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Topic: Judicature Acts


In the News (Mon 13 Oct 08)

  
  Judicature Acts - LoveToKnow 1911   (Site not responding. Last check: 2007-11-04)
JUDICATURE ACTS, an important series of English statutes having for their object the simplification of the system of judicature in its higher branches.
By the act of 1873 the court of chancery, the court of queen's (king's) 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 Supreme' Court of Judicature (sec.
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.
97.1911encyclopedia.org /J/JU/JUDICATURE_ACTS.htm   (1819 words)

  
 JUDICATURE ACTS - Online Information article about JUDICATURE ACTS   (Site not responding. Last check: 2007-11-04)
House of Lords, but in the act of 1873 the appeal to the House of Lords was abolished.
England, to whom, by the 25th section of the Judicature Act 1881, all the statutory jurisdiction of the chief baron and the chief justice of the common pleas was transferred.
keystone of the structure created by the Judicature Acts was a strong court of appeal.
encyclopedia.jrank.org /JEE_JUN/JUDICATURE_ACTS.html   (2746 words)

  
 ATI Related Acts - Ministry of Justice Jamaica   (Site not responding. Last check: 2007-11-04)
This Act embodies the Agreement establishing the Council of Legal Education for the Caribbean region.  The Agreement led to law being taught at the regional universities and the establishment of law schools.
A Judge of the Supreme Court sitting in the Circuit Court of a parish is constituted as the Appeal court for the purpose of hearing appeals from decisions of justices of the peace sitting in a court of Petty Sessions.
This Act was passed n 1979 to reduce the age of majority from 21 to 18.  Henceforth all persons upon attaining the age of 18 year are of full age and capacity.
www.moj.gov.jm /ati_rel_acts   (2680 words)

  
 The winners make the laws.   (Site not responding. Last check: 2007-11-04)
- The provisions of the Act of Settlement and of 1 Geo.
The constabulary may act in any part of Ireland, and additional constabulary may be ordered into any district on the certificate of justices, or when a district is proclaimed, or on the memorial of a town council or town commissioners, or for the prevention of illicit distillation.
Brooke, 1885, 16 L. The provisions of the Act as to improvements are complicated, and attained considerable importance in administering the Act of 1881.
www.eiretek.org /chapters/books/General/law.htm   (14884 words)

  
 Judicature acts   (Site not responding. Last check: 2007-11-04)
Court demonstrated clear acts of sedition against the State which includes Governments established by law including legislature, judicature and executive, is...
The Supreme Court of Judicature Act 1873 (36 & 37 Vict.
Before the Acts were passed, both Common Law and Equity courts were in disarray.
publicliterature.org /en/wikipedia/j/ju/judicature_acts.html   (369 words)

  
 Will (law) - Questionz.net , answers to all your questions   (Site not responding. Last check: 2007-11-04)
The earliest on the statute roll is an act of Henry III (1236), enabling a widow to bequeath the crops of her lands.
By an act passed in 1868 the existing exemptions are extended to the sum of £100 in the case of civil service pay or annuities, of civil or military allowances chargeable to the army votes, and of army prize money.
Another act passed on the same day, the Domicile Act 1861, enacted that by convention with any foreign government foreign domicil with regard to wills could not be acquired by a testator without a year's residence and a written declaration of intention to become domiciled.
www.questionz.net /Genealogy/Will_law.html   (6199 words)

  
 Learn more about Common law in the online encyclopedia.   (Site not responding. Last check: 2007-11-04)
The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts.
Today common law is generally thought of as applying only to civil disputes; originally it encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century.
In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict.
www.onlineencyclopedia.org /c/co/common_law.html   (1802 words)

  
 Supreme Court of Judicature Act 1873 - Wikipedia, the free encyclopedia
Acts of Parliament of the Kingdom of England to 1659
Acts of Parliament of the Kingdom of England to 1699
The Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873.
en.wikipedia.org /wiki/Judicature_Act_1873   (436 words)

  
 procedure. The Columbia Encyclopedia, Sixth Edition. 2001-05
The issue is one of law if the defendant denies that the alleged acts are a violation of substantive law entitling the plaintiff to relief; it is one of fact if the defendant denies committing any of the alleged acts.
Rigorous enforcement of the rule “no writ, no right,” and the small number of available writs acted to deny relief even in meritorious cases and stimulated the growth of equity, which, in its early days, gave redress generously.
The way was led by the New York code of civil procedure of 1848 (largely the work of David Dudley Field), which abolished the distinction between law and equity (thereby effecting great simplification) and established the cause of action as the procedural cornerstone.
www.bartleby.com /65/pr/procedur.html   (609 words)

