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Administration of Justice Act 1925

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This is the original version (as it was originally enacted).

SCHEDULES.

Section 6.

FIRST SCHEDULEQualifications for certain Offices Supreme Court

Office.Persona qualified for appointment.
For the purposes of this Schedule, any persons who, having been called to the bar or admitted as solicitors before the fourth day of August, nineteen hundred and fourteen, have practised as barristers or solicitors for a period of, or periods amounting in the aggregate to, not less than ten years shall, if they served in His Majesty's Forces in the late war, be deemed to be practising barristers and practising solicitors respectively.
1. Permanent Secretary to the Lord Chancellor and Clerk of the Crown.

1.—

(i)

A practising barrister of not less than ten years' standing; or ,

(ii)

A barrister of not less than ten years' standing who has during the ten years immediately preceding his appointment been employed in some legal capacity under the State, or who has during part of that period been employed in such a capacity and during the remainder of that period been in practice as a barrister.

2. Master, King's Bench Division (including the King's Coroner and Attorney and Master of the Crown Office).

2.—

(i)

A practising barrister of not less than ten years' standing; or

(ii)

An official referee ; or

(iii)

A master in lunacy.

3. Official Referee

3.—

(i)

A practising barrister of not less than ten years' standing; or

(ii)

A master, King's Bench Division; or

(iii)

A master in lunacy.

4 Master in Lunacy

4.—

(i)

A practising barrister of not less than ten years' standing ; or

(ii)

A master, King's Bench Division; or

(iii)

An official referee.

5. Registrar in Bankruptcy of the High Court.5.—A practising barrister or practising solicitor of not less than ten years' standing.
6. Master, Chancery Division.

6.—

(i)

A practising solicitor of not less than ten years' standing ; or

(ii)

A master, Taxing Office, provided he has been a practising solicitor of not less than ten years' standing ; or

(iii)

The official solicitor to the Supreme Court, provided he has been a practising solicitor of not less than ten years' standing.

7. Master, Taxing Office.

7.—

(i)

A practising solicitor of not less than ten years' standing ; or

(ii)

An admitted solicitor of not less than ten years' standing who has during the ten years immediately preceding his appointment been employed as deputy or assistant master or as deputy or assistant to the official solicitor or as a clerk in the offices of the Royal Courts of Justice, or who has during part of that period been employed as such deputy or assistant or clerk and during the remainder of that period been in practice as a solicitor, provided that there shall at no time be more than one taxing master who shall have been appointed by virtue of the qualification specified in this paragraph ; or

(iii)

A master, Chancery Division; or

(iv)

The official solicitor to the Supreme Court, provided he has been a practicing solicitor of not less than ten years' standing.

8. Legal Visitor in Lunacy.8. A practising barrister or practising solicitor of not less than ten years' , standing.
9. Official Solicitor to the Supreme Court.

9.—

(i)

A practising solicitor of not less than ten years' standing; or

(ii)

An admitted solicitor .of not less than ten years' standing who has during the ten years immediately preceding his appointment been employed as deputy or assistant master or as deputy or assistant to the official solicitor or as a clerk in the offices of the Royal Courts of Justice, or who has during part of that period been employed as such deputy or assistant or clerk and during the remainder of that period been in practice as a solicitor; or

(iii)

A master, Chancery Division ; or

(iv)

A master, Taxing Office.

Section 15.

SECOND SCHEDULEEnactments containing and regulating Matters with respect to which Rules of court that be made

