Name (or Names) of the Person whose Estate is intended to be affected.

Surname. Christian name or names.

Usual or last known place Title, trade or of abode. profession.

3. Declaration by Applicant who is not a Solicitor (d). I, A. B., of solemnly and sincerely declare that the writ or summons whereof the particulars are set forth in the application for registration thereof, marked A., now produced and shown to me, was actually issued at the time and in the manner in the said application mentioned, and that the particulars set forth therein are to the best of my knowledge, information and belief true.

And I make this solemn declaration conscientiously believing the same to be true, by virtue of the provisions of the Statutory Declaration Act, 1835.

Declared at, in the county of before me,

this

(Signed) A. B. day of, 19—, (Signed) C. C.,

A commissioner for oaths.

4. Acknowledgment of Satisfaction of Lis Pendens (e).

Land Registry, Land Charges Department.

Satisfaction is acknowledged

(Land Registry fee, 12s. 6d. each name.

Between A. B., plaintiff, and C. D., defendant, as to a writ of summons dated the 19--, a memorandum of which said writ or

day of

summons was left in the Land Registry [or Registry of Judgments, as the case may be] on the

said defendant C. D.].

day of

19--, to affect the estate of [the

And I, the said A. B., do hereby expressly nominate and appoint X. Y., of, a solicitor of the Supreme Court of Judicature, to witness and attest the execution of this acknowledgment of satisfaction.

Signed by the said A. B., in the presence of me, the undersigned, X. Y.,

of, in the [county] of

one of the solicitors of the Supreme

(d) By the Land Charges Rules, 1889, r. 2, this declaration is required whenever the application to register is made by a person who is not a solicitor.

(e) The registration of the lis pendens will be vacated upon the filing of this acknowledgment, which is in the form prescribed by 23 & 24 Vict. c. 115, s. 2.

Court of Judicature, and I hereby declare myself to be the solicitor for and on behalf of the said A. B., expressly named by him, and attending him at his request to inform him of the nature and effect of this acknowledgment of satisfaction (which I accordingly did before the same was signed by him). And I also declare that I subscribe my name as a witness hereto as such solicitor. (Signed) X. Y.

Filed on the
By X. Y., of

day of

19-.

solicitor.

5. Summons to vacate Registration of Lis Pendens (ƒ).

[Formal parts as usual in application to Judge] for an order that the registration of the writ of summons in this action, entered in the name of the [defendant] at the Land Registry Office on the 19-, be vacated [on the ground that

day of

-]. [And that the costs of this

6. Order vacating Registration of Lis Pendens.

[Formal parts as usual.] It is ordered that the following registration at the Office of Land Registry be vacated, viz., of the writ of summons in this action, dated the

day of

19-, and registered in the

(ƒ) By the 30 & 31 Vict. c. 47, s. 2, the Court before whom the property sought to be bound is in litigation may, upon the determination of the lis pendens, or during the pendency thereof, if satisfied that the litigation is not prosecuted bonâ fide, make an order for the vacating of the registration without the consent of the party who registered it, and may direct such party to pay all the costs and expenses occasioned by the registration or the vacating thereof. The application pending the litigation may be made in a summary way by petition or motion in Court, or by summons in Chambers (Id.). Cf. 53 & 54 Vict. c. 69, s. 19, ante, p. 451.

PART VIII.

APPEAL.

PAGE

CHAPTER I. APPEAL TO THE COURT OF APPEAL

II. APPEAL TO THE HOUSE OF LORDS

488

495

As to appeals from a Master or Julge at Chambers, see post, Part XII. As to appeals from County Courts, &c., see post, Part XV.

CHAPTER I.

APPEAL TO THE COURT OF APPEAL (a).

1. Notice of Motion on Appeal from Chambers or a Divisional Court (b).

Take notice that the Court of Appeal will be moved on [—day] the day of

19-[or at the expiration of

days from the service

(a) Appeal to the Court of Appeal.]—By R. S. C., Ord. LVIII., r. 17, "Wherever under these Rules an application may be made either to the Court below or to the Court of Appeal, or to a Judge of the Court below or of the Court of Appeal, it shall be made in the first instance to the Court or Judge below."

By r. 18,"Every application to a Judge of the Court of Appeal shall be by motion, and the provisions of Ord. LII. shall apply thereto."

Appeal from Refusal of an Ex parte Application.]—By R. S. C., Ord. LVIII., r. 10, "Where an ex parte application has been refused by the Court below, an application for a similar purpose may be made to the Court of Appeal ex parte within four 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."

