Supreme Court of Judicature (Consolidation) Act 1925

Last updated

Supreme Court of Judicature (Consolidation) Act 1925 [a]
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Parliament of the United Kingdom
Long title An Act to consolidate the Judicature Acts, 1873 to 1910, and other enactments relating to the Supreme Court of Judicature in England and the administration of Justice therein.
Citation 15 & 16 Geo. 5. c. 49
Territorial extent  United Kingdom
Dates
Royal assent 31 July 1925
Commencement 1 January 1926 [b]
Repealed1 January 1982
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
Repealed by Supreme Court Act 1981
Relates to
Status: Repealed
Text of statute as originally enacted

The Supreme Court of Judicature (Consolidation) Act 1925 [a] (15 & 16 Geo. 5. c. 49), sometimes referred to as the Supreme Court of Judicature Act 1925, [1] was an act of the Parliament of the United Kingdom.

Contents

Provisions

Section 99

Section 99 of the act was replaced by section 84 of the Supreme Court Act 1981. [2] The power conferred by this section was exercised by the Criminal Appeal (Reference of Points of Law) Rules 1973 (SI 1973/1114). [3]

Short title, commencement and extent

Section 227(1) of the act provided that the act may be cited as the "Supreme Court of Judicature (Consolidation) Act, 1925".

Section 227(2) of the act provided that the act would come into force on 1 January 1926.

Repealed enactments

Section 226(1) of the act repealed 103 enactments, listed in the sixth schedule to the act.

