V 
 
 # 
 

 THE PRACTICE s 
 
 OF THE 
 
 SUPREME COURT 
 
 OF 
 
 CANADA. 
 
 BY 
 
 ROBERT CASSELS, Esg., 
 
 ONE OP HEK MAJESTY'S COUNSEL, 
 
 AND 
 
 HEOISTIUK OK THE COrKT. 
 
 Toronto: 
 CARSWELL & Co., LAW PUBLISHERS. 
 
 1888. 
 
32 
 
 
 > I > 
 
 # 
 
CONTENTS. 
 
 FirMflCB 
 
 List of Chief JrfMTICES, Judges and Officers of the Supkeme Couut 
 
 OF Canada v 
 
 List of Ministers of Justice and Attorneys-General of the Dom- 
 inion SINCE the organization OF THE CoURT vi 
 
 Table of Abbreviations vii 
 
 Introduction ix 
 
 Tabl^f Cases cited xvii 
 
 Supreme and Exchequer Courts Act 1 
 
 Appeals under Special Acts: 
 
 Criminal Appeals 72 
 
 Exchequer Appeals 77 
 
 Maritime Appeals 80 
 
 Election Appeals 82 
 
 Appeals under the Winding-up Act 91 
 
 Table of Rules of the Supreme Court of Canada 97 
 
 Rules of the Supreme Court of Canada 100 
 
 Appendix: 
 
 The Interpretation Act 171 
 
 County Court jurisdiction in the Provinces of Nova Scotia. 
 New Brunswick, British Columbia and Prince Edward 
 Island 181 
 
 Part of 50-51 Victoria, c. 16, amending the Supreme and 
 
 Exchequer Courts Act 189 
 
 • 
 
iy CONTENTS. 
 
 Appeudix— Continued. jjaf,, 
 
 Supreme Court Act, 1888 19*^ 
 
 Revised Statutes of Ontario, c. 42, respecting! the 
 Supreme Court of Canada and the Exchequer Court of 
 
 Canada ^9* 
 
 Extracts from Imperial Statutes and Orders in Council 
 relating to the practice in appeals to the Judicial 
 Committee of the Privy Council 200 
 
 Forms ^12 
 
 AdifENDa : 
 
 Additional Cases on the jurisdiction of the Court 227 
 
 References under The Railway Act 230 
 
 , 231 
 
 Index 
 
Chief Justices and Judges 
 
 OP THE 
 
 supreme court of CANADA. 
 
 CHIEF JUSTICES. 
 
 HON. SIR WILLIAM BUELL RICHARDS, Knight. 
 
 Appointed 8th October, 1875. 
 
 Resigned 10th January, 1879. 
 HON. SIR WILLIAM JOHNSTONE RITCHIE, Knioht. 
 
 Appointed 11th January, 1879. 
 
 JUDGES. 
 
 HON SIR WILLIAM JOHNSTONE RITCHIE, Knioht. 
 Appointed 8th October, 1875. 
 
 HON. SAMUEL HENRY STRONG. 
 
 Appointed 8th October, 1875. 
 HON. JEAN THOMAS TASCHEREAU. 
 Appointed 8th October, 1875. 
 Resigned Gth October, 1878. 
 
 HON. TfiLESPHORE FOURNIER. 
 
 Appointed 8th October, 1875, 
 
 HON. WILLIAM ALEXANDER HENRY. 
 Appointed 8th October, 1875. 
 Died 5th May, 1888. 
 
 HON. HENRI ELZEAR TASCHEREAU.- 
 Appointed 7th October, 1878. 
 
 HON. JOHN WELLINGTON GWYNNE. 
 Appointed 14th January, 1879. 
 
 HON. CHRISTOPHER SALMON PATTERSON. 
 Appointed 27th October, 1888. 
 
VI OFFICERS OF THE COURT. 
 
 OFFICERS OF THE COURT. 
 
 ROBERT CASSELS, ESQ., Q.C. 
 
 Appointed Registrar 8th October, 1875. 
 
