Rule nisi granted on appeal, how disposed of. Judgment, Court of Appeal. Powers of costs and otherwise. Error upon award of trial de novo. Payment of costs upon new trial on matter of fact. Affidavits on new matter. Rule or order for summon ing jury. Courts may appoint sittings. Enactments Court appealed from,) in which case shall be set forth so much of the pleadings, evidence, and the ruling or judgment objected to, as may be necessary to raise the question for the decision of the Court of Appeal. 40. When the appeal is from the refusal of the Court below to grant a rule to show cause, and the Court of Appeal grant such rule, such rule shall be argued and disposed of in the Court of Appeal. 41. The Court of Appeal shall give such judgment as ought to have been given in the Court below; and all such further proceedings may be taken thereupon as if the judgment had been given by the Court in which the record originated. 42. The Court of Appeal shall have power to adjudge payment of costs, and to order restitution; and they shall have the same powers as the Court of Error in respect of awarding process and otherwise. 43. Upon an award of a trial de novo by any one of the superior Courts or by the Court of Error, upon matter appearing upon the record, error may at once be brought; and if the judgment in such or any other case be affirmed in error, it shall be lawful for the Court of Error to adjudge costs to the defendant in error. 44. When a new trial is granted, on the ground that the verdict was against evidence, the costs of the first trial shall abide the event, unless the Court shall otherwise order. 45. Upon motions founded upon affidavits it shall be lawful for either party, with leave of the Court or a judge, to make affidavits in answer to the affidavits of the opposite party, upon any new matter arising out of such affidavits, subject to all such rules as shall hereafter be made respecting such affidavits. To sects. 39-45 the note to sect. 37 applies. 59. The several Courts, or any judge thereof, may make all such rules or orders upon the sheriff or other person as may be necessary to procure the attendance of a special or common jury for the trial of any cause or matter depending in such Courts, at such time and place and in such manner as they or he may think fit. This section is applied by the Crown Suits, &c. Act, 1865, s. 31. 95. The superior Courts may appoint and hold sittings either in banc, or for the trial of issues in fact by judge or jury, at any time or times, whether in term or vacation, not being between the tenth of August and the twenty-fourth of October. The note to sect. 37 applies to this section. 103. The enactments contained in sections nineteen, twenty, twenty-one, in sects. 19 to twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, 32 to apply to and twenty-eight, twenty-nine, thirty, thirty-one, and thirty-two of this Act every Civil shall apply and extend to every Court of Civil Judicature in England and Judicature in Ireland. England and Ireland. Court of By sects 22 and 35 of the Crown Suits, &c. Act, 1865, the Revenue side of the King's Bench Division, both at law and in equity, is to be deemed to be a Court of Civil Judi. cature within the meaning of this section. THE CROWN SUITS ACT, 1855. (18 & 19 VICT. c. 90.) [Short title given by the Short Titles Act, 1896 (59 & 60 Vict. c. 14).] An Act for the Payment of Costs in Proceedings instituted on behalf of the Crown in Matters relating to the Revenue [and for the Amendment of the Procedure and Practice in Crown Suits in the Court of Exchequer]. [14th August, 1855.] [Whereas in divers proceedings instituted by or on behalf of the Crown against the Queen's subjects in respect of matters relating to the revenue no costs are recovered by the Crown, except in certain cases, and no costs are paid by the Crown to the subject: And whereas it is expedient to assimilate the law as to the recovery of costs in such proceedings by or on behalf of the Crown to that in force as to proceedings between subject and subject: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Words in italics within brackets repealed by the Statute Law Revision Act, 1892 (55 & 56 Vict. c. 19). where the 1. In all informations, actions, suits, and other legal proceedings to be here- In all Crown after instituted before any Court or tribunal whatever in the United Kingdom suits, &c., of Great Britain and Ireland, by or on behalf of the Crown, against any Crown is corporation, or person or persons, in respect of any lands, tenements, or here- successful, ditaments, or of any goods or chattels, belonging or accruing to the Crown, the costs to be recovered as proceeds whereof, or the rents or profits of which said lands, tenements, or between hereditaments, by any Act now in force or hereafter to be passed are to be subject and carried to the Consolidated Fund of Great Britain and Ireland, or in respect of subject. any sum or sums of money due and owing to Her Majesty by virtue of any vote of Parliament for the service of the Crown, or of any Act of Parliament relating to the public revenue, Her Majesty's Attorney-General, or in Scotland the Lord Advocate, shall be entitled to recover costs for and on behalf of Her Majesty, where judgment shall be given for the Crown, in the same manner, and under the same rules, regulations, and provisions as are or may be in force touching the payment or receipt of costs in proceedings between subject and subject, and such costs shall be paid into the Exchequer, and shall become part of the Consolidated Fund. Extended and applied to the Isle of Man by the Crown Suits (Isle of Man) Act, 1862 (25 & 26 Vict. c. 14), s. 1. See now Ord. LXV., applied by Ord. LXVIII., r. 2. See also the Queen's Remembrancer Act, 1859, s. 21, p. 679. As to the recovery of costs by rerogative process, in addition to or in substitution for the method available to a subject, see the observations on sect. 11 of the Petitions of Right Act, 1860, p. 398. The section is fully dealt with above, p. 614. 