Editing Supreme Court of Judicature Act 1873

{{Short description|1873 UK law reorganising the English court system}}
{{Use dmy dates|date=April 2022}}
{{Use British English|date= April 2025}}
{{missing information|effects of the act other than on the appellate jurisdiction of the House of Lords|date=October 2014}}
{{Infobox UK legislation
| short_title           = Supreme Court of Judicature Act 1873{{efn|Section 1.}}
| type                  =  Act
| parliament            = Parliament of the United Kingdom
| long_title            = An Act for the constitution of a Supreme Court, and for other purposes relating to the better Administration of Justice in England; and to authorise the transfer to the Appellate Division of such Supreme Court of the Jurisdiction of the Judicial Committee of Her Majesty's Privy Council.
| year                  = 1873
| citation              = [[36 & 37 Vict.]] c. 66
| introduced_commons    = 
| introduced_lords      = [[William Wood, 1st Baron Hatherley]]
| territorial_extent    = [[England and Wales]]{{efn|Preamble}}
| royal_assent          = 5 August 1873
| commencement          = 1 November 1875{{efn|Section 2 originally provided that the act would come into force on 2 November 1874. Section 2 of the act was repealed and replaced by section 2 of the [[Supreme Court of Judicature (Commencement) Act 1874]] ([[37 & 38 Vict.]] c. 83). Section 2 of the [[Supreme Court of Judicature Act 1875]] ([[38 & 39 Vict.]] c. 77) provided that the act would come into force on 1 November 1875, except any provision of that act declared to take effect before the commencement of the act and except sections 20, 21 and 25, which would come into force on 1 November 1876.}}
| repeal_date           = 
| amends                = 
| replaces              = 
| amendments            = {{ubli|[[Supreme Court of Judicature (Commencement) Act 1874]]|[[Supreme Court of Judicature Act 1875]]|[[Appellate Jurisdiction Act 1876]]|[[Statute Law Revision Act 1883]]|[[Arbitration Act 1889]]}}
| repealing_legislation =
| related_legislation   = [[Supreme Court of Judicature Act 1877]]
| status                = 
| original_text         = https://www.legislation.gov.uk/ukpga/Vict/36-37/66/enacted
}}
{{Infobox UK legislation
| short_title           = Supreme Court of Judicature (Commencement) Act 1874{{efn|Section 3.}}
| type                  = Act
| parliament            = Parliament of the United Kingdom
| long_title            = An Act for delaying the coming into operation of the Supreme Court of Judicature Act, 1873.
| year                  = 1874
| citation              = [[37 & 38 Vict.]] c. 83
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = [[United Kingdom]]
| royal_assent          = 7 August 1874
| commencement          = 7 August 1874{{efn|The [[Acts of Parliament (Commencement) Act 1793]].}}
| repeal_date           = 22 September 1893
| amends                = Supreme Court of Judicature Act 1873
| amendments            = [[Statute Law Revision Act 1883]]
| repealing_legislation = [[Statute Law Revision (No. 2) Act 1893]]
| related_legislation   = [[Supreme Court of Judicature Act 1875]]
| status                = Repealed
| original_text         = https://www.legislation.gov.uk/ukpga/Vict/37-38/83/contents/enacted
}}

The '''Supreme Court of Judicature Act 1873''' ([[36 & 37 Vict.]] c. 66) (sometimes known as the '''Judicature Act 1873''') was an [[Act of Parliament (United Kingdom)|act]] of the [[Parliament of the United Kingdom]] in 1873. It reorganised the [[English court system]] to establish the [[High Court of England and Wales|High Court]] and the [[Court of Appeal of England and Wales|Court of Appeal]], and also originally provided for the abolition of the [[judicial functions of the House of Lords]] with respect to [[England]].  It would have retained those functions in relation to [[Scotland]] and [[Ireland]] for the time being. However, the [[William Ewart Gladstone|Gladstone]] [[Liberal Party (UK)|Liberal]] government fell in 1874 before the act entered into force, and the succeeding [[Benjamin Disraeli, 1st Earl of Beaconsfield|Disraeli]] [[Conservative Party (UK)|Conservative]] government suspended the entry into force of the act by means of the '''Supreme Court of Judicature (Commencement) Act 1874''' ([[37 & 38 Vict.]] c. 83) and the [[Supreme Court of Judicature Act 1875]] ([[38 & 39 Vict.]] c. 77).

==History==
The legislation for the act was drafted by the Judicature Commission which was chaired by [[Lord Chancellor]] [[William Wood, 1st Baron Hatherley|Hatherley]].<ref name="G"/> Other members of the commission included judge [[George Bramwell, 1st Baron Bramwell|George Bramwell]], lawyers [[John Hollams|Sir John Hollams]], [[Robert Collier, 1st Baron Monkswell|Sir Robert Collier]], and [[John Burgess Karslake]], and parliament member [[George Ward Hunt]].<ref name="G">{{cite news|title=Sir John Hollams|work=[[The Guardian]]|date=4 May 1910|page= 14}}</ref>

==Liberal view==
One of the reasons that the Liberal government under Gladstone wanted to abolish the judicial aspect of the [[House of Lords]] was that it was concerned for the poor quality of [[judge]]s at this court. Judges at the House of Lords secured their position by mere virtue of the fact that their fathers were [[hereditary peer]]s and so individuals would automatically inherit seats in the upper house rather than securing their position through merit. Therefore, some of the best [[lawyer]]s in the land were prohibited from sitting as judges in the upper house simply because of their parentage.

