the jurisdiction which, at the commencement of this act, was
vested in, or capable of being exercised by, all or any one or
more of the judges of the said courts, respectively, sitting in
court or chambers, or elsewhere, when acting as judges or a judge,
in pursuance of any statute, law, or custom, and all powers given
to any such court, or to any such judges or judge, by any statute;
and also all ministerial powers, duties, and authorities, incident
to any and every part of the jurisdictions so transferred.
17. There shall not be transferred to or vested in the said high
court of justice, by virtue of this act,
(1) Any appellate jurisdiction of the court of appeal in
chancery, or of the same court sitting as a court of
appeal in bankruptcy :
(2) Any jurisdiction of the court of appeal in chancery of
the county palatine of Lancaster:
(3) Any jurisdiction usually vested in the lord chancellor or
in the lords justices of appeal in chancery, or either
of them, in relation to the custody of the persons and
estates of idiots, lunatics, and persons of unsound
mind:
(4) Any jurisdiction vested in the lord chancellor in relation
to grants of letters patent, or the issue of commissions
or other writings, to be passed under the great seal of
the United Kingdom :
(5) Any jurisdiction exercised by the lord chancellor in
right of or on behalf of Her Majesty as visitor of any
college, or of any charitable or other foundation :
(6) Any jurisdiction of the master of the rolls in relation to
records in London or elsewhere in England.
1 8. The court of appeal established by this act shall be a
superior court of record, and there shall be transferred to and
vested in such court all jurisdictions and powers of the courts
following; (that is to say,)
548 English Constitutional Documents
(1) All jurisdictions and powers of the lord chancellor and
of the court of appeal in chancery, in the exercise of
his and its appellate jurisdiction, and of the same
court as a court of appeal in bankruptcy :
(2) All jurisdiction and powers of the court of appeal in
chancery of the county palatine of Lancaster, and all
jurisdiction and powers of the chancellor of the duchy
and county palatine of Lancaster when sitting alone
or apart from the lords justices of appeal in chancery
as a judge of re-hearing or appeal from decrees or
orders of the court of chancery of the county palatine
of Lancaster:
(3) All jurisdiction and powers of the court of the lord
warden of the Stannaries assisted by his assessors, in-
cluding all jurisdiction and powers of the said lord
warden when sitting in his capacity of judge :
(4) All jurisdiction and powers of the court of exchequer
chamber :
(5) All jurisdiction vested in or capable of being exercised
by Her Majesty in council, or the judicial committee
of Her Majesty's privy council, upon appeal from
any judgment or order of the high court of admiralty,
or from any order in lunacy made by the lord chan-
cellor, or any other person having jurisdiction in
lunacy.
19. The said court of appeal shall have jurisdiction and power
to hear and determine appeals from any judgment or order, save
as herein-after mentioned, of Her Majesty's high court of justice,
or of any judges or judge thereof, subject to the provisions of
this act, and to such rules and orders of court for regulating the
terms and conditions on which such appeals shall be allowed, as
may be made pursuant to this act.
For all the purposes of and incidental to the hearing and de-
termination of any appeal within its jurisdiction, and the amend-
ment, execution, and enforcement of any judgment or order made
on any such appeal, and for the purpose of every other authority
expressly given to the court of appeal by this act, the said court
of appeal shall have all the power, authority, and jurisdiction by
this act vested in the high court of justice.
20. No error or appeal shall be brought from any judgment or
order of the high court of justice, or of the court of appeal, nor
from any judgment or order, subsequent to the commencement
of this act, of the court of chancery of the county palatine of
Supreme Court of Judicature Act 549
Lancaster, to the house of lords or to the judicial committee o{
Her Majesty's privy council; but nothing in this act shall preju-
dice any right existing at the commencement of this act to prose-
cute any pending writ of error or appeal, or to bring error or
appeal to the house of lords or to Her Majesty in council, or to
the judicial committee of the privy council, from any prior
judgment or order of any court whose jurisdiction is hereby trans-
ferred to the high court of justice or to the court of appeal.
