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such judgment into the hands of the clerk of the County Court in which such action shall have been tried, and the same shall have been paid accordingly; and the said Court of Appeal may either order a new trial on such terms as it thinks fit, or may order judgment to be entered for either party, as the case may be, and may make such order with respect to the costs of the said appeal as such Court may think proper; and such orders shall be final.

Sect. 15, of the same statute, enacts, that such appeal shall be in the form of a case agreed on by both parties, or their attornies, and if they cannot agree the Judge of the County Court, upon being applied to by them or their attornies, shall settle the case and sign it; and such case shall be transmitted by the appellant to the rule department of the Master's office of the Court in which the appeal is to be brought.

The right to appeal under the above provisions does not so much depend on the amount claimed by the summons as upon the amount legally recoverable (i); nevertheless, it has been held, that if the action be bonâ fide brought for a sum above 201., an appeal lies, although the plaintiff in fact recovers less than that amount (j).

Exclusion of the Right of Appeal by Agreement.]—The new act provides, that no appeal shall lie from the decision of a County Court, if before such decision is pronounced both parties shall agree, in writing signed by themselves, or their attornies or agents, that the decision of the Judge shall be final, and no such agreement shall require a stamp (k).

Before whom Appeals are heard.]-The statute 13 & 14 Vict. c. 61, which first gave a right of appeal, enacted that two or more of the puisne Judges of the Superior Courts of Common Law to which the party appealed should sit out of Term as a Court of Appeal for that purpose. This provision was repealed by the stat. 15 & 16 Vict. c. 54, s. 2, and the appeals directed to be heard and determined in Term by the Judges of the Superior Courts, as part of the ordinary

(i) See the Manual of Practice and Evidence, 2nd edit. p. 47, and Forms of Bond, post, Appendix, Forms Nos. 66, 67; Mayer v. Burgess, 21 L. J. (N. S.) Q. B. 67.

(j) Harris v. Dreesman, 23 L. J. (N. S.) Exch. 210.

(k) 19 & 20 Vict. c. 108, s. 69. The former provision of the 17 & 18 Vict. c. 16, s. 1, on this subject, is repealed by the new act.

business of such Courts, or out of Term by any two or more of the Judges of the said Superior Courts sitting as a Court of Appeal for that purpose.

Notice to prevent Proceedings on the Judgment.]-In order to prevent proceedings being taken on the judgment before giving the notice and security, the rules provide that any party dissatisfied with the determination or direction of the Court in point of law, or upon the admission or rejection of evidence, may, before the rising of the Court on the day on which judgment was pronounced, deliver to the Registrar a statement in writing, signed by him, his counsel or attorney, containing the grounds of his dissatisfaction; and in the event of no such statement being delivered, the successful party may proceed on the judgment unless the Judge otherwise orders; but the Judge may direct proceedings to be taken on the judgment notwithstanding such statement has been delivered nevertheless, the party so dissatisfied may appeal on grounds different from those contained in such statement, and although he has not delivered any such statement (1).

Proceedings where Execution has issued before Notice of Appeal.]-If, before notice of appeal is served upon the Registrar, execution has issued and the amount of the judgment and the costs of execution have been paid into the hands of the bailiff, or levied and not paid over to the successful party, the same must remain in Court to abide the order of the Court (m).

Proceedings where Execution has issued before Security given.]-If, before an appealing party has given the required security, execution has issued, the Registrar must, upon the appealing party's giving security, forthwith send notice thereof by post or otherwise to the bailiff; and proceedings on such execution are stayed (n).

Computation of Time for giving Notice of Appeal.]— The ten days within which notice of appeal may be given, are reckoned exclusive of the day of trial (0).

Form of Notice of Appeal and Service.]—The notice of

(1) Rules of Practice, r. 139. (m) Id. r. 142.

(n) Id. r. 143.

(0) Id. r. 140.

appeal must be in writing, and state the grounds on which the party appeals (p), and must be signed by the appellant, his attorney or agent, and it must then be sent to the Registrar as well as to the successful party, by post or otherwise (q).

Statement of the Court to which the Appellant appeals.] -At the time of giving security, the appellant must deliver to the Registrar a statement in writing, showing to which of the Courts of Common Law at Westminster he proposes to appeal (r).

