The Law and Practice of the Supreme Court of Judicature, Comprising the Supreme Court of Judicature Act, 1873: Supreme Court of Judicature (commencement) Act, 1874, Rules of Court, Notes, Statutes Referred To, and a Very Copious Index

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Butterworths, 1874 - 428 sider
 

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Innhold

Assignment of certain business to particular Divisions of High Court subject to Rules
29
Option for any Plaintiff subject to Rules to choose in what Division he will sue
31
Sittings in London and Middlesex and on Circuits
32
Rota of Judges for election petitions
33
Divisional Courts of the High Court of Justice
34
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
35
Divisional Courts for business of the Chancery Division
36
Cases and points may be reserved for or directed to be argued before Divisional Courts
37
What orders shall not be subject to Appeal
38
Power of a single Judge in Court of Appeal
39
Arrangements for business of Court of Appeal and for hearing Appeals transferred from the Judicial Committee of the Privy Council
40
Power to direct trials before Referees
41
Power of Referees and effect of their findings
42
Seals of District Registries
43
SECT PAGE 65 Power for Court to remove proceedings from District Registries
44
Accounts and inquiries may be referred to District Registrars
45
Rules in Schedule to regulate procedure till changed by other rules after commencement of Act
46
Rules of Probate Divorce Admiralty and Bankruptcy Courts to be Rules of the High Court
47
Saving of existing procedure of Courts when not inconsistent with this Act or Rules
48
Councils of Judges to consider procedure and administration of justice
49
Transfer of existing staff of officers to Supreme Court
50
Officers of Courts of Pleas at Lancaster and Durham
52
Personal officers of future Judges
54
Provisions as to officers paid out of fees
55
Duties appointment and removal of officers of Supreme Court
56
Salaries and pensions of officers
57
Patronage not otherwise provided for
58
Power by Order in Council to confer jurisdiction on inferior Courts
59
Counter claims in inferior Courts and transfers therefrom
60
Saving ai to circuits c
61
Saving as to Lord Treasurer and office of the Receipt of Exchequer
62
Schedule Bales of Procedure no Form of Action pagb 1 Form of action in High Court
65
Actions to be commenced by writ 05
66
Special endorsement of particulars in cases of account
67
Misjoinder or nonjoinder of parties
68
Power to determine questions as against third parties
69
Parties where there are several liabilities on the same contract
70
Power to settle issues
71
Counterclaims by defendant
72
PJght of discovery on interrogatories
73
Discovery as to documents
74
Mode of Trial 28 Mode of trying actions
75
Mode of giving evidence at trials
76
Admissions
77
Statutes referred to in the Supreme Court of Judicature
84
Notes
133
no iaoe 12 The London Court of Bankruptcy
146
The Lord Chancellor
147
The Lord Chief Justice of England
148
The Master of the Rolls
149
The Lord Chief Justice of the Common Pleas
150
The Jude of the High Court of Admiralty
151
Superior Courts of Common Law
152
The permanent number of Judges of the said High Court
154
Ireland
155
Barrister of Ten YearsStanding
157
The Oaths to be taken by the Lord Chancellor
158
Peers
159
Assize
160
INisiPrius
162
Salary of the Lord Chancellor
163
Salary of the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas and the Lord Chief Baron of the Exchequer
164
The Pension of the Lord Chief Justice of England
165
The Jurisdiction of the High Court of Chancery as a Common Law Court as well a Court of Equity
166
The Jurisdiction of the Court of Queens Bench
167
The Jurisdiction of the Court of Common Pleas at Westminster
168
The Jurisdiction of the High Court of Admiralty
169
The Jurisdiction of the Court of Probate
170
Notescontinued No PAGE 58 The Jurisdiction of the London Court of Bankruptcy
171
Express Trust
183
Equitable Waste
184
Merger
185
The Acts for the Relief of Trustees
186
Stipulations in Contracts
187
Injunction
188
Terms
189
Circuits
190
Criminal Trials
193
The Common Law Procedure Act 1854
194
All Acts of Parliament relating to the several Courts and Judges
195
Masters _
196
Solicitors Attorneys and Proctors
197
Notes continued NO PAOB 111 Position of Lord Chancellor
198
Commissioners of Her Majestys Treasury
199
Writ
200
Rules of Court Order Writ of Summons and procedure c
202
Indorsements of Claim
203
Indorsement of Address
204
Issue of Writs of Summons
205
Concurrent Writs
208
Disclosure by Solicitors and Plaintiffs
209
Renewal of Writ
210
Service of Writ of Summons
211
Order JX Substituted Service
213
Appearance
214
Default of Appearance
217
Leave to Defend where Writ specially Indorsed
221
Application for Account under Rule 8 of Schedule to the Act
222
Joinder of Camesof Action
225
Actions by and and against Lunatics and Per sons of unsound Mind
226
Order XK77 Pleadin Generally
227
Pleading Matters arising pending the Action
232
Statement of Claim
233
Defence
235
Reply and Subsequent pleadings
236
Close of Pleadings
237
Demurrer
239
Default of Pleading
241
Payment into Court in Satisfaction
244
Order XXFY Discovery and Inspection
245
Admission of Documents
249
Proceedings to be taken in District Registries 43
250
Trial
253
Order XXXIII Evidence by Affidavit
257
Motion for New Trial
258
Motion for Judgment
259
Entry of Judgment
261
Execution
262
Writs of Fieri Facias and Elegit
267
Order XXXIX Attachment
268
Charging of Stock or Shares and Distringas
270
Writ of Sequestration
271
Change of Parties by Death Ac
272
Transfers and Consolidation
273
Interpretation of terms 62
285
Schedule A to the Rules of Court
287
Section VI Admiralty Indorsements
298
Section VII Special Indorsements under Clause 7 of the Schedule
299
Schedule B to the Rules of Court Form 1 Notice by Defendant to third party
300
Plaintiffs confession of defence
301
Acceptance of Sum paid into Court
302
Form of Notice to produce Documents
303
Setting down Special Case
304
Memorandum of Entry of Demurrer for Argu ment
305
Supreme Court of Judicature commencement Act 1874
306
Index
307
Transfer of pending business 14
328
Rules of law upon certain points Administration of assets
406

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Side 11 - 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 11 - ... 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 273 - ... a Court or a judge. (5. A Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.
Side 11 - ... 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 11 - ... (subject to all equities which would have been entitled to priority over the right of the assignee if this 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 74 - ... 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 70 - ... the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the court or judge may think reasonable...
Side 62 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may...
Side 57 - shall include any action suit or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by the Crown. " Suit " shall include action. " Action " shall mean a civil proceeding commenced by writ, or in such other manner as may be prescribed by rules of Court, and shall not include a criminal proceeding by or in the name of the Crown.
Side 165 - ... if it shall find that the petitioner has during the marriage been guilty of adultery, or if the petitioner shall, in the opinion of the court, have been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct as has conduced to the adultery.

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