Imatges de pàgina
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BRANCH I.-THE CIVIL JURISDICTION (continued).

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3 and 4 Vic., s. 15 and 16

THE EXCHEQUER AND PREROGATIVE COURTS OF YORK. Ditto
THE CONSISTORY AND CHANCERY COURTS OF YORK.
COURTS HELD UNDER THE CHURCH DISCIPLINE ACT
3 & 4 VIc., c. 86.

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See 3 & 4 Vic. c. 93.]

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* Per Sir William Scott ;-Prize means maritime capture, effected by maritime force only; what is taken by a land force, either by itself, or in conjunction with the maritime force, is booty and not prize, within the meaning of the Prize Acts; 2 Dodson, 446.-See the Deccan Case, 2 Moore, 103.

OUTLINE

OF THE

Ordinary Proceedings upon Appeals

BEFORE

THE JUDICIAL COMMITTEE.

Leave to Appeal within Fourteen Days from Date of Sentence, 706.Restraints on Appeals not binding on the Queen in Council, ib.Appealable Value, ib.-Character of Sentence, 707.-Securities, ib. -Transcript of Proceedings, ib.-Appeal cannot be withdrawn but by order from the Queen in Council, 708.-Proceedings stayed below unless upon security, ib.-Form of Appeal, 709.-To be lodged in Privy Council within a year and a day from Date of Sentence, 710.Occasional Relaxation of the Rule, ib.—Appeal submitted to the Queen, and referred to the Judicial Committee, 711.--Printed Cases and Appendix, ib.-Party first lodging his Printed Case may obtain orders for his Opponent's, 712.-On Lodgment of Cases by both Parties Cause set down for Hearing, 714.—Respondent will not be ordered to appear till Appellant's Printed Case is lodged, ib.-On default, Cause set down ex parte, 716.-But Party let in on lodging his Printed Case before the Hearing, ib.—Hearing of the Appeal, 717.-Report to the Queen, 718.-Approval by her Majesty, ib.—Decree by consent, ib. -Costs, ib.-An Appeal sometimes dismissed with Costs, but Party readmitted to appeal, ib.-If Respondent do not petition for dismissal, the Appeal may be presented at any time, ib.-Respondent cannot obtain dismissal of an Appeal lodged without lodging his Printed Case, 719.-Petition to dismiss met by presentation of Appeal, ib.- Petitions to rescind Orders of Dismissal, 720.—Rule as to Affidavits, ib.-Refusals by the Court below of leave to Appeal, ib.-Applications to advance, postpone, or withdraw Appeals, 721.-Rehearings, ib.-Petitions on interlocutory matters addressed, not to the Queen, but to the Judicial Committee, ib.

THE appellate jurisdiction of the judicial committee (as appears by the preceding analysis) seems properly

Ꮓ Ꮓ

divisible into three branches,-the Civil, the Ecclesiastical, and the Maritime.

What is to be stated in the present chapter will relate mainly, though not exclusively, to the civil jurisdiction of the court, as exercised upon appeals from the Plantations, Colonies, and settlements abroad; not including in that description either the Channel Islands, or the territories subject to the government of the East India Company; which, respectively, will demand a distinct consideration (a).

The appellate jurisdiction in Lunacy will also be separately treated of («).

The ordinary course of proceeding, then, upon appeals from the Plantations, Colonies, and settlements abroad, is as follows:-Within fourteen days from the date of the decree, judgment, or sentence complained of, application is made either to the governor, or to the court below, for leave to appeal to Her Majesty in Council.

If the value of the matter in contest be of the requisite amount, and if the application be made within the proper time, the appeal will be granted as of right, on the usual securities for costs being perfected.

In general, it may be observed, that although the regulations established in restraint of appeals are considered as restraints on the governor alone, or on the courts below, and not upon Her Majesty in Council ("), yet where an appeal is granted, subject to certain conditions and restrictions, an application for leave to appeal in contravention of those conditions and restrictions will not be entertained.

Where, for example, it is declared that the matter in

(+) See infra.

329; Burges' Colonial Law Prel. Treat.

(b) Christian v. Corren, 1 P. Williams, 57.

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