Administration of Justice (Appeals) Act 1934 (repealed) (c. 40)

Administration of Justice (Appeals) Act 1934

1934 CHAPTER 40 24 and 25 Geo 5

An Act to provide that no appeal shall lie from the Court of Appeal to the House of Lords except with the leave of that Court or the House of Lords, to make further provision as respects appeals from county courts, and for purposes connected with the matters aforesaid.

[25th July 1934]

1 Restriction on appeals from Court of Appeal to House of Lords. E+W

(1) No appeal shall lie to the House of Lords from any order or judgment made or given by the Court of Appeal after the first day of October nineteen hundred and thirty-four, except with the leave of that Court or of the House of Lords.

(2) The House of Lords may by order provide for the hearing and determination by a Committee of that House of petitions for leave to appeal from the Court of Appeal:

Provided that section five of the M1 Appellate Jurisdiction Act 1876 shall apply to the hearing and determination of any such petition by a Committee of the House as it applies to the hearing and determination of an appeal by the House.

(3) Nothing in this section shall affect any restriction existing, apart from this section, on the bringing of appeals from the Court of Appeal to the House of Lords.

Marginal Citations

M1 1876 c. 59.

2 Appeals from county courts. E+W

(1) Every appeal from a judgment, direction, decision, decree or order of a judge of a county court given or made after such date as the Lord Chancellor may by order appoint, being an appeal under any of the enactments set out in the first column of F1 . . . the Schedule to this Act. shall lie to the Court of Appeal instead of to the High Court; and accordingly those enactments F1 . . . shall have effect in relation to any such appeal subject to the modifications respectively specified in the second column F1 . . . of that Schedule.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words repealed by County Courts Act 1934 (c. 53), Sch. 5

F2 S. 2(2), Sch. Pts. II, III repealed by County Courts Act 1934 (c. 53), Sch. 5

3 Short title and extent. E+W

(1) This Act may be cited as the Administration of Justice (Appeals) Act 1934.

(2) This Act shall not extend to Scotland or Northern Ireland.

SCHEDULE E+W Enactments as to Appeals from County Courts

Part I E+W Enactments under which Appeals are to lie to Court of Appeal, and consequential amendments

Enactment	Modification
F3 . . .	F3 . . .
Section thirty of the Commons Act 1876.	For the words “High Court of Justice” there shall be substituted the words “Court of Appeal.”
F4 . . .	F4 . . .
F5 . . .	F5 . . .
F6 . . .	F6 . . .
Subsection (2) of section one hundred and ninety-four of the M2 Law of Property Act 1925.
F3 . . .	F3 . . .

Textual Amendments

F3 Words repealed by County Courts Act 1934 (c. 53), Sch. 5

F4 Words repealed by County Courts Act 1934 (c. 53), Sch. 5 and Rivers (Prevention of Pollution) Act 1951 (c. 64), Sch. 3

F5 Sch. Pt. I: entry relating to the Tithe Act 1891 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VI.

F6 Words repealed by Control of Pollution Act 1974 (c. 40), Sch. 4

Marginal Citations

M2 1925 c. 20.

F7 Parts II, III E+W

Textual Amendments

F7 S. 2(2), Sch. Pts. II, III repealed by County Courts Act 1934 (c. 53), Sch. 5

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