J. A. 1873. Justice, or from which an appeal is hereby given to the said Court of Appeal, or any person who having been a district registrar of the Court of Probate, or of the Admiralty Court, shall under this Act become and be a district registrar of the said High Court of Justice, or who shall hereafter be appointed such district registrar, shall and may be a district registrar of the said High Court for the purpose of issuing such writs as aforesaid, and having such proceedings taken before him as are hereinafter mentioned. This section shall come into operation immediately upon the passing of this Act. Seals of district registries. Power of district 61. In every such district registry such seal shall be used as the Lord Chancellor shall from time to time, either before or after the time fixed for the commencement of this Act, direct, which seal shall be impressed on every writ and other document issued out of or filed in such district registry; and all such writs and documents, and all exemplifications and copies thereof, purporting to be sealed with the seal of any such district registry, shall in all parts of the United Kingdom be received in evidence without further proof thereof. 62. All such district registrars shall have power to administer oaths registrars. and perform such other duties in respect of any proceedings pending in the said High Court of Justice or in the said Court of Appeal as may be assigned to them from time to time by rules of Court, or by any special order of the Court. Proceedings to be taken in district registries. arrest of ship, &c. 64. Subject to the rules of Court in force for the time being, writs of summons for the commencement of actions in the High Court of Justice shall be issued by the district registrars when thereunto required; and unless any order to the contrary shall be made by the High Court of Justice or by any Judge thereof, all such further proIncluding ceedings, including proceedings for the arrest or detention of a ship, her tackle, apparel, furniture, cargo, or freight, as may and ought to be taken by the respective parties to such action in the said High Court, down to and including entry for trial, or (if the plaintiff is entitled to sign final judgment or to obtain an order for an account by reason of the non-appearance of the defendant) down to and including final judgment, or an order for an account, may be taken before the district registrar, and recorded in the district registry, in such manner as may be prescribed by rules of Court; and all such other proceedings in any such action as may be prescribed by rules of Court shall be taken, and if necessary may be recorded in the same district registry. Power for move pro ceedings from district registries. 65. Any party to an action in which a writ of summons shall have Court to re- been issued from any such district registry shall be at liberty at any time to apply, in such manner as shall be prescribed by rules of Court, to the said High Court, or to a Judge at Chambers of the division of the said High Court to which the action may be assigned, to remove the proceedings from such district registry into the proper office of the said High Court; and the Court or Judge may, if it be thought fit, grant such application, and in such case the proceedings and such original documents, if any, as may be filed therein shall upon receipt of such order be transmitted by the district registrar to the proper office of the said High Court, and the said action shall thenceforth proceed in the said High Court in the same manner as if it had been originally commenced by a writ of summons issued out of the proper office in London; or the Court or Judge, if it be thought right, may thereupon direct that the proceedings may con- J. A. 1873. tinue to be taken in such district registry. district 66. It shall be lawful for the Court, or any Judge of the division Accounts and inquito which any cause or matter pending in the said High Court is ries may be assigned, if it shall be thought fit, to order that any books or docu- referred to ments may be produced, or any accounts taken or inquiries made, in registrars. the office of or by any such district registrar as aforesaid; and in any such case the district registrar shall proceed to carry all such directions into effect in the manner prescribed; and in any case in which any such accounts or inquiries shall have been directed to be taken or made by any district registrar, the report in writing of such district registrar as to the result of such accounts or inquiries may be acted upon by the Court, as to the Court shall seem fit. liament Courts to be 76. All Acts of Parliament relating to the several Courts and Acts of ParJudges whose jurisdiction is hereby transferred to the said High relating to Court of Justice and the said Court of Appeal respectively, or former wherein any of such Courts or Judges are mentioned or referred to, cous shall be construed and