A.—sb.
Mining.
alone, withinythe time, hereinbefore.,respectively limited in that behalf,'"or such extended r time as the Judge of the appellate ' Court thinks fit to grant on application made by the appellant before the expiration of the time limited as aforesaid: 5 ' Provided that no such extension shall be granted unless the appellant satisfies the Judge that, after making all reasonable efforts so to do, he had failed to procure such certified copy or to get such case settled early enough to admit of its being set down within the time hereinbefore limited in that 10 behalf. 340. Whenever an appeal is abandoned, the same proceedings may be had and taken in respect of the decision appealed against as if no notice of appeal had been given. 341. Every appeal shall be heard at the sittings of the appellate 15 Court held nearest to the place where the decision appealed against was given, and not earlier than twenty days after the time when it was given : Provided that such Court may hear the appeal at such other place and (if the appeal is ripe for argument) such earlier time as it thinks 20 fit. 342. The Judge of the appellate Court in each district may appoint special days for the hearing of appeals to such Court, and the days so appointed shall be publicly notified in the district by the Clerk or Registrar. 25 343. Whenever any appeal is brought, or about to be brought, the Warden or the Judge of the appellate Court, on the application of the appellant, may make such order for an injunction, or receiver, or payment of money into the hands of the Clerk of the Warden's Court, to abide the event of the appeal, or for stay of proceedings or otherwise, 30 and upon such terms as such Warden or Judge thinks proper; but without such order, or an order to the same effect, no appeal shall operate as a stay of proceedings ; and the said Warden or Judge may at any time thereafter, if he thinks fit, discharge or vary such order. 344. With respect to the proceedings on the appeal, the following 35 provisions shall apply : — (a.) The appellate Court, after hearing the appeal, shall make such order reversing or varying the decision appealed against, or dismissing the appeal, as it thinks fit, and, except as provided in paragraph (e) of this section, every such order shall be final 4Q and conclusive. (fr.) Such order may contain directions for the payment of money, or the delivery or restitution or possession of any mining privilege, or of any land or water, or of any gold, metal, mineral, or other chattels or property, to the person found to 45 be entitled thereto. (c.) Such order may also contain such directions with respect to the costs of the appeal and of the original proceedings as the appellate Court thinks fit. (d.) Where it appears to the appellate Court that the subject- 50 matter of the appeal does not exceed twenty pounds in value, the appellant, although successful on the appeal, shall not be entitled to any costs of appeal from the opposite
Proceedings when appeal abandoned. 1898, No. 38, sec. 287
Court where appeal to be heard. Ibid, sec. 288
Special days for hearing. Ibid, sec. 289
Order for stay of proceedings on appeal. 1900, No. 64, sec. 17
Order of appellate Court, and costs. 1898, No. 38, sec. 290
128
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