Directory_and_Chronicle_1885 — Page 773

Day for hearing.

Appearance by counsel or attorney.

Appeal motion.

Hespondent'■ Argument,

Becord of appeal

Notion to Partice.

in what cases.

Recognizance.

72

RULES OF SUPREME COURT

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 be 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 jurisdic tion over the whole suit as if the same had been instituted and prosecuted in the Supreme Court itself as a Court of first instance, by parties subject to its ordinary original jurisdiction-and may rehear 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.

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

Such day shall be fixed 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 they or any of them desire to do so.

174. In case all the several parties to an appeal appoint persons at the place of sitting of the Supreme Court to represent them as their respective counsel or attorneys 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 proceed 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 hearing of the appeal.

III. Not from Decrees or Orders at Hearing. 175. The appellant shall file his appeal motion paper in the 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 served may, within seven days after service, 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 argument, the Court below shall make up the record of appeal, which shall consist of (1) the petition and such portion of the pleadings, orders, proceedings, and evidence as relate to the particular decision appealed from, with (2) the appeal motion-paper and any argument or arguments filed.

The record shall be made up as on appeal from a decree.

178. The Court shall not cause notice to be given to the parties of the day when the appeal motion will be disposed of, unless under special circumstances it thinks fit to do so.

But where any party to the appeal motion notifies to the Supreme Court his desire to attend in person, or by counsel or attorney, when the motion is being disposed of, he shall be at liberty to do so, and the Court shall hear him, or his counsel or attorney, before disposing of the motion.

VIII-SUMMARY ORDERS BEFORE SUIT.

179. Where the extreme urgency or other peculiar circumstances of the case appear to the Court so to require, the Court may on evidence on oath, without a petition having been previously presented, make ex parte an order of injunction, or an order to sequester money or goods, or to stop a passport, or the clearances of a ship,

or the clearances of a ship, or to hold to bail.

180. Before making such an order the Court shall require the persou applying for it to enter into a recognizance (with or without a surety or

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