1901_CODE_OF_CIVIL_PROCEDURE — Page 124

A.D. 1901.]

CODE OF CIVIL PROCEDURE.

[No. 3.

775

in the next succeeding section or such time as may be prescribed by special order, give notice of such intention to any parties who may be affected by such contention.

(2.) The omission to give such notice shall not diminish the powers of the Full Court, but may, in the discretion of the Full Court, be ground for an adjournment of the appeal or for a special order as to costs.

*

614. Subject to any special order which may be made by the Full Court, notice by a respondent under the last preceding section shall be an eight days' notice.

615. The party appealing from a judgment or order shall leave with the Registrar a copy of the notice of motion to be filed, and the Registrar shall thereupon set down the appeal by entering the same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion. 616. When any question of fact is involved in an appeal, the evidence taken in the Court bearing on such question shall, subject to any special order, be brought before the Full Court as follows:-

(1.) as to any evidence taken by affidavit, by the production of the

affidavits; and

Length of notice by respondent. 0.58 r. 7.

Setting down 1. 8.

appeal.

Evidence on question of

appeal as to

fact. Ib. r. 11.

(2.) as to any evidence given orally, by the production of the Judge's

notes or such other materials as the Full Court may deem expedient. 617. Not less than five days before the day fixed for the hearing of Transcript of the appeal the appellant shall deliver to each of the Judges a complete proceedings. transcript of the proceedings in the case.

618. If, on the hearing of an appeal, any question arises as to the ruling or direction of the Judge to a jury or assessors, the Full Court shall have regard to verified notes or other evidence and to such other materials as the Full Court may deem expedient.

619. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Full Court from giving such decision upon the appeal as may be just.

620. An appeal shall not operate as a stay of execution or of proceed- ings under the decision appealed from, except so far as the Court or the Full Court may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court or the Full Court may direct.

621. Every application to the Full Court incidental to an appeal shall be by motion, and the provisions of Chapter 10 relating to motions shall apply thereto.

New.

Evidence as

of Judge to jury or asses-

to direction

Bors. 0.58 r. 13.

Interlocutory prejudice order not to

appeal. Ib. r. 14.

Stay of pro- ceedings.

Ib. r. 16.

Mode of making in-

cidental plication. Ib. r. 18.

ap-