Supreme Court of Judicature Act 1884
| Jurisdiction | UK Non-devolved |
| Citation | 1884 c. 61 |
| Year | 1884 |
Supreme Court of Judicature Act, 1884
(47 & 48 Vict.) CHAPTER 61.
An Act to amend the Supreme Court of Judicature Acts; and for other purposes.
[14th August 1884]
W HEREAS it is expedient to make further provision concerning, the Supreme Court of Judicature, and the officers thereof, and such other matters as are herein-after mentioned:
Be 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:
1 Short title.
1. This Act may be cited as theSupreme Court of Judicature Act, 1884; and this Act, together with the Supreme Court of Judicature Acts, 1873 to 1879, and the Supreme Court of Judicature Act, 1881, may be cited as the Supreme Court of Judicature Acts, 1873 to 1884.
2 Commencement of Act.
2. This Act shall come into operation on the twenty-fourth day of October one thousand eight hundred and eighty-four, which day is in this Act referred to as the commencement of this Act.
3 Precedence of President of Probate, &c., Division.
3. The President for the time being of the Probate Divorce and Admiralty Division of the High Court of Justice shall have rank and precedence in the Court of Appeal next after all ordinary Judges of that Court appointed before the time at which he shall have become an ex-officio member thereof.
4 Amendment of 39 & 40 Vict. c. 39. s. 17.
4. A Divisional Court of the Queen's Bench Division of the High Court of Justice may at any time be constituted of more than two Judges if the President of the said Division, with the concurrence of not less than two other Judges thereof, shall be of opinion that it is expedient so to constitute the same.
5 Absence, vacancies, and insufficiency in number of Judges.
5. Upon the request of the Lord Chancellor it shall be lawful for any Judge of any Division of the High Court, who may consent so to do, to sit and act for or on behalf of any other Judge of the High Court absent from illness or any other cause, or in the place of any Judge whose office has become vacant, or as an additional Judge of any Division for the purpose of hearing any causes or matters which may be assigned to him by the Lord Chancellor, or any applications therein; and while so sitting and acting any such Judge shall have all the power and authority which such other Judge would have had, or which ordinarily belong to a Judge of such Division, as the case may be. Provided that no such additional Judge shall sit and act in any Division, except with the concurrence of the respective Presidents of the Division to which such Judge belongs, and of the Division in which he may have been requested to sit and act as additional Judge; and the assignment to such Judge of any causes or matters, depending in the Division in which he shall so sit and act, shall likewise not be made except with the concurrence of the President of such last-mentioned Division.
6 Power of one Judge to sit for another.
6. Any proceeding in any cause or matter assigned to any Judge of the High Court of Justice, may at any time, upon the request and on behalf of such Judge, be heard and disposed of by any other Judge of the same Division, who may be willing to hear and dispose of the same, without any transfer: Provided that, if any party to such proceeding shall object to the same being so heard and disposed of, the same shall not be so heard and disposed of without the concurrence of the Lord Chancellor, to be signified by an order in writing under his hand.
7 & 14 Vict. c. 25. extended to county court judges.
7. Judges of county courts shall have every qualification conferred on Her Majesty's Counsel learned in the law by the Act of the thirteenth and fourteenth Victoria, chapter twenty-five.
8 Appeals from referees.
8. The provisions of section forty-five of the Supreme Court of Judicature Act, 1873, as to certain appeals therein mentioned, shall extend and apply to all appeals brought after the commencement of this Act from any award or certificate of a referee or arbitrator when there has been a compulsory reference to arbitration in any cause or matter in the Queen's Bench Division of the High Court of Justice.
9 Judge may order trial by an Official Referee in certain cases.
9. In any cause or matter (other than a criminal proceeding by the Crown) now pending or hereafter commenced before the High Court of Justice or Court of Appeal, in which all parties who are under no disability consent thereto, the Court or a Judge may at any time, on such terms as may be thought proper, order the whole cause or matter to be tried before an Official Referee, who shall have power to direct in what manner the judgment of the Court shall be entered, and to exercise the same discretion as to costs as the Court or Judge could have exercised.
10 Causes which may be referred to arbitrator may be referred to Official Referee.
10. In all cases in which the Court or a Judge may, under sections three, six, or twelve of the Common Law Procedure Act, 1854, direct any matter to be ascertained by a Master or referred to an arbitrator, or to an officer of the Court, or appoint an arbitrator, such Court or Judge may direct such matter to be ascertained by or referred to an Official Referee, who shall in that case perform all such duties and exercise all such powers as would have been performed or could have...
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