JULY 21, 1855.] New Statutes effecting Alterations in the Law. 215 Power to make or adopt rules, orders, ["miner," when used in this Act, or in any and practice of Superior Courts of Law or Equity; s. 23. Provision for illness or accidental absence of vice-warden; s. 24. pleadings, process, or proceedings in the said Court, shall, unless otherwise explained or qualified, be respectively presumed and taken to mean a metallic mine or mineral within the jurisdiction of the said Court, and a miner in Allowances to be made on auditing the some mine, work, or adventure within the registrar's accounts; s. 25. Regulation of appeals; s. 26. As to levying and application of fines; s. 27. Punishment of frauds by miners in Devonshire; s. 28. Vice-warden to be qualified to act as justice of the peace in the county; s. 29. Parts of Acts repealed; s. 30. a Law clerk of the Duchy of Cornwall to act as attorney or solicitor in all Courts; s. 31. Stannaries of Cornwall and Devon to be united as to jurisdiction; s. 32. The vice-warden to sit in Devonshire when sufficient funds shall be provided for such sitting; s. 33. Collector in Devonshire; s. 34. Commitment of prisoners in Devonshire; s. 37. Provision for the eventual establishment of a separate Court in Devonshire; s. 38. The following are the Title and Sections of the Act: An Act to amend and extend the Jurisdiction of the Stannary Court. [15th June, 1855.] Whereas it is desirable to explain and amend the Acts heretofore passed for the administration of justice in the Stannaries, and to make the jurisdiction and process of the Court of the Vice-Warden more efficient, and to regulate appeals from the vice-warden: be it enacted as follows: same jurisdiction, and having privilege to sue or be sued in the said Court; and the words "County Court" shall in this Act mean any Court established under the provisions of the Act passed in the Session of Parliament holden in the 9 & 10 Vict. c. 95, and also the Court held under the provisions of "The London (City) Small Debts Extension Act, 1852." 3. In suits on the equity side of the Court of the vice-warden, prosecuted according to custom by the purser or other principal agent of the adventurers in a mine in the stannaries against an adventurer or his personal representatives for contribution to calls or to the expenses of working such mine or adventure, it shall be lawful for the vice-warden, upon special application in that behalf, to order that service of process on the defendant in any part of England or Wales to compel appearance and answer shall be sufficient service, although he may not then be personally within the jurisdiction of the said Court; and upon proof of such service and the default of the defendant 1. Where any mine or sett within the stan- 4. In all such suits against adventurers for naries shall be worked by the same adven- contribution, it shall be lawful for the plaintiff turers not only for metallic minerals within to join several adventurers in one petition for the jurisdiction of the Court, but also for non-recovery of their several contributions, and for metallic minerals found in the same mine or the Court to make one decree for payment and sett, or intermixed with metallic minerals, the one order for sale of shares, and to enforce payentire mine and works and products thereof ment by separate process of execution against shall be taken to be within the cognizance of each defendant, if need be; and where the dethe vice-warden as if the same had wholly con- fendants or any of them shall put in separate sisted of metallic minerals, and the process of answers, it shall be lawful for the Court to the Court shall extend to and be exercised direct that all or any of the matters in issue be over the same, and all the machinery and ma- heard and tried at the same time; provided terials thereon, as in the case of mines of me- that nothing herein contained shall be contallic minerals, and the mineral called plum-strued to abridge or affect the right of the bago or black-lead is hereby declared to be a metallic mineral. 2. The words "mine" and "mineral" and plaintiff in such a suit, as now exercised, to proceed against adventurers residing or being out of the jurisdiction of the Court upon a ser 216 New Statutes effecting Alterations in the Law [LEGAL OBSERVER, vice on the mine itself, substituted by order of all the adventurers or persons liable to contrithe vice-warden for personal service; but in bute to the payment of the said debts, whether such case the plaintiff shall not be entitled to they be within the jurisdiction or elsewhere, any other or further remedy for recovery of according to the number of shares or the inthe arrears of contribution in the Vice-War-terest of each in the said mine or adventure; den's Court from a defendant so served than he had before the passing of this Act. and it shall be competent for the registrar to call for, and by summons and attachment 5. In suits on the equity side of the said within the stannaries or subpoena under the Court by creditors prosecuted according to seal of the Court to enforce, production before custom against the purser or other principal him of the cost-book or books, lists of shareagent of the adventurers, or against one or holders, accounts, bills, resolutions of the admore of the adventurers in a mine in the stan- venturers or committees thereof, and all other naries, to enforce payment of their demands by books, papers, and documents of the advensale of the ores, machinery, materials, and turers relating to the mine or the management effects for the time being belonging to the ad- thereof, and by like summons and attachment venturers, and being