Preparation of the Case and Transmission of a Copy to the successful Party.]-It has been seen that the case is to be sealed by the parties or their attornies, or, if they cannot agree, by the Judge of the County Court. All cases on appeal must, unless the Judge otherwise orders, be presented to him for signature at the Court holden next after the expiration of twelve clear days from the day on which judgment was pronounced, and it is then signed by the Judge and sealed with the seal of the Court; and when signed and sealed, one copy is deposited with the Registrar, and another sent by post or otherwise, by the appellant, to the successful party, within three clear days next after the time of signing and sealing the same (s). If the appellant does not comply with this rule, the successful party may proceed on the judgment, unless the Judge otherwise orders (t).

Transmission of Copies to the Master's Office of the Superior Court, and Notice of Transmission.]—The appellant must also, within three clear days next after the case is signed and sealed, transmit two copies thereof, by post or otherwise, to the rule department of the Master's office of the Court in which the appeal is brought (u); and notice of such transmission must forthwith be served by the appellant on

(p) The appellant has no right, it seems, to insert other objections than those taken at the trial. Yorke v. Smith, 21 L. J. (N. S.) Q. B. 53. Nevertheless he is not confined to the grounds mentioned in the statement given under Rule 139. On the other hand, the omission to state the real grounds in the notice of appeal will not prevent

the Court of Appeal from hearing it. Cannon v. Johnson, 21 L. J.

(N. S.) Q. B. 164.

(g) Rules of Practice, r. 141. (r) Id. r. 144. (s) Id. r. 145. See Form of Case, post, Appendix, Form No. 68. (t) Id.

(u) See Figg v. Wilkinson, 23 L. J. (N. S.) Exch. 129.

the successful party, by post or otherwise; in default whereof the successful party may proceed on the judgment, and shall, on application to the Court, be entitled to such costs as he shall have incurred in consequence of the appellant's proceedings, or instead of proceeding on such judgment, the respondent, if he thinks fit, may, within twenty-eight clear days from the signing of the case, transmit it in the manner prescribed, and give the like notice to the appellant of such transmission (x).

Proceedings where the Appellant does not prosecute the Appeal.]—If after the case has been transmitted, the appellant does not prosecute his appeal with due diligence, according to the practice of the Court of Appeal, the successful party may apply to the Judge for leave to proceed on the judgment, and leave for that purpose may be granted accordingly, if the Judge thinks fit; and the successful party is also entitled to such costs as he has incurred in consequence of the appellant's proceedings; which costs are added to the judgment (y).

Proceedings after the Court of Appeal has pronounced Judgment.]-When the Court of Appeal has pronounced judgment, either party may deposit the original order of the Court of Appeal, or an office copy thereof, with the Registrar of the County Court, and within forty-eight hours from the time of such deposit send a notice thereof to the other party, by post or otherwise (z).

Where the Court of Appeal orders a New Trial.]—A new trial, in pursuance of the order of the Court of Appeal, must be entered for trial at the County Court holden next after twelve clear days from the time when such order or office copy thereof has been deposited as aforesaid, unless the parties agree that it shall take place sooner, or the Judge otherwise orders, and it is then conducted in the same manner as any new trial granted by the County Court itself (a); and the costs of such new trial are allowed on the same scale as in the case of a new trial granted by the Judge of the County Court (b).

It is to be observed, that where the case has been tried by

(x) Rules of Practice, r. 146. (y) Id. r. 147.

(*) Rules of Practice, r. 148.

(a) Id. r. 149.
(b) See the Scale, post, Appen-

dix.

a jury, and the appeal is on the ground of misdirection or the improper admission or rejection of evidence, the Court of Appeal, if its opinion is in favour of the appellant, can only direct a new trial, and cannot give judgment for him (c).

Costs of Appeal.1-The Court of Appeal having power over the costs of the appeal, generally allows them to the successful party. If, however, the Court decides that the case is one in which no appeal lay, it cannot make any order as to costs, being without jurisdiction in the matter (d).

The Court of Appeal sometimes sends back the case to be re-stated.

Where the Court of Appeal orders Judgment to be entered for either Party.]—If the order of the Court of Appeal be, that judgment shall be entered for either party, then such judgment is entered accordingly, and the successful party is at liberty to proceed on such judgment as on a judgment of the County Court (e).

(c) Jonas v. Adams, 20 L. J. (N. S.) Q. B. 397.

(d) Mayer v. Burgess, 24 L. J. (N. S.) Q. B. 67.

(e) Rules of Practice, r. 150.

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