CitationShort titleDescriptionExtent of repeal
31 Edw. 3 Administration of Estates Act 1357 The Statute made at Westminster on the Monday next after the Feast of Easter in the thirty-first year, Statute the first.Chapter eleven.
14 Hen. 6. c. 1Judgment in Treason and FelonyJustices of nisi prius may give judgement etc. in treason and felony.The whole act.
3 Hen. 7. c. 3 Taking of Bail by Justices Act 1487 An Act that Justices of Peace may take Bayle.The words from “ and ov.” to “ C. S.”
23 Hen. 8. c. 9 Ecclesiastical Jurisdiction Act 1531 An Acte that no psonne shal be cited oute of the Dioc where he or she dwelleth excepte in ctayne cases.Sections three and five.
27 Hen. 8. c. 24 Jurisdiction in Liberties Act 1535 An Acte for recontynuing off ctayne lbties and franchises heretofore taken frome the Crowne.In section two the words “of eire justices of assise,” the words "or justices of gaole delyvey,” the words “ justices of eire, justices of assise,” and the words “ and justices of gaole delyvey.”
33 Hen. 8. c. 24 Justices of Assize, etc. Act 1541 An Acte that noe man shal be Justice of Assise in his owne countrie.The whole act.
1 Edw. 6. c. 7 Justices of the Peace Act 1547 An Acte for the contynuance of Actions after the death of anny King of this Realme.The whole Act except so far as it relates to justices of the peace.
4 Will. & Mar. Special Bail Act 1692 An Act for takeing Special Bails in the Countrey upon Actions and Suites depending in the Courts of Kings-Bench Comon Pleas and Exchequer att Westminster.The whole act.
1 Ann. c. 2 [c] Demise of the Crown Act 1702 An Act for explaining a Clause in an Act made at the Parliament begun and holden at Westminster the two and twentieth of November in the seventh year of the reign of our Sovereign Lord King William the Third entitled An Act for the better security of His Majesty’s Royal Person and Government.Section live, so far as it relates to commissions and writs in England other than commissions of the peace.
24 Geo. 2. c. 48 Michaelmas Term Act 1750 The Michaelmas Term Act, 1750.The whole act.
25 Geo. 2. c. 30 Calendar Act 1751 The Calendar Act, 1751.In section four the words from “and the usual ” to the words “October in every year ” and the words from “ And whereas by another” to the words “ninth day of November in every year.”
39 Geo. 3. c. 110 Judges' Pensions Act 1799 The Judges' Pensions Act 1799.The whole act.
53 Geo. 3. c. 153 Judges' Pensions Act 1813 The Judges’ Pensions Act, 1813.The whole act.
3 Geo. 4. c. 10 Assize Commission Act 1822 The Assize Commission Act, 1822.The whole act.
6 Geo. 4. c. 82 Chief Justice's Pension Act 1825 The Chief Justice’s Pension Act, 1825.The whole act.
11 Geo. 4 & 1 Will. 4. c. 70 Law Terms Act 1830 The Law Terms Act, 1830Section six.
1 Will. 4. c. 3 Law Terms (Explanation) Act 1830 The Law Terms (Exjdanation) Act, 1830.The whole act.
3 & 4 Will. 4. c. 71 Assizes Act 1833 The Assizes Act, 1833The whole act.
6 & 7 Will. 4. c. 87 Liberties Act 1836 The Liberties Act, 1836Section eight.
7 Will. 4 & 1 Vict. c. 30 Superior Courts (Officers) Act 1837 The Superior Courts (Officers) Act, 1837.The whole act.
2 & 3 Vict. c. 72 Assizes Act 1839 The Assizes Act, 1839.The whole act.
3 & 4 Vict. c. 65 Admiralty Court Act 1840 The Admiralty Court Act, 1840.Sections three, four, six, twenty-two and twenty-three.
5 & 6 Vict. c. 103 Court of Chancery Act 1842 The Court of Chancery Act, 1842.The whole act.
14 & 15 Vict. c. 41 Chief Justice's Salary Act 1851 The Chief Justice’s Salary Act, 1851.The whole act.
14 & 15 Vict. c. 83 Court of Chancery Act 1851 The Court of Chancery Act, 1851.Section eighteen.
15 & 16 Vict. c. 73 Common Law Courts Act 1852 The Common Law Courts Act, 1852.Section eleven.
15 & 16 Vict. c. 80 Master in Chancery Abolition Act 1852 The Court of Chancery Act, 1852.The whole act.
15 & 16 Vict. c. 87 Suitors in Chancery Relief Act 1852 The Court of Chancery Act, 1852.Sections sixteen, twenty-one and forty-two.
17 & 18 Vict. c. 34 Attendance of Witnesses Act 1854 The Attendance of Witnesses Act, 1854.The whole act so far as it authorises the issue of process by the High Court..
