Application of foregoing Rules.
Appeal petition, Motion,
Appeal petition, Time for tiling.
Contents.
Fervice.
Respondent's answer.
Copies furnished.
Objections in answer.
Effect of not answering.
Record of appeal.
68
RULES OF SUPREME COURT
Application for leave to appeal must in that case be made to the Supreme Court, which shall grant such leave if on consideration of all the circumstances of the case, it appears just and expedient that an appeal should be allow d, but not otherwise, and may impose such terms as to security and other things as seem just.
161. The for going Rules apply to su ts for 250 dollars or upwards, with respect to which a right of appeal is given by the Order in Council under which these Rules are framed, and shall also be applied, as far as may be, mutatis mutandis, in cases where special leave to appeal is applied for to a Provincial or the Supreme Court. 162. An appeal from a decree ord r made at the hearing of a suit shall be made by petition.
Other appeals shall be made by motion.
II-From Decrees or Orders at Hearing.
163. The appellant must file his petition of appeal in the Curt below within fourteen days after leave to appeal is given.
164. The petition of appeal shall contain an exposit on of the appellant's case as supported by evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or whica may not by argun ent and inference be fairly deduced therefrom.
It shall set forth the grounds of appeal, and the particulars in which the decree or order appealed from is considered by the appellant to be erroneous or defective, and shall pray that the same may be reserved or variel, and that the Court above may make the particular order to which on the record and evidence as it stands the appellant conceives himself entitled, or such other order as the Court thinks just.
It may contain any matter by way of argument in support of the appeal.
165. The petition of appeal shall be served on such persons as the Court directs.
166. Any person on whom the petition of appeal has been served may, within fourteen days after service, file in the Court below an answer to the p-tition of appeal.
The answer s'all contain an exposition of the respondent's case as supported by the evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or not by argument and inference fairly de lucible therefrom,
It shall simply conclude with a demand that the appeal be dismissed.
It may contain any matter by way of argument against the appeal.
167. Copies of the answer shall be furnished by the Court to such persons as it thinks fit.
168. All matter of objection to any appel, as being out of time, or on any grounds och r than on the merits of the case itself, must be s Jstantially raised by the party desiring to rly thereon, in and by the answer to the petition of appeal, and if not so raised, or where no answer is put in, no such objection s'ali be permitted to be raised at the hearing of the appeal.
169. The abs me of an answer shall not preclude any person interested in supporting the deeree or order from supporting the same on the merits at the hearing of t'e appeal.
170. On toe expiration of the time for answering, the Court below shall, without received an-1 further pleading in appeal, make