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Jurisdiction of the Stannary Court Amendment. Equity Side of the said Court, and for this Purpose the said Plaintiff or Creditor shall be deemed to be a Party entitled to the Benefit of the said Decree within the Intent and Meaning of the said Provision, and the Sums received or levied shall be forthwith paid over by him to the Registrar, who shall deduct therefrom and allow to the Party who shall have so received or levied the same his reasonable costs and Expenses in and about the said Apportionment and obtaining the said Decree and levying the Monies so payable under it, and shall distribute the Residue rateably among the several Creditors in the Proportion of the Debts remaining due to them respectively : 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
vice shall not be sufficient unless it be in conformity with such Order.
VI. In Suits on the Equity Side of the said Court for an Account As to Suits for as between Adventurers in Mines in the Stannaries, it shall be Account belawful for the Court, upon special Application in that Behalf, to tween Advenorder that Service of Process in any Part of England and Wales to compel Appearance and Answer shall be good Service on any Adventurers or their personal Representatives, 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 herein-after 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 under him, as in case of regular Service. 18 & 19 Vict.
Jurisdiction of the Stannary Court Amendment.
Process in Suits · VII. In Suits commenced on the Equity Side of the said Court against non-re- for Causes relating to Mines and Minerals in the Stannaries, or sident Defen
to Shares, Interests, or Adventures therein, whereof the said Court dants.
has cognizance, 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 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 Assignees, or any of them, who may be necessary Parties to the Continuance of the Suit, shall be out of the said Jurisdiction, it shall be lawful for the Court, upon special Application in that Behalf, to order that Service of any Notice, Order, Summons, Warrant, or other Process shall be deemed good Service on any such Person, Representative, or Assignee respectively in 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. Service of Pro- VIII. Where Service of Notices, Orders, Summonses, Warrants, cess out of or other Process in Causes pending in the Vice-Warden's Court Stannaries.
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. As to Execu
With respect to the Execution of Judgments and Decrees of tion of Judg- the Court of the Vice-Warden, be it enacted as follows: ments and
IX. In Actions commenced therein on the Common Law Side Decrees of the Court of the
of the Court, where Judgment shall have been duly recovered in Vice-Warden. a Cause whereof the said Court has cognizance, but which cannot Where such be conveniently or effectually enforced by the ordinary Process of Judgments can- that Court within the Jurisdiction thereof, it shall be lawful for not be conve- any One of the Superior Courts of Common Law at Westminster, niently enforced, or for any Judge thereof, upon Application of the Party entitled Superior Courts may issue Pro
to the Benefit of such Judgment, and Production of a Certificate cess for Recov- from the Registrar of the Court of the Vice-Warden under the ery of Amounts Seal of the Court of the Judgment so recovered, and a satisfactory due on the Affidavit of the Ground of the Application, to cause Process to same. issue and Proceedings to be taken for the Recovery of the Amount
Jurisdiction of the Stannary Court Amendment. 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 Court shall be engrossed on Parchment or enrolled ; and where the Debt or Damages recovered by Judgment of the Court of the ViceWarden, or sought to be recovered in Actions commenced either by Writ, Plaint, or other legal Procedure, according to the Practice of the said Court, shall not exceed Fifty Pounds, and the Judgment of the Court cannot be conveniently or effectually enforced within the Jurisdiction of the said Court, it shall be lawful for the Party entitled to the Benefit of the Judgment to sue out a Writ of Execution, and to send the same to the Clerk of any County Court within the District of which the Judgment Debtor or his Goods and Chattels shall then be or be believed to be, with a Warrant thereto annexed, under the Hand of the Registrar and Seal of the Court of the Vice-Warden, requiring Execution of the same, and with the Fees lawfully payable in like Cases for Execution of such a Writ in the County Court; and thereupon the said Clerk shall cause the same to be executed by the High Bailiff of the County Court in due Course of Law, as if the same had been issued by the Court of which he is High Bailiff, and the said Bailiff shall have the same Powers and Protection as if he were executing the Process of such County Court, and shall make his Return to the Clerk of the said Court, and pay over to him the Amount levied, if any; and the Clerk shall forthwith certify the said Return, and remit 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.
