Her Majesty's Attorney-General [or, as the case may be] A. B. and in error. The defendant [or, as the case may be] says that there is error in fact in the record and proceedings in this suit, in the particulars specified in the affidavit hereunto annexed. Signed, &c. [by Attorney] or [Solicitor of Department]. Obsolete, see note to Form No. 6. FORM NO. 9. Satisfaction Warrant. To be endorsed by the Solicitor of the Department, and afterwards signed by the In the Exchequer. Attorney-General. The day of in the year of our Lord 18 [when signed by Between our Sovereign Lady the Queen [or, Her Majesty's Attorney-General, informant] A. B. defendant. And Sir and Knight, Her Majesty's Attorney-General, who prosecuteth for Her said Majesty, acknowledges and confesses [if by inquisition or extent] that the sum of £ found due to Her Majesty from the said A. B.; [if by bond] that the sum of £ the penalty of a certain bond given by the said A. B. to Her Majesty, bearing date the day of A.D. 18; [if by judgment] that a certain judgment entered against the day of said A. B. on the hath been satisfied to Her Majesty's use, and that therefore Her Majesty's Attorney-General will not proceed any further in the premises against the said A. B. touching the same. (Endorsement.) The within-mentioned sum having been satisfied, I see no objection to the filing of this warrant, with the leave of the Attorney-General. FORM No. 10. C. D., Solicitor of, &c. In the Exchequer. Form of Recognisance of Bail on Capias. C. D. of Be it remembered, that A. B. of come in their proper persons before the Honourable Sir and E. F. of Knight, one of the Barons of Her Majesty's Court of Exchequer at Westminster, [or, before day of G. H., a commissioner duly authorised for taking special bail in Her Majesty's pounds. £ Upon condition that if the said A. B. shall satisfy Her said Majesty all the penalties [or, if for duties, the several sums of money] sued for upon an information [if information not filed, say to be] exhibited against him before the Barons of this Exchequer by Her said Majesty's Attorney-General for the forfeitures and offences [or, if for duties, recovery of the several sums of money,] in the said information mentioned, or otherwise, if the said A. B. shall render himself a prisoner in the Court here, then this recognisance of bail to be void, or else to be and remain in full force and virtue. Taken and acknowledged at the day and year above written. Before me, A. B. C. D. E. F. For "before the Barons of this Exchequer" substitute "in this Court" or "in the High Court of Justice." As to commissioners for taking special bail, see note to Rule 18, p. 756. day of in the year of our the Barons of Her Majesty's Court of Exchequer at Westminster, [or, before G. H., a commissioner duly authorised for taking special bail in Her Majesty's Court of Exchequer at Westminster,] on the Lord one thousand eight hundred and acknowledge themselves to be indebted to Her present Majesty Queen Victoria, Her heirs or successors, in the sum of and jointly and severally £ Whereas the above-named A. B. hath delivered a memorandum in writing to the Queen's Remembrancer of this Court, alleging that there is error in law in the record and proceedings upon the information exhibited against him therein by Her Majesty's Attorney-General. The condition, therefore, of this recognisance is such, that if the said A. B. shall prosecute the proceedings in error with effect, and shall also satisfy and pay, if the said judgment of the said Court upon the said information shall be affirmed, or the proceedings in error discontinued by the said A. B., all and singular the sum or sums of money adjudged or to be adjudged upon the said judgment, and all costs and damages to be also awarded for the delaying of execution thereon, then this recognisance to be void or else to be and remain in full force and virtue. Taken and acknowledegd at the day and year first above written. Before me, As to commissioners for taking special bail, see note to Rule 18, p. 756. see pp. 214, 768. A. B. C. D. E. F. As to error, In the Exchequer. FORM No. 12. Recognisance for Costs on Claim. Be it remembered, that A. B. of come in their proper persons before the Knight, one of the Barons of Her Majesty's Court of Exchequer at Westminster [or, before G. H., a commissioner duly authorised for taking special bail in Her Majesty's Court of Exchequer at Westminster,] on the day of in the year of our Lord one thousand eight hundred and and jointly and severally acknowledge themselves to be indebted to Her present Majesty Queen Victoria, Her heirs or successors, in the sum of one hundred pounds. £100. The condition of this recognisance is such that whereas I. K., an officer of excise, hath lately seized as forfeited to the use of Her said Majesty several parcels of which said was [or, were] afterwards re-seized by L. M., and the property in the same is claimed by the above-named A. B., who hath entered such his claim thereto in this Court. If therefore the said A. B., his heirs, executors, or administrators shall pay or cause to be paid to the ReceiverGeneral of Inland Revenue all such costs as shall be occasioned by the said claim, to be taxed by Her Majesty's Remembrancer of this Court, in case the said or any part thereof shall hereafter be adjudged forfeited, then this recognisance to be void or else to be and remain in full force and virtue. See notes to Rule 18 (p. 756) and Rule 86 (p. 766). The Receiver-General is now replaced by the persons mentioned in the Public Accounts and Charges Act, 1891 (54 & 55 Vict. c. 24), s. 1. FORM NO. 13. Recognisance for Costs