18. Every application to a judge of the Court of Appeal shall be Motions. by motion, and the provisions of O. liii. shall apply thereto. 19a. Admiralty appeals from Inferior Courts until further order shall be assigned as heretofore to the present judge of the Admiralty Court. See ante, p. 133. by which is guided Appeals from the Admiralty Division are sometimes on Principles questions of law, more frequently on questions of fact. the Court When the former come before the Court of Appeal, they of Appeal are heard and decided as if they were argued for the first time. But, as regards the latter, certain well considered principles have been laid down. When the judge below must necessarily have been influenced in his decision by the demeanour and conduct of the witnesses, the Court of Appeal will rarely disturb his judgment; but, when he has decided on inferences from certain facts, they will not hesitate to overrule his decision (The Glannibanta, L. R. 1 P. D. 283; 34 L. T. N. S. 934). When the amount of salvage awarded by the Court below is under appeal, it will not be altered unless the difference between the sum allowed and that which in the opinion of the Court of Appeal should have been allotted is very considerable, or, in other words, so exorbitant, so manifestly excessive (or the reverse), that it would be unjust to confirm it. The following circumstances have been considered sufficient grounds for varying the amount,-that the judgment of the judge below has been influenced by something by which it should not have been so influenced,—that he has failed to consider some fact which should have been duly weighed, or that he has laid undue weight on a fact otherwise worthy of fair consideration (The Cuba, Lush. 14; 6 Jur. N. S. 152; The Amerique, L. R. 6 P. C. 468; 31 L. T. N. S. 854). House of Lords. By the Appellate Jurisdiction Act, 1875, a further appeal Appeal to lies to the House of Lords. When a stay of proceedings is desired pending such an appeal, application should be made to the Court of Appeal. It will usually be given on the terms that the petition of appeal be presented within a month, and on the solicitor giving an undertaking as to the costs of the appeal (The Khedive, L. R. 5 P. D. 1; 4 Asp. M. C. N. S. 182). Non-compliance. ORDER LIX. EFFECT OF NON-COMPLIANCE. 1. Non-compliance with any of these rules shall not render the proceedings in any action void unless the Court or a judge shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court or judge may think fit. 2. The Court or a judge may at any time, and on such terms as to costs or otherwise as to the Court or judge may seem just, amend any defect or error in any proceeding; and all such amendments may be made as may be necessary for the purpose of determining the real question or issue raised by or depending on the proceedings. Officers ORDER LX. OFFICERS. 1. All officers who at the time of the commencement of the said Act shall be attached to the Court of Admiralty shall be attached to the Probate, Divorce, and Admiralty Division of the said High Court. 2. Officers attached to any division shall follow the appeals from the same division. See J. A. 1875, s. 8. ORDER LXI. SITTINGS AND VACATIONS. (The same as in the other Division of the High Court). 3. The days of the commencement and termination of each sitting and vacation shall be included in such sitting and vacation respectively. 4. The several offices of the Supreme Court shall be open on every day of the year, except Sundays, Good Friday, Monday and Tuesday in Easter week, Whit Monday, Christmas Day, and the next following working day, and all days appointed by proclamation to be observed as days of general fast, humiliation, or thanksgiving. 4a. The offices of each district registrar of the High Court of Justice shall be open on every day and hour in the year on which the offices of the registrar of the County Court of the place in which the district registry is situate are required to be kept open. The hours during which the registry is open are from 10 a.m. to 4 p.m., and the marshal's office from 10 a.m. to 4 p.m., and on Saturdays the hours are 10 a.m. to 2 p.m. By Rule 53, April, 1880, these are the hours of the Supreme Court. 4b. The offices of the Supreme Court (including the judges' chambers) shall close on Saturdays at 2 o'clock. business, 5. Two of the judges of the High Court shall be selected at the Vacation commencement of each Long Vacation for the hearing in London and Middlesex during vacation of all such applications as may require to be immediately or promptly heard. Such two judges shall act as vacation judges for one year from their appointment. In the absence of arrangement between the judges, the two vacation judges shall be the two judges last appointed (whether as judges of the said High Court or of any Court whose jurisdiction is by the said Act transferred to the said High Court) who have not already served as vacation judges of any such Court, and if there shall not be two judges for the time being of the said High Court who shall not have so served, then the two vacation judges shall be the judge (if any) who has not so served and the senior judge or judges who has or have so T served once only, according to seniority of appointment, whether in the said High Court or such other Court as aforesaid. The Lord Chancellor shall not be liable to serve as a vacation judge. 6. The vacation judges may sit either separately or together as a divisional Court as occasion shall require, and may hear and dispose of all actions, matters, and other business, to whichever division the same may be assigned. No order made by a vacation judge shall be reversed or varied except by a divisional Court or the Court of Appeal, or a judge thereof, or the judge who made the order. Any other judge of the High Court may sit in vacation for any vacation judge. 7. The vacation judges of the High Court may dispose of all actions, matters, and other business of an urgent nature during any interval between the sittings of any division of the High Court to which such business may be assigned, although such interval may not be called or known as a vacation. These last three rules enable Admiralty business of a pressing nature to be heard during the vacations, but the matters must be of a really urgent nature to be heard by a vacation judge; if they are of such a character, it is now the practice to apply to him. As to non-delivery of pleadings, see O. lvii., r. 4. Interpretation of terms. ORDER LXIII. INTERPRETATION OF TERMS. The provisions of the 100th section of the Act shall apply to these rules. In the construction of these rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the meanings following: "Person" shall include a body corporate or politic: "Probate actions" shall include actions and other matters (a). Where any duty to be discharged under the Act or these rules is a duty which has heretofore been discharged by any officer, such officer shall continue to be the proper officer to discharge the same: (b). Where any new duty is under the Act or these rules to be discharged, the proper officer to discharge the same shall be such officer, having previously discharged analogous duties, as may from time to time be directed to discharge the same, in the case of an officer of the Supreme Court, or the High Court of Justice, or the Court of Appeal, not attached to any division, by the Lord Chancellor, and in the case of an officer attached to any division, by the president of the division, and in the case of an officer attached to any judge, by such judge. "The Act" and "the said Act" shall respectively mean the Supreme Court of Judicature Act, 1873, as amended by this Act. |