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83. There shall be attached to the Supreme Court permanent Official referees. officers to be called official referees, for the trial of such questions as shall, under the provisions of this Act, be directed to be tried by such referees. The number and the qualifications of the persons to be so appointed from time to time, and the tenure of their offices, shall be determined by the Lord Chancellor, with the concurrence of the Presidents of the Divisions of the High Court of Justice, or a majority of them (of which majority the Lord Chief Justice of England shall be one), and with the sanction of the Treasury. Such official referees shall perform the duties entrusted to them in such places, whether in London or in the country, as may from time to time be directed or authorised by any order of the said High Court or of the Court of Appeal.

84. As to the duties, appointment, and removal of officers of the Supreme Court.

85. As to salaries and pensions of officers.

86. As to patronage not otherwise provided for.

87. From and after the commencement of this Act all persons Solicitors. admitted as solicitors, attorneys, or proctors of or by law empowered to practise in any court the jurisdiction of which is hereby transferred to the High Court of Justice or the Court of Appeal, shall be called solicitors of the Supreme Court, and shall be entitled to the same privileges and be subject to the same obligations, so far as circumstances will permit, as if this Act had not passed.

All persons who from time to time, if this Act had not passed, would have been entitled to be admitted as solicitors, attorneys, or proctors of, or been by law empowered to practice in any such courts, shall be entitled to be admitted, and to be called solicitors of the Supreme Court, and shall be admitted by the Master of the Rolls, and shall, as far as circumstances will permit, be entitled as such solicitors to the same privileges and be subject to the same obligations as if this Act had not passed.

Any solicitors, attorneys, or proctors to whom this section applies shall be deem to be officers of the Supreme Court; and that court, and the High Court of Justice, and the Court of Appeal respectively, or any division or judge thereof, may exercise the same jurisdiction in respect of such solicitors or attorneys as any one of Her Majesty's superior courts of law or equity might, previously to the passing of the Act, have exercised in respect of any solicitor or attorney admitted to practise therein.

PART. VI.-Jurisdiction of Inferior Courts.

88. Power to the Queen from time to time by Order in Council Power to confer to confer on any inferior court of civil jurisdiction, the same inferior courts. jurisdiction on

Powers of

inferior courts

having equity

jurisdiction.

jurisdiction in equity and in admiralty, respectively, as any County Court now has, or may hereafter have, and such jurisdiction, if and when conferred, shall be exercised in the manner by this Act directed.

89. Every inferior court which now has or which may after the passing of this Act have jurisdiction in equity, or at law and and Admiralty in equity, and in admiralty respectively, shall, as regards all causes of action within its jurisdiction for the time being, have power to grant, and shall grant in any proceeding before such court, such relief, 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.

Counter-claim in inferior court.

Rules of law.

Saving as to circuits, &c.

Interpretation of terms.

90. Where in any proceeding before any such inferior court any defence or counter-claim of the defendant involves matter beyond the jurisdiction of the court such defence or counterclaim shall not affect the competence or the duty of the court to dispose of the whole 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 that the High Court or any division or judge thereof, if it shall be thought fit, on the application of any party to the proceeding, may 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.

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.

93. This Act, except as herein is expressly directed, shall not, unless or until other commissions are issued in pursuance thereof, affect the circuit of the judges or the issue of any Commissions of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, or other commissions for the discharge of civil or criminal business on circuit or otherwise.

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,)

"Lord Chancellor" shall include Lord Keeper of the Great Seal.

"The High Court of Chancery" shall include the Lord Chancellor.

"The Court of Appeal in Chancery" shall include the Lord. Chancellor as a judge on rehearing or appeal.

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"The Treasury shall mean the Commissioners of Her Majesty's Treasury for the time being, or any two of them. 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 in such other manner as may be prescribed by rules of court; and shall not include a criminal proceeding by the Crown. "Plaintiff" shall include every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons, or otherwise.

"Petitioner " shall include every person making any application to the court, either by petition, motion, or summons, otherwise than as against any defendant.

"Defendant" shall include every person served with any writ of summons or process, or served with notice of or entitled to attend any proceedings.

"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

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a cause.

Pleading" shall include any petition or summons, and also shall include the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counter-claim of a defendant.

Judgment" shall include decree.

Order" shall include rule.

'Oath" shall include solemn affirmation and statutory declaration.

"Crown Cases Reserved" shall mean such questions of law reserved in criminal trials as are mentioned in the Act of

the eleventh and twelfth years of Her Majesty's reign, chapter seventy-eight.