on Appeal to Privy Council. Be it remembered, that A. B. of comes in his proper person before the day of in the year of our Lord , and acknowledges himself to be indebted to Her present Majesty, Queen Victoria, Her heirs or successors, in the sum of pounds. £ , bearing are The condition of this recognisance is such that if C. D. shall stand and abide the determination of Her Majesty in Council on a certain petition of appeal to be entered and prosecuted by him from a of the of date the and made in a certain suit wherein and and if the said C. D. shall also pay such costs as may be awarded by the Judicial Committee of the Privy Council, in case the said appeal shall be dismissed, then this recognisance to be void, or else to be and remain in full force and virtue. [The above condition must depend on the order made by the Privy Council.] Stamp 358. Stamp 358. FORM NO. 14. In the Exchequer. Nolle Prosequi. in the year of our Lord 18 Knight, Her The day of Between our Sovereign Lady the Queen [or, Her Majesty's Attorney-General, informant] and A. B., defendant. And Sir Majesty's Attorney-General, who prosecuteth for Her said Majesty, saith that for certain reasons him thereunto moving he will not proceed any further in the premises for Her said Majesty against the said A. B. touching the matters in the said [information] mentioned. F. Pollock. W. F. Channell. RULES FOR PROCEEDINGS AT LAW ON THE REVENUE SIDE OF THE EXCHEQUER, 1861. REGULATIONS, DATED NOVEMBER 26, 1861, MADE BY THE LORD CHIEF BARON, AS TO THE PRACTICE AND PROCEDURE ON THE REVENUE SIDE OF THE COURT OF EXCHEQUER. These Regulations are printed in full in St. R. and O. Rev. (ed. 1), Vol. 2, P. 683. In pursuance of the conditions contained in the 26th section of the 22 & 23 Vict. c. 21, intituled 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 [the Queen's Remembrancer Act, 1857], and the 1st section of 24 & 25 Viet. c. 92, intituled an Act to amend the Law for the Collection of the Stamp Duties on Probates, Administrations, Inventories, Legacies, and Successions [the Probate Duty Act, 1861, s. 1, repealed as to England by the Crown Suits, &c. Act, 1865, s. 53 and Sched. III.]. It is ordered, that the forms of writs of summons mentioned in Rule 127, and set forth in Schedule A., Form 12, of the rules signed on the 22nd June, 1860, be annulled, and the following forms substituted in lieu thereof, so far as such forms may be applicable. [The substituted forms are printed at p. 782, above.] Also, in pursuance of the first before-mentioned Act, it is orderedThat in any suit or proceeding on the Revenue side of the Court all rules at side bar and motions of course bear date on the day they are drawn up. No common information of seizure nor any writ of delivery need be signed by a judge. [The remainder of these Regulations amends Rule 48 of 1860, which is printed as so amended at p. 761, above.] Fred. Pollock. W. F. Channell. 26th November, 1861. See p. 187. RULES FOR APPEALS AS TO DEATH DUTIES. In the High Court. RULES OF THE SUPREME COURT (FINANCE ACT), 1895, DATED 1. Any aggrieved person within the meaning of sect. 10, sub-sect. (1) of the Finance Act, 1894, who desires to appeal to the High Court in any of the cases mentioned in the said sub-section shall, within one month from the date of the notification to him or his solicitor of the decision or claim of the Commissioners, deliver to them a written statement of the grounds of such appeal. The statement shall state specifically the several grounds upon which the appellant contends that the decision or claim of the Commissioners was erroneous, and if he contends that the value put upon any property by the Commissioners is excessive, he shall therein identify such property and state the value which he contends should be put upon the same. Sect. 10 (1) of the Finance Act, 1894, is printed above, p. 744. 2. The Commissioners shall, within a month from the delivery to them of the statement of the grounds of appeal, notify to the appellant or his solicitor whether they have withdrawn the decision or claim appealed against or have determined to maintain the same, either in whole or in part. 3. At any time thereafter not exceeding one month from the date of the notification by the Commissioners of their determination to maintain their decision or claim either in whole or in part, the appellant may proceed with his appeal by way of petition to the High Court, such petition to be filed in the Queen's Remembrancer's Department of the Central Office, and a copy thereof served by the appellant upon the Commissioners. 4. Subject to the provisions of these Rules the appellant shall not in his petition state or at the hearing be allowed to rely upon any grounds of appeal not specifically set forth in the statement of the grounds of appeal. 5. Upon the filing of the petition and the service of a copy thereof upon the Commissioners, the matter shall be deemed to be completely at issue, and within seven days thereafter the appellant, or in default thereof the Commissioners, may set the petition down for hearing upon the Revenue side of the Queen's Bench Division of the High Court. 6. The Court or a judge may order that the petition shall be heard before a judge of the Chancery Division, and Ord. XLIX. r. 7 shall apply to any such order. Ord. XLIX. r. 7 is as follows: "Any cause or matter transferred from any other Division to the Chancery Division shall, by the order directing the transfer, be assigned to one of the judges of that Division to be named in the order." 7. Unless by consent, or otherwise ordered, only oral evidence shall be admitted at the hearing. C.P. 3 F |