rule nisi, order to show cause, or formal proceeding other than such notice of motion, shall be made or taken. The notice shall state the grounds of the application, and whether all or part only of the verdict or findings is complained of, and authorities relied on. Six copies of the notice shall be filed with the proper officer for the use of the Court of Appeal on or before the first day of the sittings of the Court at which the motion is to be heard; provided always that the Court may for good cause shown enlarge the time for the filing of such notice. O. 39, r. 3, (E), am.; C. S. 1903, c. 111, s. 372, am. . 0. XXXVIII, rr. 3-6. 443 service of motion. 3. The notice of motion shall be served within twenty Time for days after the trial or judgment, but the Court or a Judge notice of may, either before or after the expiration of that period, enlarge the time for giving such notice. Vacation time shall not be reckoned in the computation of the time for serving the notice. 444 of notice of 4. The notice may be amended at any time by leave of Amendment the Court or a Judge on such terms as the Court or Judge motion. may think just. O. 39, r. 5, (E). 445 Ground for new 5. A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of granting a evidence, or because the verdict of the jury was not taken [R. 785, (O)]. upon a question which the Judge at the trial was not asked to leave to them, unless in the opinion of the Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appear to the Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties, the Court may give final judgment as to part thereof, or some or one only of the parties, and direct a new trial as to the other part only or as to the other party or parties. O. 39, r. 6, (E); C. S. 1903, c. 111, s. 376. 446 New trial as [R. 786, (O)]. 6. A new trial may be ordered on any question whatever be the grounds for the new trial, without interfering with the to part. finding or decision upon any other question. O. 39, r. 7, (E); C. S. 1903, c. 111, s. 377. 0. XXXIX. rr. 1-6. 447 Judgment on 448 No judgment on true pleading only. 449 Entry of Wrong judgment. (Cf. R. 783 (1), (0)]. 450 Entry of wrong judgment. 451 Setting down motion for judgment have been directed and tried. ORDER XXXIX. MOTION FOR JUDGMENT. 1. Except where it is otherwise provided the judgment of. the Court shall be obtained by motion for judgment. O. 40, r. 1, (E), um. 2. A party shall not be entitled to judgment at the trial or on motion on the ground of his pleading being true, if the facts proved are not sufficient in point of law to entitle him to judgment. R. 610, (O). 3. Where, at or after a trial with a jury, the Judge has directed that any judgment be entered, any party may apply to the Court of Appeal to set aside such judgment and enter any other judgment, on the ground that the judgment directed to be entered is wrong by reason that the finding of the jury upon the questions submitted to them has not been properly entered. O. 40, r. 3, (E), am. 4. Where, at or after a trial by a Judge, either with or without a jury, the Judge has directed that any judgment be entered, any party may apply to the Court of Appeal to set aside such judgment and to enter any other judgment, upon the ground that upon the finding as entered the judgment so directed is wrong. O. 40, r. 4, (E), am. 5. Where issues have been ordered to be tried, or issues or where issues questions of fact to be determined in any manner, the plaintiff may set down a motion for judgment as soon as such issues [Cf. R. 613, (O)]. or questions have been determined. If he does not set down such a motion, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after the expiration of such ten days any defendant may set down a motion for judgment, and give notice thereof to the other parties. O. 40, r. 7, (E). 452 Where some only of issues directed have party may apply to set down action 6. Where issues have been ordered to be tried, or issues been tried, any or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or deon motion for termined, any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary, or renders it desirable that judgment. [R. 614, (0)]. the trial or determination thereof should be postponed, may apply to the Court or a Judge for leave to set down a motion for judgment, without waiting for such trial or determination. And the Court or Judge may, if satisfied of the expediency thereof, give such leave, upon such terms, if any, as shall appear just, and may give any directions which may appear desirable as to postponing the trial of the other issues of fact. O. 40, r. 8, (E). 7. No motion for judgment shall, except by leave of the Court or a Judge, be set down after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do. O. 40, r. 9, (E). 454 judgment or Court. (Cf. R. 615, (0)]. 8. Upon a motion for judgment, or upon an application on motion for for a new trial, the Court may draw all inferences of fact, not new trial final inconsistent with the finding of the jury, and if satisfied that be given by judgment may it has before it all the materials necessary for finally determining the questions in dispute, or any of them, or for awarding any relief sought, give judgment accordingly, or may, if it shall be of opinion that it has not sufficient materials before it to enable it to give judgment, direct the motion to stand over for further consideration, and direct such issues or questions to be tried or determined. and such accounts and inquiries to be taken and made, as it may think fit. O. 40, r. 10, (E). 