Procedure in the Court of the Vice Warden of the Stannaries: New Orders, Rules and Forms, with an Appendix of Statutes and an Introductory Notice on the Jurisdiction of the Court in Relation to Mining CompaniesH. Sweet, 1856 - 288 pages |
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Procedure in the Court of the Vice Warden of the Stannaries: New Orders ... Cornwall Stannaries No preview available - 2016 |
Common terms and phrases
Act 18 Vict adventurers affidavit aforesaid alleged amendment appear application appointed attorney authority bailiff cause of action claim claimant County Court county of Cornwall Court of Chancery creditors damages debt declaration decree or order default demurrer Devon duchy Duchy of Cornwall Duke of Cornwall ejectment entitled equity side fees fieri facias filed further enacted hereby high bailiff indorsed issue judgment jurisdiction jurors jury lands or tenements levied Lord Warden Majesty manner matters metallic minerals mines misjoinder notice otherwise paid party payable payment person petition plaint plaintiff plea plea in abatement pleading pounds proceed proceedings recovered respect rule or order rules and orders Schedule annexed sect served sittings solicitor Stannaries of Cornwall statute suit superior Courts therein thereof thereupon think fit tion trial Truro Vice Warden Vice Warden's Court Warden or Registrar writ of execution writ of summons
Popular passages
Page 140 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 139 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion of the Judge, prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony...
Page 139 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause, without such writing being shewn to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory, proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 138 - If any person called as a witness or required or desiring to make an Affidavit or Deposition shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court or Judge or other presiding Officer or person qualified to take Affidavits or Depositions...
Page 106 - ... the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the...
Page 142 - Judges shall be of the same effect as the verdict of a jury, save that it shall not be questioned upon the ground of being against the weight of evidence...
Page 115 - ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Page 170 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...
Page 140 - It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite ; and such instrument may be proved by admission or otherwise, as if there had been no attesting witness thereto.
Page 121 - Act annexed, or as near thereto as the Circumstances of the Case will admit...