18 & 19 Vict. c. 134 Court of Chancery Act 1855 The Court of Chancery Act, 1855.The whole act.
20 & 21 Vict. c. 77 Court of Probate Act 1857 The Court of Probate Act, 1857.Sections four, thirteen, twenty to twenty-three, twenty-nine, thirty, and forty-six to fifty-three, in section fifty-eight the words “ and the decision of the Court of Probate on such appeal shall be final,” sections fifty-nine, sixty-one to sixty-four and sixty-six to sixty-nine, eighty-seven, eighty-nine to ninety-three, one hundred and ten and one hundred and nineteen, and Schedule A.
20 & 21 Vict. c. 79 Probates and Letters of Administration Act (Ireland) 1857 The Probates anil Letters of Administration (Ireland) Act, 1857.Section ninety-five so far as it relates to grants made in respect of the estates of persons dying on or after the first day of April, nineteen hundred and twenty-three.
20 & 21 Vict. c. 85 Matrimonial Causes Act 1857 The Matrimonial Causes Act, 1857.Sections two, six, seven, twelve, thirteen, sixteen and seventeen, and so far as it relates to the High Court section twenty-one, sections twenty-two to thirty-one, thirty-three to thirty-five, forty-five, fiftyfive, fifty-seven, fiftyeight, and sixty-six.
21 & 22 Vict. c. 56 Confirmation of Executors (Scotland) Act 1858 The Confirmation of Executors (Scotland) Act, 1858.Section twelve.
21 & 22 Vict. c. 93 Legitimacy Declaration Act 1858 The Legitimacy Declaration Act, 1858.The whole act, except section three and except so far as the Act relates to Scotland.
21 & 22 Vict. c. 95 Court of Probate Act 1858 The Court of Probate Act, 1858.Sections three, eight, ten, twelve, twenty, twenty-four to twenty-seven, section twenty-nine so far as it relates to grants made in respect of the estates of persons dying on or after the first day of April, nineteen hundred and twenty-three, and sections thirty-five and thirty-seven.
21 & 22 Vict. c. 108 Matrimonial Causes Act 1858 The Matrimonial Causes Act, 1858.Sections four, six to eleven, and fifteen.
22 & 23 Vict. c. 21 Queen's Remembrancer Act 1859 The Queen’s Remembrancer Act, 1859.Section seventeen.
22 & 23 Vict. c. 61 Matrimonial Causes Act 1859 The Matrimonial Causes Act, 1859.The whole act.
23 & 24 Vict. c. 91 Oxford University Act 1860 The Oxford University Act, 1860.Section two.
23 & 24 Vict. c. 126 Common Law Procedure Act 1860 The Common Law Procedure Act, 1860.Sections one and twenty-two.
23 & 24 Vict. c. 144 Matrimonial Causes Act 1860 The Matrimonial Causes Act, 1860.The whole act.
24 & 25 Vict. c. 10 Admiralty Court Act 1861 The Admiralty Court Act, 1861.Sections four, five, seven, eight, ten, eleven, twenty-seven and thirty-five.
27 & 28 Vict. Matrimonial Causes Act 1864 The Matrimonial Causes Act, 1864.The whole act so far as it relates to the High Court.
28 & 29 Vict. c. 48 Courts of Justice Building Act 1865 The Courts of Justice Building Act, 1865.Sections eighteen to twenty-one.
29 & 30 Vict. c. 32 Matrimonial Causes Act 1866 The Matrimonial Causes Act, 1866.The whole act.
31 & 32 Vict. c. 77 Divorce Amendment Act 1868 The Matrimonial Causes Act, 1868.The whole act.
32 & 33 Vict. c. 68 Evidence Further Amendment Act 1869 The Evidence Further Amendment Act, 1869.Section three so far as it relates to the High Court.
32 & 33 Vict. c. 89 Clerks of Assize, &c. Act 1869 The Clerks of Assize, &e. Act, 1869.The whole act.
32 & 33 Vict. c. 91 Courts of Justice (Salaries and Funds) Act 1869 The Courts of Justice (Salaries and Funds) Act, 1869.Sections twelve and thirteen, so far as they relate to the officers of the Supreme Court.
35 & 36 Vict. c. 44 Court of Chancery (Funds) Act 1872 The Court of Chancery (Funds) Act, 1872.The whole act.
35 & 36 Vict. c. 51 Judges Salaries Act 1872 The Judges’ Salaries Act, 1872.In section four the words "in England and".
36 & 37 Vict. c. 31 Matrimonial Causes Act 1873 The Matrimonial Causes Act, 1873.The whole act.
