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S. C.P., p. 493.

Federal Service and Execution of Process Act, s. 25.-When a certificate of judgment obtained in a Court of Record of any State is produced to the proper officer in another State, that officer is bound to register the certificate, and has no power to inquire into the validity of the judgment. If the original judgment is a nullity, the defendant's remedy is to apply for a stay of proceedings under s. 25: Ex parte Penglase, (1903), 20 W.N. 226; see Mackenzie v. Manwell, 20 W.N. 18.

Substituted service.

The Court has inherent power to give directions as to the mode of service of an order made by it: Ex parte Murray, (1906), 23 W.N. 124; see In re a Solicitor, 24 W.N. 167.

Remitting action.

Rule nisi for a prohibition enlarged; and substituted service allowed when the informer's whereabouts was unknown: Ex parte Elizabeth Brown, (1903), 20 W.N. 245.

Commercial Causes Act.

An application to enter an action for goods sold and delivered on the commercial cause list was refused, on the ground that the case did not come within the 3rd section of the Act: Stafford v. Gordon Bros., (1904), 21 W.N. 229.

Order of Court-Mistake-Case restored to list.

An order having been made by the Court, no counsel appearing for the respondent, it was afterwards discovered that on the interpretation of the section of a statute, which was not cited to the Court, the Court had no jurisdiction to make the order; on the application of the respondent the matter was restored to the list for further argument: In re Vandervord, (1909), 26 W.N. 20.

S.C.P.:-Rolin and Innes' Supreme Court Practice.

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Jurisdiction and Procedure: General Rules as to Appeals.



The 21st day of December 1908.






WHEREAS there was this day read at the Board a representation from the Judicial Committee of the Privy Council in the words following, viz. :

"The Lords of the Judicial Committee having taken into consideration the Practice and Procedure in accordance with which the general Appellate Jurisdiction of Your Majesty in Council is now exercised and being of opinion that the Rules regulating the said Practice and Procedure ought to be consolidated and amended Their Lordships do hereby agree humbly to recommend to Your Majesty that with a view to such consolidation and amendment certain Orders of Her late Majesty Queen Victoria in Council regulating the said Practice and Procedure, viz. the Orders in Council dated respectively the 11th day of August 1842 the 13th day of June 1853 the 31st day of March 1855 the 24th day of March 1871 and the 26th day of June 1873 and also the Order of Your Majesty in Council dated the 20th day of March 1905 amending the said Practice and Procedure ought to be revoked and that the several Rules hereunto annexed ought to be substituted therefor.”

HIS MAJESTY having taken the said representation into consideration was pleased by and with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the said Orders in Council in the said representation mentioned be and the same are hereby revoked and that the Rules hereunto annexed be substituted therefor.


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Special Leave to appeal.

3. Form of Petition for special leave to appeal

4. Three copies of Petition to be lodged together with Affidavit in support 5. Time for lodging Petition

6. Security for costs and transmission of Record

7. General provisions

8. Petitions for special leave to appeal in forma pauperis

9. Exemption of pauper Appellant from lodging security and paying Office fees

10. Exemption of unsuccessful Petitioner for leave to appeal in forma pauperis from payment of Office fees


11. Record to be transmitted without delay

12. Printing of Record

13. Number of copies to be transmitted, where Record printed abroad

14. One certified copy to be transmitted, where Record to be printed in England

15. Record printed partly abroad, partly in England

16. Reasons for judgments to be transmitted

17. Exclusion of unnecessary documents from Record

18. Documents objected to to be indicated

19. Registration and numbering of Records

20. Inspection of Record by parties

21. Times within which a copy of a written Record shall be bespoken

22. Notice of appearance by Appellant

23. Preparation of copy of Record for Printer

24. Lodging copy of Record for printing

25. Special Case

26. Examination of proof of Record and striking off copies

27. Number of copies of Record for parties

28. How costs of printing Record are to be borne

Petition of Appeal.

29. Times within which Petition shall be lodged 30. Form of Petition

31. Service of Petition

Withdrawal of Appeal.

32. Withdrawal of Appeal before Petition of Appeal has been lodged 33. Withdrawal of Appeal after Petition of Appeal has been lodged

Non-prosecution of Appeal.

34. Dismissal of Appeal where Appellant takes no step in prosecution thereof

35. Dismissal of Appeal for non-prosecution after Appellant's Appearance and before lodgment of Petition of Appeal

36. Dismissal of Appeal for non-prosecution after lodgment of Petition of Appeal

37. Restoring an Appeal dismissed for non-prosecution

Appearance by Respondent.


38. Time within which Respondent may appear

39. Notice of Appearance by Respondent

40. Form of Appearance where all the Respondents do not appear

41. Separate Appearances

42. Non-appearing Respondent not entitled to receive notices or lodge Case

43. Procedure on non-appearance of Respondent

44. Respondent defending Appeal in forma pauperis

Petitions generaliy.

45. Mode of addressing Petitions

46. Orders on Petitions which need not be drawn up 47. Form of Petition

48. Caveat

49. Service of Petition

50. Verifying Petition by Affidavit

51. Petition for Order of Revivor or Substitution

52. Petition containing scandalous matter to be refused
53. Setting down Petition

54. Times within which set-down Petitions shall be heard
55. Notice to parties of day fixed for hearing Petition
56. Procedure where Petition is consented to or is formal
57. Withdrawal of Petition

58. Procedure where hearing of Petition unduly delayed 59. Only one Counsel heard on a side in Petitions


60. Lodging of Case

61. Printing of Case

62. Number of prints to be lodged

63. Form of Case

64. Separate Cases by two or more Respondents

65. Notice of lodgment of Case

66. Case Notice..

67. Setting down Appeal and exchanging Cases

Binding Records, &c.

68. Mode of binding Records, &c., for use of Judicial Committee

69. Time within which bound copies shall be lodged


70. Notice to parties of date of commencement of Sittings; entering Appeals for hearing

71. Notice to parties of day fixed for hearing Appeal

72. Only two Counsel heard on a side in Appeals

73. Nautical Assessors


74. Notice to parties of day fixed for delivery of Judgemnt

75. Taxation of costs

76. What costs taxed in England

77. Order to tax


78. Power of Taxing Officer where taxation delayed through the fault of the party whose costs are to be taxed

79. Appeal from decision of Taxing Officer

80. Amount of taxed costs to be inserted in His Majesty's Order in Council 81. Taxation on the pauper scale

82. Security to be dealt with as His Majesty's Order in Council determining Appeal directs

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