Law Terms Act 1830
| Jurisdiction | UK Non-devolved |
| Citation | 1830 c. 70 |
| Year | 1830 |
(11 Geo. 4 & 1 Will. 4) C A P. LXX.
[23d July 1830]
'WHEREAS the Appointment of an additional Puisne Judge to each of His Majesty's superior Courts of Common Law would cause much greater Facility and Dispatch of Business therein: And whereas it is expedient to put an end to the separate Jurisdiction for the County Palatine ofChester and the Principality of Wales , and to make more effectual Provision for the Administration of Justice in England and Wales; ' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That whenever His Majesty shall be pleased to appoint an additional Puisne Judge to either of His Courts of the King's Bench, the Common Pleas, and the Exchequer, the Puisne Judges of such Court shall sit by Rotation in each Term, or otherwise, as they shall agree amongst themselves, so that no greater Number than Three of them shall sit at the same Time in Banc for the Transaction of Business in Term, unless in the Absence of the Lord Chief Justice or Lord Chief Baron; and that it shall and may be lawful for any One of the Judges of either of the said Courts, when Occasion shall so require, while the other Judges of the same Court are sitting in Banc, to sit apart from them for the Business of adding and justifying Special Bail, discharging Insolvent Debtors, administering Oaths, receiving Declarations required by Statute, hearing and deciding upon Matters on Motion, and making Rules and Orders in Causes and Business depending in the Court to which such Judge shall belong, in the same Manner and with the same Force and Validity as may be done by the Court sitting in Banc.
II Salaries to additional Judges.
II. And be it further enacted, That from and after the Appointment of any such additional Judge there shall be issued and paid and payable out of and charged upon the Consolidated Fund of the United Kingdom ofGreat Britain and Ireland (after paying or reserving sufficient to pay all such Sums as have been directed by any former Act of Parliament to be paid out of the same, but with Preference to all other Payments which shall hereafter be charged upon the same,) the Sum of Five thousand Pounds to such additional Judge as he shall be so appointed, as and for a yearly Salary, to be paid from Time to Time quarterly, free and clear from all Taxes and Deductions whatsoever, on the Fifth Day of January , the Fifth Day of April , the Fifth Day of July , and the Tenth Day of October , by equal Portions, the first Payment to be made on the first of such Days respectively as shall occur after the Appointment of the Judge entitled to receive the same; and that if any Person hereafter appointed to such Office shall die, or resign the same, the Executor or Administrator of the Person so dying, or the Person so resigning, shall be entitled to receive such proportionable Part of the Salary aforesaid as shall have accrued during the Time that such Person shall have executed such Office since the last Payment, and that the Successor of any such Person so dying or resigning shall be entitled to receive such Portion of the Salary as shall be accruing or shall accrue from the Day of such Death or Resignation: Provided always, that the Removal of a Puisne Judge from one Court to another shall not be deemed a new Appointment under this Act.
III Retirement Allowances to additional Judges.
III. And be it further enacted, That upon the Resignation of any such additional Judge it shall be lawful for His Majesty, by His Letters Patent under the Great Seal ofGreat Britain , to give and grant to the Person so resigning (under and subject to the same Conditions, Limitations, and Restrictions as any Annuity on Resignation can now by Law be granted to any other Judge of the same Court) an Annuity during his Life not exceeding the Sum of Three thousand five hundred Pounds yearly, or such other Sum as shall by any Act hereafter to be made provided for Judges resigning their Offices, to be paid and payable out of and charged upon the Consolidated Fund aforesaid, free and clear of all Taxes and Deductions whatsoever, by even quarterly Payments to be made respectively on the Days aforesaid in each Year.
IV Additional Judges may sit in London and Westminster.
IV. And be it further enacted, That every Judge of the said Courts, to whatever Court he may belong, shall be and he is hereby accordingly authorized to sit inLondon and Middlesex for the Trial of Issues arising in any of the said Courts, and to transact such Business at Chambers or elsewhere, depending in any of the said Courts, as relates to Matters over which the said Courts have a common Jurisdiction, and as may, according to the Course and Practice of the Court, be transacted by a single Judge.