21. It shall be lawful for Her Majesty, if she shall think fit, at
any time hereafter by order in council to direct that all appeals
and petitions whatsoever to Her Majesty in council which accord-
ing to the laws now in force ought to be heard by or before the
judicial committee of Her Majesty's privy council, shall, from
and after a time to be fixed by such order, be referred for hear-
ing to and be heard by Her Majesty's court of appeal; and from
and after the time fixed by such order, all such appeals and peti-
tions shall be referred for hearing to and be heard by the said
court of appeal accordingly, and shall not be heard by the said
judicial committee; and for all the purposes of and incidental to
the hearing of such appeals or petitions, and the reports to be
made to Her Majesty thereon, and all orders thereon to be after-
wards made by Her Majesty in council, and also for all purposes
of and incidental to the enforcement of any such orders as may
be made by the said court of appeals or by Her Majesty, pursu-
ant to this section (but not for any other purpose), all the power,
authority, and jurisdiction now by law vested in the said judicial
committee shall be transferred to and vested in the said court of
appeal.
The court of appeal, when hearing any appeals in ecclesiastical
causes which may be referred to it in manner aforesaid, shall be
constituted of such and so many of the judges thereof, and shall
be assisted by such assessors being archbishops or bishops of the
Church of England, as Her Majesty, by any general rules made
with the advice of the judges of the said court, or any five of
them (of whom the lord chancellor shall be one), and of the arch-
bishops and bishops who are members of Her Majesty's privy
council, or any two of them (and which general rules shall be
made by order in council), may think fit to direct: provided that
such rules shall be laid before each house of parliament within
forty days of the making of the same, if parliament be then sit-
ting, or if not, then within forty days of the commencement of
the then next ensuing session; and if an address is presented to
Her Majesty by either house of parliament within the next sub-
550 English Constitutional Documents
sequent forty days on which the said house shall have sat, praying
that any such rule may be annulled, Her Majesty may thereupon
by order in council annul the same; and the rules so annulled
shall thenceforth become void and of no effect, but without preju-
dice to the validity of any proceeding which may in the mean-
time have been taken under the same.
22. From and after the commencement of this act the several
jurisdictions which by this act are transferred to and vested in
the said high court of justice and the said court of appeal re-
spectively shall cease to be exercised, except by the said high
court of justice and the said court of appeal respectively, as pro-
vided by this act; * * *
24. [Law and equity to be concurrently administered by both
the High Court of Justice and the Court of Appeal.]
31. For the more convenient dispatch of business in the said
high court of justice (but not so as to prevent any judge from sit-
ting whenever required in any divisional court, or for any judge
of a different division from his own), there shall be in the said
high court five divisions consisting of such number of judges
respectively as herein-after mentioned. * * *
The said five divisions shall be called respectively the chancery
division, the queen's bench division, the common pleas division,
the exchequer division, and the probate, divorce, and admiralty
division. * * *
272. Appellate Jurisdiction Act
(1876, August II. 39 & 40 Victoria, c. 59.)
BE it enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows :
1. This Act may be cited for all purposes as "The Appellate
Jurisdiction Act, 1876."
2. This Act shall, except when it is otherwise expressly provided,
come into operation on the first day of November, 1876, which day
is hereinafter referred to as the commencement of this Act.
Appellate Jurisdiction Act 551
3. Subject as in this Act mentioned, an appeal shall lie to the
House of Lords from any order or judgment of any of the courts
following ; that is to say,
(1) of Her Majesty's Court of Appeal in England ; and
(2) of any Court in Scotland from which error or an appeal
at or immediately before the commencement of this
Act lay to the House of Lords by common law or by
statute ; and
(3) of any Court in Ireland from which error or an appeal
at or immediately before the commencement of this
Act lay to the House of Lords by common law or by
statute.
