« SebelumnyaLanjutkan »
Statutes and Bules of Court
REFORM OF THE
ADMINISTRATION OF JUSTICE
AT COMMON LAW;
JULY 23, 1830,
(THE DATE OF sir J. SCARLETT's Act,)
HILARY TERM, 1834,
WITH AN IN D E X.
43, FLEET STREET.
THE HEADS OF REFORM COMPRISED IN THE FOLLOWING
Statutes and Rules of Court.
1. The abolition of the sepa- Recommended in the rate judicature of Wales, and the First Report of the admission of that principality to Common Law Comthe benefits of the general judi- missioners, p. 40. cial system; by which the complete consolidation of England and Wales is at length for the first time effected.-11 Geo. 4, and 1 Will. 4, c. 70.
2. The strengthening of the Recommended in the judicial establishment of West- same Report, p. 27. minster Hall by the appointment of three additional Judges ; by which the Welsh circuit is provided for, and great dispatch given in various ways to the general business of the Courts. Ibid.
3. The better regulation of the Recommended in the terms, the fixing of Easter term, First Report of the and the substitution of a simpler Common Law Commethod of returns in lieu of essoign
missioners, p. 32. or general return days. — Ibid. and 1 Will. 4, c. 3.
4. The establishment of a more Recommended in the reasonable and convenient system same Report, p. 23. of appellate jurisdiction among the Courts at Westminster, by which the Writ of Error from the Common Pleas to the King's Bench is taken away, and a Writ of Error given from each of the three Courts to the other two.-11 Geo. 4, and 1 Will. 4, c. 70.
5. Power given to the judge to Recommended in the pronounce sentence, (in case of same Report, p. 30. misdemeanors, &c.,) at the trial in lieu of the former inconvenient practice, by which judgment was postponed till the full Court met in banc.-Ibid.
6. The breaking up of the ex- Recommended in the clusive privilege of the officers of same Report, p. 23, the Court of Exchequer, the ad- 24.
mission of all attornies to practise therein, and its consequent establishment upon an equal footing with the other Courts in Westminster Hall.-Ibid.
7. A provision by which the Recommended in the rules of practice are required to same Report, p. 29. be made by all the Judges of the three Courts jointly, or by eight of them at least, whereby foundation is laid for the future uniformity of their practice.-Ibid.
8. Provisions for giving imme- Recommended in the diate judgment and execution Second Report of the upon a verdict, in lieu of the Common Law Comformer practice, by which judg- missioners, p. 30. ment and execution were postponed till the next term, and the plaintiff often subjected to the delay of several months.—Ibid. and 1 Will. 4, c. 7.
9. Provisions giving increased facility to landlords as to the time of bringing an action of ejectment and protecting them from the delay to which they