The Supreme Court of Judicature Acts, and the Appellate Jurisdiction Act, 1876: With Rules of Court and Forms to May, 1880. Annotated So as to Form a Manual of Practice. Adapted Chiefly to the Chancery and Common Law Divisions

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Reeves & Turner, 1880 - 567 pages
 

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Contents

7 Stipulations not of the essence of contracts
16
CLAUSE PAGE
18
PART III
19
Vacations
20
Sittings for trial by jury in London and Middlesex
21
Divisions of the High Court of Justice
23
Rules of Court to provide for distribution of business
24
Option for any Plaintiff subject to Rules to choose in what Division other than the Probate Divorce and Admiralty Division he will sue
27
Powers of one or more Judges not constituting a Divisional Court
28
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
29
Divisional Courts for business of the Chancery Division
30
Cases and points may be reserved for or directed to be argued before Divisional Courts
31
Provision for Crown Cases reserved
32
Provision for absence or vacancy in the office of a Judge
33
PART IV
34
Power to direct trials before Referees
35
Her Majesty may establish District Registries in the country for the Supreme Court
40
Fees to be taken by District Registrars
41
Accounts and inquiries may be referred to District Registrars
42
Acts of Parliament relating to former Courts to be read as applying to Courts under this Act
43
Solicitors and Attorneys
44
Counter Claims in Inferior Courts and transfers therefrom
45
Saving as to circuits c
46
Saving as to Lord Treasurer and office of the Receipt of Exchequer
47
SUPREME COURT OF JUDICATURE COM MENCEMENT ACT 1874
51
CLAUSE PAGE 1 Short title and construction with 36 37 Vict c 66
53
Constitution of Court of Appeal
54
Tenure of office of Judges and oaths of office Judges not to sit in the House of Commons
55
Jurisdiction of Lords Justices in respect of lunatics
56
London Court of Bankruptcy not to be transferred to High Court of Justice
58
Amendment of 36 37 Vict c 66 s 25 as to rules of law upon certain points
59
Sittings of Court of Appeal
61
Amendment of 36 37 Vict c 66 s 87 as to enactments re lating to attorneys
62
Nothing in principal Act to prejudice right to have issues sub
65
Rules of Court may be made by Order in Council before com
68
Amendment of law as to payments to senior puisne Judge
71
APPELLATE JURISDICTION ACT 1876
75
Form of appeal to House of Lords
76
Pension of Lord of Appeal in Ordinary
77
Hearing and determination of appeals during prorogation of Parliament
78
Procedure under Act to supersede all other procedure
79
Amendment of the Supreme Court of Judicature Acts in relation to Her Majestys Court of Appeal
81
Orders in relation to conduct of business in Her Majestys Court of Appeal
83
Power in certain events to fill vacancies occasioned in Bigh Court of Justice by removal of Judges to Court of Appeal
84
Attendance of Judges of High Court of Justice on Court of Appeal
85
mencement of the Act 42
86
Definitions
87
SUPREME COURT OF JUDICATURE ACT 1877
89
ORDER PAGE 1 Form and Commencement of Action
91
Laurie
92
Writ of Summons and Procedure c
97
Indorsement of Claim
98
Indorsement of Address
101
Issue of Writ of Summons
102
2 Option to choose Division in certain cases
103
4 In particular Actions
104
Concurrent Writs
106
Rewewal of Writ
107
Service of Writ of Summons
108
2 On particular Defendants
109
4 In particular Actions
111
Joinder of Causes of Action
136
Actions by and against Lunatics
138
Pleading generally
139
Mackrell
145
Pleading Matters arising pending the Action
149
Statement of Claim
150
Mockett 33 L
151
Defence
152
Discontinuance
155
Reply and subsequent pleadings
156
Amendment of pleadings
157
Demurrer
160
Default of pleading
162
Payment into Court in satisfaction
166
ORDER PAGR XXXI Discovery and inspection 186
168
Admissions
176
Questions of Law
177
Proceedings in District Registries
179
Trial
185
Evidence generally
196
Evidence by affidavit
199
New trial
200
Motion for judgment
203
Entry of judgment
207
XLla Amendments of judgments
208
Writs of fieri facias and elegit
214
Attachment of debts
215
Charging of stock or shares and distringas
220
Writ of sequestration
225
Writ of delivery
226
Transfers and consolidation
228
Interlocutory orders for mandamus injunction c
231
Freeman
232
Motions and other applications
234
AIV Applications at chambers
236
Costs
240
Ruston
241
Herbert 47 L J 38 L T 26 W
242
Notices and Paper c
244
LVIIa Divisional and other Courts
248
Appeals
249
Buck Re 48 L J Bkcy 39 L T 27 W
250
Higgs 40 L T 27 W
256
Effect of noncompliance
258
Officers
259
LXa Central Office
260
Sittings and vacations
265
Exceptions from the Rules
267
Interpretation of Terms
268
Scheme under Railway Companies Act 1867
270
FIRST SCHEDULE Rules of Court with Forms 91 to
443
Rules of the Supreme Court Costs
445
Court Fees
468
Orders for taking Fees by Stamps
478
Order as to Fees of Official Referees
491
Orders as to Appeals to House of Lords
493
County Court Act 1867
504
Murdock 45 L J Ch 24 W
507
Table of Analogous Procedure before the Judicature Acts
514
149
528
206
538

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Page 130 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 332 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 15 - 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 398 - Lord * or at any time afterwards, or over which the said CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit...
Page 16 - 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 215 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 397 - Court, and according to the. statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 225 - An Act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors ; and for amending the laws for the relief of insolvent debtors in England.
Page 395 - Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To the Sheriff of , greeting. We command you that of the goods and chattels of CD, in your bailiwick, you cause to be made the sum of...
Page 140 - Subject to the following Rules of this Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.

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