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Topic: Judicature Act 1873


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  JUDICATURE ACTS - LoveToKnow Article on JUDICATURE ACTS   (Site not responding. Last check: 2007-10-09)
By the act o 1873 the court of chancery, the court of queens (kings) bench, the court of common pleas, the court of exchequer, the high court of admiralty, the court of probate and the court of divorce and matrimonial causes were consolidated into one Supremei Court of Judicature (sec.
The House of Lords remained the last court of appeal, as before the acts, but its judicial functions were virtually transferred to an appeal committee, consisting of the lord chancellor and other peers who have held high judicial office, and certain lords of appeal in ordinary created by the act of 1873 (see APPEAL).
The judicature acts did not affect Scottish judicature, but the Appellate Jurisdiction Act included the court of session among the courts from which an appeal lies to the House of Lords.
www.1911encyclopedia.org /J/JU/JUDICATURE_ACTS.htm   (1861 words)

  
 Judicature Acts:   (Site not responding. Last check: 2007-10-09)
The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 (36 and 37 Vict.
66) and the Supreme Court of Judicature Act 1875 (38 and 9 Vict.
The two were fused by the Judicature Acts 1873 and 1875.
encyclopedia.openfun.org /wiki/Judicature_Acts   (400 words)

  
 Judicature Acts - Wikipedia, the free encyclopedia
The same court was able to apply rules of the common law and rules of equity, depending on what the substantial justice of a case requires and depending on what specific laws are pleaded by each party.
Among the specific changes to procedure that occurred as a result of enactment of the Judicature Acts was one impacting on the matter of "abandonment of an action".
Such an abandonment involves the discontinuance of proceedings commenced in the High Court, typically emerging because a plaintiff is convinced that he will not succeed in a civil action.
en.wikipedia.org /wiki/Judicature_Acts   (461 words)

  
 CONK! Encyclopedia: Courts_of_England_and_Wales   (Site not responding. Last check: 2007-10-09)
It was abolished by the Supreme Court of Judicature Act 1873, but an election was held before the act came into force, and the new Parliament passed the Supreme Court of Judicature Act 1875 which amended the first Act to preserve the House of Lords' judicial function.
The post of Coroner is ancient, dating from the 11th Century, and coroners still sit today to determine the cause of death in situations where people have died in potentially suspicious circumstances, abroad, or in the care of central authority.
When acting as an inferior court, appeals by way of case stated on matters of law may be made to the Divisional Court of Queen's Bench Division of the High Court.
www.conk.com /search/encyclopedia.cgi?q=Courts_of_England_and_Wales   (1657 words)

  
 Supreme Court of Judicature Act 1873 - Wikipedia, the free encyclopedia
The Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873.
Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the Appellate Jurisdiction Act 1876 removed the provisions for the abolition of the judicial functions of the House of Lords, although it retained the provisions that established the High Court and the Court of Appeal.
The Constitutional Reform Act 2005 will remove the judicial functions of the House of Lords, transferring them to a new Supreme Court of the United Kingdom.
en.wikipedia.org /wiki/Judicature_Act_1873   (337 words)

  
 Judicature Act of 1873 --  Britannica Concise Encyclopedia - The online encyclopedia you can trust!
Essentially, the act was a first modern attempt to reduce the clutter—and the consequent inefficiency—of courts that had specific powers of jurisdiction throughout England and Wales.
The act of 1873 denied the status of the House of Lords as the final court of appeal.
The Courts Act of 1971 continued the modernization with the abolition of quarter sessions and assizes.
www.britannica.com /ebc/article-9044087   (1005 words)

  
 APPEAL - Encyclopedia Britannica - APPEAL - JCSM's Study Center   (Site not responding. Last check: 2007-10-09)
The act gives the court power to order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the court, and to receive the evidence, if tendered, of any witness who is a competent but not compellable witness.
By 20 of the act of 1873, the appellate jurisdiction of the House of Lords (so far as it affects England) was abolished, but this section was repealed by the Appellate Jurisdiction Act 1876.
In Ontario the judiciary are organized, under the Provincial Judicature Acts, in much the same manner as in England; and the review of decisions of inferior courts (by appeal or other proceedings based on English practice) is in the hands of the High Court of justice, subject to appeal to the provincial court of appeal.
www.jcsm.org /StudyCenter/Encyclopedia_Britannica/APO_ARN/APPEAL.html   (7701 words)

