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the judgment, dated &c., and copies of the contract of marriage dated &c., and of the will of B., and two codicils thereto referred to in such case, and respectively identified by the initials of the Master, and by the signature of the solrs to the parties, be remitted to the Court of Session in Scotland; And the said Court (acting by either of its divisions), is hereby desired to pronounce its opinion on such questions upon the law administered by the said Court as applicable to the facts set forth in the said case.-Heron-Maxwell v. Stopford-Blair, 13 Nov. 1871, B. 2884.

For similar order on petition, and the further hearing to stand over till after the return, with liberty to apply, see Cooper v. Benn, V.-C. Hall, 19 Nov. 1875, A. 1998; Dykes v. Jamieson, M. R., 10 Nov. 1875, A. 1680.

4. Order remitting Case back for Error.

THIS action coming on for further consideration &c., and upon hearing the judgment &c., and the opinion of the High Court of &c., in &c., upon the case and questions of (Hindoo) law submitted to the said Court pursuant to the said order dated &c., read; And it being suggested that an error has by accident crept into the answer contained in such opinion to the 8th of such questions, and that the words "her heirs" have, by a clerical error, been substituted for "his heirs"; Let the hearing of this action on further consideration stand over; And Let the said case and opinion be remitted back to the said Court of &c., in &c.; And the said Court is hereby requested to pronounce a further opinion on the 8th of such questions upon the law administered by the said Court as applicable to the facts contained in the said case.-Login v. Princess of Coorg, M. R., 29 April, 1864, B. 1086.

5. Order on Case sent from Scotland-22 & 23 V. c. 63, s. 1. UPON the petition of A. B., C. D. &c., and upon hearing counsel for the Petr and for the respondents, and upon reading the said petition, the case approved by the Lord Ordinary in an action of multiple poinding and exoneration, in the first division of the Court of Sessions at the instance of A. B., pursuer and real raiser, and E. F., defender, and an interlocutor dated &c. in the same action, remitting the same to the Chancery Division of the High Court of Justice in order that an opinion of the Court might be obtained upon the questions of law stated in the case. Declare &c.-Re Sprot, Chitty, J., 30 March, 1887, B. 505.

NOTES.

By the British Law Ascertainment Act (22 & 23 V. c. 63) s. 1, in any action within H. M.'s dominions, the Court may have a case prepared setting forth the facts, and settle the questions of law, and make an order remitting the same to a superior Court in any other part of H. M.'s dominions for its opinion; and any party may by petition obtain the opinion of such Court; by sect. 2, copies of such opinion are to be certified by its officer; by sect. 3,

any party may lodge such copy with the Court sending the case, and give notice of motion to act upon it; and such Court may act on it, as on a case reserved or special verdict, or, if before trial, submit it, as there mentioned, to a jury; by sect. 4, if such action is appealed to H. M. in Council, or the House of Lords, such opinion may be reviewed, if a judgment of the Court may be; sect. 5 defines "action" and "superior Courts.'

Under this Act the Court has declined to decide on a case sent from Scotland on a point on which the Scotch law was the same: Brodie v. Johnson, 30 Beav. 129.

The Foreign Law Ascertainment Act, 1861 (24 & 25 V. c. 11), is a similar Act, for better ascertaining the law of any foreign State or country with whom H. M.'s Government may have made a convention for that purpose, when pleaded in Courts within H. M.'s dominions.

The Court takes judicial cognizance of the boundaries of foreign States: Foster v. Globe Venture Syndicate, (1900) 1 Ch. 811, sup. p. 155.

For formal parts of case and opinion, see D. C. F. 982, 983.

CHAPTER XXXVI.

APPEALS.

1. Order on Appeal.

UPON motion by way of appeal of &c., this day [or, if standing for judgment, on the day of] made unto this Court by counsel for &c., from the judgment [or order of Mr. Justice F.], dated &c. [or if from part only that the judgment [or order], dated &c., or that so much of the judgment &c., as directs &c., might be varied by &c.]; And upon hearing counsel for the respondent and for &c., And upon reading the said judgment [or order], This Court [if standing for judgment did order that the said appeal should stand for judgment; And the same standing this day in the paper for judgment in the presence of counsel on both sides, This Court] doth order

If the judgment &c. is affirmed, i.e., appeal dismissed that the said judgment [or order], dated &c., be affirmed.

If the judgment &c. is discharged, i.e., appeal allowed that the said judgment [or order], dated &c., be discharged; And it is ordered &c. [add consequent directions, if any].

If the judgment &c. is materially varied in form—that the said judgment [or order], dated &c., be varied, and, as varied, be as follows, that is to say &c.

If the judgment &c. is partially varied that the said judgment [or order], dated &c., be varied so far as the same directs &c.; And it is ordered that instead thereof &c. [or be varied by omitting the (declaration) that &c.]; And it is ordered that &c. [add any consequent directions]; And it is ordered that with this variation the said judgment [or order], dated &c., be affirmed.

If accounts or inquiries are varied that the said judgment [or order] be varied; And instead of the accounts and inquiries thereby directed [or specify any account or inquiry to be omitted], it is ordered that the following accounts and inquiries be taken and made, that is to say &c.

If accounts or inquiries are added that the said judgment [or order], dated &c., be varied; And it is ordered that, in addition to the directions therein contained, the following further accounts and inquiries be taken and made, that is to say &c. And the further consideration &c. is adjourned.

Costs. And it is ordered that (the Deft) B. do pay to (the Plt) A.

his costs [if so, of this action and] occasioned by this appeal [if so, including his costs of the said order], such costs to be taxed by the taxing master.