36 & 37 Vict. c. 36 Supreme Court of Judicature Act 1873 The Supreme Court of Judicature Act, 1873.The whole Act except the following provisions thereof, that is to say, paragraph (2) of section twenty-five, sections forty-six, sixty-four and sixty-six.
38 & 39 Vict. c. 41 Intestates Widows and Children (Scotland) Act 1875 The Intestates Widows and Children (Scotland) Act, 1875.Section three so far as it relates to the resealing of confirmatons in England.
38 & 39 Vict. c. 77 Supreme Court of Judicature Act 1875 The Supreme Court of Judicature Act, 1875.The whole act.
39 & 40 Vict. c. 24 Small Testate Estates (Scotland) Act 1876 The Small Testate Estates (Scotland) Act, 1876.Section three so far as it relates to the resealing of confirmatons in England.
39 & 40 Vict. c. 57 Winter Assizes Act 1876 The Winter Assizes Act, 1876.The whole act.
39 & 40 Vict. c. 59 Appellate Jurisdiction Act 1876 The Appellate Jurisdiction Act, 1876.Sections fifteen to twenty.
39 & 40 Vict. c. 70 Sheriff Courts (Scotland) Act 1876 The Sheriff Courts (Scotland) Act, 1876.Sections forty-two and forty three so far as they relate to the resealing of confirmations or additional confirmations in England.
40 & 41 Vict. c. 9 Supreme Court of Judicature Act 1877 The Supreme Court of Judicature Act, 1877.The whole act.
40 & 41 Vict. c. 11 Jurisdiction in Rating Act 1877 The Jurisdiction in Rating Act, 1877.In section three the words from "As to England" to the words "of Justice and".
40 & 41 Vict. c. 46 Winter Assizes Act 1877 The Winter Assizes Act, 1877.The whole act.
41 & 42 Vict. c. 19 Matrimonial Causes Act 1878 The Matrimonial Causes Act, 1878.The whole act.
42 & 43 Vict. c. 1 Spring Assizes Act 1879 The Spring Assizes Act, 1879.Sections two and four.
42 & 43 Vict. c. 78 Supreme Court of Judicature (Officers) Act 1879 The Supreme Court of Judicature (Officers) Act, 1879.The whole act.
43 Vict. c. 14 Customs and Inland Revenue Act 1880 The Customs and Inland Revenue Act, 1880.Subsection (2) of section ten.
43 & 44 Vict. c. 10 Great Seal Act 1880 The Great Seal Act, 1880The whole act.
44 & 45 Vict. c. 41 Conveyancing Act 1881 The Conveyancing Act, 1881.Section forty-eight.
44 & 45 Vict. c. 59 Statute Law Revision and Civil Procedure Act 1881 The Statute Law Revision and Civil Procedure Act, 1881.Section six.
44 & 45 Vict. c. 68 Supreme Court of Judicature Act 1881 The Supreme Court of Judicature Act, 1881.The whole Act except section one, and the third and fourth paragraphs of section nine.
45 & 46 Vict. c. 50 Municipal Corporations Act 1882 The Municipal Corporations Act, 1882.Subsection (3) of section one hundred and eighty-two.
46 & 47 Vict. c. 29 Supreme Court of Judicature (Funds, &c.) Act 1883 The Supreme Court of Judicature (Funds, &c.) Act, 1883.The whole act.
46 & 47 Vict. c. 49 Statute Law Revision and Civil Procedure Act 1883 The Statute Law Revision and Civil Procedure Act, 1883.The whole act.
47 & 48 Vict. c. 61 Supreme Court of Judicature Act 1884 The Supreme Court of Judicature Act, 1884.The whole act.
47 & 48 Vict. c. 68 Matrimonial Causes Act 1884 The Matrimonial Causes Act, 1884.The whole act.
51 & 52 Vict. c. 25 Railway and Canal Traffic Act 1888 The Railway and Canal Traffic Act, 1888.Section six.
51 & 52 Vict. c. 43 County Courts Act 1888 The County Courts Act, 1888.Sections sixteen, one hundred and twenty-five and one hundred and eighty-seven.
52 & 53 Vict. c. 47 Palatine Court of Durham Act 1889 The Palatinate Court of Durham Act, 1889.Section eleven to the words "for the time being and."
52 & 53 Vict. c. 49 Arbitration Act 1889 The Arbitration Act, 1889Sections thirteen to seventeen and, so far as they relate to references under an order of the High Court, sections eighteen, nineteen, twenty and twenty-three.
53 & 54 Vict. c. 23 Chancery of Lancaster Act 1890 The Chancery of Lancaster Act, 1890.Subsection (1) of section four.
53 & 54 Vict. c. 44 Supreme Court of Judicature Act 1890 The Supreme Court of Judicature Act, 1890.The whole act.
54 & 55 Vict. c. 53 Supreme Court of Judicature Act 1891 The Supreme Court of Judicature Act, 1891.Sections one, two, and four.
