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Topic: Appellate Jurisdiction Act 1876


In the News (Fri 5 Dec 08)

  
  House of Lords - Biocrawler   (Site not responding. Last check: 2007-10-14)
In 1949, the Parliament Act was slightly modified, so that the delaying power of the House of Lords with respect to most bills was reduced from three sessions or two years to two sessions or one year.
The jurisdiction of the House of Lords extends, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland.
The jurisdiction of the Privy Council in the United Kingdom, however, is more narrow than that of the House of Lords; it encompasses appeals from ecclesiastical courts, issues related to devolution, disputes under the House of Commons Disqualification Act 1975, and a few other minor matters.
www.biocrawler.com /encyclopedia/House_of_Lords   (6973 words)

  
 Assessor - LoveToKnow 1911
The system is still exemplified in Scotland, where it is usual in the larger towns for municipal magistrates, in the administration of their civil jurisdiction, to have the aid of professional assessors.
By the Supreme Court of Judicature Act 1891 the House of Lords may, in appeals in admiralty actions, call in the aid of assessors, while in the admiralty division of the High Court it is usual for the Elder Brethren of Trinity House to assist as nautical assessors.
In admiralty cases in the county courts, too, the judge is frequently assisted by assessors of "nautical skill and experience" (County Court Admiralty Jurisdiction Act 1868).
www.1911encyclopedia.org /Assessor   (385 words)

  
 Peerage - Biocrawler   (Site not responding. Last check: 2007-10-14)
The Act did provide that ninety-two hereditary peers—those exercising the offices of Lord Great Chamberlain and Earl Marshal, as well as ninety hereditary peers elected by other peers—could remain in the House of Lords in the interim.
Life peers created under the Appellate Jurisdiction Act are known as "lords of Appeal in Ordinary." They perform the judicial functions of the House of Lords and serve on the Judicial Committee of the Privy Council.
While life peerages were often created in the early days of the Peerage, their regular creation was not provided for under an Act of Parliament until 1876, with the passage of the Appellate Jurisdiction Act.
www.biocrawler.com /encyclopedia/Peerage   (2403 words)

  
 Constitutional Reform Act 2005
In section 91(2) of the Police Act 1997 (Commissioners for the authorisation of action in respect of property) for "the Appellate Jurisdiction Act 1876 (c.
In paragraph 4(3)(b) of Schedule 3 to the Terrorism Act 2000 (the Proscribed Organisations Appeal Commission) for "the Appellate Jurisdiction Act 1876)" substitute "Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council".
In Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (the Asylum and Immigration Tribunal) (as inserted by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004), in paragraph 5(1)(a) (President of the Asylum and Immigration Tribunal) for "the Appellate Jurisdiction Act 1859 (c.
www.opsi.gov.uk /acts/acts2005/50004-aq.htm   (1196 words)

  
 APPEAL - Online Information article about APPEAL
Decisions of justices sitting in the exercise of summary jurisdiction are subject to review by a special case in which the justices state the facts found by them and their decision on the points of law, and invite the review of the appellate court on these grounds.
The court never had jurisdiction to hear an appeal in any criminal cause or matter, but was able to review by writ of error decisions of the king's bench division in such cases, unless the court for crown cases reserved had dealt with the question under the Crown Cases Act 1848.
The origin of the appellate jurisdiction of the House of Lords was undoubtedly of that partly feudal and partly popular character already alluded to, which made the suitor seek from the high court of parliament the justice denied elsewhere in the baronial courts or by the king's judges.
encyclopedia.jrank.org /APO_ARN/APPEAL.html   (7616 words)

  
 Sources of English Constitutional History: Chapter 131
An act for the establishment of county and district constables by the authority of justices of the peace....
An act to consolidate and amend the laws relating to the services of the ordnance department and the vesting and purchase of lands and hereditaments for those services and for the defence and security of the realm....
An act of parliament, or any provision thereof, shall, in construing this act, be said to extend to any colony when it is made applicable to such colony by the express words or necessary intendment of any act of parliament.
www.constitution.org /sech/sech_131.htm   (4678 words)