 GEORGE DUVAL, ESQ., Advocate, 
 
 Appointed Reporter, 20th January, 1876. 
 
 CHARLES H. MASTERS, ESQ., Barrisier-at-L.vw. 
 
 Appointed Assistant Reporter, temporarily, ITtli September, 1885. 
 
 ARCHIBALD SANDWITH CAMPBELL, ESQ., Somcitou. 
 Appointed Assistant Reporter 3rd March, 188(5. 
 Died 3rd September. 188G. 
 
 CHARLES H. MASTERS, ESQ., BAunisxER-AT-LAw. 
 Appointed Assistant Reporter 1st October, 188(). 
 
 MINISTERS OF JUSTICE AND ATTORNEYS- 
 GENERAL 
 
 OF THE DOMINION OF CANADA SINCE THE ORGANIZATION 
 OF THE COURT, 
 
 HON. EDWARD BLAKE, Q.C. 
 Appointed 19th May, 1875. 
 
 HON. RODOLPHE LAFLAMME, Q.C. 
 Appointed 8th June, 1877. 
 
 HON. JAMES Mcdonald, q.c. 
 
 Appointed 17th October, 1878. 
 
 HON. SIR ALEXANDER CAMPBELL, K.C.M.G., Q.C. 
 Appointed 20th May, 1881. 
 
 HON. SIR JOHN SPARROW DAVID THOMPSON, K.C.M.G., Q.C. 
 
 Appointed 25th September, 1885. 
 
ABBREVIATIONS. 
 
 A. tt E Adolphus aii'l Ellis. 
 
 Art Article. 
 
 C Chapter. 
 
 Can. S. C. R Reports of the Supreme Court of Canada. 
 
 C C. P Code of Civil Procedure of the Province of Quebec. 
 
 C. D. I 
 
 Ch. D. Law Reports, Chancery Divieion. 
 
 Chy.D j 
 
 C J Chief Justice. 
 
 C. L. J Canada Law Journal, 
 
 C. L. T Canadian Law Times. 
 
 C. P. D Law Reports, Common Pleas Division. 
 
 C, S. N. B Consolidated Statutes of New Brunswick. 
 
 Dig- ) 
 
 _. „ _ _ r Cassels's Digest of Supreme Court Decisions. 
 
 Dig. S. C. D.j 
 
 H. M Her Majesty. 
 
 Ibid At the same place. 
 
 J Judge. 
 
 JJ Judges. 
 
 L. R Law Reports. 
 
 M. L. R, Q. B Montreal Law Reports, Queen's Bench. 
 
 M. R Master of the Rolls. 
 
 N. B New Brunswick. 
 
 Ont. App. R Ontario Appeal Reports. 
 
 Ont. P. R Ontario Practice Reports 
 
 P Page. 
 
VIU ABBIIEV1ATI0N8. 
 
 P. D Law Reports, Pr(»bate Division. 
 
 Prac. P. C Practice of the Privy Council. 
 
 P. Q '. . . . Province of Quebec. 
 
 Q. B Queen'B Bench. 
 
 R. 8. C Revised Statutes of Canada. 
 
 R. 8. O Revised Statutes of Ontario. 
 
 8 Section. 
 
 SS Sections. 
 
 S-S Sub-section. 
 
 8. C Same case. 
 
 Sch Schedule. 
 
 8. & E. C. A Supreme and Exchequer Courts Act. 
 
 T. L. R Times Law Reports. 
 
 V Victoria. 
 
 W. R Weekly Reporter. 
 
INTRODUCTION. 
 