upon or about the mine or subpoena to call before him and to examine or fraudulently removed therefrom, it shall be the purser, managers, or other principal agents lawful for the vice-warden, upon special appli- of the adventurers, whether the several docucation in that behalf, to order that service of ments above-mentioned or the persons so process on the defendant in any part of Eng-called before him be within the stannaries or land or Wales to compel appearance and an- elsewhere in any part of England or Wales, swer shall be sufficient service, although he and to make a list of all the persons so liable may not then be personally within the juris- to contribute at the time of filing the petition diction of the said Court; and upon proof of or their personal representatives, with the such service and of the default of the defendant amount apportioned upon each; and when the to appear and answer the petition within the registrar shall have made such list and apportime prefixed by the Court, it shall be lawful tionment, a copy of the list shall be sent to the for the plaintiff to enter an appearance for the account-house of the mine, or the principal defendant, and thereupon such proceedings office or place of business of the adventurers, shall be had in the suit, and such decrees and and notice shall be served on each person orders made, as if the process had been duly named in the list of the sum charged upon served on the defendant within the jurisdiction him, and a reasonable time, to be fixed by the of the said Court; and any adventurer shall, registrar according to the circumstances of upon application to the vice-warden or regis- each case, shall be allowed to him to dispute trar, be let in to defend the suit, either sepa- the apportionment before the registrar, who rately or jointly with the other defendant, shall hear and determine all objections thereto; within 20 days after the filing of the petition, and when the list shall have been finally settled or within such other time as the vice-warden by the registrar, he shall report thereon geneshall allow; and where several creditors of the rally to the vice-warden, and if the report shall same adventurers shall sue separately for pay- be confirmed upon exception or otherwise there ment and sale, the vice-warden shall have shall be a decree for payment in conformity power to consolidate the suits in such way as with the said report, and the several sums so shall seem to him necessary or expedient for apportioned and charged upon each contributhe convenient trial of the matters in issue in tory shall in and by the said decree be made the said causes and for the saving of expense payable to the registrar, who shall forthwith to the suitors; and all further notices, orders, demand payment thereof, and thereupon it summonses, warrants, and other process in shall be lawful for the said plaintiff or creditor, the cause or consolidated causes shall be at whose instance the apportionment shall have deemed to be well served if served on the de- been made and decree obtained, after such defendant in any part of England or Wales; and mand and a refusal of payment, to proceed to if upon sale of the ores, machinery, materials, levy from each contributory in the said list the and effects in any such suit the proceeds of the sum therein charged upon him in the manner sale shall be found insufficient to satisfy the hereinafter provided for enforcing decrees and debts of the plaintiff or plaintiffs and of the orders on the equity side of the said Court, other creditors who shall be admitted accord- and for this purpose the said plaintiff or creing to custom to prove their debts before the ditor shall be deemed to be a party entitled to registrar of the Court and the costs of suit and the benefit of the said decree within the intent expenses of sale, it shall be lawful for the re- and meaning of the said provision, and the gistrar, at the instance of the plaintiff in the sums received or levied shall be forthwith paid suit or of any creditor so admitted to proof, over by him to the registrar, who shall deduct and by permission of the vice-warden on an therefrom and allow to the party who shall application by the plaintiff or creditor stating have so received or levied the same his reathe amount of debts remaining unsatisfied and sonable costs and expenses in and about the the number of adventurers, whether within or said apportionment and obtaining the said deout of the jurisdiction, so far as they can be cree and levying the moneys so payable under scertained by the applicant, to proceed to ap-it, and shall distribute the residue rateably portion the amount of debts, costs and ex- among the several creditors in the proportion penses remaining unsatisfied rateably among of the debts remaining due to them respec JULY 21, 1855.] New Statutes effecting Alterations in the Law. tively provided always, that all notices and demands required by this Act to be served on or made upon adventurers and other persons named in the registrar's list as contributories shall be deemed to be sufficiently served if sent by post prepaid, addressed to the party at his last known address; unless the registrar shall order that the same shall be served in some other way, in which case service shall not be sufficient unless it be in conformity with such order. 