"Pension" shall include retirement and superannuation allowance.

"Existing" shall mean existing at the time appointed for the commencement of this Act.

Short title, and construction.

Commencement.

Constitution of
Court of Appeal.

The Supreme Court of Judicature Act, 1875.
38 & 39 VICT. c. 77.

1. This Act shall, so far as is consistent with the tenor thereof, be construed as one with the Supreme Court of Judicature Act, 1873 (in this Act referred to as the principal Act), and together with the principal Act, may be cited as "The Supreme Court of Judicature Acts, 1873 and 1875," and this Act may be cited separately as "The Supreme Court of Judicature Act, 1875."

2. This Act, except any provision thereof, which is declared to take effect before the commencement of this Act, shall commence and come into operation on the 1st day of November, 1875.

4. Her Majesty's Court of Appeal, in this Act and in the principal Act referred to as the Court of Appeal, shall be constituted as follows: There shall be [four] ex-officio judges thereof, and also so many ordinary judges, as Her Majesty shall from time to time appoint.

The ex-officio judges shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, [and the President of the Probate, Divorce, and Admiralty Division.]

The Lord Chancellor may by writing addressed to the President of [either or both] of the following divisions of the High Court of Justice, that is to say, the Queen's Bench Division, and the Probate, Divorce, and Admiralty Division, request the attendance at any time, except during the times of the spring or summer circuits, of any additional judge from such division or divisions (not being ex-officio judge or judges of the Court of Appeal) at the sittings of the Court of Appeal, and a judge, to be selected by the division from which his attendance is requested, shall attend accordingly,

Every additional judge, during the time that he attends the sittings of Her Majesty's Court of Appeal, shall have all the jurisdiction and powers of a judge of the said Court of Appeal. but he shall not otherwise be deemed to be a judge of the said Court, or to have ceased to be a judge of the division of the High Court of Justice to which he belongs.

No judge of the said Court of Appeal shall sit as a judge on

the hearing of an appeal from any judgment or order made by himself, or made by any divisional court of the High Court of which he was a member.

Whenever the office of any ordinary judge of the Court of Appeal becomes vacant a new judge may be appointed thereto by Her Majesty by Letters Patent.

in the House of

5. All the judges of the High Court of Justice, and the Court Tenure of office of judges. of Appeal respectively, with the exception of the Lord Chancellor, shall hold their offices as such judges respectively during good behaviour, subject to a power of removal by Her Majesty, on an address presented to Her Majesty by both Houses of Parliament. No judge of either of the said courts shall be capable of being Judges not to sit elected to or of sitting in the House of Commons. Every person Commons. appointed after the passing of this Act to be judge of either of the said courts (other than the Lord Chancellor), when he enters on the execution of his office, shall take, in the presence of the Lord Chancellor, the oath of allegiance, and judicial Oaths. oath as defined by the Promissory Oaths Act, 1868. The oaths to be taken by the Lord Chancellor shall be the same as heretofore.

6. The Lord Chancellor shall be President of the Court of Precedence of Appeal; the other ex-officio judges of the Court of Appeal shall judges. rank in the order of their present respective official precedence. The ordinary judges of the Court of Appeal, if not entitled to precedence as Peers or Privy Councillors, shall rank according to the priority of their respective appointments as such judges.

The judges of the High Court of Justice who are not also judges of the Court of Appeal shall rank next after the judges of the Court of Appeal, and, among themselves (subject to the provisions in the principal Act contained as to existing judges), according to the priority of their respective appointments.

Lords Justices in

7. Any jurisdiction usually vested in the Lord Justices of Jurisdiction of Appeal in Chancery, or either of them, in relation to the persons respect of and estates of idiots, lunatics, and persons of unsound mind, lunatics. shall be exercised by such judge or judges of the High Court of Justice or Court of Appeal as may be intrusted by the sign manual of Her Majesty or her successors with the care and commitment of the custody of such persons and estates; and all enactments referring to the Lords Justices as so intrusted shall be construed as if such judge or judges so intrusted had been named therein instead of such Lords Justices: Provided that each of the persons who may at the commencement of the principal Act be Lords Justices of Appeal in Chancery shall, during such time as he continues to be a judge of the Court of Appeal, and is intrusted as aforesaid, retain the jurisdiction vested in him in relation to such persons and estates as aforesaid.

8. Every judge of the Probate, Divorce, and Admiralty Division Judges of

Probate, &c.,

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