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 four days' notice. O. 58, r. 7, (E), am. O. LXVII, rr. 8-11. 851 notice of Copies of no- appeal for use judgment or order of Court. 8. The party appealing from a shall file with the Rogistrar six tice of appeal for the use of the the first day of the sittings of the Court at which the appeal is to be heard; provided always, that the Court may for good cause shown enlarge the time for the filing of such notice. On the filing of such notices the Registrar shall set down setting 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. A notice of appeal on an appeal from a decision or order of a Judge at Chambers or from an interlocutory Chambers order need not be printed. appeal. Notice Not fro appeal from order at need not be printed. 852 refusal of ex tion. 9. Where an ex parte application has been refused by the Appeal from Court or Judge below, an application for a similar purpose parte applicamay be made to the Court of Appeal ex parte within eight days from the date of such refusal, or within such enlarged time as a Judge of the Court below or of the Court of Appeal may allow. O. 58, r. 10, (E), am. 853 appeal. 10. When any question of fact is involved in an appeal, Evidence on the evidence taken in the Court below bearing on such question shall, subject to any special order, be brought before the Court of Appeal as follows: (a) As to any evidence taken by affidavit, by the pro- (b) As to any evidence given orally, by the production 854 on appeal. 11. At the time of serving the notice of appeal, or within Printed case five days thereafter, or within such further time as the Court of Appeal or a Judge thereof may allow, the appellant shall LXVIL, rr. 12-14. 855 Documents, etc., in possession of opposite party. 856 When case on appeal not to be printed. 857 Printing of special case. serve the respondent with a three clear days' notice of application to such Court or Judge to settle and order which part, if any, of the evidence, pleadings, judgment and other proceedings shall be printed for the use of the Court of Appeal. If the same or part thereof as settled by the Court or Judge is ordered to be printed it shall form the case on appeal. The Court on the hearing may refer or allow either party to refer to any part of the evidence, pleadings, exhibits and proceedings not included in the printed case. The case on appeal shall be printed by the appellant, and he shall file eight copies thereof with the Registrar, for the use of the Judges and the officers of the Court, before the first day of the sittings of the Court at which the appeal is to be heard, and seven clear days before said day he shall deliver three copies of the printed case to the opposite party or to his solicitor or agent. 12. The party whose duty it is to have the case printed shall be furnished by the opposite party with copies of all exhibits and documents in the possession or control of the latter, which are ordered to be printed. 13. Where the motion is for a new trial or to set aside a verdict, finding or judgment, where the trial has been in the Trial Division of the Court, no part of the case shall be printed on appeal unless by order of the Court of Appeal or a Judge thereof, on the application of either the appellant or respondent made within five clear days after service of the notice of motion on the opposite party on a three clear days' notice. If no order is made for the printing of the case, the appellant shall file with the Registrar before the first day of the sittings of the Court at which the motion is to be heard, four copies of the pleadings or other documents showing the nature of the case; four copies of the judgment of the Judge or Court below, and four copies of the Judge's notes at the trial, where the evidence and proceedings have not been reported by an official stenographer. On the request in writing of the appellant to the Judge he shall file his notes or a certified copy thereof with the Registrar not later than five days thereafter. 14. Special cases referred to the Court of Appeal shall be printed at the joint expense of both parties, and the cost thereof shall be part of the costs in the cause or matter where costs are ordered. 0. LXVI, rr. 18-18. 858 Divorce and appeals. 15. On an appeal from the Court of Divorce and Matrimonial Causes or from any Probate Court, the Court of Appeal or any Judge thereof may order the whole or any part Probate of the pleadings, evidence, judgment or other proceedings to be printed, and six printed copies thereof to be filed with the Registrar on or before the hearing of the appeal for the use of the Court of Appeal. R. 3, S. C. T. T. 1868, am. 859 printed case 16. Evidence and documents ordered to be printed shall Form of be printed in demi-quarto form, on paper of good quality, and on appeal. on the left-hand pages only of the book, with small pica, leaded, and the size of each page shall be eleven inches in length by eight and one-half inches in width throughout. There shall be an index at the beginning of the book, arranged in the same order in which the contents of the book are printed, and the correspondence and other exhibits shall be printed in the order of their respective dates. The index shall refer to: (a.) Each pleading, rule or order, and give its date; each; (c.) Each exhibit, or other document, with its description, 860 to be set down. 17. Every appeal unless an appeal from a decision or order When appeals at Chambers or an interlocutory order, and every motion for a new trial or to set aside a verdict, finding or judgment, shall be set down to be heard for, at the latest, the first day of the first sittings of the Court of Appeal which commences after the expiration of eight weeks from the judgment or order complained of, unless otherwise ordered by the Court of Appeal or a Judge thereof. An appeal from a decision or [See O. 61, r. 16, order at Chambers or from an interlocutory order shall be set down within twenty days after such decision or order or if the Court shall not be sitting within such twenty days, then on the first day on which the Court may be sitting after the expiration of such twenty days. ante]. 