said, "I do not know but that the Court of Law may do so on a proper case being made. I apprehend that everything is in the same state as if the trial had not taken place. As at present advised, it appears to me, that, if there be a case for it, the change of venue rests with the Court of Law. I have no objection to state, that if there be a case for changing the venue, on which, however, I give no opinion, I see no objection to the Court of Law changing the venue. I have no means of forming even a conjecture as to whether there is a case for a change of venue, but should a case be made for it, and the Court of Law finds a difficulty, you can apply to this court, I can, however, make no order on this petition."

New trial.] If either party is dissatisfied with the verdict, he may apply for a new trial. The application, however, is not, as in the case of an issue, made to this Court, but to the Court of Law which tried the

cause.

SECTION 3.

SPECIAL CASE.

If a question of law requires to be decided before the Court can pronounce a decree or order, it is competent for it to send a case for the opinion of a Court of Law.

How prepared, &c.] The order directs the nature of the case, and to what Court it is to be sent. It is drawn up in the usual way, after which the case is prepared by the party taking the order, and settled by the junior equity counsel, and a copy of it is then sent to the opposite party for his approval.

If the parties cannot agree upon the case, the order generally provides that it shall be settled by the Master. For this purpose, a copy of the title and ordering part

of the decree or order is left with him, together with a copy of the case. Warrants "on leaving" and "to proceed" are then taken out and served on the opposite party, and the case is settled by the Master, upon his being attended by the parties for that purpose; after which his certificate is obtained and must be filed in the Report Office.

As soon as the case has been settled, a fair copy is made, which must be signed by one of the counsel at law; after which, it is sent to the solicitor for the opposite party for the signature of his counsel. The case is then set down for argument, and a copy left for each of the judges before whom it is to be heard.

The judges do not deliver their judgment at the time of the hearing, but give their opinion in the form of a certificate, which is afterwards filed, together with the case, at the Report Office, and copies are then taken by the parties.

Further directions on.] The judgment having been delivered, and the certificate thereof filed, the cause is afterwards set down for hearing on further directions, as previously directed, and at the same time a copy of the decree, and of the case and judge's certificate should be left with the secretary of the judge before whom the cause is to be heard.

CHAPTER VI.

REHEARINGS AND APPEALS.

SECTION 1.

REHEARING AND APPEAL IN GENERAL.

Ir either party is dissatisfied with a decree or decretal order, he may either apply to have the cause reheard before the Judge pronouncing the same, or if heard by the Master of the Rolls, or either of the Vice-Chan cellors, then by appeal to the Lord Chancellor.

As an appeal from the Master of the Rolls or ViceChancellors is regarded as a rehearing, and is governed by the same rules, it may be convenient to consider them together.

When granted.] The application either for a rehearing or appeal cannot be made until after the decree has been passed and entered; but it may be made at any time before the decree is enrolled, after which the decree can only be varied either by bill of review, or by appeal to the House of Lords. The party desirous of making the application should therefore enter a caveat with the Secretary of Decrees, in order to prevent the decree being enrolled (see ante, p. 133).

Generally speaking, only one rehearing will be allowed, but after a rehearing before the Master of the Rolls or Vice-Chancellor, an appeal will lie to the Lord Chancellor (Brown v. Higgs, 8 Ves. 561).

Petition for.] The petition is usually drawn by the junior counsel in the cause, for which purpose he is furnished with a brief of the pleadings and a copy of the decree. The petition must be signed by two counsel, who also certify that it is a proper case for rehearing or appeal. The petition is afterwards engrossed on plain paper in the usual way, and is then left with the

Secretary of the Judge before whom it is to be heard, and upon the order being granted, it is drawn up and entered in the usual way, and copies thereof must be served upon all parties interested in the decree. A copy of the decree, and also another copy of the petition on brief paper, should be left for the Judge's perusal, with his Secretary, a sufficient time before the hearing.

By the 50th order, 26 Aug. 1841, it is ordered, "that in any petition of rehearing of any decree or order made by any Judge of the Court, it shall not be necessary to state the proceedings anterior to the decree or order appealed from, or sought to be reheard."

The petitioner is not bound to serve the opposite parties with copies of the petition, but upon their being served with the order, they should bespeak copies of the petition from the Registrar.

Deposit for costs.] The deposit upon every petition of appeal or rehearing, is increased to £20, to be paid to the adverse party when the decree or order appealed from is not varied in any material point, together with the further taxed costs occasioned by the appeal or rehearing, unless the Court shall otherwise order (42nd order, 1828). The deposit is paid to the Registrar of the Court in which the cause is to be heard.

How heard, &c.] Each party furnishes counsel with a brief of the petition and decree, together with the original brief in the cause, and such observations as may be thought necessary, and the cause is set down with the Registrar, and heard in the usual way. The parties should be provided with an affidavit of service of the order, in case the opposite party neglects to attend upon the cause being called on.

Evidence on.] The Court will not allow the parties to examine de novo, nor receive new evidence taken after the decree; but evidence previously taken, but not used at the first hearing, may be read on the rehearing or appeal (Addison v. Hindmarsh, 1 Vern. 442).

The Court may either confirm the decree, vary it, or reverse it altogether, and will thereupon direct in what manner the deposit is to be disposed of, and which may be afterwards obtained by the party entitled thereto upon producing the order to the Registrar.

SECTION 2.

APPEAL TO THE LORDS.

In what cases.] If a party is dissatisfied with a decree or order of the Lord Chancellor, an appeal lies to the House of Lords only. If dissatisfied with a decree or order of the Master of the Rolls, or of the Vice-Chancellors, he may either appeal to the Lord Chancellor, or he may appeal direct to the Lords; in which latter case, however, the decree requires to be first formally recognized by the Lord Chancellor, for which purpose it must be signed by him and enrolled (Cunyngham v. Cunyngham, 1 Amb. 9).

An appeal to the Lords lies, not only from a final decree, but also from any interlocutory order (Palmer, 1); and is not confined to the parties to the original cause, but extends to any person who is a party to the order (Winchelsea v. Garrety, 1 M. & K. 253).

When to be brought.] By the 55th standing order of the House of Lords, 13th July, 1678, it is ordered, that all persons who shall be desirous to exhibit any petition of appeal from any Court of Equity, do present their petitions within fourteen days after the first day of every session or meeting of Parliament, after a recess; after which time the Lords will, during every such sitting, receive no petition of appeal, unless upon a decree made whilst the Parliament is actually sitting; in which case the party may bring his petition of appeal, provided he present it within fourteen days after such decree is made and entered in any Court of Equity in England or Wales, twenty days in any of the Courts in