Directory_and_Chronicle_1870 — Page 377

Copy of application.

Security.

Discharge from custody,

Copy of case to prosecutor.

Observance of procedure of Supreme Courts, &c, in England.

Sealing of notices, &c.

Interpretation.

Form.

Fees.

Commencement.

86

RULES OF SUPREME COURT

335. A copy of the appellant's application for a special case, and of any argument filed by him in support thereof, shall be annexed to the special case.

336. The appellant shall give security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to prosecute the appeal without delay, and to submit to the judgment of the Supreme Court, and to pay any costs awarded against him.

337. The appellant, if in custody, shall be liberated on his further giving security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to appear and receive judgment at an appointed time and place, unless the conviction is set aside by the Supreme Court.

338. The prosecutor shall be entitled, on payment of the proper fees, to have a copy of any special case or other documents sent to the Supreme Court on any appeal in a criminal case.

XV. GENERAL PROVISIONS (CIVIL AND CRIMINAL MATTERS.)

339. In all matters not in these Rules expressly provided for, the procedure of the Superior Courts and of Justices of the Peace in England in like cases shall, as far as possible, be followed, save that with respect to matters arising under the Admiralty or other special jurisdiction, the procedure of the Courts having such juris- diction in England shall, as far as possible, be followed.

340. Notices, suminonses, warrants, decrees, orders, and other documents issuing from the Court shall be sealed with the seal of the Court.

341. In these Rules the words "oath" and "affidavit," and words referring thereto, or to swearing, include affirmation and declaration and refer thereto, or to the making of an affirmation or declaration, where an affirmation or declaration is admissable in lieu of an oath or affidavit.

Terms used in these Rules have the same meanings as in the Order in Council under which these Rules are framed.

342. The Forms appended to these Rules may be used with such variations as the circumstances of each case require.

343. The Fees specified in the List appended to these Rules shall be paid.

The Court may, however, remit any such fee, wholly or in part, if it thinks fit.

344. These Rules shall commence and have effect at the same time as the Order in Council under which they are framed.

(Signed)

Approved:

(Signed)

RUSSELL.

EDMUND HORNBY,

Judge.

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