Order In Council, Dated December 11, 1865, ESTABLISHING RULES FOR APPEALS IN ECCLESIASTICAL AND MARITIME(a) CAUSES.

JurisdictionUK Non-devolved
CitationSI 1865/5001
Year1865

1865 Unnumbered

JUDICIAL COMMITTEE

3. Appeals in Ecclesiastical and Maritime Causes

ORDER IN COUNCIL, DATED DECEMBER 11, 1865, ESTABLISHING RULES FOR APPEALS IN ECCLESIASTICAL AND MARITIME(a) CAUSES.

PRESENT,

The Queen's Most Excellent Majesty.

Lord President.

Duke of Somerset.

Mr. Secretary Cardwell.

Whereas there was this day read at the Board a report from the Right Honourable the Lords of the Judicial Committee of the Privy Council, dated the 5th December instant, humbly setting forth, that by an Act passed in the session of Parliament held in the 6th and 7th years of Her Majesty's Reign,(b) intituled "An Act to make further "Regulations for facilitating the hearing appeals and other matters "by the Judicial Committee of the Privy Council," it was, amongst other things, enacted that it should be lawful for the said Judicial Committee from time to time to make such rules, orders, and regulations respecting the practice and mode of proceeding in all appeals from Ecclesiastical and Admiralty and Vice-Admiralty Courts, and the conduct and duties of the officers and practitioners therein, as to them should seem fit, and from time to time to repeal or alter such rules, orders, and regulations. Provided always, that no such rules, orders, or regulations should be of any force or effect until the same should have been approved by Her Majesty in Council: And that the Lords of the said Judicial Committee have agreed humbly to report to Her Majesty their opinion that it is expedient that the following Rules should be established respecting the practice and mode of proceeding in all such appeals as aforesaid, and therewith humbly submitting the same for the approval of Her Majesty in Council.

Her Majesty having taken the said report into consideration was pleased, by and with the advice of Her Privy Council, to approve thereof, and of the Rules set forth therein, in the words following, videlicet:—

RULES FOR APPEALS IN ECCLESIASTICAL AND MARITIME(a) CAUSES

1. In the construction of these Rules, the following terms shall (if not inconsistent with the context or subject matter) have the

(a) By section 18 of the Supreme Court of Judicature Act, 1873 (36 & 37 Vict. c. 66), and section 4 (3) of the Supreme Court of Judicature Act, 1891 (54 & 55 Vict. c. 53), the jurisdiction of the Judicial Committee upon any judgment or order of the High Court of Admiralty was, except as to Prize, transferred to the Court of Appeal. The Rules regulating the procedure in Prize Proceedings in the High Court, and in Vice-Admiralty Courts and Colonial Courts, authorised to act as Prize Courts, are printed under the title "Prize Courts."

(b) The Judicial Committee Act, 1843 (6 & 7 Vict. c. 38).

respective meanings hereinafter assigned to them; that is to say:—

"Appeal" shall mean an appeal to Her Majesty in Council in any ecclesiastical or maritime(a) cause:

"Judicial Committee" shall mean the Judicial Committee of Her Majesty's Privy Council, as the same shall be constituted for hearing any such appeal:

"Registry" shall mean the registry of Her Majesty's Court of Appeals in ecclesiastical and maritime causes:

"Registrar" shall mean the Registrar of Her Majesty in ecclesiastical and maritime causes:

"Solicitor" shall mean any proctor, solicitor, or attorney entitled to practise before the Judicial Committee in any appeal, or the party himself when conducting the appeal in person:

"Instrument" shall mean any inhibition, citation, monition, relaxation, remission, attachment, sequestration, or other document on parchment issued under the seal of Her Majesty in ecclesiastical and maritime causes:

"Month" shall mean calendar month.

2. Any solicitor, attorney, or proctor, who shall be entitled to practise in the High Court of Chancery in England, in the Superior Courts of Common Law at Westminster, in the High Court of Admiralty of England, or in the Arches Court of Canterbury, shall be entitled to practise in any appeal.

3. A solicitor desiring to prosecute an appeal shall leave in the registry his petition to Her Majesty in Council in duplicate, together with an office copy of the Decree or Order appealed from, if the appeal has been apud acta, or the instrument of appeal, if the appeal has been before a notary or witnesses. A form of the petition of appeal is given in the Appendix, and is marked No. 1.