 BY section 101 of the British North America Act, 1867, 
 the Parliament of Canada was authorized to provide 
 for the constitution, maintenance and organization of a 
 general court of appeal for Canada, and for the establish- 
 ment of any additional courts for the better administration 
 of the laws of Canada. Under the pow • given by this 
 section of the constitution, the Parliamei.. of Canada on 
 the 8th April, 1875, passed an Act, 38 Vic. c. 11, 
 establishing the Supreme Court of Canada and the 
 Exchequer Court of Canada, the former to have an 
 appellate, civil and criminal jurisdiction within and 
 throughout the Dominion of Canada, and the latter court 
 to exercise concurrent original jurisdiction with the courts 
 of the Provinces in the Dominion of Canada in all cases in 
 which it should be sought to enforce any law of the 
 Dominion relating to the revenue, and in all other suits of 
 a civil nature at common law or equity in which the Crown 
 in the interest of the Dominion should be plaintiff or 
 petitioner, and exclusive original jurisdiction in all cases 
 in which demand should be made or relief sought in respect 
 of any matter which might in England be the subject of a 
 suit or action in the Court of Exchequer on its revenue side 
 against the Crown, or any officer of the Crown. As the 
 scope of this work is confined entirely to the jurisdiction 
 
X IN I'RODUCTION. 
 
 and practice of the Supreme Court of Canada, no further 
 reference need be made to the Exchequer Court beyond 
 mention of the fact that until the passing of 50-51 Victoria 
 c. 16, the Judges of the Supreme Court were also Judges 
 of the Exchequer Court, each judge, sitting alone, consti- 
 tuting the latter court, and all the judges, or at least five, 
 constituting the appellate tribunal. 
 
 On the 17th Septembei 1875, by proclamation, the Act 
 passed on the 8tli April j. ...ceding, was brought into force 
 as respected the appointment of judges, registrar, clerks 
 and servants of the court, the organization thereof, and 
 the making of general rules and orders. On the 8th of 
 October following the judges and registrar were appointed ; 
 and the Cliief Justice, the Hon. William Buell Richards, 
 afterwards Sir William Buell Richards, took the oath of 
 office before His Excellency Lieut. -General Sir William 
 O'Grady Haly, the Administrator of the Government, in 
 Council. On the 8th of November following, the Chief 
 Justice administered the oath of office to the puisne judges 
 of the Court. On the 10th January, 1876, by proclamation, 
 the 11th day of January, 1876, was appointed as the day 
 and time at and after which the judicial functions of the 
 court should take effect and be exercised. And on the 7th 
 February, 1876, general rules relating to the practice of the 
 Supreme Court were promulgated by the judges. The first 
 sitting of the Supreme Court for the hearing of appeals was 
 on the 17th of January, 1876, but no appeals were ready 
 to be heard. The first session of the court at which appeals 
 were heard was on the 5th day of June, 1876, when three 
 appeals were argued. Since the organization of the court 
 over 800 appeals have been filed, representing directly in 
 themselves a considerable amount of valuable results, and 
 indirectly, no doubt, a far reaching beneficial influence on 
 the jurisprudence and administration of justice throughout 
 
IN'iRODUCTION. XI 
 
 the country. The husiness of the court has heeu steadily 
 increasing, until for the present sittings, the thir^? of the 
 year, there stand inscribed for hearing about 60 appeals, 
 sent from all parts of the Dominion. 
 
 Since 1875, ten or eleven statutes have been passed 
 affecting the jurisdiction or practice, or both, of the Supreme 
 Court, and numerous amendments and additions to the 
 rules have been made. Under these circumstances a work 
 consolidating the statutes and rules and noting the many 
 decisions given by the court relating to the practice and 
 jurisdiction of the court, may be found convenient. 
 
 It may not be out of place also by way of introduction to 
 summarize briefly the practice to be followed when unpeal- 
 ing to the Supreme Court. 
 
 The first point upon which a solicitor should satisfy 
 himself after having determined upon appealing is as to 
 the right to appeal. Will the appeal lie ? Has the case 
 originated in a superior court ? or, if not, does it come 
 within the exceptional provisions contained in sub-sec- 
 tions (/i) and (i) of section 24 of the Act ? Has it been 
 adjudicated upon by the highest court of last resort in the 
 province ? Or can it be brought within the exceptions 
 provided for by sub-section 2, or sub-section 3, of section 
 26 '? Is the judgment a final judgment, or is it an excep- 
 tion to the general provision that appeals lie only from 
 final judgments ? Is the case one in which a limit is fixed 
 as to the appealable amount, or is it one of the exceptional 
 cases though not of the appealable amount ? (See notes 
 to sections 24, 26 and 29 of the Act.— See also section 76 
 of the Winding-up Act.) 
 