take effect, so far as relates to anything done applying to or to be done after the commencement of this Act, as if the said Courts High Court of Justice or the said Court of Appeal, and the Judges Act. thereof, respectively, as the case may be, had been named therein instead of such Courts or Judges whose jurisdiction is so transferred respectively. under this PART VI. Jurisdiction of Inferior Courts. Council to 88. It shall be lawful for her Majesty from time to time by Order Power by in Council to confer on any inferior Court of civil jurisdiction the Order int same jurisdiction in Admiralty as any County Court now has, or confer jurismay hereafter have, and such jurisdiction, if and when conferred, diction on shall be exercised in the manner by this Act directed. inferior Courts. Courts 89. Every inferior Court which now has or which may after the Powers of passing of this Act have jurisdiction in equity, or at law and in inferior equity, and in Admiralty respectively, shall, as regards all causes of having action within its jurisdiction for the time being, have power to grant, Equity and and shall graut in any proceeding before such Court, such relief, Admiralty jurisdiction. redress, or remedy, or combination of remedies, either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counter-claim, equitable or legal (subject to the provision next hereinafter contained), in as full and ample a manner as might and ought to be done in the like case by the High Court of Justice. claims in therefrom. 90. Where in any proceeding before any such inferior Court any Counter. defence or counter-claim of the defendant involves matter beyond inferior the jurisdiction of the Court, such defence or counter-claim shall not Courts, and affect the competence or the duty of the Court to dispose of the whole transfers matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the Court has jurisdiction to administer shall be given to the defendant upon any such counter-claim: Provided always, that in such case it shall be lawful for the High Court, or any division or Judge thereof, if it J. A. 1873. shall be thought fit, on the application of any party to the proceeding, to order that the whole proceeding be transferred from such inferior Court to the High Court, or to any division thereof; and in such case the record in such proceeding shall be transmitted by the registrar, or other proper officer of the inferior Court, to the said High Court; and the same shall thenceforth be continued and prosecuted in the said High Court as if it had been originally commenced therein. Rules of law to apply to inferior Courts. Transfer of books and papers to Supreme Court. Interpreta tion of terms. 91. The several rules of law enacted and declared by this Act shall be in force and receive effect in all Courts whatsoever in England, so far as the matters to which such rules relate shall be respectively cognizable by such Courts. PART VII. Miscellaneous Provisions. 92. All books, documents, papers, and chattels in the possession of any Court, the jurisdiction of which is hereby transferred to the High Court of Justice or to the Court of Appeal, or of any officer or person attached to any such Court, as such officer, or by reason of his being so attached, shall be transferred to the Supreme Court, and shall be dealt with by such officer or person in such manner as the High Court of Justice or the Court of Appeal may by order direct; and any person failing to comply with any order made for the purpose of giving effect to this section shall be guilty of a contempt of the Supreme Court. 100. In the construction of this Act, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned shall have, or include, the meanings following; (that is to say,) "Rules of Court" shall include forms. "Cause" 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 "Defendant" shall include every person served with any writ of "Party" shall include every person served with notice of, or attending any proceeding, although not named on the record. "Matter" shall include every proceeding in the Court not in a J. A. 1875. cause.. Pleading" shall include any petition or summons, and also shall and of the reply of the plaintiff to any counter-claim of a Judgment" shall include decree. "Order" shall include rule. "Oath" shall include solemn affirmation and statutory declara- "Pension" shall include retirement and superannuation allow ance. "Existing" shall mean existing at the time appointed for the THE SUPREME COURT OF JUDICATURE ACT, 1875. 38 & 39 VICT. Cap. 77. 