Directory_and_Chronicle_1882 — Page 640

IN CHINA AND JAPAN,

69

up the record of appeal, which shall consist of (1) the petition, pleadings, order, and proceedings, and the deere or order in the suit, (2) a copy of all written and documentary evidence a Imitted, or tendered, and of the notes of the viva voce evidence, (3) the petition or petitions of appeal, and (4) the answer or answers thereto.

The whole record shall be fastened together, the several pieces shall be numbere 1, and the whole shall be secured by the seal of the Court below.

171. After the record of appeal has been made up, and until the appeal is disposed of, the Supreme Court shall be deemed in possession of the whole suit as between the parties to the appeal.

Every application in the suit shall be made to the Supreme Court and not to the Court below, but any application may be made through the Court below.

*

172. The Supreme Court may from time to time make such orders as seem necessary for determining the real questions in controversy between the parties, and for that parp se may, as between the parties to the appeal, amend any defects or errors in the record of appal, and may direct the Court below to inquire into and certify its finding on any question as between such parties, or any of them, which it may b necessary or expedient to determine before final judgment in the appeal and generally shall, as between the parties to the appeal, have as full and ample jurisdiction over the whole suit as if the same had been institute-1 and prosecuted in the Supreme Court itself as a Court of first instance, by parties subject to its ordinary original jurisdiction-an may reher the whole case, or may remit it to the Court below to be reheard, or to be otherwise dealt with as the Supreme Court directs.

Power of Supreme Court over suit in which appeal

is pending.

Power of Supreme Court

to romit the case or

otherwise proceed in it.

173. The Supreme Court shall, on receiving the record of app al, Day for hearing. fix a day for the hearing thereof.

Such day shall be fixel as will allow of the Court giving notice thereof through the Court below to the parties to the appeal, and

as will allow of the parties attending either in person or by counsel

or attorney, if the or any of them desire to do so.

or attorney.

174. In case all the several parties to an appeal appoint Appearance by counsel persons at the place of sitting of the Supreme Court to represent them as their respective counsel or attorney in the matter of the appeal, and cause the same to be notified to the Supreme Court, the Court shall allow the appeal to be set down in the general hearing list at once, and shall proced to dispose of the appeal in its turn without further notice to the parties or any of them; and the respective representatives of the parties shall be bound to watch for and, take notice of the day for the nearing of the appeal.

III.-Not from Decrees or Orders at Hearing.

175. The appellant shall file his app al motion paper in the Appeal motion, Court below within seven days after leave to appeal is given.

He may at the same time file in the Court below any argument

he desires to submit to the Supreme Court in support of the appeal. The motion-paper and the argument (if any) shall be served on

such persons as the Court directs.

176. Any person so serv. d may, within seven days after service, Respondent's argument, file in the Court below any argument he desires to submit to the

Supreme Court against the appeal.

Copies of such last-mentioned argument (if any) shall be

furnished by the Court below to such persons as it thinks fit.

177. On the expiration of the time for filing such last-mentioned Record of appeal. argu:nent, the Court below shall make up the record of appeal, which