Imagens das páginas
PDF
ePub

of the Court of Appeal as to the payment of any costs occasioned by the transmission or production of any such records, &c., as may have been transmitted or produced at the special request of the said parties to the appeal or of either of them. XI.

The Vice-Warden shall also certify to the Court of Appeal all evidence pertinent to the matters of appeal, whether contained in written affidavits, depositions, or examinations used or referred to on the trial or hearing in the Court below in the cause or matter there pending; and also all oral evidence taken in due course of practice either before the registrar of the Court below or before the Vice-Warden in the same cause or matter, and appearing on the notes of the ViceWarden, who shall also send a copy of the written judgment, order, or decision (if any) which may have been pronounced or made upon the matters under appeal.

XII.

The parties to the appeal are to serve such notices and apply for such orders, either upon motion or petition to the Court of Appeal, as may be necessary for procuring the production at the hearing of such documents and papers as they may respectively desire to produce or give in evidence, and the attendance of any witnesses whom the Court of Appeal may, in its discretion, think fit to examine.

XIII.

The order or judgment of the Lord Warden or other Court of Appeal is to be remitted or notified to the Vice-Warden, to be by him carried into effect and enforced, if need be, according to the course and practice of his Court; and the said order or judgment may, for that purpose, be made an order or judgment of the Court below, and recorded, and, if need be, enforced accordingly.

See Chancery Order, 28th July 1869, supra, p. 188.

XIV.

If neither party to the appeal shall appear on the appeal

being called on for hearing, it will be dismissed without costs on either side.

If the appellant alone makes default, the appeal will be dismissed with costs.

If the appellant alone appears, the hearing is to proceed. ex parte, and the Court will make such order as shall, under the circumstances, appear to it to be just.

And where, upon the hearing of any appeal, it appears that the same cannot conveniently proceed by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court of Appeal, and which, according to its practice, ought to have been delivered, such solicitor shall personally pay to all or any of the parties, such costs as such Court shall think fit to award.

XV.

In all proceedings in any appeal from a decree, order, judgment, or decision of the Vice-Warden, matters of mere form may be disregarded or amended, if need be, by the Court of Appeal, and all questions of costs touching the appeal, including the costs of transmitting or producing documents in the custody of the Court below, will be in the discretion of the Court of Appeal, and may be referred for taxation either to the registrar of the Court of the ViceWarden, or to a taxing officer of the Court of Appeal.

XVI.

The petition and the decree, order, judgment, and other process or proceedings in or of the Court of Appeal, so far as any are made, issued or taken by or before the Lord Warden, are to be recorded in books kept in the office of the Duchy of Cornwall, or some other proper place of deposit assigned by the Lord Warden.

The following schedule of forms and annexed table of fees, are to be used and taken in proceedings on and incidental to appeals to the Lord Warden, and no other fees are to be taken thereon.

[blocks in formation]

C. D., E. F., &c., Defendants.

To F. M., Esq., Registrar of the above-named Court.

I, A. B. [plaintiff, or defendant], in the above cause hereby give you notice that it is my intention to prosecute an appeal by petition to the Lord Warden of the Stannaries from the decree [order, judgment, or decision] of the Court of the Vice-Warden in this cause, made [or, pronounced] on the

day of last past, and I hereby notify to you that I am ready and offer to give you such security and make such deposit as is required by the " Act to amend and extend the Jurisdiction of the Stannary Court," 18 Vict. c. 32, and by "The Stannaries Act, 1869."

A. B., plaintiff in the above cause. X. Y., the solicitor [or, attorney] of the said A. B.

[The above notice will serve for a cause either on the equity or the common law side of the Court.]

B.

Form of Notice of Appeal in the matter of Winding-up under "The Companies Act, 1862."

In the Court, &c. [as above, A.]

Stannaries of Cornwall [or, Devon].

In the matter of "The Companies Act, 1862,"

and

In the matter of the Mining Company.

To F. M., Esq., Registrar, &c. [as above].

I, A. B., being [or, claiming to be] a creditor of the above company, hereby give you notice that it is my intention to prosecute an appeal by petition to the Lord Warden, &c., from the order [or decision] of the Court of the ViceWarden, made [or, pronounced] in this matter on the day of last past, whereby my claim as such creditor was excluded from proof; and I hereby notify that I am ready, &c. [as in Form A]

Signed, &c.

[In like manner an official liquidator, or the Registrar of the Court, acting as such, or any contributory complaining of his insertion in, or omission from, the list of contributories, or any other person competent to appeal, may notify his intention to appeal.]

C.

[ocr errors]

Form of Bund to the Registrar for Prosecution of an Appeal, &c. [Heading in the cause or matter, as the case may be, as above, A. and B.] Know all men by these presents that I, A. B., of am held and firmly bound to F. M., Esquire, Registrar of the Court of the Vice-Warden of the Stannaries, in the sum of of lawful money of Great Britain, to be paid to the said F. M., or his certain attorneys, executors, administrators, or assigns; for which payment I bind myself, my heirs, exccutors, and administrators, by these presents.

