Page images
PDF

Thames Embankment (Land) Acr, 1873, 86 & 37 Yict. o. 40.

„ „ (Sooth) Act, 1873, 36 Vict c vii.

Chariog Cross and Victoria Embankment Approach Act, 1873, 36 & 37 Vict c. e.

Metropolitan Board of Works Various Powers Act, 1876 (Chelsea Embankment), 39 & 40 Viot. c. lxxix.

CAP. XLIX.

An Act to farther amend the law relating to the Occupation and Ownership of Land in Ireland, and for other purposes relating thereto. [22nd August 1881.

CAP. L.

An Act to apply the sum of Twenty-one million six hundred and ninety-five thousand seven hundred and twelve pounds out of the Consolidated Fund to the service of the year ending on the thirty-first day of March one thousand eight hundred and eighty-two.

[22ud August 1881.

CAP. LI.

An Act to explain the Wild Birds Protection Act, 1880.

[22nd August 1881.

Whereas under section three of the Wild Birds Protection Act, 1880, a person who within the period therein mentioned exposes or offers for sale, or has in his control or possession any wild bird reoently killed or taken is liable to certain penalties therein mentioned, subject to the following exception, "unless such person shall prove that the said wild bird was either killed or taken, or bought or receive d daring the period in whioh saoh wild bird could be legally killed or taken, or from some person residing oat of the United Kingdom":

And whereas doubts have arisen with respect to the construction of the above-red ted enactment, and it is expedient to remove such doubts:

Be it therefore enacted, &c.:

1. Amendment of s. 3 of 43 4; 44 Viet. c. 35.] The abovereoited exception in seotion three of the Wild Birds Protection Act, 1880, shall be repealed, and in lieu thereof the following enactment shall have effect:

A person shall not be liable to be convicted under section three of the Wild Birds Protection Act, 1880, of exposing or offering for sale, or having the control or possession of, any wild bird recently killed, if he satisfies the court before whom he is charged either—

(1.) That the killing of such wild bird, if in a place to which the said Act extends, was lawful at the time when and by the psrton by whom it was killed ; or (2.) That the wild bird was killed in some place to whioh the said Act does not extend, and the fact that the wild bird was imported from some place to which the said Act does not extend shall, until the contrary is proved, be evidence that the bird was killed in some place to which the said Act does not extend.

2. Amendment of Schedule to 43 & 44 Viet. e. 85 ] The Schedule to the Wild Birds Protection Act, 1880, shall be read and construed as if the word "Lark" had been inserted therein.

3. Short title and conttruction of Act.] This Act may be cited as the Wild Birds Protection Aot, 1881.

This Act Bhall be construed as one with the Wild Birds Protection Act, 1880, and that Act and this Act may be cited together as the Wild Birds Protection Acts, 1880 and 1881.

Cap. in.

An Aot for providing Funds to defray certain of the Expenses of the Royal University of Ireland.

[22nd August 1881.

CAP. LIH.

An Act for making further provision with respect to the Redemption of the Annuity created under the East Indian Railway Company Purchase Act, 1879; and for other purposes. [22nd August 1881.

CAP. LIV.

An Act to make further provision with respect to the Indian Loan of 1879. [22nd August 1881.

CAP. LV.

An Act to make further provisiou respecting the National Debt and the Investment of Moueys in the hands of the National Debt Commissioners on account of Savings Banks and otherwise. [22nd August 1881.

CAP. LVI.

An Act to apply a sum out of the Consolidated Fund to the service of the year ending on the thirty-first day of March one thousand eighteen hundred and eightytwo, and to appropriate the Supplies granted in this Session of Parliament. [27th August 1881.

CAP. LVII.

An Act to amend the law respecting the Regulation of Her Majesty's Forces, and to amend the Army Discipline and Regulation Act, 1879.

[27th August 1881.

CAP. LVin.

An Act to consolidate the Army Discipline and Regulation Act, 1879, and the subsequent Acts amending the same. [27th August 1881.

CAP. LIX.

An Act for promoting the revision of the Statute Law by repealing various enactments chiefly relating to Civil Procedure or matters connected therewith, and for amending in some respects the law relating to Civil Procedure. [27th August 1881.

CAP. LX.

An Act to amend the Law of Newspaper Libel, and to provide for the Registration of Newspaper Proprietors.

[27th August 1881.

