SCHEDULE II. Appeal Court Transmission of Appeal Record. Appeal Case. Transmission of Original Documents. Control of over Suit pending. 18. The Appellant may at any time, by leave of the Appeal Court, amend or add to the grounds of his Appeal. 6. Transmission of Record. 19. On the expiration of fourteen days after leave to Appeal has been given, the Court below shall, without the application of any party, make up the Record of Appeal, which shall consist of the Writ of Summons, the Pleadings (if any), a certified copy of all documents admitted as evidence or tendered as evidence and rejected, and of the Court's Notes of Evidence, and the Grounds of Appeal. The several pieces shall be consecutively numbered and fastened together, and, along with a list thereof, authenticated by the signature of the Commissioner or Judge of the Court below, shall be forthwith forwarded by that Court to the Appeal Court. 20. Along with the Record of Appeal the Court below shall transmit to the Appeal Court a Case, which may be agreed on between the parties, but shall be settled by the Court. The Case shall state the cause of action, the facts found by the Court, and the Court's determination thereon in point of law. 21. The Court below shall not, except for some special cause, take upon itself the charge or the transmission of original letters or documents produced in evidence. They shall be returned to the parties producing them, and they must be prepared to produce the originals, if required by the Appeal Court, before or at the hearing of the Appeal. 7. Proceedings in the Appeal Court. 22. After the Record of Appeal is transmitted, until the Appeal Appeal Court is disposed of, the Appeal Court shall be in possession of the whole while Appeal Suit as between the parties to the Appeal. Every application in the Suit shall be made to the Appeal Court, and not to the Court below, but any application may be made through the Court below: Provided that in cases of urgency the Court below may make any Interim Order to prevent prejudice to the claims of any party pending an Appeal, but every such Order may be discharged or varied by the Appeal Court or a Judge thereof. Additional Notice to Parties in Notice in Appeals on merits. 23. The Appeal Court may, where requisite, require additional security for costs or for performance of the Orders to be made on Appeal, than the Court below has thought fit to direct, and may make any Interim Order or Injunction which the Court below is authorized to make, and which may be necessary. 24. If the Appeal is from an Interlocutory Order, the Court shall not cause notice to be given to the parties of the day when the Appeal will be disposed of, unless under special circumstances it thinks fit to do so; but where a party to the Appeal notifies to the Appeal Court his desire to attend, he shall be at liberty to do so, and to be heard at such time as the Appeal Court directs. 25. If the Appeal is from a Decision or Order after Trial or Hearing of any Suit or matter upon the merits, the Appeal Court Ord. 52. shall, after receiving the Record of Appeal, fix a day for the hear- SCHEDULE II. ing thereof, and shall give notice thereof through the Court below to the parties to the Appeal, such a day being fixed as will allow of the parties attending if they so desire. But if all the parties to an Appeal appear in person in the Appeal Court, or appoint persons to represent them in the Appeal, and cause the appearance or appointment to be notified to the Appeal Court, the Court shall dispose of the Appeal without giving notice through the Court below of the day fixed for the hearing thereof. 26. The Appeal Court may, if it thinks fit, require the parties Appearance to an Appeal to appear personally before it on the hearing of the of Parties. Appeal, or on any occasion pending the Appeal; otherwise personal appearance shall not be obligatory. 27. It is not open as of right to any party to an Appeal to Evidence. adduce new evidence in support of his Original Case; but for the furtherance of justice the Appeal Court may, where it thinks fit, allow or require new evidence to be adduced. A party may, by leave of the Court, allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and adduce evidence in support of such allegations. locutory 28. No Interlocutory Order from which there has been no Appeal No Intershall operate so as to bar or prejudice the Appeal Court from giving Order to presuch decision upon the Appeal as may seem just. General judice the 29. The Appeal Court may from time to time make any Order Decision on necessary for determining the real question in controversy in the Appeal. Appeal, and may amend any defect or error in the Record of the Appeal; and may direct the Court below to inquire into and certify Appeal Court. its finding on any question which the Appeal Court thinks fit to determine before final judgment in the Appeal, and generally shall have as full jurisdiction over the whole Suit as if the same had been instituted and prosecuted in the Appeal Court as a Court of First Instance, and may re-hear the whole Case, or may remit it to the Court below to be re-heard, or to be otherwise dealt with as the Appeal Court directs. 30. The Appeal Court shall have power to give any judgment, Judgment in and make any Order which ought to have been made, and to make Appeal. such further or other Order as the case may require. These powers may be exercised by the Court, notwithstanding that the Appellant may have asked that part only of the decision may be reversed or varied, and may also be exercised in favour of all or any of the Respondents or Parties, although such Respondents or Parties may not have appealed from or complained of the Decision. Ground for 30A. The Appeal Court shall not grant a new trial or reverse Ruling as to any judgment by reason of the ruling of any Court that the stamp Stamp not a upon any document is sufficient or that the document does not Appeal. require a stamp. 8. Enforcement of Decrees and Orders on Appeal. 31. Any Decree or Order made by the Appeal Court may be Execution to enforced by the Appeal Court, or by the Court below, according as be directed by Appeal Court. Ord. 52. SCHEDULE II. the Appeal Court may consider most expedient and may direct, in the same manner as any original Decree or Order of the Court can or may be enforced. Execution by 32. When the Appeal Court directs any Decree or Order to be Court below. enforced by the Court below, a Certificate under Seal of the Court and the hand of the presiding Judge, setting forth the Decree or Order of the Appeal Court, shall be transmitted by the Registrar of the Appeal Court to the Court below, and such last-mentioned Court shall enforce the Decree or Order made by the Appeal Court in terms of such Certificate. Consolidated APPENDIX A. CONSOLIDATED REGULATIONS. Fees and Stamps. 