The Supreme Court of Judicature Acts and the Appellate Jurisdiction Act, 1876: With Rules of Court and Forms Issued in July, 1883. Annotated So as to Form a Manual of Practice, Containing a Comprehensive Selection of Cases from the Modern Reports, and All the Most Recent Decisions; Together with References to the Earlier Authorities where Such Seemed Advisable

Front Cover
Reeves & Turner, 1883 - 728 pages

From inside the book

Contents

Rules as to exercise of jurisdiction
10
Rules of law upon certain points
15
2 Statutes of Limitation inapplicable to express trusts
16
6 Assignment of debts and choses in action
17
7 Stipulations not of the essence of contracts
18
Hankin r Turner 27 W R
20
9 Damages by collisions at sea
22
PART III
23
Sittings in vacation
24
Sittings for trial by jury in London and Middlesex
25
Assignment of certain business to particular Divisions of High Court subject to Rules
26
Option for any Plaintiff subject to Rules to choose in what Division other than the Probate Divorce and Admiralty Division he will sue
30
Sittings in London and Middlesex and on Circuit
31
Powers of one or more Judges not constituting a Divisional Court
32
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
33
Divisional Courts for business of the Chancery Division
34
Cases and points may be reserved for or directed to be argued before Divisional Courts
36
Motions for new trials to be heard by Divisional Courts
37
As to discharging orders made in Chambers
38
Divisional Courts of Court of Appeal
39
Power to direct trials before Referees
40
Power of Referees and effect of their findings
41
Her Majesty may establish District Registries in the country for
47
Powers of District Registrars 48
48
Accounts and inquiries may be referred to District Registrars 67 30 31 Vict cap 142 ss 5 7 8 and 10 to extend to actions
49
in High Court 68 Rules of Court may be made by Order in Council before com
52
Acts of Parliament relating to former Courts to be read as applying to Courts under this Act
53
PART V
54
PART VI
55
Counterclaims in Inferior Courts and transfers therefrom
56
PART VII
57
Saving as to Chancellor of Lancaster
58
SUPREME COURT OF JUDICATURE COMMENCEMENT ACT 1874
61
SUPREME COURT OF JUDICATURE ACT 1875
63
Constitution of Court of Appeal
64
Tenure of office of Judges and oaths of office Judges not to sit in the House of Commons
65
Jurisdiction of Lords Justices in respect of lunatics
66
London Court of Bankruptcy not to be transferred to High Court of Justice
67
Provision as to option for any plaintiff subject to Rules to choose in what Division he will sue in substitution for 36 37 Vict c 66 s 35
70
Sittings of Court of Appeal
72
Amendment of 36 37 Vict c 66 s 87 as to enactments relating to attorneys
73
Orders and Rules to be laid before Parliament and may
79
APPELLATE JURISDICTION ACT 1876
87
Form of appeal to House of Lords
88
Attendance of certain number of Lords of Appeal required at hearing and determination of appeals
95
Hearing and determination of appeals during dissolution of Parliament
96
Certain cases excluded from appeal
97
Orders in relation to conduct of business in Her Majestys Court of Appeal
98
Power in certain events to fill vacancies occasioned in High Court of Justice by removal of Judges to Court of Appeal
99
Attendance of Judges of High Court of Justice on Court of Appeal
100
Appointment of viceadmiral judge and officers of Vice Admiralty Court
101
43
103
SUPREME COURT OF JUDICATURE ACT 1877
105
Existing vacancy in Court of Appeal not to be filled up
106
Judge under 40 41 Vict c 9
107
As to appeal against decrees nisi for dissolution or nullity of marriage
108
Jurisdiction of High Court in registration and election cases
109
Power to make Rules under 39 40 Vict c 59
110
Appointments to keep order c in Royal Courts of Justice
111
Commissioners for acknowledgments by married women
112
Hicks 47 L J 27 26 W R
113
RULES OF THE SUPREME COURT ORDER PAGE I Form and Commencement of Action
115
Writ of Summons
116
Western Brazilian Tel Co v Bibby 42 L T 821
118
Indorsement of Claim
119
Indorsement of Address
121
1 Place of Issue Rules 1 to 4
123
Renewal of Writ
124
Service of Writ
131
Yorke 31 W R 62
138
Aktiebolaget
140
Default of Appearance
145
Clements Re 46 L J Ch 375
150
Application for Account
152
Strains 29 W R 744 45 L T 191 50 L J P D 39
162
Monk 27 W R
164
Barber 45 L T
229
Default of Pleading
236
Releases in Admiralty
243
Vise 29 W R 7 43 L T 645
254
Defries
255
Walker e Oldring
256
Hervey
257
Admissions
264
District Registries
275
4 Entry in District Registries
288
Proctor 45 L J Ch
302
Lowther 42 L T 47
321
Writs of fi fa c
329
Dalton
334
Attachment of Debts
336
Clason 46 L J 191
339
Holt Re 29 W R
341
Charging Stock
342
Writ of Possession
348
Fitzgibbon 50 L J Ch 17 43 L T 60
352
3 Liquidators
360
Mandamus
369
Chambers in Chancery Division
380
Pryke 49 L J 8 28 W R 259
391
Interpleader
398
Bower
400
Edwards 30 W R 446
403
Holroyde and Smith Re 29 W R 599 43 L T 722
407
Fleming 30 W R 555
413
Chancery Registrars
426
Time
432
Jenkins 31 W R 137 52 L J Ch
437
Vane 44 L T 718
440
Firth
442
2 Special Regulations
450
Harris Warre 48 L J 310 27 W R
461
Henshaw 47 L J Ch 267 26 W R 188
465
Notices c
467
Crown Revenue
472
Wallis r Smith 46 L T
473
APPENDIX A
479
Hale 26 W R 680 47 L J
496
Cornwall M Ry Co 51
498
B Notices
505
Defences
536
E Reply
546
Jesse 46 L J Ch 254
548
Colebourne
552
G Pr¿cipe
555
H Writs
562
J Subpœna Mandamus Commission
571
Vestry of Paddington 49 L J 264612 28 W R 588
588
Chancery Division
602
Holton Guntrip
617
Payment into and out of Court
624
FIRST SCHEDULE Repealed by R S C 1883 App O
640
Comparative Table of the Old and New Rules
656
Colyer
663
Hartland r Atcherly 7 В 53
664
Hope
665
Foster 51 L J 12 30 W R 129 45 L T 429
671
Ward and Henrys Case
674
Halesby
676
Hopkins Re 29 W R 767 45 L T 117
678
Holland
680
Horsley
684
Hawkins Ex parte
695
Lacey
697
Watts 45 L J Ch 658
704
Howell West
707
Hawley r Reade
708
Mansel
711
Haytor r Beall 29 W R 333 44 L T 131
720
Wedgewood
721
McInnes 27 W R 49
728

Other editions - View all

Common terms and phrases

Popular passages

Page 203 - ... as if actions for libel had not been excepted from the personal actions in which it is lawful to pay money into Court under...
Page 17 - 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 343 - 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 180 - Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
Page 561 - 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 257 - 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...
Page 333 - It must be proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same.
Page 184 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defense, as the case may be, but not the evidence by which they are to be proved...
Page 203 - ... without actual malice, and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or, if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff...
Page 232 - The court or a judge may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer, and in any such case or in case of the action or...

Bibliographic information