2. If in any such information, action, suit or other proceeding judgment shall be given against the Crown, the defendant or defendants shall be entitled to recover costs, in like manner, and subject to the same rules and provisions, as though such proceeding had been had between subject and subject; and it shall be lawful for the Commissioners of Her Majesty's Treasury and they are hereby C.P. X X Defendant entitled to cessful against the Crown. costs, if suc required to pay such costs out of any monies which may be hereafter voted by Parliament for that purpose. Words in italics repealed by the Statute Law Revision Act, 1892. Extended and applied to the Isle of Man by the Crown Suits (Isle of Man) Act, 1862, s. 1. See further above, p. 614. 3. [Power to judges to make rules for regulating the pleading and practice in Crown suits.] Repealed by the Statute Law Revision Act, 1892. No rules under this section are now in force. Application to Divorce and THE LEGITIMACY DECLARATION ACT, 1858. (21 & 22 VICT. c. 93.) An Act to enable Persons to establish Legitimacy and the Validity of Marriages, and the Right to be deemed natural-born Subjects. [2nd August, 1858.] Whereas it is expedient to enable persons to establish their legitimacy, and the marriage of their parents and others from whom they may be descended, and also to enable persons to establish their right to be deemed natural-born subjects: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Repealed by the Statute Law Revision Act, 1892 (55 & 56 Vict. c. 19). 1. Any natural-born subject of the Queen, or any person whose right to be deemed a natural-born subject depends wholly or in part on his legitimacy or on the validity of a marriage, being domiciled in England or Ireland, or claiming any real or personal estate situate in England, may apply by petition to the declaration of Court for Divorce and Matrimonial Causes, praying the Court for a decree legitimacy or declaring that the petitioner is the legitimate child of his parents, and that the validity or invalidity of marriage of his father and mother, or of his grandfather and grandmother, was marriage. a valid marriage, or for a decree declaring either of the matters aforesaid; and any such subject or person, being so domiciled or claiming as aforesaid, may in like manner apply to such Court for a decree declaring that his marriage was or is a valid marriage, and such Court shall have jurisdiction to hear and determine such application, and to make such decree declaratory of the legitimacy or illegitimacy of such person, or of the validity or invalidity of such marriage, as to the Court may seem just; and such decree, except as hereinafter mentioned, shall be binding to all intents and purposes on Her Majesty and on all persons whomsoever. Application to declaration of 2. Any person, being so domiciled or claiming as aforesaid, may apply by petition to the said Court for a decree declaratory of his right to be deemed a natural-born subject of Her Majesty, and the said Court shall have jurisdiction to hear and determine such application, and to make such decree thereon as to natural-born the Court may seem just; and where such application as last aforesaid is made subject. by the person making such application as herein mentioned for a decree declaring his legitimacy or the validity of a marriage, both applications may be included in the same petition; and every decree made by the said Court shall, except as hereinafter mentioned, be valid and binding to all intents and purposes upon Her Majesty and all persons whomsoever. 3. Every petition under this Act shall be accompanied by such affidavit Petition to be verifying the same, and of the absence of collusion, as the Court may by any accompanied general rule direct. See Matrimonial Causes Rule 2 (St. R. & O. Rev., Vol. 12, p. 869). by affidavit. 4. All the provisions of the Act of the last session, chapter eighty-five, so far 20 & 21 Vict. as the same may be applicable, and the powers and provisions therein contained c. 85, to in relation to the making and laying before Parliament of rules and regulations proceedings apply to concerning the practice and procedure under that Act, and fixing the fees pay- under this able upon proceedings before the Court, shall extend to applications and Act. proceedings in the said Court under this Act, as if the same had been authorized by the said Act of the last session. Rule 174 of the Matrimonial Causes Rules (St. R. & O. Rev., Vol. 12, p. 892) extends those Rules, so far as applicable, to proceedings under this Act. Power to 5. In all proceedings under this Act the Court shall have full power to award and enforce payment of costs to any persons cited, whether such persons shall award and or shall not oppose the declaration applied for, in case the said Court shall deem ment of costs. it reasonable that such costs shall be paid. 6. A copy of every petition under this Act, and of the affidavit accompanying the same, shall, one month at least previously to the presentation or filing of such petition, be delivered to Her Majesty's Attorney-General, who shall be a respondent upon the hearing of such petition and upon every subsequen proceeding relating thereto. enforce pay AttorneyGeneral to have a copy of petition one month before it is filed, and to be respondent. Court may 7. Where any application is made under this Act to the said Court such person or persons (if any) besides the said Attorney-General as the Court shall think fit shall, subject to the rules made under this Act, be cited to see require proceedings or otherwise summoned in such manner as the Court shall direct, persons to be cited. and may be permitted to become parties to the proceedings, and oppose the application. This matter is governed by the Matrimonial Causes Rules (see note to sect. 4). cited. 