  
 SUPREME COURT OF JUDICATURE - LoveToKnow Article on SUPREME COURT OF JUDICATURE   (Site not responding. Last check: 2007-10-09)
, in England, a court of law established by the Judicature Act 1873, by section 3 of which it was provided that the high court of chancery, the courts of kings bench, common pleas, and exchequer, the high court of admiralty, the court of probate and the divorce court, should be united under this name.
By section 4, the Supreme Court was to consist of two divisions, one to be called the high-court of justice and the other the court of appeal.
It has to decide whether a measure passed by the legislative powers is unconstitutional or not, and it may thus have to veto the deliberate resolutions of both houses of Congress and the president.
www.1911encyclopedia.org /S/SU/SUPREME_COURT_OF_JUDICATURE.htm   (295 words)

  
 King v. Victoria Insurance Co. Ltd   (Site not responding. Last check: 2007-10-09)
Even if the construction of the Judicature Act contended for on the other side were right, and the section did not contemplate torts, still the deed of assignment did.
But that difficulty is got over by force of the express assignment of the bank's claim, and of the Judicature Act, as the parties must have intended that it should be when they stipulated that nothing in the assignment should authorize the use of the bank's name.
They rest their judgment on the broader and simpler ground that a payment honestly made by insurers in consequence of a policy granted by them and in satisfaction of a claim by the insured, is a claim made under the policy, which entitles the insurers to the remedies available to the insured.
www.uniset.ca /other/napier/1896AC250.html   (1826 words)

  
 Copy of English Law
The Judicature Act of 1873 remedied this by merging the jurisdiction of all the courts in one supreme court, and
Under the Judicature Acts and the Crown Office Rules, 1906 (ri 49), the powers of the court of king’s bench as to the grant of the prerogative writ of mandamus are exercisable only in the king’s bench division of the High Court.
25 (8) of the Judicature Act 1873 a mandamus may be granted by an interlocutory order of the High Court in all cases in which it shall appear to the court just or convenient that such an order should be made.
www.exorthodoxforchrist.com /english_law1.htm   (1445 words)

  
 Lawlink NSW: Report on Law and Equity
It is clear from the recital to section 25 of the Act of 1873 that the section made changes in the general law, as distinct from merely enacting rules to be applied in the High Court of Justice.
Like section 64, and section 25(11) of the Act of 1873, it differs from section 44 of the Supreme Court of Judicature (Consolidation) Act 1925 in that it is not expressed to be “subject to the express provisions on any other Act”.
By sections 57 to 63 of the Supreme Court Act, together with either section 64 of that Act or the draft section 5, the position of such a person would for many purposes be equated by the Supreme Court to the position which he would have if the lease had been granted.
www.lawlink.nsw.gov.au /lrc.nsf/pages/r13report   (2586 words)

  
 COURT OF KING'S BENCH - LoveToKnow Article on COURT OF KING'S BENCH   (Site not responding. Last check: 2007-10-09)
The court of exchequer attended to the business of the revenue, the common pleas to private actions between citizens, and the king's bench retained criminal cases and such other jurisdiction as had not been divided between the other two courts.
By an act of 1830 the court of exchequer chamber was constituted as a court of appeal for errors in law in all three courts.
Under the Judicature Act 1873 the court of king's bench became the king's bench division of the High Court of Justice.
15.1911encyclopedia.org /K/KI/KING_S_BENCH_COURT_OF.htm   (448 words)

  
 REMEMBRANCER - LoveToKnow Article on REMEMBRANCER   (Site not responding. Last check: 2007-10-09)
The latter two offices have become extinct, that of remembrancer of first-fruits by the diversion of the fund (Queen Annes Bounty Act 1838), and that of lord treasurers remembrancer on being merged in the office of kings remembrancer (1833).
By the Queens Remembrancer Act 1859 the office ceased to exist separately, and the queens remembrancer was required to be a master of the court of exchequer.
77, attached the office to the Supreme Court, and the Supreme Court of Judicature (Officers) Act 1879 transferred it to the central office of the Supreme Court.
99.1911encyclopedia.org /R/RE/REMEMBRANCER.htm   (298 words)

