APPENDIX I.

STATUTES.

PART I.

STATUTES RELATING TO PROCEDURE AND JURISDICTION.

THE SUPREME COURT OF JUDICATURE ACT, 1873.* 36 & 37 VICT. CAP. 66.

PART I.

Constitution and Judges of Supreme Court.

3. From and after the time appointed for the commencement of J. A. 1873. this Act, the several Courts hereinafter mentioned (that is to say), the High Court of Chancery of England, the Court of Queen's Bench, Union of the Court of Common Pleas at Westminster, the Court of Exchequer, Courts into existing the High Court of Admiralty, the Court of Probate, the Court for one Divorce and Matrimonial Causes, shall be united and consolidated Supreme together, and shall constitute, under and subject to the provisions of this Act, one Supreme Court of Judicature in England.

Court.

a Court of

4. The said Supreme Court shall consist of two permanent divisions, Division of Supreme one of which, under the name of "Her Majesty's High Court of Court into a Justice," shall have and exercise original jurisdiction, with such appel- Court of late jurisdiction from inferior Courts as is hereinafter mentioned, and original and the other of which, under the name of "Her Majesty's Court of appellate Appeal," shall have and exercise appellate jurisdiction, with such jurisdiction. original jurisdiction as hereinafter mentioned as may be incident to the determination of any appeal.

Constitution of High

5. Her Majesty's High Court of Justice shall be constituted as follows: the Judges thereof shall be (inter alias) the Judge of the Court of High Court of Admiralty.

Every Judge who shall be appointed to fill the place of any other Judge of the said High Court of Justice shall be styled in his appointment "Judge of her Majesty's High Court of Justice," and shall be

* So much only of this Act is inserted as touches directly the jurisdiction and composition of the Admiralty Division.

Justice.

J. A. 1873. appointed in the same manner in which the Puisne Justices and Junior Barons of the Superior Courts of Common Law have been heretofore appointed.

All the Judges of the said Court shall have in all respects, save as in this Act is otherwise expressly provided, equal power, authority, and jurisdiction; and shall be addressed in the manner which is now customary in addressing the Judges of the Superior Courts of Common Law.

Jurisdiction
of High
Court of
Justice.

Jurisdiction transferred

to Court of Appeal.

Appeals

Court.

PART II.

Jurisdiction and Law.

16. The High Court of Justice shall be a Superior Court of Record, and, subject as in this Act mentioned, there shall be transferred to and vested in the said High Court of Justice the jurisdiction which, at the commencement of this Act, was vested in, or capable of being exercised by (among others),

(5.) The High Court of Admiralty.

The jurisdiction by this Act transferred to the High Court of Justice shall include (subject to the exceptions hereinafter contained) the jurisdiction which, at the commencement of this Act, was vested in, or capable of being exercised by, all or any one or more of the Judges of the said Courts respectively, sitting in Court or Chambers, or elsewhere, when acting as Judges or Judge, in pursuance of any statute, law, or custom, and all powers given to any such Court, or to any such Judges or Judge, by any statute; and also all ministerial powers, duties, and authorities, incident to any and every part of the jurisdictions so transferred.

18. The Court of Appeal established by this Act shall be a Superior Court of Record, and there shall be transferred to and vested in such Court all jurisdiction and powers of the Courts following (that is to say): (inter alia)—

(5.) All jurisdiction vested in or capable of being exercised by her Majesty in Council, or the Judicial Committee of her Majesty's Privy Council, upon appeal from any judgment or order of the High Court of Admiralty.

19. The said Court of Appeal shall have jurisdiction and power to from High hear and determine appeals from any judgment or order, save as hereinafter mentioned, of her Majesty's High Court of Justice, or of any Judges or Judge thereof, subject to the provisions of this Act, and to such rules and orders of Court for regulating the terms and conditions on which such appeals shall be allowed, as may be made pursuant to this Act.

Power to transfer

For all the purposes of and incidental to the hearing and determination of any appeal within its jurisdiction, and the amendment, execution, and enforcement of any judgment or order made on any such appeal, and for the purpose of every other authority expressly given to the Court of Appeal by this Act, the said Court of Appeal shall have all the power, authority, and jurisdiction by this Act vested in the High Court of Justice.