V Repeal of Act 3 G. 4. c. 102.
V. And be it further enacted, That a certain Act passed in the Third Year of the Reign of His late Majesty KingGeorge the Fourth, intituled An Act to repeal an Act of the First and Second Years of His present Majesty, for facilitating the Dispatch of Business in the Court of King's Bench, and to make further Provision in lieu thereof , shall be and the same is hereby repealed, except so far as it repeals the said former Act, and except so far as relates to the last Warrant issued by His said late Majesty under the said Act.
VI Terms altered.
VI. And be it further enacted, That in the Year of our Lord One thousand eight hundred and thirty-one, and afterwards,Hilary Term shall begin on the Eleventh and end on the Thirty-first Day of January; Easter Term shall begin on the Fifteenth Day of April and end on the Eighth Day of May; Trinity Term shall begin on the Twenty-second Day of May and end on the Twelfth Day of June; and Michaelmas Term shall begin on the Second and end on the Twenty-fifth Day of November; and that the Essoign and General Return Days of each Term shall, until further Provision be made by Parliament, be as follows; that is to say, the First Essoign or General Return Day for every Term shall be the Fourth Day before the Day of the Commencement of the Term, both Days being included in the Computation; the Second Essoign Day shall be the Fifth Day of the Term; the Third shall be the Fifteenth Day of the Term; and the Fourth and last shall be the Nineteenth Day of the Term, the First Day of the Term being already included in the Computation; with the same relation to the Commencement of each Term as they now bear, and shall be distinguished by the Day of the Term on which they respectively fall, theMonday being in all Cases substituted for the Sunday when it shall happen that the Day would fall on Sunday , except always that in Easter Term there shall be but Four Returns instead of Five, the last being omitted; provided that if the whole or any Number of the Days intervening between the Thursday before and the Wednesday next after Easter Day shall fall within Easter Term, there shall be no Sittings in Banc on any of such intervening Days, but the Term shall in such Case be prolonged and continue for such Number of Days of Business as shall be equal to the Number of the intervening Days before mentioned exclusive of Easter Day, and the Commencement of the ensuing Trinity Term shall in such Case be postponed, and its Continuance prolonged for an equal Number of Days of Business.
VII Limiting the Time for Sittings.
VII. And be it further enacted, That when the Alteration of the Terms herein-before mentioned shall take effect not more than Twenty-four Days, exclusive ofSundays , after any Hilary, Trinity , and Michaelmas Term, nor more than Six Days, exclusive of Sundays , after any Easter Term, to be reckoned consecutively immediately after such Terms, shall be appropriated to Sittings in London and Middlesex for the Trial of Issues of Fact arising in any of the said Courts; provided that if any Trial at Bar shall be directed by any of the said Courts, it shall be competent to the Judges of such Court to appoint such Day or Days for the Trial thereof as they shall think fit; and the Time so appointed, if in Vacation, shall for the Purpose of such Trial be deemed and taken to be a Part of the preceding Term; provided also, that a Day or Days may be specially appointed, at any Time not being within such Twenty-four Days, for the Trial of any Cause at Nisi Prius, with the Consent of the Parties thereto, their Counsel or Attornies.
VIII Regulation as to Writs of Error.
VIII. And be it further enacted, That Writs of Error upon any Judgment given by any of the said Courts shall hereafter be made returnable only before the Judges, or Judges and Barons, as the Case may be, of the other Two Courts in the Exchequer Chamber, any Law or Statute to the contrary notwithstanding; that a Transcript of the Record only shall be annexed to the Return of the Writ; and the Court of Error, after Errors are duly assigned and Issue in Error joined, shall, at such Time as the Judges shall appoint, either in Term or Vacation, review the Proceedings, and give Judgment as they shall be advised thereon; and such Proceedings and Judgment, as altered or affirmed, shall be entered on the original Record, and such further Proceeding as may be necessary thereon shall be awarded by the Court in which the original Record remains, from which Judgment in Error no Writ of Error shall lie or be had, except the same be made returnable in the High Court of Parliament.
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