Whereas it is expedient to amend the law affecting civil actions and criminal prosecutions for newspaper libel:

And whereas it is also expedient to provide for the registration of newspaper proprietors:

Be it enacted, 4c.:

1. Interpretation.] In the construction of this Act, unless there is anything in the subject or context repugnant thereto, the several words and phrases herein-after mentioned shall have and include the meanings following; (that is to say,)

The word "registrar" shall mean in England the registrar for the time being of joint stock companies, or such person as the Board of Trade may for the time being authorise in that behalf, and in Ireland the assistant registrar for the time being of joint stock companies for Ireland, or such person as the Board of Trade may for the time being authorise in that behalf.

The phrase "registry office" shall mean the principal office for the time being of the registrar in England or Ireland, as the oaf e may be, or such other office as the Board of Trade mav from time to time appoint.

The word "newspaper" shall mean any paper containing public news, intelligence, or occurrences, or any remarks or observations therein printed for sale, and published in England or Ireland periodically, or in parts or numbers at iutervals not exceediog twenty-six days between the publication of any two such papers, parts, or numbers.

Also any paper printed in order to be dispersed, and made publio weekly or oftener, or at intervals not exceeding twenty-six days, containing only or principally advertisements.

The word "occupation" when applied to any person shall mean bis trade or following, and if none, then his rank or usual title, as esquire, gentleman.

The phrase " place of residence" shall include the street, square, or place where the person to whom it refers shall reside, and the Dumber (if any) or other designation of the bouse in which ha shall so reside.

The word "proprietor" shall mean and include as well the sole proprietor of any newspaper, as also in the case of a divided proprietorship the persons who, as partners or otherwise, represent and are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and no other person.

2. Hewspaper reports of certain meetingt privileged.'] Any report published in any newspaper of the proceedings of a public meeting shall be privileged, if such meeting was lawfully convened for a lawful purpose and open to the public, and if such report was fair and accurate, and published without malice, and if the publication of the matter complained of was for the public benefit; provided always, that the protection intended to be afforded by this section shall not be available as a defence in any proceeding, if the plaintiff or prosecutor oan show that the defendant has refused to insert in the newspaper in which the report containing the matter complained of appeared a reasonable letter or statement of explanation or contradiction by or on behalf of such plaintiff or prosecutor.

3. No prosecution for newspaper libel without fat of Attorney General.] No criminal prosecution shall be commenced against any proprietor, publisher, editor, or any person responsible for the publication of a newspaper lor any libel published therein, without the written fiat or allowance of the Director of Public Prosecutions in England or Her Majesty's Attorney-General in Ireland being first had and obtained.

4. Inquiry by court of summary jurisdictional to libtlbeing far public benefit or being true.] A court ol summary jurisdiction, upon the hearing of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, may receive evidence *a to the publication being for the public benefit, and as to the matters charged in the libel being true, and as to the report being fair and accurate, and published without malice, and as to any matter which nnder this or any other Act, or otherwise, might be given in evidence by way of defence by the person charged on his trial or indictment, <tnd the court, if of opinion after heating such evidenoe that there is a strong or probable presumption that the jury on the trial would acquit the person charged, may dismiss the case.

5. Prot>i'»ion as to summary conviction for libel—42 & 43 Vict. c. 49—11 & 12 Vict. c. 43.] If a court of summary jurisdiction upon the hearing of a charge against a proprietor, publisher, editor, or any person responsible for the publication of a newspaper for a libel published therein is of opinion that though the person oharged is shown to have been guilty the libel was of a trivial character, and that the offence may be adequately punished by virtue of the powers of this section, the court shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect:—" Do you desire to be tried by a jury or do you consent to the case being dealt with summarily? and, if suoh person assents to the case being dealt with summarily, the court may summarily convict him and adjudge him to pay a fine not exceeding fifty pounds.

Section twenty-seven of the Summary Jurisdiction Act, 1870, shall, so far as is consistent with the tenor thereof, apply to every such proceeding as if it were herein enacted and extended to Ireland, and as if the Summary Jurisdiction Acts were therein referred to instead of the ~~ Jurisdiction Act, 1848.

6. 22 4 28 Viet, c 17 made applicable to this Act.] Every libel or alleged libel, and every offence under this Act, shall be deemed to be an offence within and subject to the provisions of the Act of the session of the twentysecond and twenty-third years of the reign of Her present Majesty, chapter seventeen, intituled " An Act to prevent vexatious indictments for certain misdemeanors."

