831 Costs of justification. 832 When bail deemed per exception. he is not bail for any defendant except in this action; that this $ , , (as the case may be); and this deponent, C. D., for himself saith (as before). 20. If the notice of bail shall be accompanied by such an affidavit of justification, and the plaintiff afterwards except to such bail, he shall, if such bail are allowed, pay the costs of justification; and, if such bail are rejected, the defendant shall pay the costs of opposition, unless the Court or a Judge shall otherwise order. R. 7, S. C. H. T. 1832. 21. In cases of exception, when bail have duly justified fected where and been allowed, and an order therefor made by a Judge, and a copy of such order has been served on the plaintiff's solicitor, the bail shall be deemed perfected; and the solicitor who puts in the bail shall forthwith obtain the bail-piece from the Judge with whom it lies, and file the same with the proper officer. R. 8, S. C. H T. 1832, am. 833 When bail deemed per no exception. 22. If the plaintiff does not except against the bail, within fected where fifteen days after service of notice of bail, the bail shall, in like manner, be deemed perfected; and the solicitor who puts in the bail shall forthwith, after the expiration of the said fifteen days, obtain the bail-piece from the Judge, and file the same with the proper officer. R. 9, S. C. H. T. 1832. 834 Exoneretur. 835 Neglect to file bail-piece. 23. In cases of render of bail the proper officer, upon production of a certificate of the sheriff, to whose custody the defendant has been committed, that such defendant is in his custody, together with an affidavit of the service of notice of render upon the plaintiff's solicitor, shall indorse upon the bail-piece an exoneretur, in the words following: "The bail within named are exonorated", and shall set down the day of the month and year of his so doing, and sign his name thereto; and such certificate and affidavit shall thereupon be filed with the bail-piece. R. 10, S. C. H. T. 1832. 24. Any solicitor who shall neglect to transmit or to file the bail-piece, as the case may be, according to the foregoing rules, shall be deemed to be in contempt of the Court for disobedience of its rules. R. 13, S. C. H. T. 1832. O. LXV, rr. 25-29. 836 in before com 25. It shall be deemed irregular to put in bail before a when bail commissioner in any parish or city in the Province in which may be put one or more of the Judges of the Court may reside, unless at missioner. times when such Judge or Judges may be absent from their place of residence; and no Judge shall receive any bail-piece, transmitted to him, in which the bail may have been entered contrary to this rule. R. 1, S. C. M. T. 1834. 837 after render. 26. In case of render after bail has been put in and Special bail before judgment, or within six months after judgment, a defendant in custody may put in special bail. In any action brought upon a bail bond, or against bail to the action, the Court or a Judge may grant relief upon terms as has heretofore been the practice. C. S. 1903, c. 111, s. 70. 838 omission in 27. If the plaintiff or his solicitor omit to insert in or in- Effect of dorse on any writ of capias or copy thereof, any of the matters writ or copy. required by this or any other Order to be inserted therein or indorsed thereon, such writ or copy shall not on that account be held void, but it may be set aside as irregular, or be amended, upon application made to the Court or a Judge, and such amendment may be made upon any application to set aside the writ upon such terms as to the Court or Judge seems fit. C. S. 1903, c. 111, s. 71, um. See O. 28, r. 1, ante, and O. 75, post. 839 where delay prosecuting 28. Where a defendant taken or detained in custody and Supersedeas imprisoned for want of bail for his appearance thereto, does by plaintiff in not appear and deliver a defence within the time allowed for action. that purpose, unless the plaintiff shall proceed to obtain judgment by default as soon as by the rules and practice of the Court he may do so, the prisoner shall be discharged out of custody by writ of supersedeas, unless good cause is shown to the contrary. 840 where delay 29. Where such defendant appears and delivers a defence, Supersedeas unless the plaintiff proceeds to the trial of the action or to by plaintiff obtain judgment as soon as by the rules and the practice of ant appears. where defend 0. LXV, r. 30. 841 Filing of affidavit to hold to bail. the Court he may do so, the prisoner shall be discharged out of custody by writ of supersedeas, unless good cause is shown to the contrary. See R. 7, S. C. H. T. 1839. 30. Affidavits to hold to bail shall be filed in the office of the proper officer within five days after the arrest of the defendant. R. 2, S. C. H. T. 1810, am. O. LXVI, rr. 1, 2. ORDER LXVI. MISNOMER, ETC. 842 One Christian ent designation of party. 