8. Whereas by section eleven of the principal Act it is provided as J. A. 1875. follows: Every existing Judge who is by this Act made a Judge of the High Court of Justice or an ordinary Judge of the Court of Admiralty Judges and Appeal shall, as to tenure of office, rank, title, salary, pension, registrar. patronage, and powers of appointment or dismissal, and all other privileges and disqualifications, remain in the same condition as if this Act had not passed; and, subject to the change effected in their jurisdiction and duties by or in pursuance of the provisions of this Act, each of the said existing Judges shall be capable of performing and liable to perform all duties which he would have been capable of performing or liable to perform in pursuance of any Act of Parliament, law, or custom if this Act had not passed. No Judge appointed before the passing of this Act shall be required to act under any commission of assize, nisi prius, oyer and terminer, or gaol delivery, unless he was so liable by usage or custom at the commencement of this Act:" And whereas the Judge of the High Court of Admiralty is by the principal Act appointed a Judge of the High Court of Justice: And whereas such Judge is, as to salary and pension, inferior in position to the other Puisne Judges of the Superior Courts of Common Law, but holds certain ecclesiastical and other offices in addition to the office of Judge of the High Court of Admiralty: And whereas it is expedient that such Judge, if he be willing to relinquish such other offices, should be placed in the same position as to rank, salary, and pension as the other Puisne Judges of the Superior Courts of Common Law: Be it enacted that If the existing Judge of the High Court of Admiralty under his hand signifies to the Lord Chancellor in writing, before the commencement of the principal Act, that he is willing to relinquish such U J. A. 1875 other offices as aforesaid, and does before the commencement of the principal Act resign all other offices of emolument held by him except the office of Judge of the High Court of Admiralty, he shall, from and after the commencement of the principal Act, be entitled to the same rank, salary, and pension as if he had been appointed a Judge of the High Court of Justice immediately on the commencement of the prizcipal Act, with this addition, that, in reckoning service for the purposes of his pension, his service as a Judge of the High Court of Admiralty shall be reckoned in the same manner as if the High Court of Justice had been established at the time of his accepting the office of Judge of the High Court of Admiralty, and he had continued from such time to be a Judge of the said High Court of Justice. Provision as to option for any plaintiff (subject to rules) to The present holder of the office of registrar of her Majesty in Ecclesiastical and Admiralty causes shall, as respects any appeals in which he would otherwise be concerned coming within the cognizance of the Court of Appeal, be deemed to be an officer attached to the Supreme Court; and the office, so far as respects the duties in relation to such appeals as aforesaid, shall be deemed to be a separate office within the meaning of section seventy-seven of the principal Act, and may be dealt with accordingly. He shall be entitled, in so far as he sustains any loss of emoluments by or in consequence of the principal Act or this Act, to prefer a claim to the Treasury in the same manner as an officer paid out of fees whose emoluments are affected by the passing of the principal Act is entitled to do under section eighty of the principal Act. Subject as aforesaid, the person who is at the time of the passing or this Act registrar of her Majesty in Ecclesiastical and Admiralty causes shall, notwithstanding anything in the principal Act or this Act, have the same rank and hold his office upon the same tenure and upon the same terms and conditions as heretofore; but it shall be lawful for her Majesty by Order in Council made upon the recommendation of the Lord Chancellor, with the concurrence of the Treasury, to make, notwithstanding anything contained in any Act of Parliament, such arrangements with respect to the duties of the said last-mentioned office, either by abolition thereof or otherwise, as to her Majesty may seem expedient: Provided that such order shall not take effect during the continuance in such office of the said person so being registrar at the time of the passing of this Act, without his assent. Every Judge of the Probate, Divorce, and Admiralty Division of the said High Court of Justice appointed after the passing of this Act shall, so far as the state of business in the said division will admit, share with the Judges mentioned in section thirty-seven of the principal Act the duty of holding sittings for trials by jury in London and Middlesex, and sittings under commissions of assize, oyer and terminer, and gaol delivery. 11. Subject to any rules of Court, and to the provisions of the principal Act and this Act, and to the power of transfer, every person by whom any cause or matter may be commenced in the said High Court of Justice shall assign such cause or matter to one of the divisions of the said High Court as he may think fit, by marking the sion he will document by which the same is commenced with the name of such choose in what divi |