for Distribution of Business
82
Assignment of certain Business to particular Divisions of High Court subject to Rules
83
PAGE
86
Option for any Plaintiff subject to Rules to choose in what Division he will sue
87
Power of Transfer
88
Sittings in London and Middlesex and on Circuits
90
Rota of Judges for Election Petitions
91
Powers of one or more Judges not constituting a Divisional Court
92
Divisional Courts of the High Court of Justice
95
Divisional Courts for business of Queens Bench Common Pleas and Exchequer Divisions
97
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
100
Divisional Courts for business of the Chancery Division
101
Divisional Courts for business belonging to the Probate Divorce and Admiralty Division
102
Appeals from inferior Courts to be determined by Divisional Courts
103
Cases and points may be reserved for or directed to be argued before Divisional Courts
106
Provision for Crown Cases reserved
108
Motions for New Trials to be heard by Divisional Courts
110
Provision for absence or vacancy in the office of Judge
114
Divisional Courts of Court of Appeal
115
Judges not to sit on Appeal from their own judgments
116
121
121
126
126
Proceedings to be taken in District Registries
127
Power for Court to remove proceedings from District Registries
128
Accounts and inquiries may be referred to District Registrars
129
and 31 Vict c 142 ss 5 7 8 and 10 to extend to actions in High Court
130
Rules of Court may be made by Order in Council before com mencement of the Act Rules to be laid before Parliament and may be annulled on Addr...
132
Rules in Schedule to regulate procedure till changed by other Rules after commencement of
134
Rules of Probate Divorce Admiralty and Bankruptcy Courts to be Rules of the High Court
135
Criminal procedure subject to future Rules to remain unaltered
136
Act not to affect rules of evidence or juries 73 Saving of existing procedure of Courts when not inconsistent with this Act or Rules
137
Power to make and alter Rules after commencement of Act 75 Councils of Judges to consider procedure and administration of justice
138
Acts of Parliament relating to former Courts to be read as applying to Courts under this
140
OFFICERS AND OFFICES 135 137 137 138
141
Officers of Courts of Pleas at Lancaster and Durham
146
Personal officers of future Judges
149
Provisions as to officers paid out of fees
150
Doubts as to the status of officers to be determined by Rule 82 Powers of commissioners to administer oaths 83 Official Referees to be appointed
151
Duties appointment and removal of officers of Supreme Court
153
Salaries and pensions of officers
155
Patronage not otherwise provided for 87 Solicitors and attorneys
156
PART VI
159
Counterclaims in inferior Courts and transfers therefrom
161
Rules of law to apply to inferior Courts
162
MISCELLANEOUS PROVISIONS
163
191270
192
XXI
287
VII
300
Service out of the Jurisdiction
311
III Rule
318
Defence
333
Parties
336
XXIII
361
XXIV
366
Reply and subsequent Pleadings Discontinuance PAGE
383
Close of Pleadings XXVI Issues
385
Amendment of Pleadings
386
Demurrer
391
Default of Pleading
397
Default of Appearance
398
Payment into Court in satisfaction
403
Discovery and Inspection
405
Interrogatories
408
Admissions
417
Inquiries and Accounts
418
Questions of
419
Proceedings in District Registries
423
Trial
431
Evidence generally
448
Evidence by Affidavit
450
Motion for New Trial
453
Motion for Judgment
456
Entry of Judgment
462
Execution
466
Fieri Facias and Elegit XLIV Attachment XLV Attachment of Debts XLVI Charging of Stock and Distringas XLVII Writ of Sequestration XLVIII Wr...
467
466
479
點 501
494
Transfers and Consolidation LI
499
Interlocutory Orders as to Mandamus Injunctions or interim Preservation of Property
501
Motions and other Applications
506
Applications at Chambers
510
Costs
513
Notices and Paper
516
Time
517
Appeals
520
Effect of noncompliance LX
531
Officers
532
Sittings and Vacations
533
Exceptions from the Rules LXIII Interpretation of Terms
538
APPENDIX
540
Memorandum of Appearance
543
Memorandum of entry of Special Case
566
Issues of Fact
620
Forms of Præcipe
626
Forms of Writs of Execution
634
Order VI
641
Formation of District Registries
664
159
671
Jury
677
Leave to defend where Writ specially indorsed
683
161
691
Joinder of Causes of Action
692
162
700
635667
701
335
703
349
715

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Side 211 - I, AB, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So help me God!
Side 41 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt, or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Side 451 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.
Side 30 - ... relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim pursuant to any...
Side 39 - ... 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 ; and all persons who in any such case would be entitled to prove for and receive dividends out of the...
Side 507 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
Side 183 - Every party to a cause or matter shall be entitled, at any time, by notice in. writing to give notice to any other party in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his solicitor, and to permit him or theui to take copies thereof...
Side 566 - ... were respectively written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and...
Side 478 - ... the party alleging himself to be entitled to execution may apply to the Court or a judge for leave to issue execution accordingly. And such Court or judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties, shall be tried in any of the ways in which any question in an action may be tried.
Side 412 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...

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