CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1267
614. Subject to any special order which may be made by the Full Court, notice by a respondent under section 613 shall be an eight days notice.
Length of notice by respondent. O. 58, r. 7.
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.
Setting down appeal. O. 58, r. 8.
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
(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.
Evidence on appeal as to fact. O. 58, r. 11.
617. Not less than five days before the day fixed for the hearing of the appeal the appellant shall deliver to each of the judges a complete transcript of the proceedings in the case.
Transcript of proceedings.
618. If, on the hearing of an appeal, any question arises as to the ruling or direction of the judge to a jury or questions put to 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.
Evidence as to direction or questions by judge. O. 58, r. 13.
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.
Interlocutory order not to prejudice appeal. O. 58, r. 14.
* As amended by Law Rev. Ord., 1924.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1267
614. Subject to any special order which may be made by Length of the Full Court, notice by a respondent under section 613 notice by shall be an eight days notice.
respondent. O. 58, r. 7.
*
0. 58, r. 8.
615. The party appealing from a judgment or order shall Setting down leave with the Registrar a copy of the notice of motion to be appeal, 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, Evidence on the evidence taken in the court bearing on such question appeal as to shall, subject to any special order, be brought before the fact. Full Court as follows:-
(1) as to any evidence taken by affidavit, by the produc- tion of the affidavits; and
(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.
question of
O. 58, r. 11.
617. Not less than five days before the day fixed for the Transcript of hearing of the appeal the appellant shall deliver to each of proceedings. the judges a complete transcript of the proceedings in the
ease.
of or ques-
618. If, on the hearing of an appeal, any question arises Evidence as as to the ruling or direction of the judge to a jury or ques- to direction tions put to assessors, the Full Court shall have regard to tions by verified notes or other evidence' and to such other materials judge. as the Full Court may deem expedient..
O. 58, r. 13.
619. No interlocutory order or rule from which there has Interlocutory been no appeal shall operate so as to bar or prejudice the Full order not to Court from giving such decision upon the appeal as may prejudice
be appeal.
just.
0. 58, r. 14.
* As amended by Law Rev. Ord., 1924.
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