The Judicature Acts, 1873 and 1875: Containing the Statutes, Rules of Court and Orders in Council, with Notes, Forming a Practice of the Supreme Court

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目次

8
xl
Entry of Judgment
xli
Execution
xlii
Fieri Facias and Elegit
xliii
Attachment
xliv
Attachment of Debts
xlv
Charging of Stock and Distringas
xlvi
Writ of Sequestration
xlvii
Writ of Possession
xlviii
Writ of Delivery of Property L Change of Parties by Death
xlix
Transfers and Consolidation
li
Motions and other Applications
liii
Applications at Chambers
liv
Costs
lv
Time
lvii
Appeals
lviii
Effect of Noncompliance with Rules of Court
lix
Officers
lx
Sittings and Vacations
lxi
Exceptions from the Rules
lxii
Interpretation of Terms 238
lxiii
SUPREME COURT OF JUDICATURE
1
SECTION
2
Part II
8
Collision
11
Equipment of Ship
12
False Imprisonment
13
Foreclosure Counterclaim of Defendant
14
Fraud in misrepresenting the Value of a Business
15
Jurisdiction transferred to High Court
16
Jurisdiction not transferred to High Court
17
Jurisdiction transferred to Court of Appeal
18
Appeals from High Court to Court of Appeal
19
Negligence
20
Possession of Ship
21
Transfer of pending business
22
Maintenance of old procedure where no new procedure pro vided
23
Recovery of Land Landlord and Tenant
24
Law and equity to be concurrently administered
25
Recovery of Land 26 Salvage
26
Trespass to Land
27
Part III
29
Abolition of terms courts may sit at any time or place 27 Power to fix vacations by Order in Counoil 28 Sittings in vacation to hear pressing applicati...
31
Continuous Sittings in London and Middlesex
32
Divisions of High Court 32 Power to alter divisions by Order in Council and to abolish certain distinctive offices 33 Rules of court to provide for dist...
33
Assignment of certain business to particular divisions
34
Power of transfer
41
Trials by jury to be before judges of Queens Bench
42
Divisional courts in Chancery Division
43
Divisional courts in Probate c Division
44
Appeals from inferior courts
45
Reservation of points for divisional courts
46
Crown Cases Reserved
47
No appeal as to costs except by leave
49
Appeal from chambers to divisional court
50
Judge of Court of Appeal may sit for judge of High Court
51
Power of single judge in Court of Appeal
52
Reference by consent and in matters of account 58 Power of referees and effect of their findings 59 Powers of court with respect to proceedings befo...
54
Power for court to remove proceedings from district registries 66 Accounts and inquiries may be referred to district registrars
55
Application of County Court Act 1867 ss 5 7 8 and 10
56
Application of acts of parliament relating to former courts
57
Part V
58
Transfer of existing staff of officers to Supreme Court 78 Officers of courts at Lancaster and Durham 79 Personal officers of fature judges
61
Provision for compensation of officers paid out of fees 81 Status of officers determined by rules of court 82 Commissioners for oaths
63
Official referees to be appointed 84 Duties appointment and removal of officers 85 Salaries and pensions of official referees and other officers
64
Patronage not otherwise provided for 87 Solicitors and attorneys
65
Part VI
66
Counterclaims in inferior courts and transfers therefrom
67
Part VII
68
Saving as to Chancellor of Lancaster 96 Saving as to Chancellor of Exchequer and appointing sheriffs 97 Saving as to Lord Treasurer and receipt of ...
69
SUPREME COURT OF JUDICATURE ACT 1875
73
Act to commence 1st November 1875
74
Exclusion from House of Commons
76
Precedence of judges
77
Power to appoint joint district registrars
84
Power to apply County Court Appeal Acts to other inferior courts
85
Power to make additional rules of court 18 Maintenance of Probate Divorce and Admiralty Rules 19 Saving for criminal procedure subject to future ...
88
Saving for right to have issues left to jury 23 Power to regulate circuits by order in council 24 Power to adapt statutory provisions to new procedure ...
93
Fixing and collection of court fees
94
Officers of courts at Lancaster and Durham
96
Annual account of fees and expenditure 85
102
SECOND SCHEDULE Enactments repealed by Act of 1875
103
Hearing of appeals during a dissolution
109
Rules of Court
115
RULES OF THE SUPREME COURT ORDER PAGE
