Supreme Court of Judicature (Procedure) Act 1894
| Jurisdiction | UK Non-devolved |
| Citation | 1894 c. 16 |
| Year | 1894 |
Supreme Court of Judicature (Procedure) Act, 1894
(57 & 58 Vict.) CHAPTER 16.
An Act to amend the Supreme Court of Judicature Acts.
[3rd July 1894]
B E it enacted by the Queen'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 authority of the same, as follows:
Appeals.
1 Regulations as to appeals.
(1)1.—(1.) No appeal shall lie—
(a ) from an order allowing an extension of time for appealing from a judgment or order; nor
(b ) without the leave of the Judge, or of the Court of Appeal, from any interlocutory order or interlocutory judgment made or given by a Judge, except in the following cases, namely—
(i.) where the liberty of the subject or the custody of infants is concerned; and
(ii.) cases of granting or refusing an injunction or appointing a receiver; and
(iii.) any decision determining the claim of any creditor or the liability of any contributory, or the liability of any director or other officer under the Companies Acts, 1862 to 1890, in respect of misfeasance or otherwise; and
(iv.) any decree nisi in a matrimonial cause, and any judgment or order in an Admiralty action determining liability; and
(vi.) such other cases, to be prescribed by rules of court, as may in the opinion of the authority for making such rules be of the nature of final decisions.
(2) (2.) An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order within the meaning of this section.
(3) (3.) No appeal shall lie from an order of a Judge giving unconditional leave to defend an action.
(4) (4.) In matters of practice and procedure every appeal from a Judge shall be to the Court of Appeal.
(5) (5.) In all cases where there is a right of appeal to the High Court from any court or person, the appeal shall be heard and determined by a Divisional Court constituted as may be prescribed by rules of court; and the determination thereof by the Divisional Court shall be final, unless leave to appeal is given by that court or by the Court of Appeal.
(6) (6.) An application for leave to appeal may be made ex parte or otherwise, as may be prescribed by rules of court.
2 Appeals from quarter sessions.
(1)2.—(1.) Every case stated by a court of quarter sessions otherwise than under the Acts eleven and twelve Victoria, chapter seventy-eight, and twelve and thirteen Victoria, chapter forty-five, for the consideration of the High Court shall be deemed to be an appeal, and shall be heard and determined accordingly.
(2) (2.) On the hearing of any appeal from a court of quarter sessions the appellate court may draw any inference of fact which might have been drawn in the court of quarter sessions, and may give any judgment or make any order which ought to have been given or made by that court, or may remit the order, and in criminal matters the conviction with the order, and the case stated on it, with the opinion or direction of the appellate court, for re-hearing and determination by the court of quarter sessions, or may remit the case for re-statement.
(3) (3.) On the hearing of any such appeal the appellate court shall have full power to determine how and by whom the costs of the proceedings in the appellate court and in the court of quarter sessions are to be borne.
(4) (4.) The judgment on any such appeal, or, where an appeal to a court of quarter sessions has been directed to be entered for re-hearing, then that appeal shall, on motion by any party to the appeal, be entered at the sessions next or next but one after the delivery of the judgment, or the giving of the direction, and shall, unless the appellate court otherwise directs, have effect as if the judgment had been given, or, in case...
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