7. Board of Trade may authorise registration of the names of only a portion of the proprietors of a newspaper.] Where, in the opinion of the Board of Trade, inconvenience would arise or be caused in any case from the registry of the

i of all the proprietors of the newspaper (either owing

in the name or "representative

authorise the registration of such I names of some one or more proprietors."

8. Register of newspaper proprietors to bs established.] A register of the proprietors of newspapers as defined by this Aot Bhall be established under the superintendence of the registrar.

9. Annual returns to be made.] It shall be the duty of the printers and publishers for the time being of every newspaper to make or cause to be made to the Registry Office on or before the thirty-first of July one thousand eight hundred and eighty-one, and thereafter annually in the month of July in every year, a return of the fallowing particulars according to the Schedule I that is to say,

(a.) The title of a newspaper:

(4.) The names of all the proprietors of such i together with their respective occupations, places of business (if any), and places of residence.

10. Penalty for omission to mate annual returns.] If l the further period of one month after the time hereinbefore appointed for the making of any return as 11 any newspaper such return be not made, then each printer and publisher of snch newspaper shall, on convieton thereof, be liable to a penalty not exceeding twenty-tire pounds, and also to be directed by a summary order to make a return within a specified time.

11. Power to party to make return.] Any party to a t or transmission of or dealing with any share of or inti in any newspaper whereby any person ceases to be a proprietor or any new proprietor is introduced may at any time make or cause to be made to the Registry Office a return according to the schedule B. hereunto annexed and containing the particulars therein set forth.

12. Penally for wilful misrepresentation in or omierion from return.] If any person shall knowingly and wilfully make or cause to be made any return by this Act required or permitted to be made in which shall be inserted or tet forth the name of any person as a proprietor of a newspaper who shall not be a proprietor thereof, or in which there shall be any misrepresentation, or from which there shall bu any omission in respect of any of the particaiars by this Act required to be contained therein whereby such return Bhall be misleading, or if any proprietor of a newspaper shall knowingly and wilfully permit any such return to be made which shall be misleading as to any of the particulars with reference to his own name, oocupati n. place of business (if any), or place of in every such case every suoh thereof shall be liable to a hundred I

minority, coverture, absence from the United Kingdom, nute subdivision of shares, or other special circumuwes), It shall be lawful for the Board of Trade to

[blocks in formation]

14. Feet payable for registrar's services.] There shall be paid fn respect of the receipt and entry of returns made inconformity with the provisions of this Act, and for the inspection of the register of newspaper proprietors, and for certified copies of any entry therein, and in respect of any other services to be performed by the registrar such fees (if any) as the Board of Trade with the approval of the Treasury may direct and as they shall deem requisite to defray as well the additional expenses of the Registry Office caused by the provisions of this Act, as also the further remunerations and salaries (>f any) of the registrar, and of any other persons employed under him in the execution of this Act, and such fets shall be dealt with as the Treasury may direct.

15. Copies of entries, in and extracts from register to be evidence,] Every copy of au entry in or exUaet (ri

| register of newspaper proprietors, purporting to be t

hx tbe registrar or his deputy for the time bunsr.or under the official seal of the registrar, shall be received as conclusive evidence of the contents of the said register of newspaper proprietors, so far as the same appear in such copy or extract without proof of the signature thereto or of the seal of office affixed thereto, nnd every such certified copy or extract shall in all proceeding", civil or criminal, be accepted as sufficient prima facie evidence of all the matters and things thereby appearing, unless and until the contrary thereof be shown.

16. Recovery of penalties and enforcement of orderi.~] All penalties under this Act may be recovered before a court of summary jurisdiction in manner provided by the Summary ^Jurisdiction Acts.

Summary orders under this Act may be made by a court of summary jurisdiction, and enforced in manner provided by section thirty-four of the Summary Jurisdiction Act, 1879 ; and, for the purposes of this Act, that section shall be deemed to apply to Ireland in the same manner as if ic were re-enacted in this Act.

17. Definition!—14 k 15 Viet. e. 93.] The expression " a court of summary jurisdiction" has in England the meanings assigned to it by tbe Summary Jurisdiction Act, 1879 ; and in Ireland means any justice or justices of the peace, stipendiary or other magistrate or magistrates, having jurisdiction under tlie Summary Jurisdiction Acts.