217 any part of England or Wales, and, if need be, to order an appearance to be entered for the person served; and thereupon it shall be lawful to take such proceedings and to make such order or decree as if the service had been made within the said jurisdiction. said Court; and in all cases where any person who shall have commenced any suit or entered an appearance in any suit in the said Court, or shall have come in as creditor, claimant, or purchaser, or otherwise submitted to the jurisdiction thereof, cannot, by reason of his person or goods being out of the said jurisdiction, be made amenable to the process of the Court; and in all cases where any party to such suit shall have died or become bankrupt or insolvent, and his personal representatives or as6. In suits on the equity side of the said signees, or any of them, who may be necessary Court for an account as between adventurers parties to the continuance of the suit, shall be in mines in the stannaries, it shall be lawful out of the said jurisdiction, it shall be lawful for the Court, upon special application in that for the Court, upon special application in that behalf, to order that service of process in any behalf, to order that service of any notice, part of England and Wales to compel appear-order, summons, warrant, or other process ance and answer shall be good service on any shall be deemed good service on any such peradventurers or their personal representatives, son, representative, or assignee respectively in or others who may be necessary parties to such suit, although they may not then be personally within the jurisdiction of the said Court; and upon proof of such service, and of the default of any person so served to appear and answer the petition within the time prefixed by the summons, it shall be lawful for the plaintiff or plaintiffs to enter appearances for the persons so served, and thereupon such proceedings shall be had in the suit, and such orders or decrees made, as if the process had been duly served within the jurisdiction of the Court, and the orders and decrees so made shall be binding on all adventurers and others so served; and if the final decree shall be for payment of money or costs, payment thereof shall be enforced in the manner hereinafter provided; and after appearance so entered all notices, orders, summonses, warrants, and other process in the suit shall be deemed to be well served if served in any part of England or Wales; and in all such suits where any adventurer holding a share in a mine or adventure cannot be found, or is deceased and no one can be found who has administered to his estate and effects, then it shall be sufficient by leave of the Court to substitute for regular service a service on the mine in the usual way, or at the principal office or house of business of the adventurers, whether within the stannaries or elsewhere in England or Wales, and notice of such substituted service shall be addressed by post to the last known address of the said adventurer, except in case of his decease, and thereupon decrees or orders of the Court in the suit shall be binding on such adventurer or his representatives, and those claiming un-production of a certificate from the registrar of der him, as in case of regular service. 7. In suits commenced on the equity side of the said Court for causes relating to mines and minerals in the stannaries, or to shares, interests, or adventures therein, whereof the said Court has cognisance, in which it may be necessary or expedient to sue or to join as defendant a person holding or claiming to hold any share or interest in an adventure in mines or minerals worked within the stannaries, or being an agent of the said adventurers, who cannot be found within the jurisdiction of the 8. Where service of notices, orders, summonses, warrants, or other process in causes pending in the Vice-Warden's Court may, under this Act or otherwise, lawfully be made in a place out of the jurisdiction of the said Court, it shall be lawful for the said Court, or for parties to suits therein, to send the same to the high bailiff of the County Court in the district of which such place may be, together with the lawful fees payable in like cases for service of similar process in the County Court, and thereupon the high bailiff shall serve or cause to be served the same, as if it had been issued out of a County Court, and such service shall or may be proved as in case of County Court process. With respect to the execution of judgments and decrees of the Court of the Vice-Warden, be it enacted as follows: 9. In actions commenced therein on the common law side of the Court, where judgment shall have been duly recovered in a cause whereof the said Court has cognisance, but which cannot be conveniently or effectually enforced by the ordinary process of that Court within the jurisdiction thereof, it shall be lawful for any one of the Superior Courts of Common Law at Westminster, or for any Judge thereof, upon application of the party entitled to the benefit of such judgment, and the Court of the vice-warden under the seal of the Court of the judgment so recovered, and a satisfactory affidavit of the ground of the application, to cause process to issue and proceedings to be taken for the recovery of the amount due on the judgment, including the costs of the certificate and of the application, in the same manner as upon a like judgment recovered in an action commenced in the Superior Court; and it shall not be necessary for this purpose, or for any other purpose, that the record of any judgment in the vice-warden's 218 New Statutes effecting Alterations in the Law. [LEGAL OBSERVer, Court shall be engrossed on parchment or en- | of the application, to make the said decree or rolled; and where the debt or damages re-order, or so much thereof as cannot be encovered by judgment of the Court of the vice- forced, a decree or order of the High Court of warden, or sought to be recovered in actions Chancery; and thereupon such decree or