§
Moved by the LORD CHANCELLOR—
To resolve, That the following Standing Orders do regulate all Appeals presented to the House on and after the 1st day of November 1876:
§ "Standing ORDER I.
§ "Ordered, that, except where otherwise provided by Statute, no petition of appeal be received by this House unless the same be lodged in the Parliament Office for presentation to the House within one year from the date of the last decree, order, judgment, or interlocutor appealed from.
§ "In cases in which the person entitled to appeal be within the age of one and twenty years, or covert, non compos mentis, imprisoned, or out of Great Britain and Ireland, such person may be at liberty to present his appeal to the House, provided that the same be lodged in the Parliament Office within one year next after full age, disc overture, coming of sound mind, enlargement out of prison, or coming into Great Britain or Ireland: But in no case shall any person or persons be allowed a longer time, on account of mere absence, to present an appeal, than five years from the date of the last decree, order, judgment, or interlocutor appealed against.—[* Applicable to all Decrees, &c. pronounced on and after the 1st day of November 1876.]
§ "Standing ORDER II.
§ "Ordered, that all petitions of appeal be signed, and the reasonableness thereof certified, by two counsel who shall have attended as counsel in the court below, or shall purpose attending as counsel at the hearing in this House.
§ "Standing ORDER III.
§ "Ordered, that the 'order of service' issued upon the presentation of an appeal for service on the respondent or his solicitor, be returned to the Parliament Office, together with an affidavit of due service entered thereon, within the time limited for the appellant to lodge his printed cases, unless within that period all the Respondents shall have lodged their printed cases; in default, the appeal to stand dismissed.
§ "Standing Order IV.
§ "Ordered, in all appeals that the Appellant or Appellants do give security to the Clerk of the Parliaments by recognizance to be entered into, 1195 in person or by substitute, to the Queen of the penalty of five hundred pounds, conditioned to pay to the Respondent or Respondents all such costs as may he ordered to he paid by the House in the matter of the appeal; and further, that the Appellant or Appellants do procure two sufficient sureties, to the satisfaction of the Clerk of the Parliaments, to enter into a joint and several bond to the amount of two hundred pounds, or do pay in to the account of the Fee Fund of the House of Lords the sum of two hundred pounds; such bond, or such sum of two hundred pounds, to be subject to the Order of the House with regard to the costs of the appeal: Ordered, that within one week after the presentation of the appeal the Appellant or Appellants do pay in to the account of the Fee Fund of the House of Lords the said sum of two hundred pounds, or submit to the Clerk of the Parliaments the names of the sureties proposed to enter into the said bond; and, in the event of a substitute being proposed to enter into the said recognizance, the name of such substitute; two clear days previous notice of the names so proposed for bond and recognizance to be given to the Solicitor or Agent of the Respondent: Ordered, that the said bond and the recognizance (whether entered into by the Appellants or by a substitute) be returned to the Parliament Office duly executed within one week from the date of the issue thereof to the Solicitor or Agent of the Appellant or Appellants. On default by the Appellant or Appellants in complying with the above conditions, the appeal to stand dismissed.
§ "Standing Order V.
§ "1. Ordered, that in English appeals the printed cases and the appendix thereto be lodged in the Parliament Office within six weeks from the date of the presentation of the appeal to the House; in Scotch and Irish appeals, within eight weeks; and the appeal set down for hearing on the first sitting day after the expiration of those respective periods (or as soon before, at the option of either party, as all the printed cases and the appendix shall have been lodged); on default by the Appellant the appeal to stand dismissed.
§ "2. Ordered, that in all Appeals from Scotland the Appellant alone, in his printed case or in the appendix thereto, shall lay before this House a printed copy of the record as authenticated by the Lord Ordinary; together with a supplement containing an account, without argument or statement of other facts, of the further stops which have been taken in the cause since the record was completed, and containing also copies of the interlocutors or parts of interlocutors complained of; and each party shall in their cases lay before the House a copy of the case presented by them respectively to the Court of Session, if any such case was presented there, with a short summary of any additional reasons upon which he means to insist; and if there shall have been no case presented to the Court of Session, then each party shall set forth in his case the reasons upon which he founds his argument, as shortly and succinctly as possible.
§ "3. Ordered, that all printed cases be signed by one or more counsel, who shall have attended as counsel in the court below, or shall purpose 1196 attending as counsel at the hearing in this House.
§ "Standing ORDER VI.
§ Ordered, that all cross appeals be presented to the House within the period allowed by Standing Order No. V. for lodging cases in the original appeal.
§ "Standing Order VII.
§ "Ordered, with regard to appeals in which the periods severally dating from the presentation of the appeal under Standing Orders Nos. III., IV., V., and VI. expire during the recess of the House, that such periods be extended to the third sitting day of the next ensuing meeting of the House.
§ "Standing Order VIII.
§ "Ordered, that where any party or parties to an appeal shall die pending the same, subsequently to the printed cases having been lodged, and the appeal shall be revived against his or her representative or representatives as the person or persons standing in the place of the person or persons so dying as aforesaid, a supplemental case shall be lodged by the party or parties so reviving the same respectively, stating the Order or Orders respectively made by the House in such case.
§ "The like rule shall be observed by the Appellant and Respondent respectively, where any person or persons, party or parties in the court below, have been omitted to be made a party or parties in the appeal before this House, and shall, by leave of the House, upon petition or otherwise, be added as a party or parties to the said Appeal after the printed cases in such appeal shall have been lodged.
§ "Standing Order IX.
§ "Ordered, that when any petition of appeal shall be presented to this House from any interlocutory judgment of either division of the Lords of Session in Scotland, the counsel who shall sign the said petition, or two of the counsel for the party or parties in the court below, shall sign a certificate or declaration, stating either that leave was given by that division of the Judges pronouncing such interlocutory judgment to the Appellant or Appellants to present such petition of appeal, or that there was a difference of opinion amongst the judges of the said division pronouncing such interlocutory judgment.
§ "Standing Order X.
§ "Ordered, that in all cases in which this House shall make any order for payment of costs by any party or parties in any cause without specifying the amount, the Clerk of the Parliaments or Clerk Assistant shall, upon the application of either party, appoint such person as he shall think fit to tax such costs, and the person so appointed may tax and ascertain the amount thereof, and shall report the same to the Clerk of the Parliaments or Clerk Assistant: And it is further Ordered, that the same fees shall be demanded from and paid by the party applying for such, taxation for and in respect thereof as are now or shall be fixed by any resolution of this House concerning such fees; and the said person so appointed to tax 1197 such costs may, if he thinks fit, either add of deduct the whole or a part of such fees at the foot of his report: And the Clerk of the Parliaments or Clerk Assistant may give a certificate of such costs, expressing the amount so reported to him as aforesaid; and the amount in money certified by him in such certificate shall be the sum to be demanded and paid under or by virtue of such order as aforesaid for payment of costs."
§ Motion agreed to.
§ Ordered, That the said Standing Orders be entered on the Roll of Standing Orders of this House.
§ Ordered, That the said Orders be printed and published, to the end all persons concerned may the better take notice of the same.
§ House adjourned at Six o'clock, till To-morrow, Two o'clock.