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High Peak Mining Customs and Mineral Courts Act 1851

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This is the original version (as it was originally enacted).

SECOND SCHEDULECONTAINING

FORMS OF PROCEEDINGS In the High Peak Small Barmote Court

Form of Plaint

Plaintiff's Name.Plaintiff's Place of Abode and Calling.Defendant's Name,Defendant's Place of Abode and Calling.Nature of Action.
John SmithCastletonRichard DavisHucklowAction of Title, Trespass, or Debt, as the Case may be.

In the High Peak Small Barmote Court.

Summons in Title

To CD. (the Defendant). You are hereby summoned to appear at a Small Barmote Court to be held at _________________ on the _______________ Day of ___________. at the Suit of A.B., Plaintiff in an Action of Title in the High Peak Small Barmote Court, respecting, &c. [describe the Mine claimed]. Given under the Seal of the Court, this Day of By the Court,

Summons in Trespass or Debt

To CD., the Defendant. You are hereby summoned to appear at a Small Barmote Court to be held at__________________ on the_________________ Day of ________________ in an Action of Trespass in the Small Barmote Court, at the Suit of A.B., for £__________________ Damages for a Trespass committed by you at____________________ [if in Debt, say, " in an Action of Debt in the High Peak Small Barmote Court for the Sum of £__________ (the. Sum. claimed) for Goods sold and delivered," " Wages" or, as the Case may be, the Particulars whereof are hereto annexed]. Given under the Seal of the Court, this_______________ Day of ________ By the Court,

E. T., Steward.

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

In the High Peak Small Barmote Court.

Judgment against Defendant for Payment of Debt or Damages

In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby, the___________ Day of ____________. Between A.B., Plaintiff, and

Judgment against Plaintiff

In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby, the_____________ Day of_______________ Between A. B., Plaintiff, and

Judgment in case of Nonsuit

In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby, the_____________ Day of ____________ Between A.B., Plaintiff, and

Judgment for Recovery of Possession

In the High Peak Small Barmote Court, held at within the Hundred of High Peak in the County of Derby. Between A.B., Plaintiff, and

Execution against the Goods of Defendant

In the High Peak Small Barmote Court. Between A.B., Plaintiff, and

Execution against the Goods of Plaintiff

In the High Peak Small Barmote Court. Between A.B., Plaintiff, and

C.D., Defendant. Whereas at a Small Barmote Court duly holden at within the Jurisdiction of the said Court the said Defendant on the___________________ Day of__________________ by the Judgment of the said Court, recovered against the said Plaintiff £____________ for his Costs of Defence of an Action of Title, Trespass, or Debt: And whereas Three Days have elapsed since the Day on which such Judgment was given : And whereas the said Sum of £______________ has not been paid to the said Defendant: You are therefore required to make and levy the said Sum of £____________________ , together with the lawful Fees and Expenses allowed by the High Peak Mining Customs and Mineral Courts Act, 1851, by Distress and Sale of the Mineral Property of the said Plaintiff wheresoever it may be found within the Jurisdiction of this Court. . Given under the Seal of the Court, this_____________ Day of __________ To the Barmaster of the High Peak. By the Court,

Warrant for Recovery of Possession

In the High Peak Small Barmote Court. Between A.B., Plaintiff, and

Summons to Grand Jurors to attend the Great Barmote Court

or on a View. You are hereby required to attend the High Peak Great Barmote Court to be held at ________________ within the Hundred of High Peak in the County of Derby, or to attend the Barmaster on a View, to be held at _______________ on the ____________ Day of __________ Dated this ________________ Day of ___________ 185_ .

Summons to Jurors to attend Small Barmote Court

You are hereby required to attend the High Peak Small Barmote Court at _________________________ at _________________ o'Clock in the Forenoon, to serve as a Juror on the Trial of Causes at the said Court; and if you fail herein you will be liable to a Penalty not exceeding £10, to be levied on your Mineral Property. Dated this ______________ Day of ______________ 185_ .

Bill of Directions on a View

To the Grand Jury for the High Peak Barmote Courts, met at____________________ within the Hundred of High Peak in the County of Derby, on the________________ Day of___________ 185_ . You are desired by CD. [Party calling the Jury] to view, &c. [describing the Mine, or particular Parts of the Mine, or the Works, or other Matters or Things, which the Jury are required to view], and then give your Opinion whether, &c, clearly stating the Question upon which the Opinions of the Grand Jury are required. If the Grand Jury are required to dial the Mine, add

and you are requested to dial the said Mine, commencing, &c. [describing the Limits within which such Dialling is to be made], and to layout your Dialling on the Surface, and to deliver your Dial Card, with your Opinion, to the Steward.

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

We the Grand Jury [where all agree in Opinion, or, We [or I] the undersigned Members [or Member] of the Grand Jury, where there is Difference of Opinion] for the High Peak Barmote Courts, assembled this_________________ Day of________________ to view, &c, having had a Bill [or Cross Bill] of Directions given to us, do declare, That we have proceeded to view, &c, as directed by the said Bill [or Cross Bill], and do declare our [or my] Opinion to be that, eye, giving their [or his] Opinion clearly on the Question proposed]. As witness our [or my] Hands [or Hand]. Signatures.