The expression "Summary Jurisdiction Acts" has as regards England the meanings assigned to it by the Summary Jurisdiction Act, 1879; and as regards Ireland, means within the police district of Dublin metropolis the Acts regulating the powers and duties of justioes of the peace for sneh district, or of tbe police of that district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending the same.

18. Provisions as to registration of newspaper proprietors not to apply to newspaper belonging to a, joint stock company— 25 & 26 Vict. c. 89, i/e.] The provisions as to the registration of newspaper proprietors contained in this Act shall not apply to the case of any newspaper which belongs to a joint -stock company duly incorporated under and subject to the provisions of the Companies Act, 1862 to 1879.

19. Act not to extend to Scotland.} This Act shall not extend to Scotland.

20. S7i:rt tille.} This Act may for all purposes be • cited as the Newspaper Libel and Registration Act, 1881.

The SCHEDULES to which this Aot refers.

SCHEDULE A.

Return made pursuant to the Newspaper Libel and Registration Aot, 1881.

[blocks in formation]
[blocks in formation]

CAP. LXI.

An Act to prohibit the Sale of Intoxicating Liquors on Sunday in Wales. [27th August 1811.

Whereas the provisions in force against the sale of fermented and distilled liquors during certain hours of Sunday have been found to be attended with great public benefits, and it is expedient and the people of Wales are desirous that in the principality of Wales those provisions be extended to the other hours of Sunday: Ba it therefore enacted, &c.:

1. Premises where intoxicating liquors sold to he dosed on Sundays in Wales.} In the principality of Wales all premises in which intoxicating iiquors are sold or exposed for sale by retail shall be closed during the whole of Sunday.

2. Application of Licensing Acts, 35 & 36 Vict. e. 94; 37 & 38 Viet. c. 49.] The Licensing Aots, 1872-»874, shall apply in the case of any premises closed under this Act as if they had been closed under those Acts.

3. Commencement of Aft.} This Act shall commence nnd come into operation with reBpeot to each division or place in Wales on the flay next appointed for the holding of the general annual licensing meeting for that division or place.

4. Sale of intoodcaling liquors at railway station?.} Nothing in this Act contained shall preclude the sale at any time at a railway station of intoxicating liquors to persons arriving at or departing from such station by railway.

5. Short title.} This Act may be cited aa the Sunday Closing (Wales) Act, 1881.

CAP. LXII.

An Act to amend the Law relating to Veterinary Surgeons. [27th August 1881.

CAP. LXIII.

An Act for providing a Superannuation Allowance for the Auditor of the Accounts of the Secretary of Stuto for India in Council and his Assistants.

[27th August 1831.

CAP. LXIV.

An Act to remove certain doubts as to the application of section twenty-four of the Prison Act, 1877, and enacl

Iments amending the same, to the Central Criminal Court district. [27th August 1881.

CAP. LXV.

J An Act to facilitate leases of land for the erection thereon of Schools aud Buildings for the promotion of Public Education in Ireland. [27th August 1881.

CAP. LXVT.

An Act to amend the Law regulating the Close Season for fishing for Pollen in Ireland. [27th August 1881. CAP. LXVTI.

An Act to regulate the hawking of Petroleum and other substances of a like nature. [27th August 1881.

Be it emoted, too.:

1. Power to hawk petroleum—& 35 Vict. c. 105.] Any person who is licensed in pursuance of the Petroleum Act, 1871, to keep petrolaum to which that Aot applies may, subject to the enactments for the time being in force with respect to hawkers and pedlan, hawk such petroleum by himself or his servant!.

2. Regulation* for hawking petroleum.] With respect to the hawking of petroleum to which the Petroleum Act, 1871, applies, the following regulations shall be observed:

(1.) The amount of petroleum conveyed at one time in any one carriage shall not exceed twenty gallons:

(2.) The petroleum shall be conveyed in a olosed vessel so constructed as to be free from leakage:

(3.) The carriage in whioh the vessels containing the petroleum are conveyed shall be so ventilated as to prevent any evaporation from the petroleum mixing with the air in or about the carriage in such proportion as to produce or be liable to produce an explosive mixture:

(4.) Any fire or light or any article of an explosive or highly {inflammable nature shall not be brought into or dangerously near to the carriage in which the vessels containing the petroleum are conveyed:

