do
184. At the time appointed, if either party is present, the taxation abail be proceeded with.
104
103-
135. Within one weck from the completion of the taxation application may be trade to the jep to review the taxation.
106
136. Costs may be taxed either by the judge or by the regis- trar, end as well between solicitor and client, as between party and parts.
107 137. If in a taxation between soliciter and client zasro then one surth of the bill is struck off, the solicitor shall pay all the costs attending the taxation.
APPRAISEMENT AND SALE, &e.
10 388. The jainsy, either before or after final judgment, order any property under the arrest of the court to be appraised, or to be sold with or without appraiseanout, and either by public auction or by privato contract.
109-189. If the property in deteriorating in value, the juny may
order it to be sold forthwith.
110
!!!
112
#3
کی توجہ
16
140. If the property to be sold is of amad value, the judge may, if he order it to be sold without a commission of sale being issued.
141. The judge may, cither before or after final judgment, order any properly under arrest of the court to be removed, or any cargo under arrest on board ship to be discharged.
42. The appraisament, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel con- demued under any Slave Trade Act, shall be effected under the authority of a commission addressed to the marshal, Freine
of commissions of appraiseront sale, appraisement and sale, renoval, discharge of cargo, and demolition and sale, will be found in the Appendix bereto, Nos. 42 to $7. 2414-
143. The commission aball, as soon as possible after its execu tion, be filed by the meshly with a return setting forth the manner in which it has been executed.
144. As soon as possible after the execution of a commission
of sale, the metal shall pay into court the gross proceeds of
the sale, and shalf with the commission tile his accounts and vouchers in support thereof.
145. The registrar shall tax the marshal's account, and shali report the amount at which he considers it should be allowed:
and any party who is interested, in the proceeds may be heard before the registrar on the taxation.
146: Application may be made to the judge on motion to review the registrar's taxation.
147. The judge may, if he thinks fit onder any property under the arrest of the count to be inspected. A form of order
Juspection will be found in the Appendix hereto, No.
33
Count f.
Court h
Coutf
Countf
Courth
in it's discution /
Courty
Bailiff f
Bailiff
Bailiffh
Bailiffh
Cometh Courth
in its discretions
$
1206 127
HV
17
DISCONTINUANCE.
4. The Plaintiff masy, at any time, discontinue his action by filing a notice to that effect, and the Defendant all thereupon be entitled to bave judgment entered for his costs of action on filing a notice to enter the same. The discontinuance of an aution by the Plaintiff shall not prejudice any action consolidated there. with or any counterclaim previously set up by the Defendant. Forms of notice of discontinuance and of notice to enter fudg ment for costs will be found in the Appendix hereto, Nos. mad 50. 345
-
CONSENTS,
P. Any consent in writing signed by the parties may, by permission of the registrar, be lei, aun shall thereupon become an order of court. opfitplo to the fact Court to Majesty in Connect *
APPEALS.*
120-127/
12 150 A party desiring to appeakshal), within ons month from the date of the decess or order. Appealed from, de a notice of appeal, and give bail in such am, not exceeding 3007. as the Full Court judgy way order, to answer the sorts of the appeal. A forms of notice of appeal will be found in the Appendix hereto, No. 3, 129 151. Notwithstanding the King of the notice of appeal, the
In the oriquial jurisdiction there is a bare right of appeat to the Full Court given (0. XIII of 1873) but no provision of any soch as to appellate quocedure. The substane of the proposed Rules is from the English Indicature Act (Ad TV). Sinutos provisions then I think be made with respect full court to appeals in the original jurisdiction,
A.C
dropp
to carry the degree or order appealed from into effect, provided that the party in whose favong it has been made gives hail to abule the erout of the appeal and to answer the costs thereof,
was, at any bus before service of the inhibitikas, prosed
in such sum as the judgy as order.
130 152. As appellant desiring to prosecute his appeal is to cause the registrar to be served with an inhibition and citation, and a monition for process, ur is to take such other steps As may be required by the practice of the Appellate Court, / A 153. On service of the inhibition and citation all proceedings
in the antion will be stayed.
---
hot 20 & 27 Wetc. by 5:22. "The types-from-a-Sturen vre opier of a Vi-Abrity Court Site to for Majesty in Chanel; hat no appent shali ba slowed, save by permission of the jadge, from my deures or order" not having the fares or affect of a szánitive sentance vctual order."
Ry 23. "The time for appeating from any decreet evler of Vise-Aduni- ralty Corers shall, notwithsanding any existing esachaut to the cunny, de muited six morabat the date of the deases or order appealed from, and we spent hall be allowed where the petitiot: of repeal to Her Majey shall not have beau Larkged in the registry of the High Court of Admiralty aud of Appeals within that te, malos Dit dajesty in: Coanl shi, ou the report snil recomentation of the. Fadicial Committee the Privy Coumi, bs plowed to allow the appeal to hi seated, notwithstanding that the position of sepest has not ena lodge with tho time praserthuik.
Rules (No. 148-59) criatu ory to the procveling to be taken in the Vice- Admiralty Courts. The produce in the Apellese Court is regulated by the Tales for appesis lu eeclesiastic and maritime cauzes shished by Order in Canal of this+ith Dererdver, 1565. See p. va
12 3946.
'
to star dra gestig in Boundit from any decisio
13- All appents to the Full Crutishall I brought by notice of motion iwa! summary way. The notice of motion shall state whither the whole or part only of the jord quartat or order appiated frowns is complained of
and in the latter ever shall proify much part.
188 121. The notice of appeal shall be served gr all parties diveally affected by the. appeal but this grunt way direct
folio of the appent to be deroch nu att to any parties to the action or uporn siy heron not a party and may postpones The hearing of the appeal pén such
As may seen just and way. give such judgment and wrake? such order as insight have been givent or vader if the persons served with Mick ustice had been originally
12.25 The Frill Court way in its discretion
all in the aid of one or savore: hadtadore whore fels shall the park in the first mistance by the appellant rulers the Aull Count aho, the thinnas orde^, 128- The Face Court shall have all powEAA
nd duties of the Count as to amendment and otherwise and full discretionary. over to receive further power cordemoss four questiours of fact.
of the Fult Court. 124. The Full Court shall have pouco të
Averinajentigo
Count of effort.
* Rules 128-183 relate only to the proceedings to be taken in the Supreme Court of Stougtong - R's to the Right
of appeal and the crus ditinis attished to if see the Act 53 1 5qtio.9. 27. 8. C.
yove any jud quvent sand make authe mes which might to have been given France and to make much further or other order as the case may require or to other a ser trish or to make duck order as to the whole or any part of the avols of the proscedings wedding the appeal as may prend ferat; 15. If stroll not be cocadary for 2).
Respondent to give notice of austion by
of Cross apprat but if he i indo in the hearing of the append, he apply for
از همه این کار
any variation of the decision of this court. belber he shall give notzee of sust intention to any panties who in may affected by such application. The's mission to
give auch notier way be gords for an a djournment of the affrol
or for a af coral ordis na to crate. 126. to appeal shall except by aperial leav of the hill court be brought after this lafination of the north
127. An appeal shall not operate as as
stay appeared from unless y of concaution or of proase dinge.
kit
the full court shall es ordes and. any sught order.
ray
be made upout
subhamíditions as the Full Oruk-
Lཀ༢
may
direct.
*
No comments yet.
Private notes are available after approval.