(b) Notice of Motion on Appeal.]—By R. S. C., Ord. LVIII., r. 1, “All appeals to the Court of Appeal shall be by way of rehearing, and shall be brought by notice of motion in a summary way, and no petition, case, or other formal proceeding other than such notice of motion shall be necessary. The appellant may by the notice of 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."

upon you of this notice], or so soon thereafter as counsel can be heard, by [Mr., of] counsel for the above-named plaintiff [or defendant, as the case may be, for an order that the order [or judgment] herein of the King's Bench Division of the High Court of Justice [or of the Honourable Mr. Justice -], dated the day of 19-, whereby it was ordered [or adjudged] that [&c., stating the terms of the order or judgment appealed from; or, if only part thereof is appealed from, say, that so much of the order (or judgment) herein of dated- -, as ordered (or directed, or adjudged) that, &c., stating the terms of the part appealed from], may be rescinded [or varied by], and that [here state the further relief or remedy, if any, sought, e.g., that] it may be ordered that [&c., as the case may require], and that the costs of this appeal [and of the application to may be paid by the -] Dated the day of

19-.

to the

Yours, &c., X. Y., Solicitor [or agent for C. C., solicitor] for the above-named plaintiff [or defendant, or as the case may be].

To the above-named defendant [or as the case may be], and to Mr. Z., his solicitor or agent.

2. The like Notice pursuant to Leave to Appeal.

[Title as in form No. 1, supra.]

Take notice that, pursuant to the [special] leave of the Court of Appeal [or the King's Bench Division of the High Court of Justice, or of the

Service and Amendment of Notice.]-By r. 2, "The notice of appeal shall be served upon all parties directly affected by the appeal, and it shall not be necessary 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 any time as the Court of Appeal may think fit."

Length of Notice required.]—By r. 3, “Notice of appeal from any judgment, whether final or interlocutory, or from a final order, shall be a fourteen-days' notice, and notice of appeal from any interlocutory order shall be a four-days' notice."

Time for Appealing.]—By r. 15, "No appeal to the Court of Appeal from any interlocutory order, or from any order, whether final or interlocutory, in any matter not being an action, shall, except by special leave of the Court of Appeal, be brought after the expiration of fourteen days, and no other appeal shall, except by such leave, be brought after the expiration of three months. The said respective periods shall be calcu lated, in the case of an appeal from an order in Chambers, from the time when such order was pronounced, or when the appellant first had notice thereof, and in all other cases, from the time at which the judgment or order is signed, entered, or otherwise perfected, or, in the case of the refusal of an application, from the date of such refusal. Such deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under special circumstances by the Court of Appeal."

day

Honourable Mr. Justice], granted [by order dated] the of, 19—, the Court of Appeal will be moved on [&c., as in form No. 1, supra].

3. Memorandum for Entry of Appeal (c).
[Title, &c., as in notice of motion.]

Enter this appeal from the order [or judgment] of

dated the

day of

19-.

in this action,

4. Notice of Motion for New Trial.

See the forms, ante, pp. 366 et seq.

5. Notice of Motion for Leave to Appeal after Time has expired (d). [Formal parts as in form No. 1. supra, to the asterisk *] for an order that, notwithstanding that the time limited by the Rules of the Supreme Court for so doing has expired, the plaintiff [or defendant] may be at liberty to appeal from the judgment [or order] of [the King's Bench Division of the High Court of Justice], dated the 19- [or from so much of the judgment (or order) of as adjudges (or orders, or directs), that

].

day of

dated

Dated [&c., conclude as in form No. 1, supra].

6. Notice of Motion for Security for Costs (e).

[Formal parts as in form No. 1, supra, to the asterisk*] for an order that the plaintiff [or defendant] do [within days from the date of such order (f)] give security [in the sum of £] for the costs of and

(c) Setting down the Appeal for Hearing.]—By r. 8, "The party appealing from a judgment or order shall produce to the proper officer of the Court of Appeal the judgment or order or an office copy thereof, and shall leave with him a copy of the notice of appeal to be filed, and such officer shall thereupon set 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, but so as not to come into the paper for hearing before the day named in the notice of appeal." The above form of memorandum is given in R. S. C., App. G., No. 23. (d) See R. S. C., Ord. LVIII., r. 15, supra, p. 489, n. (b).

(e) See R. S. C., Ord. LVIII., r. 15 (ad finem), supra, p. 489, n (b). For the demand for security, which should be made before applying to the Court, see form, ante, p. 195, which can easily be adapted.

(f) The time was fixed by the order made in United Telephone Co. v. Bassano, 31 Ch. D. 630; but, as a rule, the Court refuses to fix a time, and if the appellant fails