(5.) The carriage in which the vessels containing the petroleum are conveyed shall be so constructed or fitted that the petroleum cannot escape therefrom in the form of liquid, whether ignited or otherwise:

(6.) Proper care shall be taken to prevent any petroleum escaping into any part of a house or dwelling, or of the curtilage thereof, or into a drain or sewer:

(7.) The petroleum shall be stored in some premises licensed for keeping of petroleum and in accordance with the license for suoh premises both every night and also when the petroleum is not in the course of being hawked:

(8.) AU due precautions shall be taken for the prevention of accidents by fire or explosion, and for preventing unauthorised persons having access to the vessel* containing the petroleum, and every person concerned in hawking the petroleum shall abstain from any act whatever which tends to cause fire or explosion, and is not reasonably necessary for the purpose of such hawking:

(9.) No article or substance of an explosive or inflammable character other than petroleum, nor any article liable to cause or communicate fire or explosion, shall be in the carriage while such carriage is being used for the purpose of hawking petroleum: In the event of any contravention of this section with reference to any petroleum, the petroleum, together with the vessels containing and the carriage convey iog the same, shall be liable to be forfeited, and in addition thereto the licensee by whom or by whose servants the petroleum was being hawked shall be liable on summary conviction to a penalty not exceeding twenty pounds. Provided that—

(1.) Where some servant of the licensee or other person has in fact committed the offence, such servant or other person shall be liable to the same penalty as if he were the licensee:

(2.) Where the licensee is charged with a contravention of this section, he shall be entitled upon information duly laid by him to have any other person whom he charge* as the actual offender brought before the court at the time appointed for hearing the charge, and if the licensee proves to the satisfaction of the court that he had used due diligence to enforce the execution of this section, and that the said other person had committed the offence in question without his knowledge, consent, or connivanoe, the said other person shall oe summarily convicted of suoh offence, and the licensee shall be exempt from any penalty. Any petroleum other than that to which the Petroleum Act, 1871, applies while in any carriage used for th hawking of petroleum to which the Petroleum Act, 187 9 upplies, shall for the purposes of this section be deem 6 to be petroleum to which the Petroleum Act, 1871, applies

3. Modification of conditions of licence under !4 & 3i Vie? c. 105.] Any conditions annexed to a licence granted in pursuance of the Petroleum Act, 1871, either before or after the passing of this Aot, shall, so far as they are inconsistent with this Act, be void, but save as aforesaid nothing in this Act shall affeet the application to a licensee of the provisions of the Petroleum Aot, 1871, or of any licence granted thereunder.

4. Power of conttaile as to prevention of offences.] Where ■ constable or auy officer authorised by the local authority hu reasonable cause to believe that a contravention of this Act s being committed in relation to any petroleum, he may, seize and detain such petroleum and the vessels and carriage containing the same, until some court of summary jurisdiction has determined whether there was or not a contravention of ihis Act, and section thirteen of the Petroleum Act, IsTl. shall apply to such constable and officer as if he were the person named in the warrant mentioned in that section, and as if the seizure were a seizure in porsuanoe of that section.

6. Saving of rights of municipal boroughe.] Nothing in this Act contained shall extend Io authorise the hawking of petroleim within the limits of any municipal borough, in which, by any lawful authority, such hawking shall hive been or may hereafter be forbidden.

6. Definitions.] For the purposes of this Act—

The expression " carriage " includes any carriape, warjroTv cart, truck, vehicle, or other means of conveyance by land, in whatever manner the same m»y be drawn or propelled ; and

A person shall be deemed for the purposes of this Act to hawk petroleum if by himself or his servants he goes about carrying petroleum to sell, whether going from town to town or to other men's houses, or selling it in the streets of the place of his residence or otherwise, and whether with or without any horse or other beast bearing or drawing burden.

7. Short title and construction of Aot—34 & 35 Vict. c. 105—42 & 43 Vict. c. 47.] This Act may be cited as the Petroleum (Hawkers) Act, 1881.

This Act shall be construed as one with the Petroleum, Act', 1871 and 1879, and together with those Acts may be cited as the Petroleum Acts, 1371 to 1831.

CAP. LXVIII.

An Act to amend the Supreme Court of Judicature Acts; and for other purposes. [27th August 1881.

