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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Innhold

Precedence of Judges
12
Provisions for extraordinary duties of Judges of the former Courts
14
Salaries of future Judges
15
Retiring pensions of future Judges of High Court of Justice and ordinary Judges of Court of Appeal
16
Salaries and pensions how to be paid
17
Jurisdiction not transferred to High Court
19
Jurisdiction transferred to Court of Appeal
20
Appeals from High Court
22
No appeal from High Court or Court of Appeal to House of Lords or Judicial Committee
23
Power to transfer jurisdiction of Judicial Committee by Order in Council
24
Transfer of pending business
25
SECTION PAOE 23 Rules as to exercise of jurisdiction
27
Law and equity to be concurrently administered
28
Rules of law upon certain points Administration of assets of insolvent estates Statutes of Limitation inapplicable to express trusts Equitable waste Mer...
38
ORDER
42
Abolition of Terms
68
Vacations 09
69
Sittings in Vacation
71
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 Provido for Distribution of Business
82
Assignment of certain Business to particular Divisions of High Court subject to Rules
83
ZC Option for any Plaintiff subject to Rules to choose in what Division ho will suo
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 tho 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 tho Probate Divorce and Admiralty Division
102
Appeals from inferior Courts to bo determined by Divisional Courts
103
Cases and points may be reserved for or directed to be argued before Divisional Courts 106
106
Provision for Crown Cases reserved
108
Motions for New Trials to be heard by Divisional Courts
110
As to discharging Orders made in Chambers
112
Provision for absence or vacancy in tho office of Judgo
114
Divisional Courts of Court of Appeal
115
Judges not to sit on Appeal from their own judgments
116
SECTION PAOE Tart XV Trial and Procedure 56 References and Assessors
117
Power to flirect Trials before Referees
120
Power of Referees and offect of their findings 121
121
Her Majesty may establish District Registries in the country for the Supreme Court
122
Seals of District Registries
125
Powers of District Retristrars 126
126
Proceedings to be taken in District Registries
127
Power for Court to remove proceedings from District Registries
128
Accounts and inquiries may bo referred to District Registrars
129
and 31 Vict c 142 ss 5 7 8 and 10 to extend to actions in High Court
130
Bules of Court may be made by Order in Council before com mencement of the Act Rules to be laid boforo Parliament and may be annulled on Add...
132
Rules in Schedule to regulate proceduro till changed by other Rules after commencement of Act
134
Bules of Probate Divorce Admiralty and Bankruptcy Courts to be Rules of the High Court
135
71 Criminal procedure subject to future Rules to remain unaltered
136
Act not to affect rules of evidence or juries
137
Power to make and alter Rules after commencement of Act
138
Acts of Parliament relating to former Courts to be read us applying to Courts under this Act
140
Officers and Offices 77 Transfer of existing staff of officers to Supreme Court
141
Officers of Courts of Pleas at Lancaster and Durham
146
Personal officers of future Judges
149
Provisions as to officers paid out of foes
150
Doubts as to the status of officers to be determined by Rule
151
Official Referees to be appointed
152
Duties appointment and removal of officers of Supremo Court
153
Salaries and pensions of officers
155
Patronage not otherwise provided for
156
Jurisdiction of Inferior Courts 88 Power by Order in Council to confer jurisdiction on inferior Courts
159
Counterclaims in inferior Courts and transfers therefrom
161
Rules of law to apply to inferior Courts
162
SECTION PAOE
163
Supreme Court op Judicature Act 1875 191270
169
Provision as to option for any plaintiff subject to Rules
223
Provisions as to Rules of Probate Divorce and Admiralty
235
Amendment of 32 33 Vict c 83 s 19 and 32 33 Vict c 71 s 116 as to payment of unclaimed dividends to per
263
Eepeal
265
As to vacancies in any office within section seventyseven of principal Act 26G 35 Amendment of principal Act section seventynine as to Chamber Cl...
267
Flbst ScheduleRcles of Covet
271
Form and Commencement of Action
272
Writ of Summons and Procedure c
277
Indorsements of Claim
284
Indorsement of Address
289
Issue of Writs of Summons
291
Option to chooso Division in Certain Cases
292
Generally
293
In particular Actions
296
Concurrent Writs
299
Disclosure bv Solicitors and Plaintiffs
300
Renewal of Writ
301
Service of Writ
303
On particular Defendants
304
On Partners and other Bodies
306
In particular Actions
308
Generally
310
Rorvice out of the Jurisdiction
311
Appearance
315
XIIL Default of Appearanco
323
Leave to defend where Writ specially indorsod
332
Application for Account where Writ indorsod under Order HI RuleS
335
Parties
336
Joinder of Causes of Action
349
Actions by and against Lunatics and persons of
353
XIX
355
pleading matters arising pending the Action
372
Statement of Claim
374
XXII
377
Discontinuance
381
XXIV
383
Closo of Pleadings
385
Amendment of Pleadings
386
Demurrer
391
Default of Pleading
397
Payment into Court in satisfuction
403
Discovery and Inspection
405
Admissions
417
Inquiries and Accounts
418
Proceedings in District Registries
423
Trial
431
Evidenco generally
448
Motion for Judgment
456
Entry of Judgment
462
XLII
468
Fieri Facias and Elegit
479
Attachment of Debts
483
Charging of Stock and Distringas
488
Writ of Possession
492
XL1X Writ of Delivery
493
Chango of Parties by Death c
494
Transfers and Consolidation
499
LJI Interlocutory Orders as to Mandamus Inj motions or interim Preservation of Propcrtv c
501
LILT
506
Applications at Chambers
510
LV
513
LVIII
520
Effect of noncompliance 631
531
Sittings and Vacations
533
LXIII
538
Writs of Summons 540543
540
General Indorsements 544
544
Special Indorsements
556
Notice to produce Documents
563
Issues of Fact 667620
620
PPErD?JA 626633
626
Second Schedule
634
Costa 641663
641
Formation of District Begistrics 664
664
Memorandum of Appearanco 643
671

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Populære avsnitt

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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