CHAPTER X. APPEAL. "The County Courts Act, 1865" (28 & 29 Vict. c. 99), enacts that may appeal. Sect. 18. "If any party in a suit or matter under this act shall be dis- Parties satisfied with the determination or direction of a judge of a county court aggrieved on any matter of law or equity, or on the admission or rejection of any evidence, such party may appeal from the same to the vice-chancellor authorized as aforesaid, provided that such party shall, within thirty days after such determination or direction, give notice of such appeal to the other party or his attorney, and also deposit with the registrar of the county court the sum of ten pounds as security for the costs of the appeal; and the said court of appeal may make such final or other decree or order as it shall think fit, and may also make such order with respect to the costs of the said appeal as such court may think proper; and such orders shall be final; provided that nothing herein contained shall authorize any party to appeal against any decision of a county court, given upon any question as to the value of any real or personal property, for the purpose of determining the question of the jurisdiction of the court under this act, nor to appeal against the decision of a county court on the ground that the proceedings might or should have been taken in any other county court." Sect. 19. "In any case which may be the subject of an appeal under this act in causes arising within the county palatine of Lancaster, the appeal may be made either to the High Court of Chancery or a vicechancellor thereof, or to the Court of Chancery of the county palatine of Lancaster or the vice-chancellor thereof; and that in case of an appeal to the Court of Chancery for the said county palatine or the vice-chancellor thereof, the order on such appeal shall have the same effect as if it had been made by a vice-chancellor of the High Court of Chancery; but no appeal shall be made to the Court of Chancery of the said county palatine or the vice-chancellor thereof unless the consent thereto in writing of the respondent or respondents on such appeal, or of his or their solicitor or solicitors, shall be first obtained." Sect. 18 appears to give a very reasonable and ample power of appeal, not confined at all by the amount in difference, and allowing full time, after the decision of the county court judge, for parties to decide whether they will appeal, and requiring a moderate sum by way of deposit for costs. "Where any party desires to appeal under section 18 of the Act against the determination or direction of a judge of a county court, such appeal shall be had in accordance with the provisions of section 15 of 13 & 14 Vict. c. 61 (a), upon a case to be stated for Appeal to be made either Court of Chancery or a ceilor. to the High vice-chan Order XIX. Appeal to be 13 & 14 Vict. 16 15 and (a) Sce ante, Vol. I. p. 287. D. VOL. II. I PART IV. Rule 2. Notice of appeal. Rule 3. Proceedings not to be vice-chan the opinion of the vice-chancellor appointed in that behalf by the lord chancellor" (b): "The notice of appeal shall be in writing, and shall be signed by the appellant, his counsel or attorney, and such notice shall be sent, together with the statement of the grounds, by post or otherwise, to the registrar as well as to the successful party” (c). "The pendency of an appeal shall not operate as a stay of proceedings, but the vice-chancellor to whom such appeal is made, or stayed unless the judge from whose decree or order the appeal is made, may stay the proceedings pending the appeal, on such terms as to giving security or otherwise as to such vice-chancellor or judge may seem fit" (d). cellor or judge otherwise order. Order XX. Registrar to "Whenever a notice for appeal is given, the registrar shall detain the proceeds of any execution which may then be in or may retain money come into his hands pending such appeal, to abide the event of such appeal, unless the judge shall otherwise order" (e). to abide result of appeal. Order XIX. Rule 4. Case to be signed by judge. Rule 5. Where parties do not judge to settle same. "The appellant shall prepare the case for appeal, and all cases on appeal shall, unless the judge shall otherwise order, be presented to him for signature at the court held next after the parties shall have agreed upon the same; and if the judge approves thereof it shall be signed by him, and sealed with the seal of the court; but where the judge does not approve of the case submitted to him, both parties shall be summoned to attend him where and when the judge shall appoint, and at the place and time so appointed both parties shall be heard as to the form of the case, and the judge shall finally settle and sign the same, and it shall then be sealed by the registrar" (f). "Where the parties do not agree upon the form of the case to be stated, the appellant shall lodge with the registrar the draft agree on case, case prepared by him, and the registrar shall give notice to the parties that the same has been so lodged, and will, on a day to be named in the notice, be presented to the judge for his signature, and on such day the parties may appear before the judge, who shall