Directory_and_Chronicle_1877 — Page 494

IN CHINA AND JAPAN.

61

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 allowed, but not otherwise, and may impose such terms as to security and other things as seem just.

Rules.

161. The foregoing Rules apply to suits for 250 dollars or Application of foregoing 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 or order made at the hearing of Appeal petition, Motion, a suit shall be made by petition.

Other appeals shall be made by motion.

II-From Decrees or Orders at Hearing.

for ting.

163. The appellant must file his petition or appeal in the Court Appeal petition; Time below within fourteen days after leave to appeal is given.

164. The petition of appeal shall contain an exposition of the Contents, 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 which may not by argument 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 varied, 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 Service,

the Court directs.

166. Any person on whom the petition of appeal has been Respondent's answer. served may, within fourteen days after service, file in the Court below an answer to the petition of appeal.

The answer shall 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 deducible 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 Copies furnished. such persons as it thinks fit.

168. All matter of objection to any appeal, as being out of Oljeet ons in answer. time, on or any grounds other than on the merits of the case itself, must be substantially raised by the party desiring to rely 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 shall be permitted to be raised at the hearing of the appeal.

169. The absence of an answer shall not preclude any person. Effect of not answering. interested in supporting the decree or order from supporting the

same on the merits at the hearing of the appeal.

170. On the expiration of the time for answering, the Court. Record of appeal. below shall, without receiving any further pleading in appeal, make