861 has Interlocutory order not to appeal. 18. No interlocutory order or rule from which there been no appeal shall operate so as to bar or prejudice the prejudice Court of Appeal from giving such decision upon the appeal as may be just. O. 58, r. 14, (E). O. LXVII, rr. 19-24. 862 Stay of proceedings on appeal. 19. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court or Judge appealed from, or the Court of [Cf. R. 827, (0)). Appeal may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court appealed from may direct. O. 58, r. 16, (E). 863 Applications to single Judge of Appeal. 864 Interest where execution delayed by appeal. 865 County Court appeals. 866 County Court proceedings to be certified Registrar. 20. Every application to a Judge of the Court of Appeal shall be by motion, and the provisions of Order LX. shall apply thereto. O. 58, r. 18, (E). 21. Interest for such time as execution has been delayed by the appeal shall be allowed at the rate of five per cent. unless the Court or a Judge otherwise orders, and such interest shall be added to the judgment without any order for that purpose. O. 58, r. 19, (E), um. 22. Appeals from the decisions of Judges of County Courts which at the commencement of these rules lay to the Supreme Court shall hereafter be to the Court of Appeal. 23. No appeal from the decision of a Judge of a County and filed with Court shall be entered on the docket unless the proceedings duly certified by the Judge have been received in the office of the Registrar seven days before the first day of the sittings of the Court at which it is intended to be entered. R. 1, S. C. M. T. 1885. 867 Statement of facts, etc., on appeal. 24. It shall be the duty of the appellant to prepare and County Court file with the Registrar for the use of the Court before the first day of the sittings of the Court at which the appeal is to be entered, six copies of a brief statement of the material facts in the case either plainly and legibly written or printed, together with the grounds of the appeal, numbering the same consecutively, and referring to the page or pages of the proceedings to which the several grounds respectively relate, and such statement shall be framed, as near as may be, as a notice of motion for a new trial under Order XXXVIII., and the appellant on the argument of the appeal shall be confined to the grounds so stated. On the appellant filing the copies of the said statement he shall enter the appeal on the docket of the Court for the sittings then next to be held. RR. 3 & 4, S. C. M. T. 1885, am. O. LXVII, 868 Failure of 25. In case the appellant shall neglect to enter the appeal rr. 25-29. according to the preceding rule, or having entered it shall not argue it when reached in its order on the docket or at a appellant in County Court time fixed by order of the Court for its hearing, the respondent appeal to enter may, on the case being called or upon a common motion day, move that the appeal be dismissed. R. 4, S. C. M. T. 1885, am. appeal. 869 proceedings to ment, etc., in appeal. 26. The Registrar shall, on the application of the Use of certified appellant or his solicitor, deliver to him the proceedings prepare statecertified by the Judge of the County Court (taking a receipt County Court therefor) to enable him to prepare the statement required by Rule 24, and the appellant or his solicitor shall return such proceedings to the said officer before the first day of the sittings of the Court at which said appeal is to be entered, R. 5, S. C. M. T. 1885. 870 appeal not to until Judge's 27. An appeal from a County Court or a Probate Court County Court shall not be entered on the docket of the Court of Appeal un- be entered til the return of the Judge of the Court appealed from shall return on file. be on file in the office of the Registrar. R. 4, S. C. H. T. 1881. 871 Court of County Court 28. On an appeal from a decision of a Judge of a County Powers of Court the Court of Appeal shall have power to draw all infer- Appeal on ences of fact which might have drawn by the Court below, appeal. and to give any judgment and make any order which ought to have been made. No appeal shall succeed on the ground merely of misdirection or improper reception or rejection of evidence, unless in the opinion of the Court, substantial wrong or miscarriage has been occasioned thereby in the Court below. 872 Court of 29. The Registrar shall for each sitting of the Court Docket of of Appeal prepare a paper or docket of all motions, causes or Appeal. matters for hearing or argument entered with him or of which notice has been given. ORDER LXVIII. CERTIORARI. O. LXVIII, r. l. 873 order in 1. It shall not be necessary on an application for a writ Rule nisi or of certiorari to take out a rule or order nisi, but the Court of certiorari Appeal or any Judge to whom such application is made may unnecessary. |