22. If, on the final hearing, the Judicial Committee shall order the cause to be remitted, the registrar shall, on the application of either solicitor, issue a remission. A form of the remission is given in the Appendix, and is marked No. 12. 23. Neither solicitor shall be entitled to plead specially, whether in objection to the jurisdiction, or in respect of noviter perventa or of any other matter, without leave having been first obtained from the Judicial Committee. 24. In case either solicitor is allowed to plead, the rules which are in force for the time being in the High Court of Admiralty in regard to pleadings and proofs shall, so far as they are applicable, and not inconsistent with these rules, be the rules in regard to pleadings and proofs in appeals. 25. In case any matter is referred to the registrar, or to the registrar assisted by merchants, to report upon, the same rules which are in force for the time being in the High Court of Admiralty in regard to references shall, so far as they are applicable, be the rules in regard to references in the Court of Appeal. 26. If a party shall not pay any amount which shall have been found to be due from him within a fortnight after he shall have received notice from the adverse solicitor demanding payment of the same, the registrar may, on the application of the solicitor, and on an affidavit being filed proving the notice, issue a monition for payment thereof. A form of the monition for payment is given in the Appendix, and is marked No. 13. 27. Upon the monition being returned duly served, and an affidavit filed that the amount has not been paid, motion may be made to the Judicial Committee for an attachment or a sequestration, as the case may be. Forms of the attachment, supersedeas of attachment, sequestration, relaxation of sequestration, sequestration of benefice, and relaxation of sequestration of benefice are given in the Appendix, and are marked Nos. 14, 15, 16, 17, 18, and 19. 28. When an appendix or case is brought in, sixty copies thereof shall be left in the registry, and forty delivered to the adverse solicitor, if any. 29. Save in an appeal proceeding by default, no document shall be allowed to be filed without a certificate that a copy thereof has been previously served upon the adverse solicitor. (a) 30. Any consent in writing between the solicitors may, with the approval of the registrar, be filed, and shall thereupon become an order of Court. 31. The practice heretofore existing in regard to libels of appeal, setting down causes on motion by counsel, and all acts and procedings before surrogates, are abolished. But the same fees shall be allowed for filing any document, returning any instrument, or doing any act (2) For Form of Certificate, see supra, Form CXIX. by a solicitor in the registry, as have heretofore been allowed for doing any similar act before a surrogate in Chambers. 32. The existing practice of the Court shall continue in force, save in so far as it is inconsistent with these rules. 33. All instruments already issued or hereafter to be issued, and which are made returnable before the Judicial Committee, or before a surrogate of the Judicial Committee, may be returned into the registry. 34. These rules shall come into operation on the 1st day of February, 1866, and shall apply to all appeals prosecuted on or after that day, and to all proceedings which shall then remain to be had or done in appeals prosecuted before that day. AND HER MAJESTY is further pleased to order, and it is hereby ordered, that the foregoing rules 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, from the High Court of Admiralty of England, or from any of her Majesty's Courts of Vice-Admiralty in any of her Majesty's colonies or plantations abroad, or from any other Court of Admiralty jurisdiction, and likewise from all Courts Ecclesiastical from which an appeal lies to her Majesty in Council: Whereof the Right Honourable the Judge of the High Court of Admiralty in England, the Right Honourable the Dean of the Arches Court of Canterbury, the Commissary of the Exchequer Court of York, and all other judges and officers of the said Courts of Admiralty or Ecclesiastical Jurisdiction, and all other persons whom it may concern, are to take notice and govern themselves accordingly. ARTHUR HELPS. SCHEDULE ANNEXED TO THE FOREGOING ORDER. In Her Majesty's Court of Appeals. [State title of appeal.] To the Queen's Most Excellent Majesty: The humble petition of [state name and address of solicitor], solicitor for the above-named [state appellant's name], Showeth, That in a certain cause lately depending in the [state Court appealed from], promoted by [state name and description of plaintiff in Court below], against [state name and description of defendant and of property, if any, proceeded against in Court below], and [state name of judge], the judge of the said Court, did on the day of 18-, decree or order [state purport of decree or order appealed from], from which decree or order an appeal has been duly interposed. Wherefore your petitioner most humbly prays that your Majesty will be graciously pleased to reverse the said decree or order, or to make such order in the premises as to your Majesty shall seem meet. this day of FORM NO. 2.-INHIBITION AND CITATION. In Her Majesty's Court of Appeals. [State title of appeal.] VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: To all and singular our liege subjects, being literate persons whomsoever and wheresoever in and throughout our said United Kingdom and other our dominions, and especially to our officer lawfully appointed, greeting: Whereas in a cause [state nature of cause] lately depending in [state from what Court the case is appealed], promoted by [state name and description of plaintiff in Court below], against [state name and description of defendant and of property, if any, proceeded against in Court below], the [state name of judge, the judge of the said Court, did on the 18-, [state purport of decree or order appealed from], from which said decree or order an appeal has been duly made to us in Council on behalf of the said [state name of appellant], and has by us been referred to the Judicial Committee of our said Council. day of We do therefore hereby authorise and command you, jointly and severally to inhibit or cause to be inhibited the said [state name and title of judge of Court below], from whom the said cause is appealed, his registrar or actuary, and the said [state name of respondent] and all other persons whomsoever, that neither they nor any of them pending the said appeal do or attempt anything to the prejudice of the said appellant or of his said appeal. And further that you cite or cause to be cited the said [state name of respondent] and all other persons having any interest in the said appeal, to enter an appearance in the registry of our Court of Appeals for Ecclesiastical and Maritime Causes, situate at within days after service hereof. And that you warn them that if they do not enter an appearance as aforesaid, we shall proceed to determine the said appeal, or make such order in the premises as to us shall seem meet. Given at London, under the seal which we use in this behalf, the day of, in the year of our Lord 18-. (L.S.) Inhibition and citation Taken out by A.B., H.M. Registrar. FORM NO. 3.