phrase has generally been employed. The chancery division still remains
distinct from the common law division, having a certain range of legal
questions under its exclusive control, and possessing to a certain
extent a peculiar machinery of its own for carrying its decrees into
execution. But all actions may now be brought in the high court of
justice, and, subject to such special assignments of business as that
alluded to, may be tried in any division thereof.
There were originally three common law divisions of the High Court
corresponding with the three former courts of common law. But after the
death of Lord Chief Baron Kelly on the 17th of September 1880, and of
Lord Chief Justice Cockburn on the 20th of November 1880, the common
pleas and exchequer divisions were (by order in council, 10th December
1880) consolidated with the king's bench division into one division
under the presidency of the lord chief justice of England, to whom, by
the 25th section of the Judicature Act 1881, all the statutory
jurisdiction of the chief baron and the chief justice of the common
pleas was transferred. The high court, therefore, now consists of the
chancery division, the common law division, under the name of the king's
bench division; and the probate, divorce and admiralty division. To the
king's bench division is also attached, by order of the lord chancellor
(Jan. 1, 1884), the business of the London court of bankruptcy.
For a more detailed account of the composition of the various courts,
see CHANCERY; KING'S BENCH; and PROBATE, DIVORCE AND ADMIRALTY COURT.
The keystone of the structure created by the Judicature Acts was a
strong court of appeal. The House of Lords remained the last court of
appeal, as before the acts, but its judicial functions were virtually
transferred to an appeal committee, consisting of the lord chancellor
and other peers who have held high judicial office, and certain lords of
appeal in ordinary created by the act of 1873 (see APPEAL).
The practice and procedure of the Supreme Court are regulated by rules
made by a committee of judges, to which have been added the president
of the incorporated law society and a practising barrister and one
other person nominated by the lord chancellor. The rules now in force
are those of 1883, with some subsequent amendments. With the
appendices they fill a moderate-sized volume. Complaints are made that
they go into too much detail, and place a burden on the time and
temper of the busy practitioner which he can ill afford to bear. It is
possible that the authors of the rules attempted too much, and it
might have been better to provide a simpler and more elastic code of
procedure. Rules have sometimes been made to meet individual cases of
hardship, and rules of procedure have been piled up from time to time,
sometimes embodying a new experiment, and not always consistent with
former rules.
Public-domain text, read in full here on John Shaqi.
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