The Supreme Court of Judicature Acts, and the Appellate Jurisdiction Act, 1876, with Rules of Court and Forms Issued Up to 1885, Annotated So as to Form a Manual of Practice, Containing a Comprehensive Selection of Cases from the Modern Reportds, and All the Most Recent Decisions, Down to March 1, 1885, Together with References to the Earlier Authorities where Such Seemed Advisable

Front Cover
Reeves, 1885 - 800 pages

From inside the book

Contents

Att Gen v Colney Hatch Asylum
xlii
Boyne The John
xlvi
Rule 24
xlviii
ADDENDA AND CORRIGENDA
liii
Chambers
liv
SUPREME COURT OF JUDICATURE ACT 1873
1
PART II
2
Jurisdiction not transferred to High Court
3
Appeals from High Court
4
20 21 22 Repealed
5
Rules as to exercise of jurisdiction
6
Rules of law upon certain points
11
3 Equitable waste
12
SECTION PAGE 7 Stipulations not of the essence of contracts
14
CLAUSE PAGE 16 Orders in relation to conduct of business in Her Majestys Court
16
9 Damages by collisions at sea
19
PART III
20
Sittings in vacation
21
Divisions of the High Court of Justice
22
Assignment of certain business to particular Divisions of High Court subject to Rules
23
Repealed
27
Sittings in London and Middlesex and on Circuit
28
Divisional Courts of the High Court of Justice
29
Cases and points may be reserved for or directed to be argued before Divisional Courts
31
Repealed
32
Provision for absence or vacancy in the office of a Judge
33
53 54 55 Repealed
34
Power to direct trials before Referees
35
Power of Referees and effect of their findings
36
Her Majesty may establish District Registries in the country for the Supreme Court
42
Seals of District Registries
43
Power for Court to remove proceedings from District Registries
44
31 Vict cap 142 ss 5 7 8 and 10 to extend to actions in High Court
45
68 69 70 71 72 73 74 Repealed
48
PART V
49
PART VI
50
Powers of Inferior Courts having Equity and Admiralty juris diction
51
Rules of Law to apply to Inferior Courts
52
Saving as to Chancellor of Lancaster
53
Saving as to Lord Treasurer and office of the Receipt of Exchequer
54
SUPREME COURT OF JUDICATURE ACT 1875
55
Constitution of Court of Appeal
56
Jurisdiction of Lords Justices in respect of lunatics
57
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
60
Sittings of Court of Appeal
62
Amendment of 36 37 Vict c 66 s 87 as to enactments relating to attorneys
63
mitted c
66
Additional power as to regulation of practice and procedure by Rules of Court
67
Fixing and collection of Fees in High Court and Court of Appeal
68
Repealed
69
Provision as to rules of Probate Divorce and Admiralty Courts being Rules of the High Court in substitution for 36 37
70
Provision as to criminal procedure subject to future Rules remaining unaltered in substitution for 36 37 Vict c 66 s 71
71
Provision as to Act not affecting rules of evidence or juries in substitution for 36 37 Vict c 66 s 72
72
Att Gen v Corp of Birmingham 29 W R 127 43 L T
77
Attendance of certain number of Lords of Appeal required at hearing and determination of appeals
78
Omitted
79
Procedure under Act to supersede all other procedure
80
of Appeal
81
Power in certain events to fill vacancies occasioned in High Court of Justice by removal of Judges to Court of Appeal
82
Repealed
83
Alexandra Palace Co Re 50 L J Ch 7 29 W R 70 43 L T 406 259
85
SUPREME COURT OF JUDICATURE ACT 1877
87
Master of the Rolls to be Judge of Appeal only
88
Qualification of Judges to sit on appeals
89
Proceedings with regard to nomination of Sheriffs
90
Appointments to keep order c in Royal Courts of Justice
91
Power to transfer interpleader proceedings to County Court
103
Civil Service certificates for Officers of Supreme Court
104
Indorsement of Claim
111
Birmingham Estate Co v Smith 49 L J Ch 251 28 W R 666 42
118
Concurrent Writs
121
7 Proceedings
122
U K Telegraph
127
Substituted Service
130
Ambrose Tin Co Re 47 L J Ch 696 26 W R 601
146
Att Gen v Durham 46 L T 16
152
Yates 5 De G S 208
167
Change of Parties by Death
179
Brandram Re 53 L J Ch 331 49 L T 558 32 W R
180
Att Gen v Tomline 47 L J Ch 473 26 W R
188
Payment into Court
208
32
223
Reply
239
Tyndall
243
Default of Pleading
246
Anon
263
Brit and For Contract Co v Wright
265
Shaw
271
Chapel Town Co 45 L J Ch
276
Issues Inquiries and Accounts
282
District Registries
292
White
318
Att Gen v Vestry of Bermondsey 48 L T 445 31 W R 463 154 156
320
Motion for New Trial
335
Bird
348
Judkins 47 L J 615 26 W R 734
351
Walker 53 L J Ch 413 50 L T 292 32 W R 214
362
Kings Lynn Corp 47 L J 321 27 W R 94
363
Carlton 47 L J Ch 51 26 W R 71
367
Writ of Possession
373
1 Interlocutory Orders
379
Easton 47 L J Ch 225 26 W R 66
390
Easton 27 W R
404
Brown Re Tyas v Brown 28 W R 575 42 L T 501
411
Ashley
420
Delano
431
Appeals
434
LXI
454
LXIII
463
Baile
473
Sewill 29 W R 295 44 L T 41
478
Wormsley 47 L J Ch 844 27 W R 36
492
Berridge 50 L J Ch 630
503
Notices
507
Blaiberg 46 L T 52 30 W R 352 51 L J Ch
509
Appearance Bail Releases
527
Ashton r Shorrock 29 W R 117 43 L T
530
B Notices
543
C
554
D
574
G Pr¿cipe
593
H Writs
600
Blaksleys Trusts
610
دو
641
M
663
Hemming 49 L J 730 28 W R 764 43 L T
678
Order as to Supreme Court Fees 1884
690
Order as to Examiners Fees
703
Comparative Table of the Old and New Rules
720
Barrett
743
Basham Re 48 L T 476 31 W R 743 52 L J Ch 408
751
Bashaw
792

Common terms and phrases

Popular passages

Page 14 - 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 602 - Lord (a), or at any time afterwards, or over which the said CD on the said day of (a), 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 13 - 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 156 - The court or a judge may at any stage of the proceedings, either upon or without the application of either party, and on such terms...
Page 368 - ... or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon ; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor...
Page 328 - 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 601 - 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, including lands and hereditaments of copyhold or customary tenure, in your bailiwick as the said C.
Page 360 - ... that the plaintiff has good cause of action against the defendant to the amount of £50 or upwards, and that there is probable cause for believing that the defendant is about to quit England...
Page 8 - No cause or proceeding at any time pending in the High injunctions. Court of Justjce or before the Court of Appeal, shall be restrained by prohibition or injunction ; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained if this Act had not passed either unconditionally or on any terms or conditions, may be relied on by way of defence thereto...
Page 467 - With respect to extensions of time, it is provided generally by r, 7, that " a Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.

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