  
 Lawlink NSW: The First Schedule: The Writ of Habeas Corpus
Some of the difficulties which arose thereafter were due to the fact that previously four separate courts had exercised jurisdiction in their appropriate spheres in England namely the Court of Chancery, the Court of King’s Bench, the Court of Exchequer, and the Court of Common Pleas.
Consequently, the greater part of the fell during the legal vacations, although the judges of the courts might be sitting under commissions of assize, oyez and terminer and general gaol delivery or hearing cases in Middlesex at nisi prius.
The Common Law Procedure Act, 1899, provided that every application for a writ of habeas corpus should be returnable before a judge but section 254 provided that any order made by a judge shall be subject to appeal to the Full Court.
www.graffiti.nsw.gov.au /lrc.nsf/pages/r1sch1   (2108 words)

  
 PROBATE - Online Information article about PROBATE
Transfer Act 1897 must be taken out for wills of realty as well as wills of personalty, may be granted either in the principal or in a See also:
Ireland.—In 1867 an act on lines similar to the English act was passed for Ireland and under the Irish Judicature Act of 1877 the then existing court of probate was merged in the High Court of Justice.
The act of 1823 placed the commissary jurisdiction in the sheriff courts; by the act of 1876 the sheriffs sit as sheriffs in testamentary matters, no longer as commissaries.
encyclopedia.jrank.org /PRE_PYR/PROBATE.html   (1946 words)

  
 Nouvau Mont Dor (M) Sdn Bhd v Faber Development Sdn Bhd [FCM]
As is well known, an ordinary debt or chose in action before the Judicature Act 1873 was not assignable so as to pass the right of action at law, but it was assignable so as to pass the right to sue in equity.
The wordings of this subsection are in the same terms with s 25(6) of the Judicature Act 1873 which had since been replaced by s 136 of the Law of Real Property Act 1925.
In the former case it was held that an assignment of a debt or legal chose in action may be absolute within the Judicature Act s 25(6) although a trust is thereby created in respect of the proceeds of such debt or chose in action in favour of the assignee.
www.ipsofactoj.com /ARCHIVE/1984/Part7/arc1984(7)-004.htm   (1639 words)

  
 SOLICITOR - Encyclopedia Britannica - SOLICITOR - JCSM's Study Center
Until 1873 it was usual for attorneys to be admitted as solicitors as well, but the Judicature Act of that year enacted that all persons admitted as solicitors, attorneys or proctors of an English court shall hence-forth be called solicitors of the Supreme Court.
The Solicitors Act of 1888 vested in the Incorporated Law Society the power of investigating complaints as to the professional conduct of solicitors, as well as power to refuse to renew the annual certificate of a solicitor, subject to the solicitor's right of appeal.
By the Prosecution of Offences Act 1908 the office of director of public prosecutions was separated from that of treasury solicitor and made a separate appointment.
www.jcsm.org /StudyCenter/Encyclopedia_Britannica/SIV_SOU/SOLICITOR.html   (1555 words)

  
 [No title]   (Site not responding. Last check: 2007-10-09)
Before the advent of the Supreme Court of Judicature Act, 1873 and the new Rules of the Supreme Court (enacted in 1883) it had been open to parties to use a "demurrer" to challenge a statement of claim.
Third, an actionable conspiracy will exist if defendants combine to act unlawfully, their conduct is directed towards the plaintiff (or the plaintiff and others), and the likelihood of injury to the plaintiff is known to the defendants or should have been known to them in the circumstances.
Since the plaintiff has alleged in paragraph 20 of his statement of claim that the defendants engaged in various tortious acts, the defendants contend that it is not open to the plaintiff to proceed with his claim in conspiracy.
www.lexum.umontreal.ca /csc-scc/en/pub/1990/vol2/texte/1990scr2_0959.txt   (6946 words)

  
 SERJEANT-AT-LAW - LoveToKnow Article on SERJEANT-AT-LAW   (Site not responding. Last check: 2007-10-09)
The monopoly was finally abolished in 1845 by Act of Parliament.
For at least 600 years the judges of the superior courts of common law were always serjeants, but by the Judicature Act 1873 no person appointed a judge of the High court of Justice or the Court of Appeal was required to take or have taken the degree of serjeant-at-law.
The serjeants had their own inn of court khown as Serjeants Inn, which was formerly in two divisions, one in Fleet Street and one in Chancery Lane.
23.1911encyclopedia.org /S/SE/SERJEANT_AT_LAW.htm   (554 words)