Session and Chapter.Title or Short Title.Enactments affected.
4 Will. & Mar. c. 18.An Act to prevent malicious informations in the Court of King's Bench.The whole Act so far as unrepealed.
8 & 9 Will. 3. c. 11.An Act for the. better preventing of frivolous and vexatious suits.The whole Act so far as unrepealed.
4 & 5 Anne c. 3.An Act for the Amendment of the Law and the better Advancement of Justice.Sections twelve and thirteen.
7 Geo. 2. c. 20The Mortgage Act, 1733.The whole Act.
39 & 40 Geo. 3. c. 36.The Transfer of Stock Act, 1800.The whole Act so far as unrepealed.
10 Geo. 4. c. 13.The Court Funds Act, 1829.The whole Act so far as unrepealed.
11 Geo. 4. & 1 Will 4. c. 36.The Contempt of Court Act, 1830.The whole Act so far as unrepealed.
2 & 3 Will. 4. c. 58.The Contempt of Court Act, 1832.The whole Act so far as unrepealed.
3 & 4 Will. 4. c. 42.The Civil Procedure Act, 1833.Sections sixteen and eighteen.
1 & 2 Vict. c. 110.The Judgments Act, 1838.Sections fourteen and fifteen.
3 & 4 Vict. c. 65.The Admiralty Court Act, 1840.Sections seven, eight, and nine.
3 & 4 Vict. c. 82.The Judgments Act, 1840.The whole Act so far as unrepealed.
5 Vict. c. 5.The Court of Chancery Act, 1841.Section four.
5 & 6 Vict. c. 86.The Exchequer Court Act, 1842.The whole Act so far as unrepealed.
5 & 6 Vict. c. 97.The Limitations of Actions and Costs Act, 1842.Sections four and five.
12 & 13 Vict. c. 109.The Petty Bag Act, 1849.The whole Act so far as unrepealed.
15 & 16 Vict. c. 76.The Common- Law Procedure Act, 1852.Sections one hundred and twenty-six, one hundred and twenty-seven, one hundred and thirty-two, two hundred and ten to two hundred and fourteen, and two hundred and seventeen to two hundred and twenty.
20 & 21 Vict. c. 77.The Court of Probate Act, 1857.Sections twenty-four, twenty-six and thirty-one.
20 & 21 Vict. c. 85.The Matrimonial Causes Act, 1857.Sections thirty-nine, forty-one to forty-four, forty six, and forty-nine.
21 & 22 Vict. c. 93.The Legitimacy Declaration Act, 1858.Section three.
21 & 22 Vict. c. 95.The Court of Probate Act, 1858.Section twenty-three.
21 & 22 Vict. c. 108.The Matrimonial Causes Act, 1858.Section thirteen.
23 & 24 Vict. c. 126.The Common Law Procedure Act, 1860.Section seventeen.
23 & 24 Vict. c. 149.The Court of Chancery Act, 1860.Sections two, three, five, and six.
24 & 25 Vict. c. 10.The Admiralty Court Act, 1861.Sections sixteen, eighteen, twenty-five, twenty-six, twenty-eight, thirty-three, and thirty-four.
36 & 37 Vict. c. 66.The Supreme Court of Judicature Act, 1873.Sections forty-six, sixty-four and sixty-six.

Section 17.

THIRD SCHEDULEScheme for Establishment of District Probate Registries

Group.Registries.Sub-registries.

NOTES.

1.

The place first mentioned in the second column of the foregoing Table in relation to each group shall be the chief registry of the group, and the registrar of that place shall by virtue of his office be the registrar of the other registries and of any sub-registries in the group.

2.

If the President, with, the concurrence of the Lord Chancellor and the Treasury and after consultation with the council of the borough of Cardiff, thinks fit so to direct, Llandaff shall be substituted for Cardiff as the chief registry of Group 9.

3.

In addition to the places mentioned in the third column of the said Table, there shall be a district probate sub-registry at Canterbury which shall be under the management of the principal probate registry.

1Newcastle
Durham
Carlisle
2Leeds
Sheffield
York
3Manchester
4Liverpool
Lancaster
5Chester{ Bangor.
{ Shrewsbury.
6LincolnDerby.
Nottingham
Leicester
7Peterborough
Norwich
Ipswich
8BirminghamNorthampton.
Oxford
9Cardiff{ Hereford.
{ Gloucester.
{ Carmarthen,
10BristolBodmin.
Exeter
11SouthamptonSalisbury.
Lewes

Section 27.

