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APPELLATE JURISDICTION ACT 1876

APPELLATE JURISDICTION ACT 1876 - LONG TITLE

An Act for Amending the Law in respect of the Appellate
Jurisdiction of the House of Lords; and for other purposes.
[11th August 1876]
Preliminary

APPELLATE JURISDICTION ACT 1876 - SECT 1

1. This Act may be cited for all purposes as the Appellate
Jurisdiction Act, 1876.

S.2 rep. by SLR 1894

S.3 rep. by 1962 c.30 s.30(2)(a) sch.4 Pt.I

APPELLATE JURISDICTION ACT 1876 - SECT 4
Form of appeal to House of Lords.

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.

APPELLATE JURISDICTION ACT 1876 - SECT 5
Attendance of certain number of Lords of Appeal required at hearing
and determination of appeals.

5. An appeal shall not be heard and determined by the House of
Lords unless there are present at such hearing and determination 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 holding or
have held any of the offices in this Act described as high
judicial offices.

APPELLATE JURISDICTION ACT 1876 - SECT 6
Appointment of Lords of Appeal in Ordinary by Her Majesty.

6. For the purpose of aiding the House of Lords in the hearing
and determination of appeals, Her Majesty may by letters patent
appoint ... qualified persons to be Lords of Appeal in Ordinary.

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, ... but he may be removed from such office on the
address of both Houses of Parliament.

...

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 ... 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, subject
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.

S.7 rep. by 1959 c.9 s.9(2) sch.3; 1965 c.61 s.5(3) sch.3; 1973
c.15 s.21 sch.5 Pt.V

APPELLATE JURISDICTION ACT 1876 - SECT 8
Hearing and determination of appeals during prorogation of Parliament.

8. For preventing delay in the administration of justice, the House
of Lords may sit and act for the purpose of hearing and
determining appeals and also for the purpose of the Lords of Appeal
in Ordinary taking their seats and the oaths, during any prorogation
of Parliament, at such time and in such manner as may be appointed
by order of the House of Lords made during the preceding session
of Parliament; and all orders and proceedings of the said House in
relation to appeals and matters connected therewith during such
prorogation, shall be as valid as if Parliament had been then
sitting, but no business other than the hearing and determination of
appeals and the matters connected therewith, and Lords of Appeal in
Ordinary taking their seats and the oaths as aforesaid, shall be
transacted by such House during such prorogation.

...

Hearing and determination of appeals during dissolution of Parliament.

APPELLATE JURISDICTION ACT 1876 - SECT 9

9. If on the occasion of a dissolution of Parliament Her Majesty
is graciously pleased to think that it would be expedient, with a
view to prevent delay in the administration of justice, to provide
for the hearing and determination of appeals during such dissolution,
it shall be lawful for Her Majesty, by writing under her Sign
Manual, to authorise the Lords of Appeal in the name of the House
of Lords to hear and determine appeals during the dissolution of
Parliament, and for that purpose to sit in the House of Lords at
such times as may be thought expedient; and upon such authority as
aforesaid being given by Her Majesty, the Lords of Appeal may,
during such dissolution, hear and determine appeals and act in all
matters in relation thereto in the same manner in all respects as
if their sittings were a continuation of the sittings of the House
of Lords, and may in the name of the House of Lords exercise the
jurisdiction of the House of Lords accordingly.

S.10 rep. by 1960 c.65 s.19 sch.4

APPELLATE JURISDICTION ACT 1876 - SECT 11
Procedure under Act to supersede all other procedure.

11. ... an appeal shall not lie from any of the courts from which
an appeal to the House of Lords is given by this Act, except in
manner provided by this Act, and subject to such conditions as to
the value of the subject-matter in dispute, and as to giving
security for costs, and as to the time within which the appeal
shall be brought, and generally as to all matters of practice and
procedure, or otherwise, as may be imposed by orders of the House
of Lords.

S.12 rep. by 1962 c.30 s.30(2)(a) sch.4 Pt.I. S.13 rep. by SLR
1883. S.14 rep. by SLR 1894; 1965 c.61 s.5(3) sch.3; 1968 c.5 s.1
sch.

Definitions:

APPELLATE JURISDICTION ACT 1876 - SECT 25

25. In this Act, if not inconsistent with the context, the
following expressions have the meaning herein-after respectively
assigned to them; that is to say,"High judicial office" means any
of the following offices; that is to say,

The Office of Lord Chancellor of Great Britain ..., or of Judge of
one of Her Majesty's superior courts of Great Britain and
Ireland:"Superior Courts of Great Britain and Ireland" means and
includes

As to England, Her Majesty's High Court of Justice and Her
Majesty's Court of Appeal, ...; and

[As to Northern Ireland, Her Majesty's High Court of Justice in
Northern Ireland and Her Majesty's Court of Appeal in Northern
Ireland]; and

As to Scotland, the Court of Session:

Definition rep. by SLR 1894