[The words enclosed in brackets and underlined were omitted by the Lords to avoid questions of privilege.]

Α

BILL

INTITULED

An Act to amend the law with respect to the A.D. 1924. jurisdiction and business of the Supreme Court in England and with respect to the officers and offices thereof and otherwise with respect to the administration of justice in England.

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

1.-(1) If at any time it appears to the Lord Chief Power to Justice of England that there is no business or no sub- dispense stantial amount of business to be transacted at the assizes with holding of assizes in then about to be held at any place on a circuit and that places where 10 having regard to all the circumstances of the case it is unnecessary. desirable that an order should be made under this section, he may, with the concurrence of the Lord Chancellor, by order direct that assizes shall not on the occasion of that circuit be held at that place, and where any such 15 order is made then, notwithstanding any enactment or custom to the contrary, assizes shall not on that occasion be held at the place specified in the order.

(2) There may be included in an order made under this section provision for any matters (including any 20 of the matters mentioned in paragraph (3) of section two

of the Winter Assizes Act, 1876) for which it appears to 39 & 40 Vict. the Lord Chief Justice to be necessary or proper to c. 57. make provision with a view to giving full effect to the

order.

A.D. 1924.

Trial with jury in High Court.

36 & 37 Vict. c. 66.

20 & 21 Vict. c. 85.

52 & 53 Vict, c. 49.

2.-(1) The following provisions shall have effect in relation to the trial of causes in the High Court:

(a) In the case of causes assigned to the Chancery
Division the trial shall, unless it is otherwise
ordered by the court or a judge, be without 5
a jury:

(b) The court or a judge may order the trial without
a jury of any cause which immediately before
the commencement of the Supreme Court of
Judicature Act, 1873, could without the consent 10
of the parties have been tried without a jury:
(c) Any cause, not being a cause to which paragraph
(a) or paragraph (b) of this subsection applies, in
which there is a claim in respect of libel, slander,
malicious prosecution, false imprisonment, seduc. 15
tion or breach of promise of marriage shall, if
any party thereto makes an application in that
behalf, be tried with a jury:

(d) Any cause, not being a cause to which one of the
preceding paragraphs of this subsection applies, 20
shall, if any party thereto makes an application
in that behalf, be tried with a jury, unless in
the opinion of the court or a judge the cause
is more fit to be tried without a jury:

Provided that, if on the trial of any cause, 25
which has under paragraph (d) of this subsection
been ordered to be tried with a jury, it appears
to the judge that the cause is more fit to be
tried without a jury, he may notwithstanding
the previous order direct that the cause shall be 30
tried without a jury:

(e) Nothing in this section shall affect

(i) the right of any party under section twenty-eight of the Matrimonial Causes Act, 1857, to insist on having contested matters 35 of fact tried with a jury; or

(ii) the power of the court or a judge in a case to which section fourteen of the Arbitration Act, 1889, applies to make an order for the trial of a cause in manner 40 provided by that section.

(2) In this section the expression

66

cause "includes A.D. 1924.

any action, suit, matter or other proceeding requiring to be tried, other than a criminal cause or matter.

3. A person shall not be qualified for appointment Qualification 5 to any of the offices in the Supreme Court specified in the for certain first column of the First Schedule to this Act unless he offices in Supreme is a person of the description specified in the second Court. column of that Schedule in respect of that office:

Provided that notwithstanding anything in this 10 section any person who holds any office in the Supreme Court at the commencement of this Act shall be qualified for appointment to any office to which he might have been appointed if this Act had not passed.

Court.

4. (1) Any officer of the Supreme Court who by Tenure of 15 virtue of the provisions of section one of the Supreme officers of Court Officers (Retirement, Pensions, &c.) Act, 1921, is Supreme required to vacate office at the end of the completed year 11 & 12 of service in the course of which he attains the age of Geo. 5. c. 58. seventy-two years shall, subject to the provisions of the 20 said section and subject as hereinafter provided, hold office during good behaviour:

Provided that the power to remove any such person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor, and the Lord 25 Chancellor shall have power to remove any such person from his office on account of inability to perform the duties of the office.

(2) Every officer of the Supreme Court, not being an officer to whom subsection (1) of this section applies, 30 shall hold office during His Majesty's pleasure.

(3) In the application of this section to registrars of the Probate, Divorce and Admiralty Division of the High Court (in this Act referred to as "the Probate Division "), the President of the Probate Division shall 35 be substituted for the Lord Chancellor.

35 & 36 Vict.

5.-(1) There shall be an Accountant-General of the Office of Supreme Court, and all powers and duties which under Accountantthe Court of Chancery (Funds) Act, 1872, or any Act General. amending that Act, may be exercised or are to be performed 40 by the Paymaster-General shall become powers and duties of the Accountant-General, and references to the Paymaster-General in those Acts or in any rules made under

c. 44.

A.D. 1924. or for the purposes of those Acts before the commencement of this Act shall be construed as references to the Accountant-General.

Distribution of business in High Court.

Power to
include
ex-judges in
commissions
of assize.

(2) All money, securities and other property vested in the Paymaster-General for or on behalf of the Supreme 5 Court at the commencement of this Act shall, by virtue of this Act and without any transfer or assignment, become vested in the Accountant-General.

(3) The Clerk of the Crown shall be the AccountantGeneral.

10 (4) The office of the Accountant-General shall be an office of the Supreme Court.

6.-(1) The Lord Chancellor may, if at any time it appears to him desirable so to do with a view to the more convenient administration of justice, by order direct that 15 any jurisdiction vested in the High Court in respect of any matter which by any enactment or any rule or order made under any enactment is assigned to any Division of the High Court shall, notwithstanding that enactment, rule or order, be assigned to such other Division as may 20 be specified in the order and shall be exercised either by any special judge or judges or by all the judges of that other Division:

Provided that an order shall not be made under this subsection except with the concurrence both of the 25 President of the Division to which the jurisdiction is at the time assigned and of the President of the Division to which the jurisdiction is to be transferred.

(2) Where under any enactment a right of appeal to the High Court or to any Division of the High Court is 30 given from decisions given by county courts in pursuance of the jurisdiction vested in county courts in respect of any matter, the Lord Chancellor may, notwithstanding anything in any enactment, by order direct to which Division of the High Court the appeal from 35 any such decision shall lie.

7. It shall be lawful for His Majesty to include in any commission of assize any person who has held the office of a judge of the Court of Appeal or of a judge of the High Court, but nothing in this section shall be 10 deemed to require any person who has held office as aforesaid to act as commissioner of assize unless he consents so to do.