1. No Writ of Summons, or other Summons, Warrant, Writ of Regulations Execution, or Subpoena shall-except by special Order of the Court -be issued until of Judicial Department. (a) All the fees payable thereon, including the Hearing fee, and fee for Service (if any) shall have been paid; and (b) An account thereof set forth, and initialed as received, by the Registrar or Deputy Registrar as the case may be, both in the margin of the process, and in the counterfoil thereof (A. Forms). 2. All such fees shall be carried to account immediately on the process being signed by the Judge or District Commissioner as the case may be. 3. All other fees soever payable in any cause or proceeding before the Court, or upon any motion or application for Judicial relief or assistance, or upon affidavits or certificates, or in respect of any other matter not otherwise or specially provided for, in which any fees are, or may become payable under or by virtue of any Statute or Ordinance now in force, or which may hereafter become law in the Colony, shall be paid and received in the manner following that is to say : The Registrar or Deputy Registrar shall affix to the paper or document a stamp or stamps equivalent to the amount of the fee payable thereon and received by him. In the case of Affidavits, Declarations, Certificates or other Documents, the Judge, District Commissioner or other Officer, before whom the same are taken, sworn, declared or certified, shall forthwith cancel the stamp by writing across the same his initials or name. Where any paper or document is intended to be brought or tendered in evidence, or otherwise used in any proceeding before the Court, the stamp or stamps representing the fees payable and paid in respect thereof for filing or otherwise shall be affixed by the Registrar or Deputy Registrar as the case may be, and shall remain uncancelled until so presented, used, tendered or brought in evidence before the Judge or District Commissioner, who shall forthwith cancel the same. The paper or document so stamped shall be filed with the records in the cause or proceeding before the Court. 4. The Registrar shall obtain such stamps as may be required from the Colonial Treasurer upon a requisition in the usual form. The Registrar and Deputy Registrar shall, from time to time, and at such times as shall be required by the Regulations of the Treasury Department, or as may be directed by the Court, duly account for the stamps so received, and submit their accounts to be audited, and settled by the Auditor, subject to such Regulations and directions as aforesaid. 5. The Registrar and Deputy Registrars shall send into the Treasury, monthly, in duplicate, a Return of Stamps on Judicial Form C. 44. The Deputy Registrars shall at the same time send in a copy of such Return to the Registrar. 6. No Hearing fee, or other fee shall under any circumstances be returned, except upon a Voucher, payable at the Treasury, in favour of the party entitled to receive the same, signed by the Judge or District Commissioner, as the case may be, before whom the cause or matter is set down, and comes on for hearing. Moneys paid into and out of Court. 7. Where money is paid into Court under the provisions of Order XXI. Schedule 2, the party paying in the same shall be entitled to, and the Registrar or Deputy Registrar, as the case may be, shall give to such party, a receipt on Judicial Form A. 38. 8. In all other cases, where money is paid into Court, whether for fines, or penalties inflicted, or forfeitures incurred, or as deposits, and for which no express provision is made, a receipt on Judicial Form A. 41 shall be given. 9. Where money is paid out of Court to a party entitled to receive the same, under an Order or Decree, the Registrar or Deputy Registrar, as the case may be, shall forthwith enter the sum so paid out in the Fee Book (B. 11) and take from the party to whom the same shall be paid, a receipt on Judicial Form B. 9, which shall be retained in the Court records. 10. When any District Commissioner, in the exercise of his jurisdiction in criminal matters, shall award to any person a sum of money, by way of damages or compensation, the party ordered or directed to pay such sum of money, as aforesaid, shall pay the same, and the same shall be paid, in the first instance, into Court, and shall not be paid out to the party entitled to receive the same, until the "Return of Criminal charges disposed of" has been submitted to, and approved by the Chief Justice, and the District Commissioner shall make a note in his Return, in every such instance, to the effect that the money has been so paid into Court -vide section 53 of the Ordinance. 11. All fees, fines and other moneys paid into Court, and remaining in the hands of the Registrar or Deputy Registrar, shall be paid into the Treasury on Monday and Thursday in each week, and on the last day of each calendar month. Judicial Forms. 12. All Judicial Forms should be referred to, and identified, by their distinctive marks, as in the Schedule hereto. A complete set of Judicial Forms each marked with its distinctive mark and certified as approved by the Chief Justice shall be kept for reference in the office of the Chief Registrar. Each Deputy Registrar shall also keep for reference a complete set of such forms as are required for use in a District Commissioner's Court certified as so approved by the Registrar. All counterfoiled books (A. Forms), and bound books (B. Forms), should be numbered consecutively from beginning to end before such books are issued for use. 13. The Chief Registrar alone shall requisition for the printing of Judicial Forms. He shall not send in any such requisition, until the Form or Forms required to be printed shall have been first submitted to, and approved by the Chief Justice. The Deputy Registrars will be supplied by the Chief Registrar, from time to time, with the forms specified in their Quarterly Returns (Form C. 43) as being "required for next quarter." 14. The Registrar and Deputy Registrars shall send in to the Chief Justice, quarterly, a Return of Judicial Forms available for use, on Judicial Form C. 43. 15. SCHEDULE OF JUDICIAL FORMS. Counterfoiled Books. A. 1. Civil Summons. A. 2. Summons on Information in Revenue cases. A. 3. Summons for condemnation of Seizures. |