when success ful, may re I. That, any former usage or practice of Her Majesty's Appellant, Privy Council notwithstanding, an Appellant who shall succeed in obtaining a reversal or material alteration of any judg- cover costs of ment, decree, or order appealed from, shall be entitled to recover appeal. the costs of the appeal from the Respondent, except in cases in which the Lords of the Judicial Committee may think fit otherwise to direct. be sent to Registrar of Privy Coun cil. II. That the Registrar or other proper Officer having the Transcripts to custody of records in any Court, or special jurisdiction, from which an appeal is brought to Her Majesty in Council, be directed to send by post, with all possible despatch, one certified copy of the transcript record in such cause to the Registrar of Her Majesty's Privy Council, Whitehall; and all such transcripts be registered in the Privy Council Office, with the date of their arrival, the names of the parties, and the date of the sentence appealed from; and that such transcript be accompanied by a correct and complete index of all the papers, documents, and exhibits in the cause; and that the Registrar of the Court appealed from, or other proper Officer of such Court, be directed to omit from such transcript all merely formal documents, provided such omission be stated and certified in the said index of papers; and that especial care be taken not to allow any document to be set forth more than once in such transcript; and that no other certified copies of the record be transmitted to agents in England by or on behalf of the parties in the suit; and that the fees and expenses incurred and paid for the preparation of such transcript be stated and certified upon it by the Registrar or other Officer preparing the same. ed abroad. III. That when the record of proceedings or evidence in the Transcripts cause appealed has been printed or partly printed abroad, the may be printRegistrar or other proper Officer of the Court from which the appeal is brought shall be bound to send home the same in a printed form, either wholly or so far as the same may have been printed, and that he do certify the same to be correct, on two copies, by signing his name on every printed sheet, and by affixing the seal, if any, of the Court appealed from, to these copies, with the sanction of the Court. And that in all cases in which the parties in appeals shall VOL. VII. b Written transcripts to be printed by think fit to have the proceedings printed abroad, they shall be at liberty to do so, provided they cause fifty copies of the same to be printed in folio, and transmitted, at their expense, to the Registrar of the Privy Council, two of which printed copies shall be certified as above by the Officers of the Court appealed from; and in this case no further expense for copying or printing the record will be incurred or allowed in England. IV. That on the arrival of a written transcript of appeal at the Privy Council Office, Whitehall, the Appellant, or Her Majesty's the agent of the Appellant prosecuting the same, shall be at printer. liberty to call on the Registrar of the Privy Council to cause it, or such part thereof as may be necessary for the hearing of the case, and likewise all such parts thereof as the Respondent or his agents may require, to be printed by Her Majesty's Printer, or by any other printer on the same terms, the Appellant or his agent engaging to pay the cost of preparing a copy for the printer, at a rate not exceeding one shilling per brief sheet, and likewise the cost of printing such record or Appendix, and that one hundred copies of the same to be struck off, whereof thirty copies are to be delivered to the agents on each side, and forty kept for the use of the Judicial Committee; and that no other fees for Solicitors' copies of the transcript, or for drawing the Joint Appendix, be henceforth allowed, the Solicitors on both sides being allowed to have access to the original papers at the Council Office, and to extract or cause to be extracted and copied such parts thereof as are necessary for the preparation of the petition of appeal, at the stationers' charge, not exceeding one shilling per brief sheet. Transcripts to be printed within a certain time. V. That a certain time be fixed within which it shall be the duty of the Appellant or his agent to make such application for the printing of the transcript, and that such time be within the space of six calendar months from the arrival of the transcript and the registration thereof, in all matters brought by appeal from Her Majesty's Colonies and Plantations east of the Cape of Good Hope, or from the territories of the East India Company, and within the space of three months in all matters brought by appeal from any other part of Her Majesty's dominions abroad; and that in default of the Appellant or his agent taking effectual steps for the prosecution of the appeal within such time or times respectively, the appeal shall stand dismissed without further order, and that a report of the same be made to the Judicial Committee by the Registrar of the Privy Council, at their Lordships' next sitting. VI. That whenever it shall be found that the decision of a matter on appeal is likely to turn exclusively on a question of law, the agents of the parties, with the sanction of the Registrar of the Privy Council, may submit such question of law to the Lords of the Judicial Committee in the form of a special case, and print such parts only of the transcript as may be necessary for the discussion of the same: Provided that nothing herein contained shall in any way bar or prevent the Lords of the Judicial Committee from ordering the full discussion of the whole case, if they shall so think fit; and that in order to promote such arrangements and simplifications of the matter in dispute, the Registrar of the Privy Council may call the agents of the parties before him, and having heard them, and examined the transcript, may report to the Committee as to the nature of the proceedings. And Her Majesty is further pleased to order, and it is hereby ordered, that the foregoing Rules and Regulations be punctually observed, obeyed, and carried into execution, in all Appeals or Petitions, and complaints in the nature of Appeals brought to Her Majesty, or to Her heirs and successors, in Council, from Her Majesty's Colonies and Plantations abroad, and from the Channel Islands or the Isle of Man, and from the territories of the East India Company, whether the same be from Courts of Justice or from Special Jurisdictions, other than Appeals from Her Majesty's Courts of Vice-Admiralty, to which the said Rules are not to be applied. Whereof the Judges and Officers of Her Majesty's Courts of Justice abroad, and the Judges and the Officers of the Superior Courts of the East India Company, and all other persons whom it may concern, are to take notice, and govern themselves accordingly. WM. L. BATHURST. Appeals may be heard in the form of a special case. Judges, if Privy Councillors, to be of the Judi cial Committee. No matter to be heard, &c., by Judicial Committee unless three members are present, exclusive of Lord Pre sident. Clauses XV. and XVI. of the 14th & 15th Vict., c. 83. XVI. So much of the Act of the Session holden in the third and fourth years of King William the Fourth, Chapter Fortyone, as provides that no matter shall be heard, nor shall any Order, Report, or Recommendation be made, by the Judicial Committee of the Privy Council, in pursuance of that Act, unless in the presence of at least Four Members of the said Committee, shall be repealed; and no matter shall be heard, nor shall any Order, Report, or Recommendation be made, by the Judicial Committee in pursuance of the said Act or any other Act, unless in the presence of at least Three Members of the said Committee, exclusive of the Lord President of Her Majesty's Privy Council for the time being. HEARD AND DETERMINED BY THE JUDICIAL COMMITTEE AND THE LORDS OF THE PRIVY COUNCIL. ON APPEAL FROM THE SUPREME COURT The Most Noble SOPHIA MARCHION- Appellants, HENRY WARD MASON, JAMES WAT SON, JOHN HUNTER, ARCHIBALD Respondents.* Heard Ex parte. IN the year 1838, the Appellant, Alexander Hunter, 26th & 27th being desirous of forming an establishment in New South June, & 5th July, 1849. * Present: Lord Brougham, Lord Langdale, the Right Hon. Dr. A. on behalf Lushington, and the Right Hon. T. Pemberton Leigh. VOL. VII. of himself and certain other persons, resident in Scotland, his constituents, by deed engaged B. and C. to act as agents and managers in New South Wales, empowering them to purchase B |