  
 Appellate Jurisdiction Act 1876 - Wikipedia, the free encyclopedia
The Appellate Jurisdiction Act 1876 is an Act of the Parliament of the United Kingdom (citation 39 and 40 Vict c.
The provisions of the act will be eventually superseded when the Law Lords are removed from Parliament under the Constitutional Reform Act 2005.
Acts of the Parliament of the United Kingdom
en.wikipedia.org /wiki/Appellate_Jurisdiction_Act_1876   (125 words)

  
 Lalor, Cyclopaedia of Political Science, V.2, Entry 247, LAW, Common.: Library of Economics and Liberty
In its judicial capacity, as defined by the English appellate jurisdiction act of 1876, the house of lords forms a court of final appeal from the queen's court of appeal in England, from the court of sessions of Scotland, and the superior courts of law and equity of Ireland.
The third is the habeas corpus act, passed during the reign of Charles II., which did not alter or amend the provisions contained in magna charta, but provided for their greater efficiency in the clear and precise manner of their application by the courts of law.
By the acts of 1873 and 1875 all the superior courts of England were consolidated into two new courts, styled the high court of justice and the court of appeal.
www.econlib.org /library/YPDBooks/Lalor/llCy638.html   (4447 words)

  
 House of Lords - WikiGadugi   (Site not responding. Last check: 2007-10-14)
With the passage of the Constitutional Reform Act 2005, the post of Lord Speaker was created, a position to which a peer is elected by the House and subsequently appointed by The Crown.
The Act no longer guarantees that the office holder of Lord Chancellor is the presiding officer of the House of Lords, and therefore allows for the House of Lords to elect a speaker of their own.
The jurisdiction of the Privy Council in the United Kingdom, however, is narrower than that of the House of Lords; it encompasses appeals from ecclesiastical courts, issues related to devolution, disputes under the House of Commons Disqualification Act 1975, and a few other minor matters.
en.wikigadugi.org /wiki/House_of_Lords   (7586 words)

  
 Nobility - Search View - MSN Encarta
The Appellate Jurisdiction Act of 1876 gave the Crown the right to give judges the rank of lord of appeal and grant them life peerages.
The Life Peerages Act of 1958 gave the Crown the right to create other life peers besides judges, and about ten are now created each year.
All life peers are appointed to the House of Lords, where members review legislation passed by the House of Commons and serve as Britain's highest court of appeals.
encarta.msn.com /text_761572584__1/Nobility.html   (732 words)

  
 MASTER OF THE ROLLS - Online Information article about MASTER OF THE ROLLS
jurisdiction in the court of chancery second only to that of the lord chancellor himself.
Office Act 1838 the custody of the records was restored to him, and he is chairman of the See also:
privilege enjoyed by no other member of the judicial bench;' but he was deprived of it by the Supreme Court of Judicature Act 1873, which provides that all judges of the High Court of Justice and the court of appeal shall be incapable of being elected to or sitting in the House of Commons.
encyclopedia.jrank.org /MAR_MEC/MASTER_OF_THE_ROLLS.html   (864 words)

  
 RECENT LIBRARY ACQUISITIONS - December 2001
The supreme appellate jurisdiction [microform] : a speech delivered in the House of Lords / by Lord Selborne, on the 11th of June, 1874, on Lord Redesdale's motion for retaining the jurisdiction of the House of Lords.
The jurisdiction of the court leet [microform] : exemplified in the articles which the jury or inquest for the king, in that court, is charged and sworn, and by law enjoined, to inquire of and present : together with approved precedents / by Joseph Ritson.
On the appellate jurisdiction of the House of Lords from the courts of Scotland [microform] / by James Anderson.
www.stcl.edu /library/Acqdec01.htm   (5327 words)

