SECT. 13.-Rules of Court. The following table shows what written or printed rules of procedure are, so far as can be ascertained, in force in the Judicial Committee of the Privy Council, the provincial courts of Canterbury and York, and the diocesan courts in England and Wales respectively, with references to the publications (if any) in which such rules are to be found (a) : - TABLE OF PROCEDURE RULES in Ecclesiastical Causes and Appeals in force (November, 1893) in the Judicial Committee of the Privy Council, the Provincial Courts in England, the English and Welsh Consistory Courts, the Commissary Court of Canterbury, and the Consistory Court of Sodor and Man. 39 & 40 Vict. c. 59, 8. 14. Statutory Rules and Orders, 1891, p. 327 38 & 39 Vict. c. 77. (Cases under Public Worship Act) O. C. Feb. 22, 4 P. D. p. 250 3 & 4 Vict. c. 86, s. 13. 37 & 38 Vict. c. 85, s. 19. 62 L. J., Orders and Rules, p. 1; Statutory 55 & 56 Vict. c. 32, Rules and Orders, 1892, p. 258. Statutory Rules and Orders, 1893, p. 804 Ibid., p. 73. 8. 9. II. PROVINCIAL COURTS York. y Court of (Cases under Clergy Discipline Act, 1892, the Clorgy Statutory Rules and Orders, 1892 and .... Discipline Act Rules, 1893 and 1893) -- General Rules, June 26, 1877. General Rules, Nov. 30, 1878. Appearances in Faculty Suits and Advertisements in Petitions for Faculties. Alteration in Churches. None written. Bath and Wells Commissary Court of The Procedure Rules are the same as those in use in Canterbury. the Consistory Court of London, except Order XII. [See Tristram's Rep. (Suppl.), p. 298, note; Eccl. Courts' Report, p. 700.] None written. [Arches Court Rules followed.].... 1893. (a) "The Orders for Regulating Proceedings in all Diocesan Courts of the Church of Ireland" are published by the authority of the General Synod (ed. 1873, Hodges, Foster & Co., Dublin). (6) The Clergy Discipline Act Rules are in force in all these courts; and the Order as to Court Fees of July 22, 1889, referred to infra, p. 1002, is in use in all the diocesan courts in the province of Canterbury. The Procedure Rules in use in this Court are the same See Tristram's Reps. (Suppl.), pp. 289- Eccl. Courts' Report, p. 701; Durham Dio- See Ely Diocesan Calendar for 1893, Exeter Diocesan Calendar for 1893, pp. Eccl. Courts' Report, p. 704. See Tristram's Rep. (Suppl.), pp. 289 306. [The procedure followed is that of the Arches Court Eccl. Courts' Report, p. 704. and London Consistory Court.] Faculty Rules, 26 March, 1874 Ibid. The Procedure Rules in use in this Court were, at Ibid., p. 705. the date of the Ecclesiastical Courts' Report, the same as those in use in the Consistory Court of Chester. [Date of Order, Dec. 17, 1881.] Diocesan Calendar for 1893, p. 77. None written, except Procedure Rules, Faculty See Peterborough Diocesan Calendar for The Procedure Rules in use in this Court are the same Faculty Suits Procedure Rules, 12 Dec. 1891. 1893, p. 92; Eccl. Courts' Rep. p. 74. Tristram's Rep. (Suppl.), pp. 289-306. Rochester Diocesan Directory for 1893, P. 153. The Procedure Rules in use in this Court are the same Tristram's Rep. (Suppl.), pp. 289-306. Omnibus Faculty Procedure Rules, March 25, 1892. Worcester 15 April, 1697; 25 Oct. 1750; 1782; York See Eccl. Courts' Report, p. 714, and Eccl. Courts' Report, pp. 714-716. No written rules. The practice in use in Doctors See Directions as to Faculties, Eccl. (b) The Clergy Discipline Act Rules are in force in all these courts; and the Order as to Court Fees of July 22, 1889, referred to infra, p. 1002, is in force in all the diocesan courts in the province of Canterbury. By canon. By 10 Geo. 4, c. 53. By archbishop's order. By 1 & 2 Vict. c. 106. By 30 & 31 Returns. Under SECT. 14.-Court Fees. Fees in the ecclesiastical courts were generally regulated by canons 135 and 136 of 1603, which have been already set out (z). By 10 Geo. 4, c. 53, ss. 1-4, power was given to fix fees in the courts of the Archbishop of Canterbury and of the Bishop of London. The Archbishop of Canterbury has been recently advised that it is competent to him, under the power reserved to him by canon 135, to issue a new scale of fees for the diocesan courts within his province; and he has accordingly published an order approving of a scale of fees "to be taken by the chancellors, official principals, commissaries, and registrars of the diocesan courts in the province of Canterbury, in the matters therein specified, until further order by us or our successors." This order, dated the 22nd of July, 1889, was registered in the principal registry of the province on the 26th July in that year, and is also to be seen in every diocesan registry. Under 1 & 2 Vict. c. 106, certain fees are provided for; by s. 82, on the licensing of curates; and under s. 131, by Order in Council, on presentations, institutions, and inductions to benefices. These will be found in their proper places (a). Under 30 & 31 Vict. c. 135, power was given to make fees, to be confirmed by Order in Council, upon ordinations (b), consecrations of churches and churchyards and faculties (c), and visitations (d). These will be found in their proper places. As already stated (e), annual returns of these fees have to be made to the Secretary of State. The rules under the Public Worship Regulation Act, 1874, P. W. R. Act and the Clergy Discipline Act, 1892, which have been referred to in the preceding section of this chapter, contain scales of court fees for proceedings under those Acts respectively. and C. D. Act, 1892. (z) Vide supra, p. 953, note (h). a) Vide supra, pp. 357, 431, infra, Part IV. Chap. VII. (b) Vide supra, p. 107. (c) Vide infra, Part VI. Chap. II. (d) Vide infra, Part IV. Chap. XI. sect. 2. (e) Vide supra, pp. 944, 945. |