Warden or agreed upon by the parties, and the ViceWarden shall certify such notes accordingly, and transmit to the Lord Warden a record of the proceedings in his Court, and all documents and papers in the cause in the custody of the Court, and the parties before the Lord Warden shall produce all the documents and papers produced on the trial below. On the hearing and the decision of the appeal the Lord Warden shall be assisted by two or more assessors, who shall be members of the judicial committee of the Privy Council or judges of the High Court of Chancery or courts of common law at Westminster; and the decree, order, or judgment of the Lord Warden in the court of appeal so constituted shall be subject to a final appeal to the judicial committee of the Privy Council, who shall have power to hear and determine the same. And it shall be lawful for the Lord Warden to remit a cause pending before him on appeal at once for the determination of the said judicial committee without pronouncing any previous judgment thereon. Provided that no appeal shall be allowed in any case where the debt or damages sought to be recovered shall not exceed twenty pounds, and where no question of jurisdiction or of the custom of mining or miners shall have arisen in the Court below, nor shall any appeal operate to stay proceedings or be allowed unless the party appellant shall notify in writing to the Registrar within thirty days after notice of the decree, order, or judgment appealed against his intention to prosecute an appeal, and shall then give or offer to give security by bond to the Registrar to prosecute the same within the time prefixed by the Court, and to abide by and perform the final order and award of the Court of Appea', which bond shall not require to be stamped, and it shall be lawful for the Lord Warden, with the approval of two or more members of the judicial committee of the Privy Council or judges of the High Court of Chancery or of the superior courts of common law from time to time to make any general rules and orders for regulating the practice, fees, and costs on appeal pending before him not inconsistent with the provisions of this Act. Officer not tion in case 44. A person shall not be entitled to any entitled to compensation in respect of any emoluments compensareceived by him for duties performed in pursu- of alteration ance of the provisions of this Act, or in respect of the emoluments of any office in or connected office. with the Court, or with the lord warden of of duties or abolition of Saving for existing ereditors. Saving for customs of Stannaries, &c. the Stannaries or vice-warden, to which such person is appointed after the passing of this Act, in case any alteration is made in such duties or in the duties of such office, or in case such duties or such office are abolished. Savings. 45. Nothing in this Act shall take away or or abridge any right or remedy of any creditor of a company existing at the passing of this Act. 46. Nothing in this Act contained shall exclude the right of any shareholder of a company, miner, creditor, or other customary suitor of the Court to resort to all or any of the remedies heretofore used and enjoyed, and still subsisting by custom or statute in the said Court as now constituted by law unless such right is expressly abrogated by this Act. Sec. 46. See Introductory Chapter, "How far is the Act retrospective?" 131 APPENDIX. A. SET OF FORMS FOR THE CONSTITUTION OF A COST-BOOK COM PANY TO BE ENTERED IN THE COST-BOOK. FIRST ENTRY IN COST-BOOK ON FORMATION OF COMPANY. MINE. UPON THE COST-BOOK PRINCIPLE. This undertaking is hereby constituted upon the Cost-Book principle, in parts or shares subject to further subdivision by resolution of a special general meeting of the adventurers if so thought fit hereafter, such parts or shares being now held as follows: from to The mine is intended to be worked and carried on under and by virtue of a grant, or sett thereof, bearing date the day of and a copy of which has been entered in the preceding sheets of the CostBook, and any other grant or sett of adjoining lands which may hereafter be obtained by us on behalf this company. And the said [the grantee or grantees] is [or are] to be, and shall be, at all times hereafter held harmless and kept indemnified by the adventurers from all individual responsibility under, or in respect of, the rent, dues, payments, covenants, and provisions, of the sett on the grantees' part to be paid, observed, and performed. FORM OF DECLARATION OF TRUST OF THE GRANT OR SETT OF THE MINE TO BE ENTERED IN THE COST-BOOK AND SIGNED BY THE GRANTEES. MINE. We the undersigned named in the said indenture of grant or sett for mining pur poses, dated the day of &c., as being the grantees 18 from , of and in the lands and hereditaments called , in the county of shown by in the parish of the plan indorsed on the said indenture, and coloured a copy of which sett and plan is entered in the preceding sheets of this Cost-Book, do hereby admit and declare that the same grant or sett has been obtained by, and is held by us as trustees for and on behalf of the adventurers for the time being in the Mine intended to be worked and carried on upon the Cost-Book principle under the said grant or sett subject, nevertheless, to our being at all times held harmless and kept indemnified by the said adventurers from and against all individual liability whatsoever under, or in respect of the rent, dues, and payments, covenants and provisious, reserved by and contained in the said indenture, and on the grantees part to be paid, observed, and performed. As witness our hands this day of 18 [To be signed by the grantees.] The following rules and regulations for the government of the company are hereby adopted : *COPY OF RULES AND REGULATIONS FOR THE GOVERNMENT OF THE MINE. in I. That the name of the Mine be the " Mine," shares, subject to further sub-division by resolution of a special general meeting, and that the same be managed and conducted entirely on the Cost-Book principle, subject to the Stannaries' Act, 1869, and to the following or any other special rules or regulations that may hereafter be made for the internal government of the affairs of the mine, not inconsistent with the Cost-Book principle. II.-That the parties whose names are duly entered in the Cost-Book shall be proprietors of parts or shares in this adventure, subject to these rules and regulations, or other the rules and regulations of this mine for the time being, and that no person whose name shall not be duly entered in the CostBook as a proprietor shall have any legal right or interest in this mine or other property of the said adventure. III. That there be a committee appointed, consisting of not more than of the adventurers, who shall have the direction of the affairs of this adventure, subject to such resolutions and provisions as are or may be passed at any general or special meeting of the adventurers, and that each member of such committee must hold in his own right not less than shares or an equivalent proportion if the shares shall be hereafter subdivided; and that such committee shall have the power *This is a form which has been used since the passing of the Stannaries' Act, 1869. It will be seen that many provisions are inserted in it which would, in fact, have been implied by common law, custom, or statute; but it is usual in drawing partnership articles to specially mention such matters although they might be implied; the reason being that it is convenient for the partners to have, as it were, a code of laws for easy reference. On the subject of rules and regulations generally, see supra, p. 27. It is also noticeable that, in this particular form, the mine is meant to be worked by a managing committee. Although, as has been seen above (p. 64), neither the Cost-Book system, nor the Stannaries' Act, 1869, recognizes any divisions of meetings, either into general, special, or special general, or any other like divisions, there is nothing wrong in the division which has been followed here, though it may be a question whether there is any real advantage in such distinctions, G * |