455 cation turned for judgment, cause. 9. Where it is made to appear on the hearing of any ap- Pending appliplication that it will be conducive to the ends of justice to into motion permit it, the Court or a Judge may direct the application to or hearing of be turned into a motion for judgment, or a hearing of the cause or matter; and may make such order as to the time and manner of giving the evidence in the cause or matter, and with respect to the further prosecution thereof, as the circumstances of the case may require; and upon the hearing it shall be discretionary with the Court or Judge to either pronounce a judgment or make such order as may seem just. R. 617, (O). ORDER XL. SETTLEMENT OF AND ENTRY OF JUDGMENTS. O. XL, r. l. 456 1. On making any judgment or order which requires to Minutes of be settled the proper officer shall draw up and submit minutes (Cf. RR. 624, judgment. 626, 627, (O)]. 0. XL, rr. 2-6. 457 Mode of entry. 458 Date of judgment of the same to the solicitors on both sides, who may attend 2. Every judgment whether pronounced in Court or Chambers, or entered by default, and every order pronounced in Court shall be entered at full length by the proper officer in a book to be kept for the purpose. The forms in Appendix F. shall be used, with such variations as circumstances may require. O. 41, r. 1, (E), an; R. 635, (1), (O); C. S. 1903, c. 112, s. 127; c. 111, s. 176. 3. Where any judgment is pronounced by the Court or a pronounced in Judge in Court, the entry of the judgment shall be dated as of [R. 629, (O)]. 459 Date of judgment not the day on which such judgment is pronounced, unless the Court or Judge shall otherwise order, and the judgment shall take effect from that date; provided that by special leave of the Court or a Judge a judgment may be ante-dated or post-dated. O. 41, r. 3, (E). 4. In all cases not within the last preceding rule, the entry pronounced in of judgment shall be dated as of the day on which the requisite documents are left with the proper officer for the purpose of such entry, and the judgment shall take effect from that date. O. 41, r. 4, (E). 460 Time to be stated in order for doing any act ordered to be done. 5. Every judgment or order made in any cause or matter judgment or requiring any person to do an act thereby ordered shall stat the time, or the time after service of the judgment or order, within which the act is to be done, and upon the copy of the judgment or order which shall be served upon the person required to obey the same there shall be indorsed a memorandum in the words or to the effect following, viz: 461 Memorandum to be indorsed on copy served. 462 Liberty to apply need not be reserved. "If you, the within named A. B., neglect to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the same judgment (or order)." O. 41, r. 5, (E). 6. It shall not be necessary in any judgment or order to reserve liberty to apply, but any party may apply to the Court or Judge from time to time, as he may be advised. 0. XL, rr. 7-12. 463 judgment tion of 7. Where judgment may be entered upon the filing of any Entry of affidavit or production of any document, the officer shall upon producexamine the affidavit or document produced, and if the same affidavit or be regular and contain all that is by law required, he enter judgment accordingly. O. 41, r. 6, (E); R. 631, (O). shall document. 464 Entry on 8. Where judgment may be entered pursuant to any order, etc. order or certificate, or return to any writ, the production of [R. 632, (O)). such order or certificate or return shall be a sufficient authority to the officer to enter judgment accordingly. O. 41, r. 7, (E), am. 465 to officer his filed. 9. Where reference is made to a referee or other officer to On reference ascertain the amount for which final judgment is to be entered, report to be the referee's or other officer's report shall be filed with the proper officer when judgment is entered. O. 41, r. 8, (E), am. 466 Judgment by consent where 10. In any cause or matter where the defendant has арpeared by solicitor, no order for entering judgment shall be defendant made by consent unless the consent of the defendant is given by his solicitor or agent. O. 41, r. 9, (E). appears by solicitor. 467 consent of person. 11. Where the defendant has not appeared, or has ap- Judgment by peared in person, no such order shall be made unless the defendant in defendant attends before a Judge and gives his consent in person, or unless his written consent is attested by a solicitor acting on his behalf, except in cases where the defendant is a barrister or solicitor. O. 41, r. 10, (E). 468 of judgment, 12. In order to acknowledge satisfaction of a judgment, it Satisfaction shall be requisite only to produce a satisfaction piece according entry of. to Form No. 18, Appendix F., and such satisfaction piece shall be signed by the party acknowledging the same or his personal representative, and his signature shall be witnessed by some practising solicitor expressly named by him, and attending at his request to inform him of the nature and effect of such satisfaction piece before the same is signed; the solicitor shall declare himself in the attestation thereto to be the solicitor for the person so signing the same, and state that he is witness as such solicitor (provided that the Court or a Judge may make an order dispensing with such signature under spe |