Directory_and_Chronicle_1908 — Page 449

:376

RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD

APPEALS*

150. A party desiring to appeal shall, within one month from the date of the decree or order appealed from, file a notice of appeal, and give bail in such sum, not exceeding 30001., as the judge may order, to answer the costs of the appeal.

151. Notwithstanding the filing of the notice of appeal, the judge may, at any time before service of the inhibition, proceed to carry the decree or order appealed from into effect, provided that the party in whose favour it has been made gives bail to abide the event of the appeal, and to answer the costs thereof, in such sum as the judge may order.

152. An appellant desiring to prosecute his appeal is to cause the registrar to be served with an inhibition and citation, and a monition for process, or is to take such other steps as may be required by the practice of the Appellate Courts.

153. On service of the inhibition and citation all proceedings in the action

will be stayed.

154. On service of the monition for process, the registrar shall forthwith prepare the process at the expense of the party ordering the same.

155. The process, which shall consist of a copy of all the proceedings in the action, shall be signed by the registrar and sealed with the seal of the Court, and shall be transmitted by the registrar to the registrar of the Appellate Court.

PAYMENTS INTO COURT

156. All money to be paid into Court shall be paid, upon receivable orders to be obtained in the registry, to the account of the registrar at some bank in the Possession to be approved by the judge, or, with the sanction of the local govern- ment, into the Treasury of the Possession.

157. A bank receipt for the amount shall be filed, and thereupon the payment into Court shall be deemed to be complete.

PAYMENTS out of Court

158. No money shall be paid out of Court except upon an order signed by the judge. On signing a receipt to be prepared in the registry, the party to whom the money is payable under the order will receive a cheque for the amount, signed by the registrar, upon the bank in which the money has been lodged, or an order upou the Treasury is such form as the local government shall direct.

CAVEATS

159. Any person desiring to prevent the arrest of any property may file a notion undertaking, within three days after being required to do so, to give bail to any

* Under the Act, 26 & 27 Vict. c. 24. by S. 22. "The appeal from a decree or order of a Vice- Admiralty Court lies to His Majesty in Council; but no appeal shall be allowed, save by permission of the judge, from any decree or order not having the force or effect of a definitive sentence or final order."

By S. 23. "The time for appealing from any decree or order of a Vice-Admiralty Court shall, notwithstanding any existing enactment to the contrary, be limited to six months from the date of the decree or order appealed from; and no appeal shall be allowed where the petition of appeal to Her Majesty shall not have been lodged in the registry of the High Court of Admiralty and of Appeals within that time, unless His Majesty in Council shall, on the report and recommendation of the Judicial Committee of the Privy Council, be pleased to allow the appeal to be prosecuted, notwithstanding that the petition of appeal has not been lodged within the time prescribed.

Rules (Nos. 148-53) relate only to the proceedings to be taken in the Vice-Admiralty Courts. The procedure in the Appellate Court is regulated by the Rules for appeals in ecclesiastical and maritime causes established by Order in Council of the 11th December 1865.

Digitized by Google