 Having satisfactorily answered these questions, the next 
 point which arises is as to whether a notice of appeal or of 
 
XU INTRODUCTION. 
 
 intention to appeal Las to be given, and the delay within 
 which such notice, if required, must be given. (See notes 
 to section 41 of the Act.) 
 
 Having given the required notice of appeal, or intention 
 to appeal, the next point which arises for consideration is 
 as to security. The approving of the security is a mode 
 of allowing the appeal, and when given the appeal has 
 been brought and is then within the jurisdiction of the 
 Supreme Court. Now section 40 of the Act provides that 
 every appeal, (certain exceptions being provided for) "shall 
 be brought within sixty days from the signing or entry or 
 pronouncing of the judgment appealed from." Does the 
 time run from the signing or entry or pronouncing of the 
 judgment ? (See notes to this section 40 for the cases 
 decided on this point). The application to have security 
 approved may, under section 40, be made either in the 
 court below or in the Supreme Court, and there are certain 
 cases in which special leave to appeal must be obtained 
 from the Supreme Court or a Judge thereof, — for instance, 
 appeals under the Winding-up Act, and certain appeals 
 from the Exchequer Court. If the sixty days be too short 
 a time to perfect the security an application must be made 
 under section 42 of the Act based upon the " special 
 circumstances" required by that section. It should be 
 borne in mind that such an application must be made 
 to the " court appealed from or a judge thereof." Having 
 elected in which court to make the application for approval 
 of the security, the bond should be prepared and steps 
 taken, according to the usual practice of the court to be 
 applied to, to have the bond approved. In the Supreme 
 Court four clear days notice should be given to the opposite 
 party of the intention to apply and the necessary instruc- 
 tions sent to the Ottawa agent, who should be regularly 
 appointed pursuant to the requirements of rule 16. The 
 
INTRODUCTION. Xlll 
 
 appointment of an a^ent at the earliest moment is an 
 important step in the appeal. It is entirely irregular 
 to communicate with the Registrar of the Court as 
 to any proceeding in appeal. All applications not 
 strictly applications which should be made to the full 
 court are now made to the Registrar sitting as a Judge in 
 Chambers under the provisions of rule 83. There are but 
 two exceptions in such rule. 
 
 After the security has been approved of, the appellant 
 has one month within which to settle and print the case. 
 No special rules have been made by the Supreme Court as 
 to the practice to be adopted on settling the case. The 
 statute (section 44) provides that it shall be stated by the 
 parties or, in the event of difference, be settled by the 
 court appealed from or a judge thereof. The appellant's 
 solicitor can send to the solicitor for the respondent a 
 draft of the case and the respondent's solicitor can return 
 it within a reasonable time with such suggestions or alter- 
 ations as he may think advisable, and the draft can be 
 sent from one to the other until finally signed as agreed 
 upon, or until a difference arises which can be settled only 
 by an application to a judge. Or an agreement can be 
 signed by the solicitors as to what documents, specifying 
 them clearly, the case shall contain. Unnecessary ma- 
 terial should be carefully omitted. As to what should be 
 inserted see section 44 of the Act and notes — page 34. 
 Upon the appellant's solicitor will then fall the duty of 
 printing the case. The rules of the court regulating the 
 form and style of the case should be closely followed, and 
 attention is here called to the remarks on this subject at 
 page 106. It may happen that the length of the case, or 
 other circumstances, makes it evident that with reasonable 
 diligence it will not be possible to overtake the printing 
 
 
 • 
 
XIV INTRODUCTION. 
 