8. The decree of the said Court shall not in any case prejudice any person, Saving for unless such person has been cited or made a party to the proceedings, or is the rights of heir-at-law or next of kin or other real or personal representative of, or derives persons not title under or through a person so cited or made a party; nor shall such sentence or decree of the Court prejudice any person if subsequently proved to have been obtained by fraud or collusion. 9. Any person domiciled in Scotland, or claiming any heritable or moveable Person property situate in Scotland, may raise and insist, in an action of declarator domiciled in Scotland may before the Court of Session, for the purpose of having it found and declared insist, on an that he is entitled to be deemed a natural-born subject of Her Majesty; and the action of declarator, said Court shall have jurisdiction to hear and determine such action of that he is a declarator, in the same manner and to the same effect, and with the same power natural-born to award expenses, as they have in declarators of legitimacy and declarators of subject. bastardy. No proceedings to affect 10. No proceeding to be had under this Act shall affect any final judgment or final judg decree already pronounced or made by any Court of competent jurisdiction. ments, &c. 11. The said Act of the last session and this Act shall be construed together already pronounced. as one Act; and this Act may be cited for all purposes as "The Legitimacy Acts to be Declaration Act, 1858." read together. Short title. X X 2 5 & 6 Vict. c. 86. Compensation monies for land under 5 & 6 Vict. c. 94, and 16 & 17 Vict. Court of instead of to THE QUEEN'S REMEMBRANCER ACT, 1859. (22 & 23 VICT. c. 21.) [Short title given by the Short Titles Act, 1896 (59 & 60 Vict. c. 14). For "Court of Exchequer" throughout this Act read " King's Bench Division of the High Court of Justice."] An Act to regulate the Office of Queen's Remembrancer, and to amend the Practice and Procedure on the Revenue Side of the Court of Exchequer. [13th August, 1859.] Whereas an Act was passed in the session holden in the fifth and sixth years of Her Majesty, chapter eighty-six, “for abolishing certain Offices on the Revenue Side of the Court of Exchequer in England, and for regulating the Office of Her Majesty's Remembrancer in that Court": And whereas the office of the said Remembrancer may be conveniently held and the duties thereof performed by one of the Masters of the said Court, and the Commissioners of Her Majesty's Treasury have, upon the retirement of Henry William Vincent, Esquire, appointed William Henry Walton, Esquire, one of the said Masters, to the said office of Remembrancer: And whereas it is expedient further to regulate the said office, and to make other provision in relation thereto, and to the procedure on the Revenue side of the said Court: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Repealed by the Statute Law Revision Act, 1892 (55 & 56 Vict. c. 19). 1-5. [These sections, relating to the appointment of the Queen's Remembrancer, were repealed by the Supreme Court of Judicature (Officers) Act, 1879 (42 & 43 Vict. c. 78), s. 29 and Sched. II. By sect. 14 (3) and Sched. I. Part 3 of the same Act, it was provided that the office should be held, after the occurrence of the next vacancy, by the Senior Master of the Supreme Court, and it is now so held.] 6. [Relating to the enrolment of accounts, was repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66).] 7. [Relating to the Middlesex Registry of Deeds, was repealed by the Land Registry (Middlesex Deeds) Act, 1891 (54 & 55 Vict. c. 64), s. 7 and Sched. II.] 8. Any money which under the Act of the session holden in the fifth and sixth years of Her Majesty, chapter ninety-four, "to consolidate and amend the Laws relating to the Services of the Ordnance Department, and the Vesting and Purchase of Lands and Hereditaments for those Services, and for the Defence and Security of the Realm," is required or authorized to be paid into the hands or in the name of the Remembrancer or other proper officer of Her Majesty's Court of Exchequer at Westminster, or which under the Act of the session holden in the sixteenth and seventeenth years of Her Majesty, chapter one hundred and seven, "The Customs Consolidation Act, 1853," is required or authorized to be paid to the proper officer of the Court of Exchequer at Westminster, shall in lieu of being paid as aforesaid be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Chancery, to be placed to his account there in the matter of the particular Act to the credit of the persons claiming to be interested therein (naming them), pursuant to the method prescribed by any Act in force at the time being for regulating the payment of monies into the said Court; and upon the filing in the Court of Chancery of the certificate of such Accountant-General, with the receipt annexed, of the payment into his name as aforesaid of any such money, the |