FOURTH SCHEDULEObsolete Enactments

Session and Chapter.Title or Short Title.Extent of Repeal.
8 Eliz. c. 2An Acte whereby the Defendant maye recover his Costes beinge wrongfully vexed.The whole Act.
34 Geo. 3 c. 58.The Lancaster Palatine Courts Act, 1794.The whole Act.
7 Will. 4 & 1 Vict. c. 30.The Superior Courts (Officers) Act, 1837.Section nineteen.
3 & 4 Vict. c. 65.The Admiralty Court Act, 1840.Sections twenty and twenty-one.
5 & 6 Vict. c. 103.The Court of Chancery Act, 1842.In section eleven the words from " and every solicitor " to the end of the section.
15 & 16 Vict. c. 73.The Common Law Courts Act, 1852.Section twenty-six.
15 & 16 Vict. c. 80.The Court of Chancery Act, 1852Sections nineteen, twenty and , twenty-three.
15 & 16 Vict. c. 87.The Court of Chancery Act, 1852.Sections three and four.
20 & 21 Vict. c 77.The Court of Probate Act, 1857.Sections eighty-eight and ninety-four.
20 & 21 Vict. c. 85.The Matrimonial Causes Act, 1857.Sections thirty-seven, thirty-eight, and forty.
21 & 22 Vict. c. 95.The Court of Probate Act, 1858.Sections seventeen and twenty-eight.
21 & 22 Vict. . c. 108.The Matrimonial Causes Act, 1858.Sections five and fourteen.
23 & 24 Vict. c. 149.The Court of Chancery Act, 1860.Section nine.
24 & 25 Vict. c. 10.The Admiralty Court Act, 1861.Sections thirteen, twenty-one, twenty-three, and thirty.
30 & 31 Vict. c. 87.The Court of Chancery (Officers) Act, 1867.The whole Act.
32 & 33 Vict. c. 89.The Clerks of Assize, &c, Act, 1869.Paragraph (2) of section three.
32 & 33.Vict. c. 91.The Courts of Justice (Salaries and Funds) Act, 1869.Section eight.
35 & 36 Vict. c. 44.The Court of Chancery (Funds) Act, 1872.Section twenty-five.
36 & 37 Vict. c. 66.The Supreme Court of Judicature Act, 1873.In section twenty-nine the words from " and subject to any restrictions" to the end of the section, in section thirty-two the words from "and such Order" to the words " and patronage but," in section thirty-three the words from " every document " to the end of the section, section forty-four, in section fifty-two the words " or a Divisional Court thereof," and in section eighty-four the words from the beginning of the section to the words " from time to time determine,"
38 & 39 Vict. c. 77.The Supreme Court of Judicature Act, 1875.In paragraph 1 of section twenty-three the words from " and in particular" to the words " any of them."
42 & 43 Vict. c. 78.The Supreme Court of Judicature (Officers) Act, 1879.In section ten the words' " or has practised for five " years as a special pleader " or as a special pleader and " barrister," and sections sixteen and twenty-six.
44 & 45 Vict. c. 68.The Supreme Court of Judicature Act, 1881.Section eleven.
53 & 54 Vict. c. 44.The Supreme Court of Judicature Act, 1890.Section two.
54 & 55 Vict. c. 14.The Supreme Court of Judicature (London Causes) Act, 1891.The whole Act.

Section 29.