X. All Decrees and Orders made in Causes on the Equity Side Execution of of the Court of the Vice-Warden, whereof the said Court has Decrees, &c. cognizance, for Payment of any Sum or Sums of Money, Costs, in Equity Suits Charges, or Expenses, shall and may be enforced by a Writ or Stannaries. Writs of Fieri facias or Capias, within the Liinits of the Jurisdiction of the said Court, which Writs shall be in the Form, as near as may be, of the like Writs issued to enforce Decrees or Orders for Payment of Money made by the High Court of Chancery, and be executed in like Manner by the Bailiffs of the Vice-Warden's Court; and where any Decrees or Orders, whether for Payment of Money or otherwise, cannot be conveniently or effectually enforced by the ordinary Process of the Court of the Vice-Warden within the Jurisdiction thereof, it shall be lawful for the High Court of Chancery, or for any Judge thereof, sitting in Court or at Chambers, upon the Application of a Party entitled to the Benefit of such Decree or Order, and Production of a Certificate from the Registrar of the Court of the Vice-Warden under the Seal of the Court
Jurisdiction of the Stannary Court Amendment.
of the said Decree or Order, or of such Part thereof as cannot be so enforced as aforesaid, and a satisfactory Affidavit of the Ground of the Application, to make the said Decree or Order, or so much thereof as cannot be enforced, a Decree or Order of the High Court of Chancery ; and thereupon such Decree or Order, or such Part thereof as aforesaid, shall and may be enforced by such Proceedings and Writs as would or might have been taken or issued if the same had been originally made by the High Court of Chancery, and all the reasonable Costs of and consequent upon such Certificate and Application shall and may be recovered as if the same had been and were Part of such Decree or Order; and where the said Decree or Order of the Vice-Warden is for Payment of a Sum or Sums of Money not exceeding in the whole the Sum of Fifty Pounds, it shall be lawful for the Party entitled to the Benefit of the said Decree or Order to enforce Payment thereof in the Manner herein-before provided in the Case of a Judgment on the Common Law Side of the Court for Recovery of a Debt or Damages not exceeding the said Sum of Fifty Pounds : Provided that nothing in this Act contained shall affect or prejudice the Power of the Vice-Warden to enforce Decrees or Orders by Process of Attachment within the Jurisdiction of his Court where the same may be now lawfully exercised, or to order the Sale of Shares or Interests in Mines or Adventures in Cases wherein such Sale may now be made by Order of the said Court.
XI. 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 Creditor's 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 the same either before the Vice-Warden himself or before the Registrar, and to state the Nature and Particulars of his Claim, who shall thereupon hear the Allegations and receive the Proofs offered as well by the Claimant as by the Plaintiff in the Suit, and, if the Claimant and Plaintiff shall agree on the Facts of the Case, shall then adjudicate upon the Claim ; and if the said Parties shall not so agree, then the disputed Facts shall be ascertained by an Action or Issue to be tried in the ViceWarden's Court, in such Form as the Vice-Warden shall direct, and the Vice-Warden shall then adjudicate upon the Claim ; or the Vice-Warden or Registrar shall have Power, with the Consent of the Parties so before him, their Counsel, Attornies, or Agents, to adjudicate upon and dispose of the Claim in a summary Manner: Provided that in all Cases, except in case of summary Adjudication by Consent, it shall be competent for the Registrar, at the Request of the said Parties, or either of them, to refer the Decision of the ase to the Vice-Warden; and the Vice-Warden shall in all Cases of such Interpleader make such other Rules and Orders in the Matter of the said Claim or Adjudication as between the said Parties in respect thereof, or of the Costs of the Proceedings, as to him shall seem fit and reasonable.
Jurisdiction of the Stannary Court Amendment. XII. The Adjudication of such Claim, either upon hearing or Adjudication to in default of the Appearance of the Claimant, shall be final and be final. conclusive between the said Parties and all Persons claiming by, from, or under them; and the Adjudication, and all Rules and Orders made thereupon, shall have the Force and Effect of Judge ments or Decrees of the Court, and be enforced accordingly.
XIII. In Cases of Interpleader either on the Common Law or Upon ApplicaEquity Side of the Court, upon Application by the Registrar, tion by RegisBailiff, or other Officer of the Court, or of the Plaintiff in the trar, &c. Action original Suit, and Certificate by the Registrar of the Proceedings may be stayed. 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.
XIV. Provided that nothing herein contained shall authorize Freehold, &c. the Vice-Warden or Registrar to adjudicate upon any Claim, either not to be adjuon the Common Law or Equity Side of the Court, touching the dicated upon Freehold or Inheritance of any Person, except by Consent of
sent. the Parties before the Court, and as between and against themselves and those claiming under them.
XV. It shall be lawful for the Vice-Warden to entertain Juris- Ejectment in diction in Suits for Recovery of the Possession of Mines within the Stannaries. the Stannaries, and of Buildings, Machinery, Works, and Waters annexed thereto and occupied therewith, on the Ground of Breach of Condition, Determination of the Sett or Lease, or other lawful or customary Cause of Forfeiture, and also to prohibit the working of any Mine in a Manner contrary to Custom or Covenant by Injunction in Cases and under Circumstances in which the High Court of Chancery or the Courts of Common Law at 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 Execution of the Writ or Writs awarded for Recovery of the Possession and Costs, and in enforcing Process of Attachment in the Case of Breach of Injunction ; provided that nothing herein contained shall authorize the ViceWarden to entertain any Question touching the Freehold or InheritH 3