A.—sb.

Mining.

or a receiver, or for payment of money into Court, or for giving security for damages and costs, or otherwise as the Court thinks fit. As to Appeals. 334. (1.) Except where otherwise expressly provided, it is hereby 5 declared that, from any final order, judgment, or other decision of the Warden under sections thirty-four, forty-nine, fifty, and fifty-seven of Part 111., or under Parts IV., V., VI., VII., or VIII. of this Act, or of the Court or the Warden under Part IX. of this Act, an appeal at the instance of any party aggrieved shall lie to the appellate Court, being 10 the District Court having jurisdiction within the place where the Warden's final order, judgment, or other decision was given ; or, if there is no District Court sitting therein, or if by memorandum filed in the Warden's Court both parties to the appeal consent, then the Supreme Court sitting within the Supreme Court district wherein such decision was given : 15 Provided that there shall be no appeal in any case where, at or before the hearing, the parties by memorandum in writing lodged in the Court or the Warden's Office agree that the decision of the Court or the Warden shall be final. (2.) The right of appeal conferred by this section shall not be in any 20 way limited or affected merely by the fact that the decision forming the subject-matter of the appeal is one which by this Act is declared to be in the discretion of the Warden or the Court. (3.) The result of every appeal under this section shall be forthwith communicated to the Clerk of the Court from which the appeal 25 was made, or to the Commissioner whose decision is appealed against, by certificate under the hand of the Registrar or Clerk of the appellate Court and the seal of his Court. 335. Every such appeal may, as the appellant thinks fit, be on matter of fact alone, or of law alone, or of both fact and law : 30 Provided that there shall be no appeal on matter of fact from any summary conviction imposing a penalty, unless the amount of the penalty imposed, exclusive of costs, exceeds five pounds. 336. With respect to every appeal, the following provisions shall apply:— 35 (a.) Within ten days after the decision to be appealed from has been given, the appellant shall file in the Court and serve on the other party notice of intention to appeal, and also lodge with the Clerk or Registrar of the appellate Court, as deposit by way of security for the costs of appeal, the 40 sum of ten pounds if the appeal is on matter of law only, and twenty pounds if it is on matter of fact alone or of both fact and law. (6.) Such notice of appeal shall specify whether the appeal is on matter of fact alone, or of law alone, or of both fact and 45 law, and shall also state briefly the matters of law (if any) forming the grounds of appeal: Provided that on the hearing of the appeal the appellant i shall not be limited to the grounds of appeal stated in such notice. 50

When appeal may be made to District Court. 1898, No. 38, sec. 281 1904, No. 33, sec. 10

1900, No. 64, sec. 16

Result of] appeal to be communicated. 1901, No. 60, sec. 4

Appeal on fact or law. 1898, No. 38, sec. 282

Notice and grounds of appeal. Ibid, sec. 283

126