  
 Taylor & Anor v Lawrence & Anor   (Site not responding. Last check: 2007-10-09)
The principle which we find in the Act of 1858 is the same principle as that which requires judgments in the courts to be binding, and that which prohibits litigation after the expiry of limitation periods.
The creation by the Supreme Court of Judicature Act 1873 of the Court of Appeal recognised that justice required some qualification to the principle that the outcome of litigation should be final.
The jurisdiction to hear appeals from the county courts was transferred to the High Court by s.16 of the 1873 Act and was expressly conferred upon Divisional Courts of the High Court by s.45 of the 1873 Act.
opal.he.net /~hrothgar/YAWS/reps/taylor.htm   (10773 words)

  
 MASTER OF THE ROLLS - Online Information article about MASTER OF THE ROLLS
Office Act 1838 the custody of the records was restored to him, and he is chairman of the See also:
Under the Judicature Act 1875, and the Appellate Jurisdiction Act 1876, he now always sits with the lords justices in the court of appeal (which usually sits in two divisions of three 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 See also:
encyclopedia.jrank.org /MAR_MEC/MASTER_OF_THE_ROLLS.html   (830 words)

  
 Judicature Act 1873 -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-09)
The Judicature Act 1873 was a law passed by the British Parliament in 1873.
It reorganized the English court system to establish the High Court and the Court of Appeal.
Thus the United Kingdom retains to this day the strange system by which the Upper House of its Parliament was also one of the country's highest courts.
www.absoluteastronomy.com /encyclopedia/j/ju/judicature_act_1873.htm   (303 words)

  
 Judicature Act 1873 - Encyclopedia Glossary Meaning Explanation Judicature Act 1873   (Site not responding. Last check: 2007-10-09)
Judicature Act 1873 - Encyclopedia Glossary Meaning Explanation Judicature Act 1873.
Here you will find more informations about Judicature Act 1873.
The orginal Judicature Act 1873 article can be editet
www.encyclopedia-glossary.com /en/Judicature-Act-1873.html   (420 words)

  
 Queen's Bench Act (Repealed)
(4) Where a proceeding pursuant to an Act is brought in the Provincial Court of Saskatchewan prior to a designation pursuant to clause (2)(a), the Provincial Court retains jurisdiction pursuant to the Act for the purpose of continuing to hear and determine that proceeding.
Transfer of proceedings 23.21(1) A proceeding pursuant to an Act that is commenced in the Provincial Court of Saskatchewan in a place or area designated pursuant to clause 23.2(2)(a) prior to that designation is to be transferred, on the request of a party, to the Family Law Division at the nearest judicial centre.
This subsection does not apply to a general consolidation and revision of the rules, but a notice of the promulgation of the consolidated and revised rules shall be published in the Gazette and shall state a date, subsequent to such publication, on which the rules shall come into force.
www.canlii.org /sk/laws/sta/q-1/20041105/whole.html   (4660 words)

  
 Supreme Court - FUSION: FALLACY, FUTURE OR FINISHED?: Lawlink NSW   (Site not responding. Last check: 2007-10-09)
In any event, Judicature Acts are only constitutional in nature if you choose to treat them that way; and all Constitutions would surprise their founders more than a century after promulgation.
Its statutory parent was the New South Wales Act 1823.[28] The 1823 Act declared it lawful for the King to establish a court of judicature styled "the Supreme Court of New South Wales".
But it was or should have been equally clear that the Judicature Act did not forbid the continuing development of law and equity, including development in the direction of integration of principles, if the single Court otherwise considered this an appropriate application of earlier precedents.
www.cso.nsw.gov.au /sc\sc.nsf/pages/mason_161204   (14761 words)

  
 maritime law. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-10-09)
The Judicature Act of 1873 abolished these courts and assigned their functions to the high court of justice.
In the United States the Constitution gives the federal courts authority in “all cases of admiralty and maritime jurisdiction.” This jurisdiction covers all maritime contracts, torts, injuries or offenses, and questions of prize.
In cases of collision at sea, the parties may under the Judiciary Act of 1789 bring suits at common law; otherwise all maritime cases come to the federal courts.
www.bonus.com /contour/bartlettqu/http@@/www.bartleby.com/65/ma/maritime.html   (389 words)

  
 James Oldham | A Profusion of Chancery Reform | Law and History Review, 22.3 | The History Cooperative
In England the crucial procedural event, marking the end of a bumpy journey of at least four decades of fits and starts, was the Judicature Act 1873.
This piecemeal process continued, culminating in the Judicature Acts 1873 and 1875.
Lobban escorts the reader through a near-impenetrable nineteenth-century parliamentary forest, emerging on the threshold of the 1873 Judicature Act.
www.historycooperative.org /journals/lhr/22.3/comment_oldham.html   (1944 words)

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