Sealed with my seal. Dated
Whereas, the said A. B. did, on

in the year

give the said registrar a notice in writing of his intention to prosecute an appeal to the Lord-Warden of the

Stannaries from a certain decree [order, judgment, or
the Vice-Warden of the Stannaries, in a cause of
made [or, pronounced, or, duly notified] on the
then offer to give such further security by bond as is
Parliament in that behalf; and whereas, by an order
the said Vice-Warden has prefixed the

[ocr errors]
[ocr errors][merged small]

decision] of the Court of
[or, a matter of
day of
required by any Act of
made on the

day of

[ocr errors]

day in, &c.,

of as the day on or before which the said A. B. is to lodge his petition of appeal with the secretary of the Lord Warden, and proceed to prosecute the same in due course of law:

Now the condition of the above bond is such that if the above A. B. shall lodge his petition of appeal with the secretary of the Lord Warden on or before the day 'of instant, and comply with all needful conditions incidental to such petition and appeal and the lodging thereof, and shall thereupon proceed to prosecute the same in due course of law, and according to the practice of the Court of Appeal, whether the same be heard and determined by the Court of the Lord Warden, or by such other Court of Appeal to which the same may be lawfully remitted by the Lord Warden, with all reasonable expedition, and shall and will abide by and perform the final order and award of the Court of Appeal, made upon such petition and appeal, then the said bond is to be void; otherwise to remain in full force and effect.

Signed and delivered by the above-named A. B., in the presence of C. D. [his attorney, or, solicitor].

D.

Form of Petition of Appeal, in Ordinary Causes, on the Equity or Common
Law Side of the Court below,

In the Court of Appeal of the Lord Warden of the Stannaries.
Stannaries of Cornwall [or, Devon].

[blocks in formation]

day of

That A. B., the plaintiff in the above cause, being the purser of a certain mining company called , situate within the Stannaries of Cornwall [or, Devon], filed his customary petition on the equity side of the Court of the Vice-Warden of the Stannaries on the against the said C. D., for payment of the contribution of the said C. D. towards the expenses of working the said mine in which the said C. D. was then an adventurer or shareholder. That such proceedings were thereupon had and taken that the Vice-Warden on the day of made the order following in the said cause [set out the order complained of].

That your petitioner is aggrieved by the said order, and is advised that the same is erroneous and contrary to law; and he sets forth and shews the following particular causes or grounds of appeal from the said order, that is to say

[Here specify the causes particularly relied on.] Your petitioner prays that your Lordship will be pleased to appoint a day and place of hearing this petition, and direct that service of notice of such appointment on the solicitor of [the respondent] shall be good service on [the respondent] and that your Lordship will be pleased on such hearing

to reverse or vary the said order so complained of, and grant such other or further relief as to your Lordship shall seem fit.

Signed [the appellant]. [In like manner a party may appeal from the judgment of the Court below in a cause on the common law side of the Court, or from a refusal to grant a new trial, or for misdirection, or the reception or rejection of evidence, &c.]

E.

Petition in a Matter of Winding-up under "The Companies Act, 1862.” [Heading of petition as above, D.]

[blocks in formation]

day of

That on a petition presented to the Vice-Warden of the Stannaries by E. F., claiming to be a creditor of the above company, an order of the Vice-Warden was made on the to wind up the said company, being a company duly registered under the Act with limited liability, within the jurisdiction of the Court of the said Vice-Warden [or, being an unregistered company, within the intent and meaning of "The Companies Act, 1862," Part VIII.]

That upon making out and settling a list of the contributories of the said company the petitioner was included in the said list, and upon applying to the Vice-Warden to vary the said list by omitting your petitioner's name therefrom, the Court decided that your petitioner's name had been rightly inserted in such list, and made the order following: [Insert the order declining to vary the list.]

That your petitioner is aggrieved by the said order, and is advised that the retention of his name on the list is contrary to law, and he sets forth and shews the following particular causes and grounds of appeal from the said order; that is to say:

[Here set out the causes of appeal relied upon, exempli gratiá.

That the petitioner had, before the order to wind up, bona fide transferred to a third person, or surrendered and relinquished to the company, all his shares and interest therein; and by reason thereof, and by the constitution of the company, ceased to be contributory to the assets of the company, or liable to creditors, &c.

Add other grounds, if any, on which, in the opinion of the petitioner, his name ought not to have been included in the list of contributories, &c.] Your petitioner prays that your Lordship will be pleased to appoint a day and place for hearing this petition, and direct that service of notice of such appointment on the solicitor of [the respondent] shall be good service on [the respondent] or that your Lordship will be pleased to remit the hearing of this appeal to the Court of Appeal in Chancery, or grant such further relief as to your Lordship shall seem fit.

« AnteriorContinuar »