  
 Official Web Site for the Judicial Service of the Republic of Ghana   (Site not responding. Last check: 2007-11-04)
AN ACT to incorporate into the law relating to the courts, the provisions of chapter eleven of the Constitution; to provide for the jurisdiction of Regional Tribunals; to establish lower courts and tribunals, provide for their composition and jurisdiction; to consolidate and reenact the Courts Act, 1971 and to provide for connected purposes.
The Courts Act, 1993 (Act 459) as amended and referred to in this Act as the "principal enactment" is further amended by the substitution for subsections (3) and (4) of section 11 of the following:
(Act 183), a claim in the nature of salvage for services rendered to a ship (including services rendered in saving life from a ship), whether rendered on the high seas or within the territorial waters, and whether a wreck in respect of which the salvage is claimed is found on sea or land;
www.judicial.gov.gh /library_services/acts_decrees/court_acts.htm   (9583 words)

  
 [No title]
The jury is composed of members of the Federal Judicature Council, circuit court or district court ratified magistrates and judges, and a member of the Institute's Academic Committee./25 5.
The Judicature's Council has seven members: the Chairman of the Superior Court of Justice, who also heads the Council; three members elected by ballot, one magistrate, one first instance judge, and one peace judge; one appointee of the Chief of the government; and two appointees of the Legislative Assembly.
Accountability The State Judicature Council is the Court's unit empowered for surveillance and discipline of the performance or public officials.
www.ojp.usdoj.gov /bjs/pub/ascii/wfcjsmx.txt   (17287 words)

  
 Joshua Getzler | Chancery Reform and Law Reform | Law and History Review, 22.3 | The History Cooperative
Lord Selborne and Lord Cairns, the authors of the Judicature Acts, believed that all sense of a separate Chancery jurisdiction would quickly melt away within a fused system, but their legal peers falsified their hopes.
This is the era of the rise of "officialism" or state-led coordination and resolution of conflicts.
What is next needed is a study of the doctrinal interaction between the systems before and immediately after the Judicature Acts in order to judge what was gained and what was lost by that reform.
www.historycooperative.org /journals/lhr/22.3/comment_getzler.html   (3301 words)

  
 The Shantha Rohan [1994] LKCA 9; (1994) 3 Sri L.R. 54 (1 Januar 1994)   (Site not responding. Last check: 2007-11-04)
This Act empowered the Colonial legislature to declare any court of unlimited civil jurisdiction, whether original or appellate, to be a Colonial Court of Admiralty and to provide for the exercise by such Court of its jurisdiction, and to confer upon any inferior or subordinate court a partial or limited admiralty jurisdiction.
The Judicature Act by section 13 (2) then provided as follows: "The admiralty jurisdiction vested in the High Court shall be as provided by law for the time being in force".
The submission that the preamble to this Act is relevant to construe the words in section 13(2) of the Judicature Act as recognising an existing substantive law is untenable, as there was no written law at this time relating to admiralty jurisdiction which needed to be amended or consolidated.
www.austlii.edu.au /~andrew/CommonLII/LKCA/1994/9.html   (4450 words)

  
 Equity
In the U.S. today, the federal courts and most state courts have combined both functions in the same courts, so a plaintiff can get legal and equitable relief in one proceeding.
This reflects the position in England where the fusion of law and equity was substantially effected by the Judicature Acts 1873-1875.
Delaware, however, still has separate courts for law and equity -- and its Court of Chancery is where most cases involving Delaware corporations are decided, so it shapes corporation law for the whole country -- and some other states have separate divisions for legal and equitable matters in a single court.
www.ebroadcast.com.au /lookup/encyclopedia/eq/Equity.html   (495 words)

  
 Breckwoldt & Co (NG) Pty Ltd v Gnoyke (No 1) [1974] PNGLR 106 (30 June 1974)
This Act is in identical terms to the English Judicature Acts (36 and 37 Vic.
This is one of the cardinal principles of the Judicature Acts, and it is set forth in the Act of 1873, s.
 was, of course, decided before the Judicature Acts; and because of the separation of the Courts of Equity and Law, and the rules of pleading, many matters which, since the Judicature Acts, may be decided in the one action, were of necessity, brought in different actions and different courts.
www.worldlii.org /pg/cases/PNGLR/1974/106.html   (9303 words)

  
 Judicature Fee Stamps
As the result of a number of Supreme Court of Judicature Acts of 1873 to 1875, the powers of the Admiralty, Chancery, Common Law, Matrimonial Causes and Probate were combined into a unified system.
Judicature fees continued to be used until well into the reign of Queen Elizabeth II until decimalisation took place in February 1972 at which point the stamps were replaced with "Insolvency" stamps.
Although the Judicature issues were never postally valid, postally used examples can be found although such usage is extremely rare.
www.useless.connectfree.co.uk /revenue/judicat/judicat.htm   (215 words)

  
 Supreme Court - FUSION: FALLACY, FUTURE OR FINISHED?: Lawlink NSW   (Site not responding. Last check: 2007-11-04)
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.lawlink.nsw.gov.au /sc\sc.nsf/pages/mason_161204   (14761 words)