Whereas it is expedient to amend the constitution of Her Majesty's Court of Appeal, and to make further provision conoerning the Supreme Court of Judicature and the officers thereof, and such other matters as are herein-after mentioned:

Be it enacted, &c. i

1. Short title.] This Aot may be cited as the Supremo Court of Judicature Act, 1881.

2. Master of the Rolls to be Judge of Appeal only—36 & 37 Vict. c. 66.] From and after the passing of this Act the prwnt and every future Master of the Rolls shall cease to be a jod<e of Her Majesty's High Court of Justice, but shall continue by virtue of his office to be a judge of Her Majesty's Court of Appeal, and shall retain the same rank, title, salary, right of pension, patronage, and powers of appointment or dismissal, and all other powers, privileges, and disqualifications now and heretofore belonging (o the said office of Master of the Rolls and all other duties of the said) offloe exoept that of a judge of Her Majesty's High Court of Justice : Provided that the present Master of the Roll* shall not by virtue of this Act be subject to any disqualifies! ion to which he is not by law now subject, nor shall be required to set under any commission of assize, nisi rcrios, oyer and terminer, or gaol delivery; and the existing personal officers of the Master of the Rolls shall continue to> be attached to him and bs under bis authority, and to hold their respective offices upon the same tenure and in the same manner in all respects as if this Act had not pasted : Provided also, that any Master of the Rolls to be hereafter appointed shall be under an obligation to go eirouits and to aot as a commissioner under commissions of assize, or other commissions authorised to be issued in pursuance of the Supreme Court of Judicature Act, 1873, in the came manner in all respects as he would have been under the last-mentioned Act, or any Acts or Act amending the same, H he had continued to he a judge of the Chanoery Division oi the High Court of Justice.

3. Existing vacancy in Court of Appeal not to be fille^1 tip.] The vacancy now existing among the ordinary judges of the said Court of Appeal shall not be filled up, and the number of ordinary judges of that Court shall henceforth be five.

4. President of Probate Division to be an ex-officio judge of ■Court of Appeal.] The President for the time being of the Probate, Divorce, and Admiralty Division of the High Court of Justice shall henceforth be an ex-officio judge of Her Majesty's Court of Appeal with the same powers and in the same manner in all respects as the other ex-officio judges thereof; ho shall not be entitled in the said Court to any precedence over any existing judge to which he would not have been entitled as a judge of the Supreme Court of Judicature if this Act had not passed.

5. New judge of Sigh, Court instead of Master of the Bolls—S6 & 37 Viet. c. 66-38 & 39 Vict. e. 77.] It shall be lawful for Her Majesty to supply the vacancy in the High Court of Justice, to be occasioned by the removal therefrom of the Master of the Rolls, by the appointment, immediately after the passing of this Act, and from time to time afterwards, of a judge, who shall be in the same position as if he had been appointed a puisne judge of the said High Court in pursuance of the Judicature Acts, 2873 and 1875 ; and all the provisions of the Supreme Court of Judicature Acts, 1873 and 1875, for the time being in force in relation to the qualification and appointment of puisne judges of the said High Court, and to their duties and tenure of office, and to their precedence, and to their salaries and pensions, and to the officers to be attached to the persons of such judges, and all other provisions relating to such puisne judges, or any of them, with the exception of such provisions as apply to existing judges only, shall apply to the judge appointed in pursuance of this section, in the same manner as they apply to the other puisne judges of the said High Court respectively. The judge so appointed shall be attached to the Chancery Division of the said High Court, subject to such power of transfer as is in the Supreme Court of Judicature Act, 1873, mentioned.

6. Judge under 40 & 41 Viet. c. 9.] The power given to Her Majesty by the Supreme Court of Judicature Act. 1877, to appoint a judge of the High Court of Justice in addition to the number of judges authorised to be appointed by the Supreme Court of Judioature Acts, 1873 and 1875, may be exercised by Her Majesty from time to time, so as at all times to make due provision for the business of the Chancery Division of the High Court of Justice: Provided that no such appointment shall be made unless or until the number of judges attached for the time being to the Chancery Division of the High Court, other than the Lord Chancellor, is, by death, resignation, or otherwise, reduced below ■five.

7. Rolls Court chambers and clerks, die.] The Lord Chancellor shall have power by order under his hand to direct that the court and chambers, heretofore used by the Master of the Rolls as a judge of the Chanoery Division of the High Court of Justice, shall (so long as may be necessary or convenient) be used by suoh judge of the said Chancery Division of the said High Court as shall be in any mob order in that behalf named; and the chief and other clerks, and other officers, heretofore attache! to the said court and chambers respectively, shall (subject to any rules or orders of court) be and continue attached to the judge to he named in any such order, and, after such court and chambers shall have ceased to be so used, to the judge to whom the business previously transacted in such court and chambers respectively shall be for the time being assigned.

