The Law and Practice of the Supreme Court of Judicature, Comprising the Supreme Court of Judicature Act, 1873: Supreme Court of Judicature (commencement) Act, 1874, Rules of Court, Notes, Statutes Referred To, and a Very Copious Index

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Butterworths, 1874 - Civil procedure - 428 pages
 

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Contents

Assignment of certain business to particular Divisions of High
34
Court subject to Rules 35 Option for any Plaintiff subject to Rules to choose in what Division he will sue 36 Power of transfer
36
Sittings in London and Middlesex and on Circuits
37
Rota of Judges for election petitions
38
Powers of one or more Judges not constituting a Divisional Court
39
Divisional Courts of the High Court of Justice
40
Divisional Courts for business of Queens Bench Common Pleas and Exchequer Divisions
41
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
42
Divisional Courts for business of the Chancery Division
43
Divisional Courts for business belonging to the Division
44
Appeals from inferior Courts to be determined by Divisional Courts
45
Cases and points may be reserved for or directed to be argued before Divisional Courts
46
Provision for Crown cases reserved
47
Motions for new trials to be heard by Divisional Courts
48
What orders shall not be subject to Appeal
49
As to discharging orders made in Chambers
50
Provision for absence or vacaney in the office of a Judge
51
Power of a single Judge in Court of Appeal
52
Divisional Courts of Court of Appeal
53
Judges not to sit on appeal from their own judgments
54
Arrangements for business of Court of Appeal and for hearing Appeals transferred from the Judicial Committee of the Privy Council Part IV Trial an...
55
References and assessors
56
Power to direct trials before Referees
57
Power of Referees and effect of their findings
58
Powers of Court with respect to proceedings before Referees
59
Her Majesty may establish District Registries in the coun for the Supreme Court
60
Seals of District Registries
61

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Page 21 - 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 20 - ... the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the Law of Bankruptcy with respect to the estates of persons adjudged bankrupt...
Page 279 - ... a Court or a judge. (5. 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.
Page 17 - ... relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim pursuant to any...
Page 21 - ... (subject to all equities which would have been entitled to priority over the right of the assignee if this 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...
Page 80 - ... unless in the opinion of the court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Page 76 - ... the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the court or judge may think reasonable...
Page 68 - 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...
Page 63 - shall include any action suit or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by the Crown. " Suit " shall include action. " Action " shall mean a civil proceeding commenced by writ, or in such other manner as may be prescribed by rules of Court, and shall not include a criminal proceeding by or in the name of the Crown.
Page 171 - ... if it shall find that the petitioner has during the marriage been guilty of adultery, or if the petitioner shall, in the opinion of the court, have been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct as has conduced to the adultery.

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