determine the form of the case, and finally settle and sign the same, and it shall then be sealed by the registrar" (g). Rule 6. Copy of case deposited with registrar. "When the case shall be so signed and sealed, a copy thereof shall be deposited with the registrar, and another sent by post or otherwise by the appellant to the successful party within three days next after the time of signing and sealing the same, and if the appellant do not comply with this rule the successful party may pro (b) County Court Orders and Rules in Equity, 1868, Order XIX. Rule 1. (c) Id. Rule 2. (d) Id. Rule 3. In accordance with this rule the vice-chancellor will, if he thinks fit, stay the proceedings without any application to the judge. Cheesewright v. Thorn, 38 L. J. (N. S.) Ch. 615. (e) County Court Orders and Rules in Equity, 1868, Order XX. Rule 8. (f) Id. Order XIX. Rule 4. ceed upon the decree or order unless the judge shall otherwise direct" (h). "The appellant shall, within three days next after the case has been signed and sealed, transmit the same with a copy thereof under the seal of the court, by post or otherwise, to the office of the clerks of records and writs in chancery, or to such other office or officer in the court as the lord chancellor may by general order direct, and shall give notice, by post or otherwise, to the successful party that he has done so; in default whereof the successful party may proceed on the decree or order, and shall, on the application to the court, be entitled to such costs as he shall have incurred in consequence of the appellant's proceedings; provided that, instead of proceeding on such decree or order, the respondent, if he think fit, may, within twenty-eight days from the signing and sealing of the case, transmit it in the manner described, and give the like notice to the appellant of such transmission" (i). "If, after the case has been transmitted, the appellant do not prosecute his appeal, the court of appeal may dismiss the same for want of prosecution, and thereupon the decree or order appealed from may be prosecuted and enforced as if there had been no such appeal, and the respondent in the appeal shall be entitled to all costs he may have incurred by reason of the appeal, to be recovered as costs in the court below" (k). Rule 9. Entering judgment on "When the court of appeal shall have made a decree or order, either party may deposit the same or an office copy thereof with the registrar of the county court, and upon being so deposited such appeal. decree or order shall be filed and may be enforced as if it had been made by the county court" (1). "All the rules in this order shall apply to appeals under sect. 19 of the act to the Court of Chancery of the county palatine of Lancaster, and the vice-chancellor thereof, except that the case when signed and sealed shall be transmitted to the registrar of that court" (m). Costs on Appeal.]-In giving or withholding costs the court takes into consideration the conduct of the parties during the litigation and other circumstances, and there is no general rule that costs should follow the event (n). (h) County Court Orders and Rules in Equity, 1868, Order XIX. Rule 6. (i) Id. Rule 7. (k) Id. Rule 8. (1) Id. Rule 9. (m) Id. Rule 10. (n) In Fallon's v. Slatter, 38 L. J. (N. S.) Ch. 609. Stuart, V.-C., said, "The rule of common law, that costs should follow the result of an Rule 10. Appeal to Lancaster Chancery. CHAPTER XI. FEES AND COSTS UNDER THE EQUITABLE JURISDICTION OF THE COUNTY COURTS. § 1.-FEES. §2.-GENERAL RULES AS TO COSTS. § 3.-SCALE OF COSTS OF COUNSEL AND ATTORNIES. § 1.-FEES. SUITORS pay the following fees, which are received by the registrar and accounted for and paid over by them to the treasurers of their respective courts, or where there is no treasurer, as may be directed by order of the commissioners of the treasury (a). £ s. d. 0 10 0 0 10 0 0 0 .. 1 00 100 N.B.-These fees are only to be charged once in a suit or matter. The following further fees are received by the registrars for the use of themselves and the high bailiffs as the remuneration for the duties performed by them under the equitable jurisdiction of the Where the Subjectmatter of the Suit or Proceeding Does not Where it ex exceed 1007. ceeds 100. PART IV. CHAP. XI. REGISTRARS' FEES-continued. For filing or recording order by judge for adjourn ment For issuing every warrant For preparing power of attorney For filing affidavit and receipt, giving certificate, and Where the notices under Order XI., Rule 16, shall For every summons to a witness For attesting admission of defendant and filing For filing statement of defendant, or notice by plaintiff for dismissal of cause .. For drawing, filing, and sealing every decretal order final decree, or an order on a petition, or application for an order in the nature of an injunction (including issuing the copy of same for service) If more than one copy of decree, &c. to be issued, then for every additional copy For perusing and filing papers, application to judge, drawing directions to proceed, and notice to parties on transfer of proceedings from Court of Chancery For drawing advertisements and inserting For advertisements, sum paid. |