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High Peak Mining Customs and Mineral Courts Act 1851

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. I.Short Title.

  3. II.Interpretation Clause.

  4. III.Steward.

  5. IV.Steward may appoint a Deputy.

  6. V.Duties of Steward.

  7. VI.Courts to be held.

  8. VII.Business at Barmote Courts.

  9. VIII.Seal of the Courts.

  10. IX.Barmasters.

  11. X.Barmaster not to be answerable for his Deputies.

  12. XI.Removal of Deputy Bar-masters.

  13. XII.Barmaster to take Oath.

  14. XIII.Duties of Head Barmaster.

  15. XIV.Duties of Deputy Barmasters.

  16. XV.Courts to be Courts of Record.

  17. XVI.Jurisdiction and Customs.

  18. XVII.Practice of Courts.

  19. XVIII.Examination of Parties.

  20. XIX.False Evidence Perjury.

  21. XX.Penalty for refusing to give Evidence.

  22. XXI.Penalty for insulting Steward or Disturbance.

  23. XXII.Grand Jury.

  24. XXIII.Duties of Grand Jury.

  25. XXIV.Small Barmote Courts.

  26. XXV.Service of Summons.

  27. XXVI.Proviso in case Plaintiff shall not proceed in the Action.

  28. XXVII.The Steward may grant new Trials, and set aside Judgments...

  29. XXVIII.Costs.

  30. XXIX.Appeal.

  31. XXX.Pleadings not to be repeated.

  32. XXXI.Service of Subpoenas on Witnesses good in any Part of England.

  33. XXXII.Execution may be issued against Mineral Property, and the same sold by the Barmaster.

  34. XXXIII.Warrants and Executions to be returned to Steward's Office.

  35. XXXIV.Jurors at Small Barmote Courts.

  36. XXXV.Ballot and Challenge of Jurors.

  37. XXXVI.Provision in case of more than One Cause.

  38. XXXVII.Penalty on Jurors for Nonattendance.

  39. XXXVIII.Penalty on Grand Jurors for Non-attendance.

  40. XXXIX.Exemption from serving on Jury.

  41. XL.Subpoenas.

  42. XLI.Execution may be superseded.

  43. XLII.Barmaster not to be liable.

  44. XLIII.Steward not to be liable.

  45. XLIV.Register of Summonses.

  46. XLV.Documents in Custody of Steward to be open to Inspection.

  47. XLVI.Interpleader Clause.

  48. XLVII.Penalties.

  49. XLVIII.Forms of Proceedings.

  50. XLIX.Fees.

  51. L.Application of Penalties.

  52. LI.Limitation.

  53. LII.Removal of Proceedings.

  54. LIII.Costs.

  55. LIV.Proceedings pending.

  56. LV.Parties may proceed in any other Court than Small Barmote Court.

  57. LVI.Power to make new Rules.

  58. LVII.Saving Rights of the Crown.

    1. FIRST SCHEDULE

      referred to;

      1. Duchy of Lancaster. (High Peak Mining Customs and Mineral Courts.)

    2. SECOND SCHEDULE

      CONTAINING

      1. Form of Plaint

      2. Summons in Title

      3. Summons in Trespass or Debt

      4. Form of Particulars in an Action of Debt to be annexed to the Summons or written at the Foot thereof

      5. Judgment against Defendant for Payment of Debt or Damages

      6. Judgment against Plaintiff

      7. Judgment in case of Nonsuit

      8. Judgment for Recovery of Possession

      9. Execution against the Goods of Defendant

      10. Execution against the Goods of Plaintiff

      11. Warrant for Recovery of Possession

      12. Summons to Grand Jurors to attend the Great Barmote Court

      13. Summons to Jurors to attend Small Barmote Court

      14. Bill of Directions on a View

      15. Return of Grand Jury to a Bill or Cross Bill of Directions

      16. Memorandum to be added after the Signatures of the Majority, where One or more of the Grand Jury do not concur in the Return

      17. Form of Notice in pursuance of the Twenty-fifth Article of the Customs

      18. Form for imposing any Penalty which may be imposed under the Act

      19. Warrant to levy any Penalty or Sum of Money that may be imposed or ordered to be paid under the Act

      20. Barmasters Return of Execution of any Warrant

      21. Return that Barmaster has been unable to execute any Warrant

      22. Subpoena

        Order to adjourn Proceedings either in the Great or Small Barmote Court or before the Steward

      23. Order to stay Proceedings

      24. Order for a new Trial

      25. Summons on Interpleader

    3. THIRD SCHEDULE

      BEING LIST OF FEES TO BE ALLOWED ON TAXATION UNDER THIS ACT

      1. To the Steward

      2. To Attornies

      3. To the Barmaster of the High Peak

      4. Deputy Barmasters

      5. To Grand Jury

    4. FOURTH SCHEDULE

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