1. It shall not be necessary in any process, pleading, name suffici affidavit or other proceeding whatsoever, to designate any of the parties or other person whose name may be introduced into any such proceeding, by any other than one Christian or first name, being a name commonly used by such person himself, or by which he may generally have been known or called, and initial letters, or usual contractions or abbreviations for any other Christian or first name may be inserted where such person may have more than one; and no process, pleading, affidavit or other proceeding shall be vacated, annulled, set aside or otherwise affected or treated as nugatory, defective or irregular, by reason of the insertion of initial letters, or other usual contractions or abbreviations of Christian or first names, where one Christian or first name commonly used by the person, or by which he may be generally called or known, is set out at length; provided always, that nothing herein contained shall extend to the insertion of names in the recital or setting forth of any paper where it is necessary or it is purported to recite or set out such deed or paper in haec verba; provided, also, that in all actions upon bills of exchange or Use of initials promissory notes, or other written instruments, any of the parties to which are designated by the initial letter or letters, or some contraction of the Christian or first name or names, it shall be sufficient in every affidavit to hold to bail, and in the process and statement of claim to designate such persons by the same initial letter or letters, or contraction of the Christian or first name or names, instead of stating the Christian or first name or names in full. C. S. 1903, c. 111, Name in recited document. in actions on written instruments. 843 Use of customary name. 8. 226. 2. No objection shall be allowed to any process or proceeding for want of or mistake in any Christian name or initials thereof, if the party shall be described by the name by which he is usually called or known, or by which he is accustomed to call himself. C. S. 1903, c. 112, s. 29, am. ORDER LXVII. APPEALS. 0. LXVII, rr. 1-4. 844 by notice of a motion. [See O. 38, r. 2, 1. All appeals to the Court of Appeal shall except where Appeal to be otherwise provided be by notice of motion as in the case of motion for a new trial. The appellant may by the notice of antel. 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. 0.58, r. 1, (E), am. 845 notice of [Cf. R. 799, (O)]. 2. The notice of appeal shall be served upon all parties Service of directly affected by the appeal, and it shall not be necessary appeal. to serve parties 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 be 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 Amendment any time as the Court of Appeal may think fit. O. 58, r. 2, (E). of notice. 846 to be served. 3. Notice of appeal from any judgment whether final or When notice interlocutory or from a final order shall be served within twenty days after the date of the judgment or order, and notice of appeal from any interlocutory order or from a decision or order made at Chambers shall be served within four days from the date of such order or decision, but the Court or a Judge may enlarge and extend the time for giving such notice in any of said cases either before or after the expiration thereof. Vacation time shall not be reckoned in the computation of the time for serving the notice of appeal. 847 Court of amend, etc. 817, (O)]. 4. The Court of Appeal shall have all the powers and duties Powers of as to amendment and otherwise provided by these Rules, Appeal to together with full discretionary power to receive further (Cf. RR. 498, evidence upon questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition 9. LXVII, rr. 5-7. Power as to pronouncing judgment in case. 818 Power to order new trial. 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 draw inferences of fact and 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 favor 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 be just. O. 58, r. 4, (E), am. 5. If upon the hearing of an appeal, it shall appear to the [Cf. R. 786, (0)). Court of Appeal that a new trial ought to be had, it shall be lawful for the said Court of Appeal, if it shall think fit, to order that the verdict and judgment shall be set aside, and that a new trial shall be had. O. 58, r. 5, (E). 849 Cross appeal unnecessary. Proceedings in lieu of. 6. It shall not, under any circumstances, be necessary for a respondant to give notice of motion by way of cross ap[Cf. R. 813, (0)]. peal, 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 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. O. 58, r. 6, (E). 850 Length of notice by respondent. 7. Subject to any special order which may be made, notice by a respondent under the last preceding Rule shall in the |