Long vacation.

Enlarging and

abridging times.

Motion to fix early day for trial.

doing or taking the same, be held to be duly done or taken if done or
taken on the day on which the offices shall next be open.

4. No pleadings shall be amended or delivered in the long vacation,
unless directed by a Court or a judge.

5. The time of the long vacation shall not be reckoned in the computation of the times appointed or allowed by these rules for filing, amending, or delivering any pleading, unless otherwise directed by a Court or a judge.

6. A Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.

6a. The time of delivering or amending any pleading may be enlarged by consent in writing, without application to the Court or a judge.

7. In Admiralty actions the Court or a judge shall have power at any stage of the proceedings in such action, upon a motion or summons by either party, calling upon the other party to show cause why the trial of such action should not take place on an early day to be appointed by the Court or a judge, to appoint that such trial shall take place on any day or within any time which to the Court or judge shall seem fit; and for such purpose the Court or judge shall have power, upon such motion or summons, to dispense with the giving of notice of trial, or to abridge the time or times appointed by these rules for giving such notice, for the delivery of pleadings, or for doing any other act or taking any other proceeding in the action, upon such terms (if any) as the nature of the case may require.

1

make

Appeals.

ORDER LVIII.

APPEALS.

2. All appeals to the Court of Appeal shall be by way of rehearing, and shall be brought by notice of motion in a summary way, and no petition, case, or other formal proceeding other than such notice of motion shall be necessary. The appellant may by the notice of motion appeal from the whole or any part of any judgment or order, and the notice of motion shall state whether the

whole or part only of such judgment or order is complained of, and in the latter case shall specify such part.

3. The notice of appeal shall be served upon all parties directly Notice of affected by the appeal, and it shall not be necessary to serve parties appeal.

not so affected; but the Court of Appeal may direct notice of the appeal to be served on all or any parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may seem just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties. Any notice of appeal may be amended at any time as to the Court of Appeal may seem fit.

4. Notice of appeal from any judgment, whether final or interlocutory, shall be a fourteen days' notice, and notice of appeal from any interlocutory order shall be a four days' notice.

further

5. The Court of Appeal shall have all the powers and duties as to Amendamendment and otherwise of the Court of First Instance, together ment and with full discretionary power to receive further evidence upon evidence. questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon appeals from a judgment after trial or hearing of any cause or matter upon the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Court. The Court of Appeal shall have power to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require. The powers aforesaid may be exercised by the said Court, notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Court of Appeal shall have power to make such order as to the whole or any part of the costs of the appeal as may seem just.

of further evidence.

The Court of Appeal will rarely allow the admission Admission of further evidence unless very strong reasons can be shown in favour of the application. Where no application for an adjournment of the hearing below was made

Motion by way of

cross

appeal.

As to costs below.

Time of notice.

Entry of appeal.

for the purpose of obtaining the new evidence if pro-
curable, or if the Court below in effect had the facts to be
proved by the new evidence before it, then the further
evidence will not be admitted (The Scindia, L. R. 1 P. C.
241; 4 Moo. P. C. N. S. 84. Compare with this case
Bigsby v. Dickinson, L. R. 4 Ch. D. 24; 46 L. J. Ch. 280,
where the Court acted upon this principle). As to costs,
see ante, O. lv., r. 1. No appeal lies from a refusal by the
judge of the Admiralty Division to allow an appeal from a
County Court to the High Court under 31 & 32 Vict. c. 71,
s. 27 (The Amstel, L. R. 2 P. D. 186; 47 L. J. Ad. 11).

6. It shall not, under any circumstances, be necessary for a re-
spondent to give notice of motion by way of cross appeal; but, if
a respondent intends, upon the hearing of the appeal, to contend
that the decision of the Court below should be varied, he shall, within
the time specified in the next rule, or such time as may be prescribed
by special order, give notice of such intention to any parties who
may be affected by such contention. The omission to give such notice
shall not diminish the powers conferred by the Act upon the Court of
Appeal, but may, in the discretion of the Court, be ground for an
adjournment of the appeal, or for a special order as to costs.

This applies to an application to vary the order of the Court below as to costs, when the respondent is otherwise satisfied with the decree (Harris v. Aaron, L. R. 4 Ch. D. 749; 25 W. R. 353).

