Stannaries Act 1855

XXXVIII Provision for the eventual Establishment of a separate Court in Devonshire.

Whenever it shall hereafter appear that a sufficient Fund shall be provided in the Stannaries of Devon for the Establishment of a permanent separate Court and a separate Office and Officers in and for a Vice-Warden's Court in the County of Devon, it shall be lawful for Her Majesty, by Order in Council, issued at the Instance of the said Council of His Royal Highness, or the Special Commissioners, as aforesaid, to direct that such Court and Office shall be erected and established on the Model of the Vice-Warden's Court as now constituted in Cornwall, and to declare that all Provisions of the present Act, and of the several Acts for the Establishment of the said Court in Cornwall, so far as they shall be applicable to such new Court in the County of Devon, shall be deemed and taken to be in force in the last-mentioned County, and to assign Salaries to the several Officers of the said Court, not exceeding the Salaries appointed before or at the passing of this Act for the like Officers in the County of Cornwall, and to declare what Proportion of the Salary now payable to the Vice-Warden of the Stannaries shall thenceforth be contributed out of the Revenue arising in the County of Devon if the same Vice-Warden shall be appointed for both Courts, and to make such other Regulations as shall be necessary or expedient for effectually establishing and providing for such separate Court and Office; and thereupon, on the Promulgation of the said Order in Council, the said separate Court and Office shall be and become permanently established in the County of Devon, as fully and effectually as if the same had been established and confirmed by Act of Parliament ; and all Provisions made by this Act, or by the Council of His Royal Highness, or the said Special Commissioners, under the Authority of this Act, for the Extension of the Jurisdiction of the present Court into the County of Devon, shall cease, save only that the Process of the Court in each County in Causes arising in that County shall be executory and executed in and throughout both Counties.