SCHEDULE OF FEES PAYABLE ON APPEALS TO THE LORD WARDEN OF THE STANNARIES TO BE PAID TO THE LORD WARDEN'S SECRETARY. Fees payable on lodging the Petition of Appeal. For perusal, examination, and allowance of every petition of appeal £ 8. d. 2 20 168 Fees payable in case of the Appeal being heard by the Lord Warden. Attending Court on the hearing, per diem Drawing minutes of Order, per folio For each fair copy for parties, per folio Attending settling (to include any adjourned appointment) Attending passing (to include any adjourned appointment) 2 2 Office copy for Registrar of Court below, or for the parties, per folio 200000 100 21010 0 0 0 13 4 NOTE-The above fees to be payable for attendances, &c., in respect of any interim Order. Fees for Searches, and for Inspection of and Attendances with Documents. Upon every application to inspect a record, and for inspecting Upon every application to inspect exhibits, or deposited documents, If more than one hour, per diem (Signed) 020 050 0 10 0 100 2 20 PORTMAN, Warden of the Stannaries. Signed, in testimony of consent and approval, HATHERLEY, C. W. ERLE. Signed, in testimony of the sanction of the Lords Commissioners of Her Majesty's Treasury so far as regards the fees imposed, W. P. ADAM. THE FOLLOWING ARE THE STATUTORY ENACTMENTS UNDER WHICH THE LAST FOREGOING GENERAL RULES AND ORDERS HAVE BEEN MADE. No. 1. "An Act to amend and extend the Jurisdiction of the Stannary Court,” 18 Vict. c. 32 [15th June, 1855]. SECT. XXVI. Regulation of Appeals. The provisions contained in the Act passed in the session of Parliament holden in the sixth and seventh years of the reign of King William the Fourth, chapter one hundred and six, and in the Act passed in the session of Parliament holden in the second and third years of the reign of Her present Majesty, chapter fifty-eight, touching appeals to the Lord Warden, shall be repealed, and henceforth from all decrees and orders of the Vice-Warden on the equity side of his Court, and from all judgments of the Vice-Warden on the common law side thereof, there shall lie an appeal to the Lord Warden, who shall have power to affirm, vary, or reverse the decree, order, or judgment wholly or in part, or to dismiss the appeal, or to direct a re-hearing or a new trial in the Court below, and to make such order or orders touching the costs in the cause as to him shall seem fit; and the decree, order, or judgment of the Lord Warden on such appeal shall be remitted to the Vice-Warden to be by him carried into effect and enforced, if need be, according to the course and practice of the Court; and upon hearing such appeal, it shall not be competent for the parties to produce fresh evidence in the cause, or to call upon the Lord Warden to hear any witnesses in the cause, unless he shall, in his discretion, think fit to do so; but the decree, order, or judgment of the Lord Warden may proceed on the state of facts appearing on the notes of the trial below certified by the Vice-Warden, or agreed upon by the parties; and the Vice-Warden shall certify such notes accordingly, and transmit to the Lord Warden a record of the proceedings in his Court, and all documents and papers in the cause in the custody of the Court; and the parties before the Lord Warden shall produce all the documents and papers produced on the trial below. On the hearing and decision of the appeal, the Lord Warden shall be assisted by two or more assessors, who shall be members of the Judicial Committee of the Privy Council or Judges of the High Court of Chancery or Courts of Common Law at Westminster; and the decree, order, or judgment of the Lord Warden in the Court of Appeal so constituted, shall be subject to a final appeal to the Judicial Committee of the Privy Council, who shall have power to hear and determine the same: And it shall be lawful for the Lord Warden to remit a cause pending before him on appeal at once for the determination of the said Judicial Committee, without pronouncing any previous judgment thereon: Provided that no appeal shall be allowed in any case where the debt or damages sought to be recovered shall not exceed twenty pounds, and where no question of jurisdiction or of the custom of mining or miners shall have arisen in the Court below, nor shall any appeal operate to stay proceeding, or be allowed, unless the party appellant shall notify in writing