If deposit made by way of security.-And it is ordered that the sum, of £ in Court to the credit &c., "Security for costs of the (Plt's) appeal," be paid to (the Plt) A. [or to (the Deft) B.] on account of his costs of this appeal, as directed in the Payment Schedule hereto; And it is ordered that the costs of (the Deft) B. of this appeal be taxed &c., and that (the Plt) A. do pay to (the Deft) B. the balance of his said costs after deducting the sum of £-mentioned in the schedule hereto. (Insert in Payment Schedule.)

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2. Appeal dismissed, Appellant not appearing.

THE appeal of (the Plt) from the judgment [or order], dated &c., standing this day in the paper to be heard before this Court in presence of counsel for (the Deft), And no one appearing for (the Plt) in support of the said appeal, And upon hearing counsel for the said Deft, This Court doth order that the said appeal do stand dismissed out of this Court with costs, to be taxed by the taxing master, and that (the Plt) A. do pay to (the Deft) B. the amount of his costs when taxed.

3. Appeal from an Order made in the Chancery of the County

Palatine of Lancaster.

UPON motion by way of appeal this day made unto this Court by counsel for &c. from the order dated &c., made in the Chancery of the County Palatine of Lancaster (Manchester District), And upon hearing &c., This Court doth order &c. [Form 1, p. 848].-Re Manchester Corp. Waterworks Act, C. A., 16 Feb. 1878, A. 321.

The costs of the hearing in the County Palatine Court are taxed by the district registrar of that Court; but the costs of an appeal are taxed by the taxing master of the Supreme Court: see Kevan v. Crawford, Form 5, inf.; and the practice on such an appeal is in all respects regulated by O. LVIII: Lee v. Nuttall, 12 Ch. D. 61, C. A.

4. Order on Cross-Appeal-O. LVIII, 6-Costs in County Palatine of Lancaster.

UPON motion by way of appeal this day made unto this Court by counsel for H. that the judgment dated &c., made on the hearing of this cause by the Vice-Chancellor of the County Palatine of Lancaster might be varied by &c., And upon hearing &c., And the Defts C. and E., his wife, having given notice to the said Plt and to the Defts F. and H., pursuant to the 6th rule of O. LVIII of the Rules of the Supreme Court, of their intention to contend that the said judgment should be varied by &c., This Court doth order that the said judgment, except such part &c. (directions for taxation by the District Registrar of the costs of C. and E.

VOL. I.

3 I

of the original hearing as between solr and client), be discharged, and that the Plt's action do stand dismissed out of this Court as against all the Defts, and as respects the Defts C. and E., his wife, and the Defts F. . and H., with costs; And it is ordered that the Appellant, the Plt K., do pay to the Deft E. the amount of his costs when taxed, together with their further costs occasioned by this appeal and by the said Deft having given the said notice pursuant to the said 6th rule of O. LVIII, such last-mentioned costs to be taxed by the taxing master. -Plt K. to pay to Defts F. and H. their costs of the hearing and of the appeal.-Kevan v. Crawford, C. A., 22 June, 1877, A. 1625; 6 Ch. D. 29, C. A.

For an order on appeal, with direction to tax the Plt (appellant) his costs of suit and of the appeal, including therein the costs of transcribing the shorthand writer's notes, and of printing such notes and the evidence for the purposes of the appeal, the Deft to pay such costs when taxed, see Bigsby v. Dickinson, C. A., 20 Nov. 1876, A. 2033; 4 Ch. D. 24, C. A.

Where costs of shorthand notes are given by the Court of Appeal, the order should extend to "costs of the appeal and of shorthand notes of the evidence and judgment": Singer, &c. Co. v. Loog, 31 W. R. 392; 52 L. J. Ch. 288; 49 L. T. 484.

5. Order extending Time for appealing.

UPON motion this day made &c., by counsel for (the Plt); And upon hearing &c., And upon reading the judgment [or order], dated &c., an affidavit &c., This Court doth, notwithstanding that the time limited by the 15th rule of O. LVIII of the Rules of the Supreme Court for giving notice of appeal from the said judgment [or order] has expired, order that (the Plt) be at liberty within days from this time to give such notice of appeal.-[Add directions as to costs, if any.]

For form of application, see D. C. F. 731.

For order where the time for appealing was extended at the hearing, formal notice of a motion for that purpose being waived, see Re Baillie's Trusts, C. A., 10 Feb. 1877, A. 599; 4 Ch. D. 785, C. A.

For order refusing a motion for special leave to appeal after the proper time, see Craig v. Phillips, C. A., 19 Dec. 1877, A. 2280; 7 Ch. D. 249, C. A.; Esdaile v. Payne, 40 Ch. D. 52, C. A.

For order dismissing an appeal not set down in due time, see Re Mansel, Rhodes v. Jenkins, C. A., 20 Feb. 1878, B. 379; 7 Ch. D. 711, C. A.

And for subsequent order refusing a motion to extend the time for bringing a fresh appeal, see S. C., C. A., 27 Feb. 1878, B. 399; 7 Ch. D. 712, C. A. For order dismissing an appeal which had been set down after the proper time by special leave, and without prejudice to any objection, see Re National Funds Assurance Co., C. A., 6 Dec. 1876, B. 1988; 4 Ch. D. 305, C. A.

And for order refusing a motion to advance the hearing of a fresh appeal, and to stay proceedings in the meantime, the second appeal having been set down by a similar order, and the objection of time being taken on the hearing of the motion, see S. C., C. A., 13 Dec. 1876, B. 1968; 4 Ch. D. 308, C. A.

6. Appeal-Leave to amend on Terms.

UPON motion &c. by counsel for the Plts, and upon hearing counsel for the Defts, Let the Plts be at liberty on or before &c., to introduce by amendment into their statement of claim the words "And the said

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