FIFTH SCHEDULEEnactments repealed

Session and Chapter.Short Title.Extent of Repeal.
7 Will. 4 and 1 Vict. c. 30.The Superior Courts (Officers) Act, 1837.Section thirteen.
3 & 4 Vict. c. 65.The Admiralty Court Act, 1840.Section eighteen.
5 & 6 Vict. c. 103.The Court of Chancery Act, 1842.Section six.
15 &16 Vict. c. 80.The Court of Chancery Act, 1852.Sections seventeen and twenty-one.
20 & 21 Vict. c 77.The Court of Probate Act, 1857.Sections nineteen and eighty-one, and, as from the date on which section eighteen of this Act comes into operation, in section forty-six the words from " if it shall appear," to " stated in the affidavit," section forty-seven, and in section forty-nine the words " and the " place of his abode at his " decease as stated in the " affidavit made in support " of such application."
20 & 21 Vict. c. 85.The Matrimonial Causes Act, 1857.Sections thirty-six, fifty-three, fifty-four and sixty-seven.
21 & 22 Vict. c. 93.The Legitimacy Declaration Act, 1858.In section four the words from " and the powers" to the words " before the court."
21 & 22 Vict. c. 95.The Court of Probate Act, 1858.Section fifteen, in section twenty-one the words from " and the Court " to the end of the section and, as from the date on which section eighteen of this Act comes into operation, in section twenty the words from ;" and " for and in respect of," to the end of the section.
24 & 25 Vict. c. 10.The Admiralty Court Act, 1861.In section twenty-seven, the words " or deputy."
32 & 33 Vict. c. 91.The Courts of Justice (Salaries and Funds) Act, 1869.Section fourteen so far as it relates to officers of the Supreme Court.
35 & 36 Vict. c. 44.The Court of Chancery (Funds) Act, 1872.In section eight the words from " and shall " to the end of the section, the first paragraph of section nineteen, and section twenty.
36 & 37 Vict. c. 66.The Supreme Court of Judicature Act, 1873.Section eight, in paragraph (2) of section thirty-four the words " except appeals from county " courts," in section sixty the words from "and Her Majesty" to the end of that section, in section eighty-three the words " and the qualifications," and in section eighty-four the words from " any " officer of the Supreme " Court "to " order of " removal."
38 & 39 Vict. c. 77.The Supreme Court of Judicature Act, 1875.Sections thirteen, seventeen, eighteen, twenty-two and twenty-four.
39 & 40 Vict. c. 59.The Appellate Jurisdiction Act 1876.Section sixteen, in section seventeen the words from " and rules of court for " to the end of the section and section twenty-two.
42 & 43 Vict. c. 78.The Supreme Court of Judicature (Officers) Act, 1879.Subsection (4) of section nine, sections ten, eleven, thirteen, eighteen and twenty-two.
44 & 45 Vict. c. 59.The Statute Law Revision and Civil Procedure Act, 1881,In section six the words from " matters with respect" to the words " and to all."
44 & 45 Vict. c. 68.The Supreme Court of Judicature Act, 1881.Section twenty-two.
46 & 47 Vict. c. 29.The Supreme Court of Judicature (Funds, etc.) Act, 1883.Subsection (2) of section four.
46 & 47 Vict. c. 49.The Statute Law Revision and Civil Procedure Act, 1883.Section six.
47 & 48 Vict. c. 20.The Greek Marriages Act, 1884.In section one the words from "or with such rules" to the end of the section.
47 & 48 Vict. c. 61.The Supreme Court of Judicature Act, 1884.Section twenty-three.
52 & 53 Vict. c. 49.The Arbitration Act, 1889.Section twenty-one.
53 & 54 Vict. c. 5.The Lunacy Act, 1890In subsection (3) of section one hundred and eleven the words "must be a barrister " of not less than ten years' " standing and" and in subsection (5) of that section the words " number and," and in subsection (2) of section one hundred and sixty-three the words " being a barrister of not less than live years' standing."
53 & 54 Vict. c. 44.The Supreme Court of Judicature Act, 1890.Section three.
57 &. 58 Vict. c. 16.The Supreme Court of Judicature (Procedure) Act, 1894.Section five and the Schedule.
58 & 59 Vict. c. 39.The Summary Jurisdiction (Married Women) Act, 1895.In section eleven the words from " rules of court " to the end of the section.
8 Edw. 7.c. 47.The Lunacy Act, 1908Section four.
8 Edw. 7.c. 69.The Companies (Consolidation) Act, 1908.In subsection (1) of section two hundred and thirty-eight, the words " and fees" so far as they relate to the High Court.
4 & 5 Geo. 5. c. 47.The Deeds of Arrangement Act, 1914.Section four, in subsection (1) of section five the words from " in like manner" to the words "to be filed," paragraph (c) of section six, in subsection (4) of section thirteen the words from " and the " to the end of the section, in section twenty-seven the words from "and for the purposes" to the end of the section, section twenty-eight, in section twenty-nine the words from " but this " to the end of the section, and in section thirty the interpretation of "prescribed."
9 & 10 Geo. 5 c. 26.The Grant of Administration (Bonds) Act, 1919.The whole Act,
10 & 11 Geo.5. c. 81.The Administration of Justice Act, 1920.Section two, subsection (1) of section three, and section eighteen.
12 & 13 Geo.5. c. 16.The Law of Property Act, 1922.In subsection (9) of section one hundred and fifty-six the words from " and for dispensing " to the end of the subsection.

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