Directory_and_Chronicle_1868 — Page 343

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Execution of decree or order pending appeal.

Security.

Leave to appeal, when.

Appeal by plaintiffs ;

by defendants.

Personal appearance.

Evidence.

Original documents,

Limitation of time for appeal.

60

RULES OF SUPREME COURT

155. If leave to appeal is applied for by a person directed by a decree or order to pay money, or do any other act, the Court below shall direct either that the decision appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as the Court considers to be in accordance with substantial justice.

If the Court directs the decision to be carried into execution, the person in whose favour it is given shall, before the execution of it give security to the satisfaction of the Court for the due performance of such order as the Supreme Court may make.

If the Court directs the execution of the decision to be suspended pending the appeal, the person against whom the decision is given shall, before any order for suspension of execution, give security to the satisfaction of the Court for the due performance of such order as the Supreme Court may make.

In all cases security shall also be given by the appellant to the satisfaction of the Courts, to an amount not exceeding 250 dollars, for the prosecution of the appeal, and for payment of all fees and charges in the Court below and in the Supreme Court, and of all such costs as may be awarded to any respondent by the Supreme Court.

If the last-mentioned security is given within fourteen days after motion made for leave to appeal, then and not otherwise the Court below shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal accordingly.

In any case other than the cases herein before described, the Court below, if it considers it just or expedient (for reasons to be recorded in the minutes of proceedings) to do so, may give leave to appeal on the terms and in the manner aforesaid.

156. Where there are more plaintiffs than one an appeal cannot be prosecuted except by all the plaintiffs jointly.

Where there are more defendants than one, any oue or inore of them may prosecute an appeal separately; but defendants severing in appeal do so at the risk of costs if the severance is improper.

157. The Supreme Court may require any party to an appeal to appear personally before it on the hearing of the appeal, or on any occasion pending the appeal: otherwise personal appearance shall not be requisite.

158. It is not open, as of right, to any party to an appeal to adduce new evidence in support of his original case; but a party may allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and adduce evidence in support of such allegations; and for the furtherance of justice the Supreme Court may, where it thinks fit, allow or require new evidence to be adduced. 159. The Court below shall not, except for some special cause, take upon itself the responsibility of the charge or of the transmission to the Supreme Court of original letters or documents produced in evidence in the suit.

Such original letters and documents shall be returned to the respective parties producing the same, and only copies thereof duly certified shall be transmitted in the appeal record.

The respective parties must, however, be prepared to produce the originals, if required by the Supreme Court, before or at the hearing of the appeal.

160. After the expiration of six months from the date of a decree or order leave to appeal against it shall not be given by a Provincial 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

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