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

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Waterlow and Sons, 1875 - Civil procedure - 718 pages
 

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Contents

Power to alter Divisions by Order in Council
80
Option for any Plaintiff subject to Rules to choose in what
87
Divisional Courts of the High Court of Justice
95
Divisional Courts for business of the Chancery Division
101
Provision for Crown Cases reserved
108
Provision for absence or vacancy in the office of Judge
114
SECTION
116
Her Majesty may establish District Registries in the country
122
Power for Court to remove proceedings from District
128
Demurrer
130
Rules in Schedule to regulate procedure till changed by other
134
Acts of Parliament relating to former Courts to be read
140
Officers of Courts of Pleas at Lancaster and Durham
146
Official Referees to be appointed
152
in Council
159
SECTION PAGE PART VII MISCELLANEOUS PROVISIONS 92 Transfer of books and papers to Supreme Court
163
Saving as to circuits c
164
Saving as to Chancellor of Lancaster
165
Saving as to Lord Treasurer and office of the Receipt of Exchequer
166
Transfer of pending business
167
Provisions as to Commissions in Counties Palatine
168
SUPREME COURT OF JUDICATURE Act 1875 191270
191
Commencement of Act
192
Explanation of 36 37 Vict c 66 s 5 as to number of Judges
196
Constitution of Court of Appeal 5 Tenure of office of Judges and oaths of office Judges not to
198
sit in the House of Commons
207
Precedence of Judges
210
Jurisdiction of Lords Justices in respect of lunatics
211
Admiralty Judges and Registrar
214
London Court of Bankruptcy not to be transferred to High Court of Justice
218
Amendment of 36 37 Vict c 66 s 25 as to rules of law upon certain points
220
Provision as to option for any plaintiff subject to Rules to choose in what division he will suein substitution for 36
223
Sittings of Court of Appeal
225
Amendment of section 60 of 36 37 Vict c 66 as to District Registrars 14 Amendment of 36 37 Vict c 66 s 87 as to enactments
226
relating to Attorneys
229
Appeal from inferior Court of Record 16 Rules in Schedule in substitution for 36 37 Vict c 66 s 69
230
and Schedule
231
Provisicn as to making of Rules of Court before or after the commencement of the Actin substitution for 36 37 Vict c 66 ss 68 69 74 and Schedule
232
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 19 Provision a...
235
remaining unaltered in substitution for 36 37 Vict c
236
Provision as to Act not affecting rules of evidence or juries in substitution for 36 37 Vict c 66 s 72
237
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
238
Nothing in Act to prejudice right to have issues submitted c
239
23
242
24
248
Orders and Rules to be laid before Parliament and may be annulled on address from either House
249
Fixing and collection of fees in High Court and Court of Appeal
250
Provisions as to Lancaster Fee Fund and salaries c of officers of Courts at Lancaster and Durham
254
Annual account of fees and expenditure
258
Amendment of law as to payments to senior puisne Judge of Queens Bench and Queens Coroner
259
Amendment of 35 36 Vict c 44 as to the transfer of Gover ment securities to and from the Paymaster General on be half of the Court of Chancery a...
260
Abolition of secretary to the Visitors of lunatics
262
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 sons entitled
263
Repeal
265
As to vacancies in any office within section seventyseven of principal Act
266
Amendment of principal Act section seventynine us to Chamber Clerks
267
FIRST SCHEDULERULES OF COURT
271
Form and Commencement of Action
272
Writ of Summons and Procedure c
277
Indorsements of Claim
284
Indorsement of Address
289
On particular Defendants
304
On Partners and other Bodies
306
In particular Actions
308
Generally
310
Service out of the Jurisdiction
311
Appearance
315
Default of Appearance
323
Leave to defend where Writ specially indorsed
332
Application for Account where Wriť indorsed under Order III Rules
335
Parties
336
Joinder of Causes of Action
349
ORDER PAGE XVIII Actions by and against Lunatics and persons of un sound mind
353
Pleading generally
355
Pleading matters arising pending the Action
372
Statement of Claim
374
Discontinuance
381
Reply and subsequent Pleadings
383
Close of Pleadings
385
Amendment of Pleadings
386
Demurrer
391
Default of Pleading
397
Payment into Court in satisfaction
403
Discovery and Inspection
405
Admissions
417
Inquiries and Accounts
418
Questions of Law
419
Proceedings in District Registries
423
Trial
431
110
443
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
479
Attachment
482
Attachment of Debts
483
Charging of Stock and Distringas
488
Writ of Sequestration
490
Writ of Possession
492
Writ of Delivery
493
Change of Parties by Death c
494
Transfers and Consolidation
499
Interlocutory Orders as to Mandamus Injunctions or interim Preservation of Property c
501
Motions and other Applications
506
Applications at Chambers
510
Costs
513
Notices and Paper c
516
Time
517
Appeals
520
Effect of noncompliance
531
Officers
532
Sittings and Vacations
533
Exceptions from the Rules
538
APPENDIX A 540558
540
Memorandum of Appearance
543
Limitation of Defence in Action for Recovery of Land
544
APPENDIX
626
Forms of Writs of Execution
634
Formation of District Registries
664

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Page 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!
Page 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...
Page 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.
Page 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...
Page 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...
Page 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...
Page 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...
Page 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...
Page 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.
Page 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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