-MONITION FOR PROCESS. In Her Majesty's Court of Appeals. From the [state Court appealed from]. [State title of cause.] VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: To all and singular our liege subjects, being literate persons whomsoever and wheresoever in and throughout our said United Kingdom and other our dominions, and especially toour officer lawfully appointed, greeting: Whereas in a cause lately depending in the [state Court appealed from], promoted by [state name and description of plaintiff in Court below] against [state name and description of defendant and of property, if any, proceeded against in Court below], the [state name of judge], the judge of the said Court, did on the day of —, 18—, [state purport of decree or order appealed from], from which decree or order an appeal has been duly made to us in Council on behalf of the said [state name of appellant], and has by us been referred to the Judicial Committee of our Privy Council: We do hereby authorise and command you jointly and severally to monish or cause to be monished the said [state name and title of judge of Court below], his registrar or actuary, and all other persons in whose custody or control any of the proceedings which in any way relate to the said cause do now remain, that within days after service hereof they transmit or cause to be transmitted the whole proceedings had and done in the said cause, in a proper and authentic form, to the registry of our Court of Appeals for Ecclesiastical and Maritime Causes situate in together with these presents. Given at London, under the seal which we use in this behalf, the day of, in the year of our Lord, 18-. (L.S.) Monition for process A.B., Taken out by FORM No. 4.-APPEARANCE. In Her Majesty's Court of Appeals. From the [state Court appealed from]. [State title of appeal.] I [state name and address of solicitor], hereby certify that I am authorised to and do enter an appearance in this appeal on behalf of [state name, address, and description of party]. Dated the day of 18-. [To be signed by the solicitor or by his clerk for him.] FORM No. 5.-DECLARATION OF ADHESION. In Her Majesty's Court of Appeals. From the [state Court appealed from]. [State title of appeal.] Whereas in a cause lately depending in [state Court appealed from], promoted by [state name and description of plaintiff in Court below] against [state name and description of defendant and of property, if any, proceeded against in Court below], the [state name of judge], the judge of the said Court, did on the day of 18-, decree or order [state purport of decree or order appealed from], from which decree or order an appeal has been made to Her Majesty in Council on behalf of the said [state name of appellant], and has by Her Majesty been referred to the Judicial Committee of her said Council. Now I [state name], the solicitor for the said [state name], the respondent in the said appeal, do hereby adhere to the same appeal, and do dissent from the said decree or order in so far as [state part of decree or order from which respondent's solicitor dissents]. Dated the day of ——, 18-. [To be signed by the respondent's solicitor or by his clerk for him.] FORM No. 6.-BAIL BOND. In Her Majesty's Court of Appeals. From the [state Court appealed from]. [State title of appeal.] Whereas in a cause lately depending in [state Court appealed from], promoted by [state name and description of plaintiff in Court below), against [state name and description of defendant and property, if any proceeded against in Court below,] an appeal has been made to Her Majesty in Council on behalf [state name of appellant], and has by Her Majesty been referred to the Judicial Committee of her said Council. Now therefore we [state names and descriptions of sureties] hereby jointly and severally submit ourselves to the jurisdiction of the said Judicial Committee, and consent that if he the said [state name of appellant] shall not pay what may be adjudged against him for the costs of the said appeal, execution may issue forth against us, our heirs, executors, and administrators, goods and chattels, for a sum not exceeding [state sum in words and figures] pounds. This bail bond was signed by the said the sureties, the day of Before me, and 18-. Signatures of sureties. [To be signed before the registrar or one of the clerks in the registry, or before a commissioner.] FORM No. 7.-AFFIDAVIT OF JUSTIFICATION. In Her Majesty's Court of Appeals. From the [state Court appealed from]. I [state name, address, and description], one of the proposed sureties for [state name, address, and description of the person for whom bail is to be given], make oath and say, That I am worth more than the sum of [-] hundred pounds after payment of all my debts. On the day of -- 18-, the said duly sworn to the truth of this affidavit at Before me Commissioner. was Signature of surety. FORM No. 8.-COMMISSION TO TAKE BAIL. In Her Majesty's Court of Appeals. From the [state Court appealed from]. [State title of appeal.] VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: To [state name and address of Commissioner], greeting: Whereas in the above-named appeal now depending before the Judicial Committee of our Privy Council bail is required to be taken on behalf of [state name and description of appellant], the appellant, in the sum of £200, to answer judgment so far as regards the costs of the said appeal: We therefore hereby authorize you to take bail in the said sum on behalf of the said Estate name of appellant] from two sufficient sureties, who may be produced before you for that purpose, upon the bail bond hereto annexed, and to swear the said sureties to the truth of the annexed affidavits as to their sufficiency; and we command you, upon the said bail bonds and affidavits being duly executed and signed by the said sureties, to transmit the same, attested by you, into the registry of our Court of Appeals for Ecclesiastical and Maritime Causes. of Given at London under the seal which we use in this behalf, the day in the year of our Lord, 18-. (L.S.) Commission for bail Taken out by A.B., H.M. Registrar. The Form of Oath to be indorsed on the Commission, and to be administered to each of the Sureties. You swear that the contents of the affidavit to which you have signed your name are true. So help you GOD. |