21. It shall be lawful for her Majesty, if she shall think fit, at any time hereafter by Order in Council to direct that all appeals and

Council.

petitions whatsoever to her Majesty in Council, which according to J. A. 1873. the laws now in force ought to be heard by or before the Judicial jurisdiction Committee of her Majesty's Privy Council, shall, from and after a of Judicial time to be fixed by such order, be referred for hearing to and be Committee heard by her Majesty's Court of Appeal; and from and after the by Order in time fixed by such order, all such appeals and petitions shall be referred for hearing to and be heard by the said Court of Appeal accordingly, and shall not be heard by the said Judicial Committee; and for all the purposes of and incidental to the hearing of such appeals or petitions, and the reports to be made to her Majesty thereon, and all orders thereon to be afterwards made by her Majesty in Council, and also for all purposes of and incidental to the enforcement of any such orders as may be made by the said Court of Appeal or by her Majesty, pursuant to this section (but not for any other purpose), all the power, authority, and jurisdiction now by law vested in the said Judicial Committee shall be transferred to and vested in the said Court of Appeal.

business.

22. From and after the commencement of this Act the several Transfer of jurisdictions which by this Act are transferred to and vested in the pending said High Court of Justice and the said Court of Appeal respectively, shall cease to be exercised, except by the said High Court of Justice and the said Court of Appeal respectively, as provided by this Act; and no further or other appointment of any Judge to any Court whose jurisdiction is so transferred shall be made except as provided by this

Act.

exercise of

23. The jurisdiction by this Act transferred to the said High Court Rules as to of Justice and the said Court of Appeal respectively shall be exer- jurisdiction. cised (so far as regards procedure and practice) in the manner provided by this Act, or by such rules and orders of Court as may be made pursuant to this Act: and where no special provision is contained in this Act, or in any such rules or orders of Court with reference thereto, it shall be exercised as nearly as may be in the same manner as the same might have been exercised by the respective Courts from which such jurisdiction shall have been transferred, or by any of such Courts.

concur

ministered.

24. In every civil cause or matter commenced in the High Court Law and of Justice law and equity shall be administered by the High Court equity to be of Justice and the Court of Appeal respectively according to the rules rently adfollowing: (1.) If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim whatsoever asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which heretofore could only have been given by a Court of Equity, the said Courts respectively, and every Judge thereof, shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the Court of Chancery in a suit or proceeding for the same or the like purpose properly instituted before the passing of this Act.

(2.) If any defendant claims to be entitled to any equitable estate
or right, or to relief upon any equitable ground against any

J. A. 1873,

deed, instrument, or contract, or against any right, title, or
clain asserted by any plaintiff or petitioner in such cause or
matter, or alleges any ground of equitable defence to any
claim of the plaintiff or petitioner in such cause or matter,
the said Courts respectively, and every Judge thereof, shall
give to every equitable estate, right, or ground of relief so
claimed, and to every equitable defence so alleged, such and
the same effect, by way of defence against the claim of such
plaintiff or petitioner, as the Court of Chancery ought to
have given if the same or the like matters had been relied
on by way of defence in any suit or proceeding instituted in
that Court for the same or the like purpose before the
passing of this Act.

(3.) The said Courts respectively, and every Judge thereof, shall
also have power to grant to any defendant in respect of any
equitable estate or right, or other matter of equity, and also
in respect of any legal estate, right, or title claimed or
asserted by him, all such relief against any plaintiff or
petitioner as such defendant shall have properly claimed by
his pleading, and as the said Courts respectively, or any
Judge thereof, might have granted in any suit instituted for
that purpose by the same defendant against the same plain-
tiff or petitioner; and also all such 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 rule of Court or any order of
the Court, as might properly have been granted against such
person if he had been made a defendant to a cause duly
instituted by the same defendant for the like purpose; and
every person served with any such notice shall thenceforth
be deemed a party to such cause or matter, with the same
right in respect of his defence against such claim as if he
had been duly sued in the ordinary way by such defen-
dant.
(4.) The said Courts respectively, and every Judge thereof, shall
recognise and take notice of all equitable estates, titles, and
rights, and all equitable duties and liabilities appearing
incidentally in the course of any cause or matter, in the
same manner in which the Court of Chancery would have
recognised and taken notice of the same in any suit or
proceeding duly instituted therein before the passing of this
Act.

(5.) No cause or proceeding at any time pending in the High
Court of Justice, or before the Court of Appeal, shall be
restrained by prohibition or injunction; but every matter
of equity on which an injunction against the prosecution of
any such cause or proceeding might have been obtained, if
this Act had not been passed, either unconditionally or on
any terms or conditions, may be relied on by way of defence
thereto Provided always, that nothing in this Act contained
shall disable either of the said Courts from directing a stay

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