4. Every appeal shall be brought by way of petition to the
House of Lords, praying that the matter of the order or judgment
appealed against may be reviewed before Her Majesty the Queen
in Her Court of Parliament, in order that the said Court may
determine what of right, and according to the law and custom of
this realm, ought to be done in the subject-matter of such appeal.
5. An appeal shall not be heard and determined by the House
of Lords unless there are present at such hearing and determina-
tion not less than three of the following persons, in this Act
designated Lords of Appeal ; that is to say,
(1) The Lord Chancellor of Great Britain for the time being ;
and
(2) The Lords of Appeal in Ordinary to be appointed as in
this Act mentioned ; and
(3) Such Peers of Parliament as are for the time being hold-
ing or have held any of the offices in this Act described
as high judicial offices.
6. For the purpose of aiding the House of Lords in the hearing
and determination of appeals, Her Majesty may, at any time after
the passing of this Act, by letters patent appoint two qualified
persons to be Lords of Appeal in Ordinary, but such appoint-
ment shall not take effect until the commencement of this Act.
A person shall not be qualified to be appointed by Her Majesty
a Lord of Appeal in Ordinary unless he has been at or before the
time of his appointment the holder for a period of not less than
two years of some one or more of the offices in this Act described
as high judicial offices, or has been at or before such time as
aforesaid, for not less than fifteen years, a practising barrister in
England or Ireland, or a practising advocate in Scotland.
Every Lord of Appeal in Ordinary shall hold his office during
good behaviour, and shall continue to hold the same notwith-
552 English Constitutional Documents
standing the demise of the Crown, but he may be removed from
such office on the address of both Houses of Parliament.
There shall be paid to every Lord of Appeal in Ordinary a
salary of six thousand pounds a year.
Every Lord of Appeal in Ordinary, unless he is otherwise
entitled to sit as a member of the House of Lords, shall by virtue
and according to the date of his appointment be entitled during
his life to rank as a Baron by such style as Her Majesty may be
pleased to appoint, and shall during the time that he continues in
his office as a Lord of Appeal in Ordinary, and no longer, be
entitled to a writ of summons to attend, and to sit and vote in the
House of Lords ; his dignity as a Lord of Parliament shall not
descend to his heirs.
On any Lord of Appeal in Ordinary vacating his office, by
death, resignation, or otherwise, Her Majesty may fill up the
vacancy by the appointment of another qualified person.
A Lord of Appeal in Ordinary shall, if a Privy Councillor, be a
member of the Judicial Committee of the Privy Council, and, sub-
ject to the due performance by a Lord of Appeal in Ordinary of
his duties as to the hearing and determining of appeals in the
House of Lords, it shall be his duty, being a Privy Councillor, to
sit and act as a member of the Judicial Committee of the Privy
Council.
273. Abolition of Names of King's Bench,
Common Pleas, and Exchequer for Divis-
ions of the High Court of Justice
(1877, April 24. 40 Victoria, c. 9.)
4. AND whereas it is expedient that a uniform style should be
provided for the ordinary judges of the court of appeal and for the
judges of the high court of justice (other than the presidents of
divisions) : be it enacted, that the ordinary judges of the court of
appeal shall be styled Lords Justices of Appeal, and the judges
of the high court of justice (other than the presidents of divisions)
shall be styled Justices of the High Court.
Reform Act of 1884 553
274. Abolition of Certain Judicial Offices
(1881, August 27. 44 & 45 Victoria, c. 68.)
2. FROM and after the passing of this act the present and every
future Master of the Rolls shall cease to be a judge of Her
Majesty's high court of justice, but shall continue by virtue of his
office to be a judge of Her Majesty's court of appeal.