121
Interpretation clause
123
Indorsements of Claim
125
On particular Defendant
136
On Partners and other Bodies
137
In particular Actions
138
Substituted Service
139
Service out of the Jurisdiction
140
Appearance XIII Default of Appearance
142
87
143
Leave to defend wbere Writ specially indorsed XV Application for Account
152
Parties
153
Joinder of Causes of Action
161
Actions by and against Lunatics XIX Pleading generally XX Pleading matters arising pending Action XXI Statement of Claim
163
361
165
Defence
176
Discontinuance
178
Reply and subsequent Pleadings
179
Close of Pleadings XXVI Issues
180
Amendment of Pleadings
181
Demurrer
183
Demurrer
184
Default of Pleading
187
Payment into Court
190
Discovery and Inspection
191
Admissions
199
Inquiries and Accounts XXXIV Questions of
200
244
211
Fieri Facias
230
132
241
280
259
Ordinary Writ of Summons
267
Writ in Admiralty Action in rem A Warrant of Arrest in Admiralty Action
270
Form of Memorandum for Renewed Writ 6 Memorandum of Appearance
271
287
287
APPENDIX OF FORMS B 1 Notice by Defendant to Third Party 2 Confession of Defence 3 Indorsement made Statement of Complaint 4 Notice of C...
288
Answer to Interrogatories 9 Affidavit as to Documents
289
Notice to produce Documents referred to in Pleadings 11 Notice to inspect Documents
290
Notice to admit Documents
291
Setting down Special Case 14 Notice of Trial
292
Certificate of Officer after Trial by Jury 16 Affidavit of Scripts
293
APPENDIX OF FORMS
295
Administration of Estate where no Will 3 Administration of Estate where Will 4 Administration of Estate where Breach of Trust 5 Agent
305
Bill of Exchange 7 Bill of Exchange and Consideration
309
Bill of Lading 9 Bottomry
310
Charterparty
312
Memorandum of Entry
320
APPENDIX OF FORMS
352
By Default in case of Liquidated Demand
354
By Default after Assessment of Damages 4 After Trial by Judge without Jury 355 5 After Trial by Jury
355
After Trial before Referee 356 7 Upon Motion for Judgment
356
To the Archbishop
358
FORMS OF PRÆCIPE
359
Fieri Facias
360
Elegit
361
Venditioni Exponas
362
Fieri Facias de Bonis Ecclesiasticis
363
Sequestrari Facias de Bonis Ecclesiasticis
364
ORDERS IN COUNCIL
369
Order establishing District Registries
394
Rules for the Attendance of Assessors in Ecclesiastical Cases
401
ORDERS ISSUED BY THE LORD CHANCELLOR
418
RULES AS TO THE EXAMINATION AND ADMISSION OF SOLI
430
ORDERS OF THE HOUSE OF LORDS AS TO APPEALS
448
133
462
Summary Procedure on Bills of Exchange
463
Titles of Statutes Rules and Regulations relating
485
mprisonment for Debt
515
Titles of Windingup Acts and Rules
541
TIME TABLE
561
134
567
135
569
295
570
139
571
306
576
314
578
140
580
142
585
357
588
358
589
147
590
153
595
161
597
163
599
173
606
178
607
180
609
181
610
200
612
269
618

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153 ページ - of any defendant it shall appear that such joinder may " embarrass or delay the trial of the action, the Court or a " judge may order separate trials or make such other order as " may be expedient. And judgment may be given for such one or " more of the plaintiffs as may be found to be entitled to relief, " for such relief as he or they may be entitled to, without any
23 ページ - 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...
489 ページ - I, AB, do solemnly, sincerely and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful ; and I do also solemnly, sincerely and truly affirm and declare, &c.
309 ページ - 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.
3 ページ - High Court of Justice shall be constituted as follows : — The first Judges thereof shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
24 ページ - Act had not passed), to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor...
17 ページ - Act. 2. If any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff...
157 ページ - 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 as may appear to the Court or a judge...
476 ページ - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such...
349 ページ - Plaintiff the amount which shall be so found due within one calendar month, &c.] 3. [That the Plaintiff may have such further or other relief as the nature of the case may require].

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