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Provision as to making of rules of Court.
36 & 37 Vict. c. 66.
38 & 39 Vict. c. 77
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61. The Lord Lieutenant may at any time after the passing and before the commencement of this Act, by Order in Council, . . . make rules, to be styled rules of Court, for carrying this Act into effect, and in particular for all or any of the following matters; that is to say,
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(1.) For regulating the sittings of the High Court of Justice and the Court of Appeal, and of any Divisional or other Courts thereof respectively, and of the Judges of the said High Court sitting in chambers; and
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(2.) For regulating the pleading practice and procedure in the High Court of Justice and Court of Appeal, including all matters connected with writs, forms of actions, parties to actions, evidence, and mode and place of trial, and for the reporting by a competent shorthand writer of the evidence in all cases of trials by jury whenever it may be expedient or desirable to do so; and
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(3.) Generally, for regulating any matters relating to the practice and procedure of the said Courts respectively, or to the duties of the officers thereof, or of the Supreme Court, or to the costs of proceedings therein (including the costs to be allowed to solicitors of the Supreme Court in respect of business transacted in or before any of such Courts or the offices thereof, or the fees remuneration and expenses to be allowed to witnesses, or the fees to be payable to or receivable by sheriffs for the discharge of any duties under this Act or in obedience to the order of the Supreme Court, or any Division or Master thereof), or relating to the conduct of civil or criminal business coming within the cognizance of the said Courts respectively, for which provision is not expressly made by this Act; and
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(4.) For regulating the sittings of Judges in Chambers, the issuing and hearing of summonses, and the allowance or disallowance of the expense of the attendance of counsel upon such hearings, and, generally, for the efficient despatch of Chamber business under the provisions of this Act; and
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(5.) For prescribing, regulating, or doing anything which under this Act may be prescribed, regulated, or done by rules of Court.
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[1]
From and after the commencement of this Act, the Lord Lieutenant may at any time, with the concurrence of a majority of the Judges of the Supreme Court present at any meeting for that purpose held (of which majority the Lord Chancellor shall be one), by Order in Council alter and annul any rules of Court for the time being in force, and have and exercise the same power of making rules of Court as is by this section vested in the Lord Lieutenant . . . before the commencement of this Act.
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In making, altering, or annulling rules of Court in pursuance of this Act, regard shall be had to the rules of Court for the time being in force under the provisions of the Supreme Court of Judicature Acts, 1873 and 1875, so as that the pleading practice and procedure in the High Court of Justice and Court of Appeal respectively constituted by this Act shall, so far as may be practicable and convenient, having regard to the difference of the laws and circumstances of the two countries, be the same as the pleading practice and procedure in the High Court of Justice and Court of Appeal respectively constituted by the said Acts.
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All rules of Court made in pursuance of this part of this Act shall be laid before each House of Parliament within such time and shall be subject to be annulled in such manner as is in this Act provided.
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All rules of Court made in pursuance of this part of this Act, if made before the commencement of this Act, shall, from and after the commencement of this Act, and if made after the commencement of this Act, shall, from and after the time when they come into operation, regulate all matters to which they extend, until annulled or altered in pursuance of this Act.
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The powers to make rules of Court contained in this section are not to effect special provisions in this Act enabling Rules to be made in particular instances.
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. . . . . . . . . . . .
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[1 Amended 60 & 61 Vict. c. 66. s. 12.] |