  
 Order of Precedence in England and Wales
House of Lords Precedence Act (1539), which, although deciding only the seats to be occupied in Parliament, and keeping lay and clerics separate, nevertheless affirmed a non-papal source of precedence for ecclesiastics.
House of Lords Precedence Act 1539 and the Ordinance of 1595, both of which were to a large extent codifying current practice, form the canvass of the order of precedence.
The House of Lords Precedence Act 1539 is the basis for that roll, and some provisions of the act make clear that the order in Parliament is not the same as the order outside.
www.heraldica.org /topics/britain/order_precedence.htm   (5531 words)

  
 Reform   (Site not responding. Last check: 2007-10-14)
The constitution of the Committee of the House of Lords which exercises judicial functions is provided for by the Appellate Jurisdiction Act 1876.
It is this latter Act which will be affected by the establishment of the new Court and not the Judicial Committee Act.
It is very important that in the discussions concerning the replacement of the right of appeal to the Privy Council by a right of appeal to Caribbean Court of Justice that we do not cloud the issues but provide the public with a balanced presentation of the arguments for and against.
www.ijchr.com /reform.htm   (283 words)

  
 Admiralty Act 1973
Nothing in this Act shall be construed as limiting the jurisdiction of the Court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a New Zealand ship.
Subject to section 28 of the Crown Proceedings Act 1950, relating to the exclusion of actions in rem against the Crown, this Act shall bind the Crown.
(1) As from the commencement of this Act, the Acts of the Parliament of England or of the United Kingdom specified in the Schedule to this Act shall cease to have effect as part of the law of New Zealand.
www.maritimelaw.orcon.net.nz /adm73.html   (1891 words)

  
 Constitutional Reform Act 2005
In Schedule 5, in Part 2 the entry relating to the Appellate Jurisdiction Act 1876.
In section 19, in the definition of "superior court", the words from "and includes" to the end.
In section 7(2)(a) "within the meaning of the Appellate Jurisdiction Act 1876".
www.opsi.gov.uk /ACTS/acts2005/50004-aw.htm   (242 words)

  
 LLRX -- UK Constitutional Reform   (Site not responding. Last check: 2007-10-14)
Habeas corpus is a remedy against unlawful detention, and this Act placed heavy penalties on the evasion of the writ by transfer of persons outside the jurisdiction of English courts.
Act formalising the union of England and Wales and Scotland with Ireland.
It is made up of acts of the British and Canadian Parliaments, as well as legislation, judicial decisions and agreements between the federal and provincial governments” (citing website of Canadian Embassy in Washington).
www.llrx.com /features/ukconstitution.htm   (8985 words)

  
 CAIN: Northern Ireland Act 1998
(b) high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887).
(b) any Act of Parliament passed before this Act in so far as the provision is part of the law of Northern Ireland.
Regulations which state that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration.
cain.ulst.ac.uk /hmso/niact98f.htm   (4806 words)

  
 CAIN: HMSO: Electoral Law Act (Northern Ireland) 1968
The provisions of the principal Act specified in Schedule 4 are hereby repealed.
(1) This Act may be cited as the Electoral Law Act (Northern Ireland) 1968 and shall be construed as one with the principal Act and that Act and this Act may be cited together as the Electoral Law Acts (Northern Ireland) 1962 and 1968.
Every document purporting to be an instrument made or issued by the Commission and to be signed by the secretary or any person authorised to act in that behalf, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Commission.
cain.ulst.ac.uk /hmso/ela1968.htm   (3628 words)