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

We [or I] the undersigned do not concur in the above Return, and are [or am] of opinion that, &c, stating their [or his] Opinion clearly on the Question proposed. As witness our [or my] Hands [or Hand]. Signatures.

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

You are hereby required to attend at_______________ on the______________ Day of___________________ before the Steward of the High Peak Barmote Courts, to show cause why a Penalty should not be imposed upon you for obstructing the Grand Jury on the________________ Day of ________________ Given under the Seal of the Court, this_______________ Day of ________________ 185_.

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

I, _________________________ Steward of the High Peak Barmote Courts, do

hereby, by virtue of the High Peak Mining Customs and Mineral Courts Act, 1851, impose on CD._____________ the Sum of £ __________ as a Penalty for an Offence by him committed against the said Act, and I order him to pay the said Sum to_______________________ on or before the______________ Day of_____________ in the Year of our Lord 185_ . Given under the Seal of the Court, this______________ Day of 185_ .

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

Whereas on the ________________ Day of _________________ a certain Sum of £___________________ was ordered to be paid by A.B. to CD. by the Steward of the High Peak Barmote Courts, or a certain Penalty of £______________ was imposed upon A.B. by the Steward of the High Peak Barmote Courts, for an Offence against the High Peak Mining Customs and Mineral Courts Act, 1851, and such Sum of £__________ or Penalty was ordered to be paid to ________________ on or before the Day of _______________ and the same has not been paid. You are therefore required to levy on the Mineral Property of the said A.B. within the Jurisdiction of the said Barmote Court the said Sum of £___________________ or Penalty of £_______________ together with the lawful Fees and Expenses allowed by the " High Peak Mining Customs and Mineral Courts Act, 1851." Given under the Seal of the Court, this _____________ Day of __________ in the Year 185_. To the Barmaster of the High Peak.

Barmasters Return of Execution of any Warrant

I A.B., Barmaster of the High Peak, in obedience to the within-written Warrant, and by Authority of the same, did on the __________ Day of______________________ 185_ execute the same [by delivering to the Plaintiff within named Possession of, &c.], or [by levying the Sum of £___________within mentioned, together with £______________ the Fees and Expenses allowed for the Execution thereof, by Sale of, &c.], and the said Sum of £_____________________________ has been applied by me in discharging the Fees and Expenses of the said Levy, and the said Sum of £__________________________ has been paid by me to As Witness my Hand, this_____________ Day of_________________ 185_.

Return that Barmaster has been unable to execute any Warrant

I A.B., Barmaster of the High Peak, do make this Return to the Steward of the High Peak Barmote Court within mentioned, and declare, that I have not yet been able to execute the within Warrant, by reason that the within-named Defendant hath no Mineral Property within the Jurisdiction of this Court, or, if Part only has been levied, that I have levied the Sum of £____________________ and no more, by Sale of the Mineral Property of the within-named Plaintiff, or Defendant, and he hath no Mineral Property within the Jurisdiction whereof I can levy any Part of the Residue. As witness my Hand, this_____________ Day of_________________ 185_ .

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

It is ordered, That the Proceeding in this Matter [whatever it be, stating it] be adjourned until_________________ [add, if necessary, and that________________ do pay to______________ Costs, or other the Terms, if any, upon which the Adjournment is made]. Given under the Seal of the Court, this_______________ Day of______________ in the Year 185_ , By the Court,

Order to stay Proceedings

In the High Peak Small Barmote Court. Between A.B., Plaintiff, and CD., Defendant. It is ordered, That all further Proceedings in this Action be stayed. Given under the Seal of the Court, this____________ Day of______ in the Year 185_ . By the Court,

Order for a new Trial

In the High Peak Small Barmote Court, held at_______________________ the____________________ Day of__________________ . Between A.B., Plaintiff,

and

Summons on Interpleader

In the High Peak Small Barmote Court. Between A.B., Plaintiff, and

CD., Defendant. Whereas E. F. of_______________________ hath made a Claim to certain Mineral Property which has been seized and taken in Execution under and. by virtue of Process issuing out of this Court in this Action: You are therefore hereby summoned and required to be and appear before the Steward of the said Court at___________________ on the______________________ Day of________________ at the Hour of_____________ , when the said Claim will be adjudicated upon, and such Order made thereupon as to the Steward shall seem fit. Given under the Seal of the Court, this______________ Day of_________ in the Year 185_ . By the Court,

A.B., Steward. Note,—This Summons is to be served upon the Party claiming the Property seized, and upon the Plaintiff or Defendant in the Action, according as the Execution may have been issued on behalf of Plaintiff or Defendant. If the Execution has been issued to levy a Penalty, this Form must be altered to suit the Circumstances, and the Summons must in that Case be served upon the Party owing the Penalty and the Claimant.

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