commenced either by writ, plaint, or other order, or such part thereof as aforesaid, shall legal procedure, according to the practice of and may be enforced by such proceedings and the said Court, shall not exceed 50l., and the writs as would or might have been taken or judgment of the Court cannot be conveniently issued if the same had been originally made or effectually enforced within the jurisdiction by the High Court of Chancery, and all the of the said Court, it shall be lawful for the reasonable costs of and consequent upon such party entitled to the benefit of the judgment certificate and application shall and may be reto sue out a writ of execution, and to send the covered as if the same had been and were part same to the clerk of any County Court within of such decree or order; and where the said the district of which the judgment debtor or decree or order of the vice-warden is for payhis goods and chattels shall then be or be be- ment of a sum or sums of money not exceeding lieved to be, with a warrant thereunto annexed, in the whole the sum of 501., it shall be lawful under the hand of the registrar and seal of the for the party entitled to the benefit of the said Court of the vice-warden, requiring execution decree or order to enforce payment thereof in of the same, and with the fees lawfully payable the manner herein before provided in the case in like cases for execution of such a writ in the of a judgment on the Common Law side of County Court; and thereupon the said clerk the Court for Recovery of a debt or damages shall cause the same to be executed by the not exceeding the said sum of 50l.: Provided high bailiff of the County Court in due course that nothing in this Act contained shall affect of law, as if the same had been issued by the or prejudice the power of the vice-warden to Court of which he is high bailiff, and the enforce decrees or orders by process of atsaid bailiff shall have the same powers and pro- tachment within the jurisdiction of his Court tection as if he were executing the process of where the same may be now lawfully exersuch County Court, and shall make his return cised, or to order the sales of shares or into the clerk of the said Court, and pay over to terests in mines or adventures in cases wherehim the amount levied, if any; and the clerk in such sale may now be made by order of the shall forthwith certify the said return, and re- said Court. mit the amount so paid, less the costs of making such levy according to the practice of the County Courts, to the party prosecuting the writ; and the Judge of the said County Court shall have and exercise the same power and authority over the clerk and high bailiff, and shall have power to adjudicate upon summons of interpleader in case of adverse claims to goods taken in execution, as if the execution had been under the warrant of his own Court. 11. When any claim is made to or in respect of any goods and chattels, or the proceeds or value thereof, sold or intended to be sold under a customary decree of sale in a mining creditors suit by any landlord for rent or other distrainable demand, or by any other person not being a party to the suit, it shall be lawful for the vice-warden to call upon the claimant by rule or order of the Court to appear in person or by his attorney or agent in support of 10. All decrees and orders made in causes the same either before the vice-warden himon the equity side of the Court of the vice- self or before the registrar, and to state the warden, whereof the said Court has cogni- nature and particulars of his claim, who shall zance, for payment of any sum or sums of thereupon hear the allegations and receive the money, costs, charges, or expenses, shall and proofs offered as well by the claimant as by the may be enforced by a writ or writs of fieri plaintiff in the suit, and, if the claimant and facias or capias, within the limits of the juris- plaintiff shall agree on the facts of the case, diction of the said Court, which writs shall be shall then adjudicate upon the claim; and if in the form, as near as may be, of the like writs the said parties shall not so agree, then the disissued to enforce decrees or orders for pay- puted facts shall be ascertained by an action or ment of money made by the High Court of issue to be tried in the vice-warden's Court, Chancery, and be executed in like manner by in such form as the vice-warden shall direct, the bailiffs of the vice-warden's Court; and and the vice-warden shall then adjudicate where any decrees or orders, whether for pay- upon the claim; or the vice-warden or regisment of money or otherwise, cannot be con- trar shall have power, with the consent of the veniently or effectually enforced by the ordi- parties so before him, their counsel, attorneys, nary process of the Court of the vice-warden or agents, to adjudicate upon and dispose of within the jurisdiction thereof, it shall be law- the claim in a summary manner: Provided ful for the High Court of Chancery, or for any that in all cases, except in case of summary adJudge thereof, sitting in Court or at Chambers, judication by consent, it shall be competent for upon the application of a party entitled to the the registrar, at the request of the said parties, benefit of such decree or order, and production or either of them, to refer the decision of the of a certificate from the registrar of the Court case to the vice-warden; and the vice-warden of the vice-warden under the seal of the shall in all cases of such interpleader make Court of the said decree or order, or of such such other rules and orders in the matter of part thereof as cannot be so enforced as afore- the said claim or adjudication as between the said, and a satisfactory affidavit of the ground said parties in respect thereof, or of the costs JULY 21, 1855.] New Etatutes.