8. Title of justices— 40 & 41 Viet. c. 9.] And whereas it is expedient to amend section four of the Supreme Court of Judicature Aot, 1877: Be it enacted that the exception of Presidents of Divisions from the enactment that the judges of the High Court of Justice shall be styled justices of the High Court shall not apply to any judge to be hereafter appoiuted who may be or become President of the Probate, Divorce, and Admiralty Division of the High Court of Justice.

9. Appeals under Divorce Act—39 &40 Vict.c. 59.J All appeals which, under section fifty-five of the Act of the twentieth and twenty-first years of Her present Majesty, chapter eightyfive, or under any other Act, might be brought to the fnll ooutt established by the said first-mentioned Act, shall henceforth be brought to Her Majesty's Court of Appeal and not to the said full court.

The decision of the Court of Appeal on any question arising under the Acts relating to divorce and matrimonial causes, or to the declaration of legitimacy, shall be final, except where the decision either is upon the grant or refusal of a deoree on a petition for dissolution or nullity of marriage, or for a declaration of legitimacy, or is upon a question of law on which the Court of Appeal give leave to appeal; and, save as aforesaid, no appeal shall lie to the House of Lords uoder the said Aots.

Subject to any order made by the House of Lords, in accordance with the Appellate Jurisdiction Aot, 1876, every appeal to the House of Lords against any such decision shall be brought within one month after the decision appealed against is pronounced by the Court of Appeal if the House of Lords is then sitting, or, if not within fourteen days after the House of Lords next sits.

This section, so far ss is consistent with the tenor thereof, shall be construed as one with the said Acts.

10. As to appeal against decrees nisi for dissolution or nullity of marriage.] No appeal from an order absolute for dissolution or nullity of marriage shall henceforth lie in favour of any party who, having had time and opportunity to appeal from the decree nisi on which such order maybe founded, shall not have appealed therefrom.

11. Qualification of judges to sit on appeals.] A judge who was not present and acting as a member of a divisional court of the High Court of Justice at the time when any decision which may bs appealed from was made, or at the argument of the case decided, shall not, for the purposes of the fourth section of the Supreme Court of Judicature Act, 1875, he deemed to he, or to have been, a member of such divisional court.

12. In cases of urgency, $0., one judge may officiate for another.] In any case of urgency arising during the absence from illness or any other cause or during any vacancy in the office of any judge of the High Court of Justice to whom any cause or matter may have been according to the course of the said court or of any division thereof specially assigned, it shall be lawful for any other judge of the said court, who may consent so to do, to hear and dispose of any application for an injunction or other interlocutory order for or on behalf of the judge so absent, or in the place of the judge whose office may have so become vacant.

13. Selection of judges for trial of election petitions—31 & 32 Vict. c. 125.] The judges to be placed on the rota for the trial of eleotion petitions in England in each year, under the provisions of the Parliamentary Elections Aot, 1868, or any Act amending the same, shall henceforth be seleoted out of the Judges of the Queen's Benoh Division of the High Court of Justice in such manner as may be provided by any Rules of Court to be made for that purpose ; and, subject thereto, shall be selected as follows; (that is to say), the judges of the Queen's Bench Division of the said High Court snail, on or before the fourth day of November In every year, select, by a majority of votes, three of the puisne judges of such Division (none of whom shall be a member of the House of Lords) to be placed on the rota for the trial of election petitions during the ensuing year.

If in any case the judges of the said Division, present at the time of their meeting to make such selection, are equally divided in their choice of any judge to be placed on the rota, the Lord Chief Justice of England, or, in case of his absence, the senior judge then present, shall have a second or casting vote.

The choice ot a judge to fill any occasional vacancy upon the rota, or to assist the judge on the rota as an additional judge, shall be made in like manner.

The judges, who at the time of the passing of this Act shall he upon the rota for the trial of election petitions, shall continue upon Buoh rota until the end of the year for which they have been appointed, in the same manner as if this Act had not passed.

If at the end of the year for which any such judge shall have been appointed, whether before or after the passing

« PreviousContinue »