==Conservative view==
However, under the Conservative government, the 1874 and 1875 acts retained the judicial aspect of the House of Lords and ensured the quality of judicial appointments to the House of Lords by legislating under the [[Appellate Jurisdiction Act 1876]], for the mechanism of [[Lords of Appeal in Ordinary|law lords]]. The reigning monarch could appoint any individual to be a peer and thus a judge in the House of Lords. These judicial life peers would hold seats only for the duration of their life; their seat would not pass through their inheritance to their son. Thus, [[Queen Victoria]] and subsequent monarchs were able to appoint leading lawyers to adjudicate in the House of Lords by making them life peers.

== Provisions ==
=== Short title, commencement and extent ===
Section 1 of the act provided that the act may be cited the "Supreme Court of Judicature Act, 1873".

Section 2 of the act provided that the act would come into force on 2 November 1874. This act was repealed and replaced was repealed and replaced by section 2 of the [[Supreme Court of Judicature (Commencement) Act 1874]] ([[37 & 38 Vict.]] c. 83). Section 2 of the [[Supreme Court of Judicature Act 1875]] ([[38 & 39 Vict.]] c. 77) provided that the act would come into force on 1 November 1875, except any provision of that act declared to take effect before the commencement of the act and except sections 20, 21 and 25, which would come into force on 1 November 1876.

The preamble to the act provided that the act would extend to [[England and Wales]].

==Appellate Jurisdiction Act 1876==
{{main|Appellate Jurisdiction Act 1876}}

[[Hugh Cairns, 1st Earl Cairns|Lord Cairns]], Disraeli's [[Lord Chancellor]], sought to remove the [[House of Lords]] jurisdiction for Scottish and Irish appeals as well, which would have completely removed its judicial jurisdiction. However, the Lord Chancellor could not muster the necessary support in Parliament for the bill as originally proposed in 1874 or when it was reintroduced in 1875. Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the [[Appellate Jurisdiction Act 1876]] removed the provisions for the abolition of the judicial functions of the House of Lords, although it retained the provisions that established the [[High Court of Justice|High Court]] and the [[Court of Appeal of England and Wales|Court of Appeal]].

== See also ==
*[[Judicature Act]]
*[[Judicature Acts]] (1873 and 1875)

== Notes ==
{{Notelist}}

== References ==
{{Reflist}}

== External links ==
* [https://www.parliament.uk/about/living-heritage/transformingsociety/laworder/court/overview/judicatureacts/ The Judicature Acts of 1873 and 1875] at the UK Parliament website

== Further reading ==
*Preston, Thomas. [https://books.google.com/books?id=ubsDAAAAQAAJ&pg=PP5 The Supreme Court of Judicature Act 1873]. William Amer. Lincoln's Inn Gate. London. 1873.
*Haynes, Freeman Oliver. The Supreme Court of Judicature Act 1873, with Explanatory Notes. 1874. Reviewed at "Reviews" (1874) 8 Irish Law Times and Solicitors Journal [https://books.google.com/books?id=H9kQAAAAYAAJ&pg=PA483 483]
*Charley, William Thomas. "Supreme Court of Judicature Act, 1873". The New System of Practice and Pleading Under the Supreme Court of Judicature Acts, 1873 & 1875. Waterlow and Sons. London. 1875. [https://books.google.com/books?id=QqYDAAAAQAAJ&pg=PA1 Page 1] et seq.
*Clowes, W. A Compendious Index to the Supreme Court of Judicature Act, 1873, 36 & 37 Vict. C. 66: And the Supreme Court of Judicature Act (1873) Amendment Act, 38 & 39 Vict. C. 77. [https://books.google.com/books?id=S_tKAAAAYAAJ&pg=PP9 Second Edition]. Stevens and Sons. Chancery Lane. London. 1875. 
*William Downes Griffith and Richard Loveland Loveland. "Supreme Court of Judicature Act 1873". The Supreme Court of Judicature Acts, 1873, 1875, & 1877: The Appellate Jurisdiction Act, 1876. And the Rules, Orders, and Costs Thereunder. Second Edition. Stevens and Haynes. Bell Yard, Temple Bar, London. 1877. [https://books.google.com/books?id=60AwAQAAMAAJ&pg=PA1 Page 1] et seq.
*Robert William Andrews and Arbuthnot Butler Stoney. "Supreme Court of Judicature Act, 1873". The Supreme Court of Judicature Acts, and the Appellate Jurisdiction Act, 1876. Reeves & Turner. Chancery Lane, London. 1880. [https://books.google.com/books?id=sKsSAAAAYAAJ&pg=PA1 Page 1] et seq.
*Thomas Snow, Charles Burney and Francis A Stringer. "The Supreme Court of Judicature Act, 1873". The Annual Practice 1905. Sweet and Maxwell. Stevens and Sons. London. 1905. Volume 2. [https://books.google.com/books?id=3ndlHnJEKj4C&pg=PA405 Page 405] et seq.
* O'Keefe, David. "Sir George Jessel and the Union of Judicature." ''American Journal of Legal History'' 26 (1982): 227+.

[[Category:United Kingdom Acts of Parliament 1873]]
[[Category:Acts of the Parliament of the United Kingdom concerning England and Wales]]
[[Category:1873 in British law]]
[[Category:Courts of England and Wales]]
[[Category:High Court of Justice]]
[[Category:Court of Appeal (England and Wales)]]
[[Category:Civil procedure]]