-Costs of Proceedings in Crown Suits. 219 of the proceedings, as to him shall seem fit and | tion of the writ or writs awarded for recovery reasonable. of the possession and costs, and in enforcing 12. The adjudication of such claim, either process of attachment in the case of breach of upon hearing or in default of the appearance injunction; provided that nothing herein conof the claimant, shall be final and conclusive tained shall authorise the vice-warden to enterbetween the said parties and all persons claim-tain any question touching the freehold or ining by, from, or under them; and the adjudi- heritance of any person except by such concation, and all rules and orders made there- sent and as between and against such parties upon, shall have the force and effect of judg- as aforesaid. ments or decrees of the Court, and be enforced accordingly. 13. In cases of interpleader either on the Common Law or Equity side of the Court, upon application by the registrar bailiff, or other officer of the Court, or of the plaintiff in the original suit, and certificate by the registrar of the proceedings in the Court of the vice.warden, and proof of the service on such claimant of the rule or order calling upon him to appear in support of his claim, any action that shall have been or shall be brought in any Superior or Inferior Court in respect of such claim against any officer of the Court or person acting under his direction, or against the plaintiff in the original suit, may be stayed by the said Court, or any Judge thereof, who shall have power to make such rules and orders touching the costs of the action so stayed as shall seem fit and reasonable. 14. Provided that nothing herein contained shall authorise the vice-warden or registrar to adjudicate upon any claim, either on the Common Law or Equity side of the Court, touching the freehold or inheritance of any person, except by consent of the parties before the Court, and as between and against themselves and those claiming under them. 16. Whereas actions for debts not exceeding 501. are now prosecuted summarily, and tried by five jurors only on the Common Law side of the said Court, and it is expedient that the like process and trial be extended to other actions, whether for debt or damages: Be it therefore enacted, that all or any actions for debts or damages not exceeding 501., whether founded on tort or contract, for causes within the jurisdiction and cognizance of the said Court, shall be prosecuted in a summary way by plaint, and tried by a jury of five jurors, as is now used in actions for small debts in the said Court, except in cases where the vice-warden shall permit or direct such action to be by writ of summons; and for the purpose of improving the procedure in such actions by plaint, it shall be lawful for the vice-warden to make and enforce rules and forms of procedure, practice, pleading, and taxation of costs, and to adopt all or any of the rules and forms now or hereafter legally in force and use in the County Courts, with such alterations as may be necessary to adapt them to the jurisdiction of the vice-warden's Court. [To be continued.] COSTS OF PROCEEDINGS IN 15. It shall be lawful for the vice-warden to entertain jurisdiction in suits for recovery of the possession of mines within the stannaries, and of buildings, machinery, works, and waters A BILL has been introduced by the Attorannexed thereto and occupied therewith, on the ground of breach of condition, determination ney-General for "The Payment of Costs in of the sett or lease, or other lawful or custom-in matters relating to the Revenue, and for the Proceedings instituted on behalf of the Crown ary cause of forfeiture, and also to prohibit the Amendment of the Procedure and Practice in working of any mine in a manner contrary to Crown Suits in the Court of Exchequer." It custom or covenant by injunction in cases and recites that in divers proceedings instituted by under circumstances in which the High Court or on behalf of the Crown against the Queen's of Chancery or the Courts of Common Law at 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 that 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: it is therefore proposed to enact as follows: Westminster may now by law enjoin; and the suit for recovery of possession shall be by. action of ejectment on the Common Law side of the Court, according to the forms and Procedure established by the Common Law Procedure Act, 1852, so far as they are or can be made applicable to the vice-warden's Court; and it shall be lawful for the vice-warden to cause all necessary writs to be served on the persons in possession or entitled to defend, wheresoever they may then be in England or Wales, and to adopt any of the general rules and orders of the said Superior Courts promulgated from time to time and applicable to the action of ejectment with such variations as the nature and constitution of the Court shall render necessary; and all constables and peace officers within their several jurisdictions shall be aiding the bailiffs of the Court in the execu 1. In all informations, actions, suits, and other legal proceedings instituted before any Court or tribunal whatever by or on behalf of the Crown against any subject of her Majesty in respect of any land, tenements, or hereditaments, or of any goods or chattels, belonging or accruing to the Crown, the proceeds whereof by any Act now in force as hereafter to be passed are to be carried to the Consolidated Fund of Great Britain and Ireland, or in re |