  
 Eastern Book Company - Practical Lawyer
To control the acts and decisions of Government departments and administrative bodies under the authority of a law passed by Parliament, the courts have created a new body of principles that has come to be called administrative law, but is a part of the common law technique forged by the judges."
The courts have to interpret the provisions of this Act, and in the course of interpretation have built up a set of principles which has come to be called industrial jurisprudence.
Then again, the personal laws of Hindus and Muslims and other communities and the enforcement of ancient rights and obligations under these laws in rapidly changing social conditions create problems for the solution of which the common law techniques may not be effective.
www.ebc-india.com /lawyer/articles/77v2a3.htm   (1507 words)

  
 Common law   (Site not responding. Last check: 2007-11-04)
The common law as in civil cases (as distinct from criminal cases) was devised as a means compensating someone for wrongful acts known as torts including both intentional torts and torts by negligence and as developing the body of recognizing and regulating contracts.
Today common law is generally thought as applying only to civil disputes ; originally it encompassed the criminal law criminal codes were adopted in most common law jurisdictions in the late 19th century.
A famous is the fictional case of Jarndyce and in Bleak House by Charles Dickens.
www.freeglossary.com /Common_law   (1841 words)

  
 Watt v Westhoven [1933] VLR 458
The Sale of Goods Act [s.59(2)] is clear: it is idle to suggest that Chalmers and the Law Lords on the Select Committee used “the rules of the common law” other than technically.
The argument that it does rests on the Judicature Acts, but equity never claimed jurisdiction in sales of goods.
I think the answer lies in [s59(2)] which says ‘common law’, that is, law administered in the Common Law courts prior to the Judicature Acts.
law2.biz.uwa.edu.au /lproksch/Cases/Watt.htm   (598 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)

  
 Ghana Judicial Services Website   (Site not responding. Last check: 2007-11-04)
In 1972, the Supreme Court was again abolished, this time by the National Redemption Council (N.R.C.), the military government that followed that of the Second Republic, reasoning that, with the suspension of the 1969 Constitution, there was no need for a court to interpret and enforce it.
All citizens as guardians of the Constitution have the right and unimpeded access to the Courts to challenge any acts of the President, Parliament or any other body public or private which are inconsistent with the provisions of the Constitution.
In furtherance of the principle of Independence of the Judiciary, the administration of Judiciary shall be independent of executive control and the institution of public and customary tribunal approved by Parliament.
www.judicial.gov.gh /history/summary.htm   (1115 words)

  
 ALLIED IRISH COAL SUPPLIES LTD v POWELL DUFFRYN INTERNATIONAL FUELS LTD   (Site not responding. Last check: 2007-11-04)
The allegation, implicit in that relief, that plc would be liable in contract or in tort as a result of the acts of its agents is clearly a new cause of action.
It never was intended that the company to be constituted should consist of one substantial person and six mere dummies, the nominees of that person, without any real interest in the company.
The Act contemplated the incorporation of seven independent bona fide members, who had a mind and a will of their own, and were not the mere puppets of an individual who, adopting the machinery of the Act, carried on his old business in the same way as before, when he was a sole trader.
www.ucc.ie /law/irlii/cases/alliedirishcoals_e.htm   (3014 words)

  
 The Courts of Tennessee
In England, prior to the Judicature Acts of 1925 (whereby the court was supersede by the chancery Division), the style of the court possessing the largest equitable powers was the "High Court of Chancery." By the Supreme Court of Judicature Act, 1925, all three divisions of High Court administer both law and equity.
The county of Sulivan was created under the authority of the 1779 Acts of North-Carolina, Chapter XXIX by the division of the county of Washington.
The county of Green was created under the authority of the 1783 Acts of North-Carolina, Chapter LI by the division of the county of Washington.
www.lewisdt.com /research/tennesseecourts.html   (16906 words)

  
 Policing in St. John's, 1806-1871
This lack of authority resulted from confusion over which of the criminal laws of England applied to Newfoundland - a confusion that persisted even though the Judicature Acts of 1791 and 1824 gave the Supreme Court of Newfoundland authority to hear all crimes and misdemeanours.
Before this change publicans had occasionally acted as constables and in 1806 this service had been made the condition of obtaining a license.
The legal impediment which the publicans had taken advantage of in 1822 was removed by Section 34 of the 1824 Judicature Act.
www.ucs.mun.ca /~melbaker/policing.htm   (2945 words)

  
 governpub.com: Law>>Common law
The form of reasoning used in common law is known as casuistry or case-based reasoning.
Today common law is generally thought of as applying only to civil disputes; originally it encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century, although many criminal codes reflect legislative attempts to codify the common law.
In the United States, parallel systems of law (providing money damages) and equity (fashioning a remedy to fit the situation) survived well into the 20th century in most jurisdictions.
www.governpub.com /law/common.html   (2234 words)

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