57 & 58 Vict. c. 16 Supreme Court of Judicature (Procedure) Act 1894 The Supreme Court of Judicature (Procedure) Act, 1894.The whole act.
57 & 58 Vict. c. 30 Finance Act 1894 The Finance Act, 1894Subsection (4) of section sixteen so far as it relates to the resealing in England of Irish grants made in respect of the estates of persons dying on or after the first day of April, nineteen hundred and twenty-three.
57 & 58 Vict. c. 60 Merchant Shipping Act 1894 The Merchant Shipping Act, 1894.Subsections (2) and (3) of section five hundred and forty-seven and section five hundred and sixty-five so far as they relate to the High Court in England.
59 & 60 Vict. c. 51 Vexatious Actions Act 1896 The Vexatious Actions Act, 1896.The whole act.
62 & 63 Vict. c. 6 Supreme Court of Judicature Act 1899 The Supreme Court of Judicature Act, 1899.The whole act.
2 Edw. 7. c. 31 Supreme Court of Judicature Act 1902 The Supreme Court of Judicature Act, 1902.The whole act.
7 Edw. 7. c. 12 Matrimonial Causes Act 1907 The Matrimonial Causes Act, 1907.The whole act.
8 Edw. 7. c. 41 Assizes and Quarter Sessions Act 1908 The Assizes and Quarter Sessions Act, 1908.In section one the words "the commission day in the case of assizes and", and the words "assize or" in subsection (1); the words "assizes or" wherever those words occur in subsection (3); subsection (4); the words "assizes or", the words "commission day or", and the words "as the case may be" in subsection (5). In section two the words "assizes or" and the words "court of assize or". In section four the words "as respects assizes the clerk of assize and" and the words from "the expression commission day" to the end of the section.
8 Edw. 7. c. 51 Appellate Jurisdiction Act 1908 The Appellate Jurisdiction Act, 1908.Section six.
9 Edw. 7. c. 11 Judicature (Rule Committee) Act 1909 The Judicature (Rule Committee) Act, 1909.The whole act.
10 Edw. 7. & 1 Geo. 5. c. 12 Supreme Court of Judicature Act 1910 The Supreme Court of Judicature Act, 1910.The whole act.
1 & 2 Geo. 5. c. 57 Maritime Conventions Act 1911 The Maritime Conventions Act, 1911.Section five so far as it relates to the High Court.
3 & 4 Geo. 5. c. 21 Appellate Jurisdiction Act 1913 The Appellate Jurisdiction Act, 1913.Section two.
9 & 10 Geo. 5. c. 30 Official Solicitor Act 1919 The Official Solicitor Act, 1919.The whole act.
10 & 11 Geo. 5. c. 81 Administration of Justice Act 1920 The Administration of Justice Act, 1920.Sections one, five, six, seven and eight; section fifteen so far as it relates to the High Court; and sections nineteen and twenty.
11 & 12 Geo. 5. c. 24 Deceased Brother's Widow's Marriage Act 1921 The Deceased Brother's Widow's Marriage Act, 1921.Subsection (2) of section one.
11 & 12 Geo. 5. c. 56 Supreme Court Officers (Retirement, Pensions, &c.) Act 1921 The Supreme Court Officers (Retirement, Pensions, &c.) Act, 1921.The whole act.
13 & 14 Geo. 5. c. 19 Matrimonial Causes Act 1923 The Matrimonial Causes Act, 1923.The whole act.
15 & 16 Geo. 5. c. 23 Administration of Estates Act 1925 The Administration of Estates Act, 1925.Sections four, ten to fourteen, sixteen, and eighteen to twenty.
15 & 16 Geo. 5. c. 28 Administration of Justice Act 1925 The Administration of Justice Act, 1925.Sections one to eighteen, twenty-one, twenty-four to twenty-six and Schedules one to three.

Subsequent developments

The limited territorial extent of the act meant that several enactments were repealed for Ireland by subsequent Statute Law Revision Acts, including:

The whole act was repealed by section 152(4) of, and schedule 7 to, the Supreme Court Act 1981.

See also

Notes

  1. 1 2 Section 227(1). Due to the repeal of that enactment, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ Section 227(2).
  3. ↑ This is the citation in The Statutes of the Realm .

References

  1. ↑ Burrowes v Burrowes (1929) 141 LTR 201 at 202, CA
  2. ↑ Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 3-8 at page 208.
  3. ↑ Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 7-301 at page 975.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.