4. When the registrar has ascertained that the petition of appeal has been referred to the Judicial Committee, he may, on the application of the solicitor, issue the usual inhibition and citation, and monition for process. Forms of the inhibition and citation and of the monition for process are given in the Appendix, and are marked Nos. 2 and 3.

5. If, within one month from the date of the petition of appeal being referred to the Judicial Committee, the solicitor for the appellant shall not take out the inhibition and citation and the monition for process, the appeal shall stand dismissed.

6. The inhibition and citation shall be served on the registrar of the Court appealed from, as well as on the adverse party. If proof is given to the satisfaction of the registrar that service cannot be made upon the adverse party, it may be served upon his solicitor. It may also in any case be served upon the solicitor instead of the party, if the solicitor is willing to accept such service. The monition shall be served on the registrar of the Court appealed from.

7. Within one month from the issue of the inhibition and citation and the monition for process, if the appeal is from a Court in the

(a) See footnote (a), p. 478 above.

United Kingdom, and within four months if from a Court out of the United Kingdom, the solicitor for the appellant shall return the same duly served, together with the process, into the registry, and if he shall not do so, the appeal shall stand dismissed.

8. The solicitor for the respondent may enter an appearance at any time after the petition of appeal has been referred to the Judicial Committee, and whether the inhibition and citation and the monition for process have been taken out or not. A form of the appearance is given in the Appendix, and is marked No. 4.

9. If the respondent's solicitor desires to adhere to the appeal, he shall, within one month from the time of entering an appearance, file in the registry a declaration of adhesion, stating from what part of the Decree or Order of the Court below he desires to appeal. A form of the declaration of adhesion is given in the Appendix, and is marked No. 5.

10. Within one month from the process being brought in, the solicitor for the appellant shall bring into the registry printed copies of the Appendix; and if he shall not do so, the appeal shall stand dismissed.

11. The Appendix shall be paged consecutively throughout, and shall have an index at the commencement. It shall contain a copy of all documents filed in the Court below material to the issue in the appeal, and of the judgment of the said Court given on the occasion of the Decree or Order appealed from, certified by the reporter of the Court to be correct.

12. Within one month from the printed copies of the Appendix being brought in, the solicitor for the appellant shall bring into the registry printed copies of his case; and if he shall not do so, the appeal shall stand dismissed.

13. Within one month from the printed copies of the Appendix being brought in, the solicitor for the respondent shall bring in printed copies of his case; and if he shall not do so, the appellant may notwithstanding proceed with his appeal.

14. As soon as the time allowed for bringing in the cases has expired, the appeal shall stand for hearing before the Judicial Committee, provided that where an appearance has not been entered a period of four months has expired from the bringing in of the petition of appeal.

15. Where the appellant resides out of the United Kingdom, he shall, within two months after his solicitor has been served with a notice to that effect, give bail by two sufficient sureties to answer the costs of the appeal in the sum of two hundred pounds; and if he shall not do so, the appeal shall stand dismissed. Forms of the bail bond, affidavit of justification, and commission to take bail, are given in the Appendix, and are marked Nos. 6, 7, and 8.

16. At any time before the appeal is set down for hearing before the Judicial Committee, the registrar may, on the application of either solicitor, make an Order on the adverse solicitor to file a proxy from his party within such time as the registrar shall appoint, and if the adverse solicitor shall not within such time file his proxy, motion may be made to the Judicial Committee to enforce the Order either by dismissing the appeal, or in such other way as the Judicial Committee shall direct. A form of the proxy is given in the Appendix, and is marked No. 9.

17. It shall be competent to the appellant's solicitor at any stage of the proceedings to file in the registry a proxy from his party, stating that he abandons the appeal, and consents to be condemned in the costs thereof, and thereupon the appeal shall stand dismissed. A form of the proxy of abandonment is given in the Appendix, and is marked No. 10.

18. The registrar may, on good cause shown, extend the time allowed by these Rules for doing any act.

19. When an appeal by these Rules stands dismissed, the appellant shall, unless there is a special agreement to the contrary, stand condemned in the costs of the appeal.

20. When an appeal by these Rules stands dismissed, either solicitor may within one fortnight from that time file in the registry a notice of motion to have the appeal reinstated, and on the...

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