7. Subject to any special order which may be made, notice by a respondent under the last preceding rule shall in the case of any appeal from a final judgment be an eight days' notice, and in the case of an appeal from an interlocutory order a two days' notice.

8. The party appealing from a judgment or order shall produce to the proper officer of the Court of Appeal the judgment or order or an office copy thereof, and shall leave with him a copy of the notice of appeal to be filed; and such officer shall thereupon set down the appeal by entering the same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Court of Appeal or a judge thereof shall otherwise direct, but so as not to come into the paper for hearing before the day named in the notice of appeal.

f

The proper officer in this case is the registrar of the Admiralty Division, who is the registrar in Admiralty appeals of the Appeal Court (J. A., 1875, s. 8, and O. lx.).

tion.

10. Where an ex parte application has been refused by the Court Ex parte
below, an application for a similar purpose may be made to the Court applica-
of Appeal ex parte within four days from the date of such refusal,
or within such enlarged time as a judge of the Court below or of the
Appeal Court may allow.

11. When any question of fact is involved in an appeal, the evidence Evidence
taken in the Court below bearing on such question shall, subject to from Court
any special order, be brought before the Court of Appeal as follows:
(a). As to any evidence taken by affidavit, by the production of

printed copies of such of the affidavits as have been printed,
and office copies of such of them as have not been printed.
(b). As to any evidence given orally, by the production of a copy of
the judge's notes, or such other materials as the Court may
deem expedient.

The rule as to office copies has been relaxed, when the
affidavits were very voluminous, to save expense (Sickles
v. Morris, 45 L. J. C. P. 148; 24 W. R. 102; and see Craw-
ford v. Hornsey Steam Company, 34 L. T. N. S. 923; 24
W. R. 422).
The official shorthand writer's notes are
usually directed to be printed for the use of the Court of
Appeal without an order from a judge.

below.

12. Where evidence has not been printed in the Court below, the Printing
Court below or a judge thereof, or the Court of Appeal or a judge evidence.
thereof, may order the whole or any part thereof to be printed for the
purpose of the appeal. Any party printing evidence for the purpose
of an appeal without such order shall bear the costs thereof, unless
the Court of Appeal or a judge thereof shall otherwise order.

Where a party has had notes taken of the evidence, and
both parties used them on appeal without leave, since they
were absolutely necessary, the costs of the printing were
allowed (Bigsby v. Dickinson, L. R. 4 Ch. D. 24; 46 L. J.

Ch. 280).

13. If, upon the hearing of an appeal, a question arises as to the ruling or direction of the judge to a jury or assessors, the Court shall

Interlocutory orders.

Time for

nave regard to verified notes or other evidence, and to such other materials as the Court may deem expedient.

14. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Court of Appeal from giving decision upon the appeal as may seem just.

15. No appeal from any interlocutory order shall, except by special appealing. leave of the Court of Appeal, be brought after the expiration of twenty-one days, and no other appeal shall, except by such leave, be brought after the expiration of one year. The said respective periods shall be calculated from the time at which the judgment or order is signed, entered, or otherwise perfected, or, in the case of the refusal of an application, from the date of such refusal. Such deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under special circumstances by the Court of Appeal.

Security for costs.

Stay of proceedings.

Stay.

Applications.

The notice of appeal must be served within twenty-one days, whether the offices be open or shut (Ex parte Saffery, L. R. 5 Ch. D. 365; 36 L. T. N. S. 532).

As to circumstances under which security for costs will be allowed, see ante, O. lv. The motion on which the application is made should be set down on a day fixed for interlocutory motions (Grills v. Dillon, L. R. 2 Ch. D. 325; 24 W. R. 431).

16. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court appealed from, or any judge thereof, or the Court of Appeal, may so order; and no intermediate act or proceeding shall be invalidated, except so far as the Court appealed from may direct.

In one case execution was stayed and the money ordered to be paid into Court and invested in Exchequer Bonds (The Cybele, 37 L. T. N. S. 165; 3 Mar. L. C. N. S. 478, 481). S. 50 of J. A. 1873, does not apply to a case where a summons has been heard in the first instance by the judge (The Vivar, L. R. 2 P. D. 29; 35 L. T. N. S. 782). A stay of fourteen days is always granted on application.

17. Wherever under these rules an application may be made either to the Court below or to the Court of Appeal, or to a judge of the Court below or of the Court of Appeal, it shall be made in the first instance to the Court or judge below.