In the Court of Exchequer Chamber at Westminster, 6th and 7th February, 1864: The Attorney General V. Sillem and Others, Claiming the Vessel "Alexandra," Seized Under the Foreign Enlistment Act, (59 George III. Chapter 69). Report of the Argument on the Preliminary Objection to the Jurisdiction of the Exchequer Chamber, in Appeal Under the New Rules of the Court of Exchequer, Applying the Common Law Procedure Acts to the Revenue Side of that Court. With the Judgement of the Court, and an Appendix1864 - 85 páginas |
Palavras e frases frequentes
23rd of Victoria 26th section Act of Parliament adapt apply Attorney authority bill of exceptions bringing error brought ceedings chapter 21 clause Common Law Procedure costs Court of Appeal Court of Error Court of Exchequer Courts of Common Crown defendant in error discretion effect effectual execution enactment Exchequer Chamber expedient expressly extend given House of Lords intention and objects Judge judgment jurisdiction jury Law at Westminster Law Procedure Act learned friend Legislature Lord Chief Baron Lord Chief Justice Lordships Majesty matter mode of pleading objects thereof party plaintiff in error Plea side preamble proceedings in error provisions purpose Queen's Remembrancer Queen's Remembrancer's Act question record referred Revenue side right of appeal rule or order rules and orders section 26 ship or vessel Sir H Sir Hugh Cairns Statute suit suitor Superior Courts tender a bill trial words writ of error دو وو وو دو وو وو وو
Passagens conhecidas
Página xxi - America, contrary to the form of the statute in such case made and provided, whereby and by force of the statute in that case made and provided the said ship or vessel, together with her tackle, apparel, and furniture, and the articles aforesaid, became and was forfeited.
Página 68 - An Act for the further amendment of the Process, Practice, and Mode of Pleading in and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham.
Página 7 - ... decided against may appeal, provided any one of the Judges " dissent from the rule being refused, or when granted being " discharged or made absolute, as the case may be, or provided " the Court in its discretion think fit that an appeal should be
Página 58 - An act to regulate the office of Queen's remembrancer and to amend the practice and procedure on the revenue side of the Court of Exchequer...
Página xiii - Three, from Time to Time to make all such General Rules and Orders for the effectual Execution of this Act, and of the Intention and Object hereof and for fixing the Costs to be allowed...
Página iv - Court and cause, and signed by the party or his attorney, alleging that there is error in law in the record and proceedings ; whereupon the master shall file such memorandum, and deliver to the party lodging the same a note of the receipt thereof ; and a copy of such note, together with a statement of the grounds of error intended to be argued, may be served on the opposite party or his attorney.
Página iv - ... to prosecute the proceedings in error with effect, and also to satisfy and pay (if the said judgment be affirmed, or the proceedings in error be discontinued by the plaintiff therein,) all and singular the sum or sums of money and costs adjudged or to be adjudged upon the former judgment, and all costs and damages to be also awarded for the delaying of execution, and shall give notice thereof to the defendant in error, or his attorney.
Página iv - ... be bound unto the party for whom any such judgment is or shall be given, by recognizance to be acknowledged in the same court, in double the sum adjudged to be recovered by the said judgment, (except in case of a penalty, and in case of a penalty in double the sum really due, and double the costs...
Página i - And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the court or a judge...
Página viii - Act annexed, or as near thereto as the Circumstances of the Case will admit...