to the Registrar, within thirty days after notice of the decree, order, or judgment appealed against, his intention to prosecute an appeal, and shall then give, or offer to give, security by bond to the Registrar, to prosecute the same within a time prefixed by the Court, and to abide by and perform the final order and award of the Court of Appeal, which bond shall not require to be stamped. And it shall be lawful for the Lord Warden, with the approval of two or more members of the Judicial Com mittee of the Privy Council, or Judges of the High Court of Chancery, or of the Superior Courts of Common Law, from time to time, to make any General Rules and Orders for regulating the practice, fees, and costs on appeals pending before him, not inconsistent with the provisions of this Act. No. 2. The Companies Act, 1862, 25 & 26 Vict., c. 89 [7th August, 1862], sect. 124, supra, p. 186. No. 3. "An Act for amending the Law relating to Mining Partnerships, within the Stannaries of Devon and Cornwall, and to the Court of the ViceWarden of the Stannaries,” 32 & 33 Vict. c. 19 [24th June, 1869]. SECT. XXXII. In all cases of appeals against any judgment, decree, or order of the Court, beside the bond to the Registrar required by the Act eighteen Victoria, chapter thirty-two, section twenty-six, a deposit of twenty pounds shall be made in the hands of the Registrar, to be paid to the opposite party when the judgment, decree, or order is not reversed, unless the Court shall otherwise direct; and if the appeal against any decree or order be prosecuted in the name or on the behalf of any registered company with limited liability, or in the name or on behalf of any person who has recently become bankrupt, or has executed any unsatisfied deed of arrangement, composition, or inspectorship under any Bankruptcy Act, the Registrar of the Court may require that a sufficient surety be joined as co-obligor in the bond which the appellant is bound to give in such case, who shall be personally liable to pay the taxed costs of the appeal to the extent of fifty pounds, if the judgment, decree, or order be not reversed; and the appellant shall also deposit in the hands of the Registrar the sum of twenty pounds, payable as hereinabove directed in the case of ordinary appeals. COUNTY COURT ORDER («) FOR REGULATING THE PRACTICE OF THE COUNTY COURTS. 1ST JANUARY, 1868. ORDERS UNDER THE COMPANIES ACT, 1867 (b). THE General Order, Rules, and Forms of the High Court of Chancery regulating for the time being the mode of proceeding under " The Companies Act, 1862," shall be the Orders, Rules, and Forms in all proceedings in the County Courts . . . for the winding-up of a company under "The Companies Act, 1867" (c), so far as the same are applicable: Provided that, where it shall appear to the Court inconvenient that the Bank of England should be the bank used for the purposes mentioned in the Order and Rules, it shall be competent for the Court to name some bank to be used in lieu of the Bank of England. A SCALE OF COSTS AND CHARGES TO BE PAID TO COUNSEL AND ATTORNEYS UNDER “THE INDUSTRIAL AND PROVIDENT SOCIETIES JACT, 1862,” AND "THE COMPANIES ACT, 1867" (d). ATTORNEYS shall be entitled to charge and be allowed in proceedings under "The Industrial and Provident Societies Act, 1862," and in proceedings transferred to a County Court under " The Companies Act, 1867" (e) the same costs and charges as they would be allowed in the Court of Chancery, except that where the amount of the subscribed capital of the society or company shall not exceed £2000, they shall be allowed such costs and charges according to the lower scale authorized by the 2nd Rule of the 38th Consolidated General Orders of the Court of Chancery. (a) This Order will be found in full in W. N. 1868, 17; se pp. 38, 40. (b) Comp. Act, 1867, s. 44. (c) Comp. Act, 1867, ss. 41, 42. For filing every affidavit or statement on affirmation, decla ration, or attestation upon honour For every sitting by the Registrar When the sitting is longer than an hour, then for every additional hour or part thereof HIGH BAILIFF'S FEES (c). 030 0 50 050 100 050 01 6 0 10 0 070 Same fees for service and execution as in Equitable Matters (c). (a) This Order will be found in full in W. N. 1868, 62. (5) Comp. Act, 1867, s. 46. (c) See W. N. 1868, 64; Morgan's Chancery Acts and Orders, p. clxv. END OF PART I. |