25. Where by any statute any power is given to or any act is
required or authorised to be done by the Lord Chief Justice of the
Common Pleas and the Lord Chief Baron of the Exchequer, or
either of them, either solely or jointly with the Lord Chief Justice
of the Queen's Bench or the Lord Chief Justice of England, and
either with or without the Lord Chancellor or any judge, officer,
or person, such power may henceforth be exercised and such act
done by the Lord Chief Justice of England ; and where by any
statute the concurrence of the Lord Chief Justice of the Common
Pleas, and the Lord Chief Baron of the Exchequer, or either of
them, is required for the exercise of any power, or the perform-
ance of any act, it shall be sufficient henceforth that the Lord
Chief Justice of England shall concur therein.
275. Reform Act of 1884
(1884, December 6. 48 Victoria, c. 3.)
BE it enacted by the queen's most excellent Majesty, by and
with the advice and consent of the lords spiritual and tempo-
ral, and commons, in this present parliament assembled, and by
the authority of the same, as follows :
PRELIMINARY
i. This act my be cited as the Representation of the People
Act, 1884.
554 English Constitutional Documents
EXTENSION OF THE HOUSEHOLD AND LODGER FRANCHISE
2. A uniform household franchise and a uniform lodger fran-
chise at elections shall be established in all counties and boroughs
throughout the united kingdom, and every man possessed of a
household qualification or a lodger qualification shall, if the quali-
fying premises be situate in a county in England or Scotland, be
entitled to be registered as a voter, and when registered to vote at
an election for such county, and if the qualifying premises be
situate in a county or borough in Ireland, be entitled to be reg-
istered as a voter, and when registered to vote at an election for
such county or borough.
3. Where a man himself inhabits any dwelling-house by virtue
of any office, service, or employment, and the dwelling-house is
not inhabited by any person under whom such man serves in such
office, service, or employment, he shall be deemed for the pur-
poses of this act and of the representation of the people acts to
be an inhabitant occupier of such dwelling-house as a tenant.
276. Third Redistribution of Parliamentary
Seats
(1885, June 25. 48 & 49 Victoria, c. 23.)
BE it enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present parliament and by the
authority of the same, as follows :
PRELIMINARY
i. This act may be cited as "The Redistribution of Seats Act,
1885."
Third Redistribution of Parliamentary Seats 555
PART I
REDISTRIBUTION
Boroughs
2. From and after the end of this present parliament the par-
liamentary boroughs named in the first part of the First Schedule
[103 in all] shall cease as boroughs to return any member.
3. [Boroughs of Macclesfield and Sandwich disfranchised for
corruption.]
4. From and after the end of this present parliament the City
of London shall return two members, and no more, and each of
the parliamentary boroughs named in the Second Schedule [39 in
all] shall return one member, and no more.
5. [Parliamentary boroughs named in Third Schedule [19 in
all] given additional members.]
6. [Towns and places named in the Fourth Schedule [33 in
all] made parliamentary boroughs.]
7. [Alterations of boundaries of boroughs.]
8. [Division of boroughs for electoral purposes.]
Counties
9. [Division of counties for electoral purposes into divisions
returning one member each the counties of England and Wales
into 244 divisions, the counties of Scotland into 46 divisions, and
the counties of Ireland into 85 divisions.]
Printed in the United States of
A HISTORY OF GREECE
For High Schools and Academies
By GEORGE WILLIS BOTSFORD, PhJ>.
Instructor in the History of Greece and Rom* i* Harvard U*i*xrsi+
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has been careful to give just enough to make the course of events clear and
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of the schoolboy> and he has from time to time worked in translations from
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This gives one the feeling that we are listening to the Greeks telling their
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(In the Annals of the American Academy of Political
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THE GROWTH OF THE FRENCH NATION
By GEORGE BURTON ADAMS
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A STUDENT'S HISTORY OF THE UNITED STATES
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With Suggestions to Teachers by ANNA BOYNTON THOMPSON,
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TOPICS ON GREEK AND ROMAN HISTORY
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AMERICAN HISTORY TOLD BY CONTEMPORARIES
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