  
 Judicial Appointments:An Inclusive Approach: page 10   (Site not responding. Last check: 2007-10-14)
2. The Courts Act 1672 (c 40) (APS viii, 80) removed the hitherto existing office of deputes in the Justice Court and provided that five of the Lords of Session would be joined with the Justice General and the Justice Clerk to form the High Court of Justiciary.
3. An Act of James VI (1592 Cap.50.) "Anent the aige and qualities of the lordis of sessioun", stipulated that appointees to the senior Bench must be God-fearing, well-read, practical in Judgement, versed in the law, expeditious in the dispatch of business and possessed of independent means.
9. Section 35(3) of the 1990 Act provides that any person qualified to become a Judge of the Court of Session may be appointed by the Scottish Ministers (after consulting the Lord President) to act as a temporary Judge of the Court of Session.
www.scotland.gov.uk /consultations/justice/jaia-10.asp   (802 words)

  
 Scotland Act 1998
(3) This Act does not enable a court or tribunal to award any damages in respect of an act which is incompatible with any of the Convention rights which it could not award if section 8(3) and (4) of the Human Rights Act 1998 applied.
(b) any other act or failure to act, if it is the act or failure of a member of the Scottish Executive.
(a) an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament which is not, or may not be, within the legislative competence of the Parliament, or
www.forscotland.com /1998/80046--j.htm   (2450 words)

  
 Interception of Communications Commissioner
Section 57(1) of the Regulation of Investigatory Powers Act 2000 provides for the Prime Minister, after consultation with the Foreign, Home and Northern Ireland Secretaries and the Scottish First Minister, to appoint the Interception of Communications Commissioner.
The Commissioner must be a person who holds or has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876.
When the Regulation of Investigatory Powers Act 2000 (RIPA) came into force, section 8(1) of IOCA ceased to have effect and Sir Swinton was appointed under the RIPA.
www.number-10.gov.uk /output/page3375.asp   (325 words)

  
 Legislative Implementation of Devolution
(2) Sub-paragraph (1) does not reserve the subject-matter of- (a) Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal, etc.), (b) Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session).
In summary it is recognised in section 37 that " The Union with Scotland Act 1706 and the Union with England Act 1707 have effect subject to this Act." But the Scottish Parliament cannot change those Acts, and the Acts themselves are not expressly amended.
The Assembly shall have the functions which are- (a) transferred to, or made exercisable by, the Assembly by virtue of this Act, or (b) conferred or imposed on the Assembly by or under this Act or any other Act.
www.leeds.ac.uk /law/hamlyn/devoact.htm   (5214 words)

  
 MI5 | Judicial Oversight   (Site not responding. Last check: 2007-10-14)
The Commissioners were appointed following the enactment of the Regulation of Investigatory Powers Act 2000 (RIPA), which repealed the Interception of Communications Act 1985 (IOCA).
In addition, an Investigatory Powers Tribunal was established to consider complaints relating to the activities covered by the Act.
Under Sections 57 and 59 of RIPA, the Prime Minister has the power to appoint these Commissioners, who must be persons who hold or have held high judicial office within the meaning of the Appellate Jurisdiction Act 1876.
www.mi5.gov.uk /output/Page94.html   (279 words)

  
 Legislation
Appeals from outside the United Kingdom are in many cases also governed by laws made in the countries and territories concerned.
Scotland Act 1998, sections 33 and 103 and Schedule 6.
This Order was amended by the Judicial Committee (General Appellate Jurisdiction) Rules Order 1982 (S.I. 1982 No. 1676).
www.privy-council.org.uk /output/Page33.asp   (1224 words)

  
 Interception of Communications Act 1985 (c.56), acts@swarb.co.uk, David Swarbrick, Solicitor, Wrigley Claydon
An Act to make new provision for and in connection with the interception of communications sent by post or by means of public telecommunication systems and to amend section 45 of the Telecommunications Act
for purposes connected with the issue of licences under the Wireless Telegraphy Act 1949 or the prevention or detection of interference with wireless telegraphy.
(5) References in the following provisions of this Act to a warrant are references to a warrant under this section.
www.swarb.co.uk /acts/1985InterceptionCommunicationsAct.shtml   (1100 words)

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