THE LAW AND PRACTICE OF THE SUPREME COURT OF JUDICATURE. BY ARUNDEL ROGERS, ESQ., BARRISTER-AT-LAW; AUTHOR OF THE LAW OF MINES, MINERALS, AND QUARRIES.' LONDON: BUTTERWORTHS, 7, FLEET STREET, E.C., 1875. ΤΟ THE RIGHT HONOURABLE LORD CAIRNS, LORD HIGH CHANCELLOR, This Dolume is Dedicated, BY PERMISSION, AS A HUMBLE TRIBUTE OF RESPECT, AND IN RECOGNITION OF THE EMINENT SERVICES RENDERED BY HIS LORDSHIP TO THE NATION, IN THE IMPROVEMENT OF OUR LAWS AND ADMINISTRATION OF JUSTICE, INNER TEMPLE, October, 1875 BY THE AUTHOR. PREFACE. THE prosperity and happiness of a people, depend very much upon the due administration of the Laws under which they live and by which they are governed. For centuries the Laws of England have been ably administered, but the Judges upon whom have devolved this duty, have only possessed imperfect powers, and not unfrequently, whilst recognising the principle that there was no wrong without a remedy, have been unable to adjudicate satisfactorily upon many questions which have come before them. It was this defect in the administrative Powers of the Judge, which eventually led to the passing of the Judicature Acts, 1873 and 1875. The Author, in presenting a practical Work upon this subject, was much disposed to overlook the past and confine himself to recent legislation only; but he had no sooner undertaken the task, than he discovered the necessity of treating the subject upon a broader basis. Accordingly, on the passing of the Judicature Act, 1873, some attention was given to Legal and Constitutional History, with a view of presenting to the reader in a tangible form, the origin of Common Law and Equity, and the gradual introduction of the system under which the various Courts of the Realm, became independent of each other and administered the same laws upon distinct principles. These points of |