The Pamphlet Collection of Sir Robert Stout: Volume 44
Appeals from Land Boards
Appeals from Land Boards.
Rehearing provided.
31. If any person consider himself aggrieved by any
decision of the said Board, such person may appeal to the Supreme Court, provided that such person shall within thirty days after the giving of such decision give notice of such appeal to the Board, and also to such persons, if any, as shall have appeared before the Board as opponents of the case or claim or application of such person, and also give security to be approved of by the Registrar of the Court for the costs of the appeal; and after hearing the parties the Court shall give its decision, and cause the same to be certified in writing by the Registrar or Deputy Registrar of the Court to the Board, and the Board shall be bound to follow such decision, and shall reverse, alter, modify, or confirm their decision in accordance therewith, and the Court may make such order as to payment of costs to either party as to it shall seem meet. And for following such decision no action or suit or any other proceeding by any process of any Court shall lie against the said Board or any Commissioner.
Appeal to Judge of Supreme Court.
32. Such appeal shall be in the form of a case agreed on
by such Board and the appellant, and if they cannot agree upon the case to be stated then such appeal shall not be in the form of a case, but the Court shall hear such appeal, and may receive evidence either orally or by affidavit, and it shall be lawful for the Court, if to the Court it shall see fit, instead of deciding any matter of fact in dispute upon affidavits or personal examination by it of witnesses, to order any such question of fact to be found and determined by a jury, and to settle an issue or issues for that purpose.
Appeal to be on case stated.
33. The Board may, either at the instance of a party or
of their own motion, in any case of doubt upon a question of law, submit a case thereon in writing to a Judge or Judges of the Supreme Court, who, after bearing the parties or their counsel, or without, as to such Judge or Judges shall see fit, shall certify his or their opinion thereon in writing to the Board, and the Board shall be guided by such opinion. And for following such opinion no action or suit or any other proceeding by any process of any Court shall lie against the said Board or any Commissioner.
Questions of law may be submitted to Judge.
34. The Judges of the Supremo Court, or any two or
more of them, may, from time to time, make general rules
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for regulating the practice and proceedings on such appeals, and on the hearing and deciding questions stated under the last foregoing section of this Act, which rules shall he as valid as if included in this Act.
Judges may frame regulations for appeals.
No appeal connected with title of the Crown.