 within the month after security has been allowed. The 
 solicitor for the appellant, to avoid an application on the 
 part of the respondent to dismiss the appeal for want of 
 prosecution, should then apply in the Supreme Court, in 
 Chambers, for further time, giving the usual four clear 
 days' notice of the application to his opponent and filing 
 an affidavit in the Supreme Court in support of his appli- 
 cation. When printed, a copy of the case should be 
 submitted to the proper officer of the court below, who, 
 upon being satisfied that it is the case stated by the 
 parties, or settled by the judge, and paid the usual fees, 
 should certify and transmit it to the Registrar of the 
 Supreme Court, with a certified copy of the bond given as 
 security and certified copies of Exhibits. (See rule 10). 
 It may be less expensive and more advantageous to the 
 satisfactory argument of the appeal to obtain from the 
 Supreme Court, in Chambers, an order for^the transmisaion 
 of the original Exhibits. The case should be filed in the 
 office of the Registrar of t.he Supreme Court twenty clear 
 days before the first day of the session at which it is to be 
 brought on for hearing. At least fifteen days before the 
 first day of the session notice of hearing must be served. 
 (See rules 11-15). 
 
 Each party has in the meantime prepared and printed 
 a correct but complete statement of the facts of the case 
 and the reasons and authorities upon which he intends to 
 rely. This document is called a factum. The factums of 
 both partiea should be deposited with the Registrar at least 
 fifteen days before the first day of the sessir i. (Rule 23), 
 As to what the factum should contain and how it should 
 be printed see rules 24 and 25. The appeal must be 
 inscribed by the appellant for hearing; that, is a request 
 must be filed with the Registrar to glace it on the list of 
 
 • 
 
 
INTRODUCTION. XV 
 
 appeals for hearing, at least fourteen days before the first 
 (lay of the session, at which the appeal is to be heard. (Rule 
 81). The inscription cannot be made unless the appellant's 
 factum has been deposited. If the respondent has failed 
 to deposit his factum within the time limited by the rule 
 in that behalf, the appellant inscribes ex parte. The 
 appeal is then placed on the proper list by the Registrar, 
 (see section 38), and will be called by the court when 
 reached. 
 
 After judgment is delivered the agent for the success- 
 ful party should apply to the Registrar for an appoint- 
 ment to settle the minutes of the judgment and to- 
 tax the costs. The agent drafts the minutes and bill of 
 costs and serves a copy of these papers with the appoint- 
 ment on the agent of the other party. Both agents 
 attend before the Registrar at the time menfioned in the 
 appointment, and the minutes of judgment are settled and 
 the bill taxed by the Registrar, who issues to the agent an 
 allocatur of the costs, and as soon as judgment is entered 
 certifies and transmits it to the proper officer of the court 
 of original jurisdiction, who thereupon makes all proper 
 and necessary entries thereof; and all subsequent pro- 
 ceedings may be taken thereupon as if the judgment had 
 been given or pronounced in the said court. 
 
 The foregoing is a brief sketch of the proceedings in an 
 ordinary appeal in the Supreme Court. The points 
 touched upon will be found elaborated in the notes to the 
 various sections of the Act and rules of the court. There 
 are provisions and rules relating to certain special classes 
 of appeals, such as election appeals, exchequer appeals, 
 criminal appeals and appeals under the "Winding-up Act, 
 which it is unnecessary to deal with here. They are set 
 
 C.S.E.O. B 
 

 INTIIODICTION. 
 
 out in their proper place in the following pages, and can 
 be readily found by referring to the index. 
 
 In all cases the practice is simple and has worked 
 smoothly and satisfactorily ; but simple as it is, prac- 
 titioners in the court may find the following work useful. 
 
 • m 
 ^Pf 
 
 • 
 
 ^mf 
 
 
 m 
 
 W 
 
 m 
 
 # 
 
 • . •! 
 
TABLE OF CASES CITED. 
 
 Abbott, Fraser v., Dig. 403 No. 100 ; 33, 38. 
 
 Macdonald v., 3 Can. S. C. R. 278 ; 15, 21, 36. 
 AZtna, Insurance Co. v. Brodie, Uig. 383 No. 15 ; 36, 54, 102. 
 Amer v. The Queen, 2 Can. S. C. R. 592 ; 75. 
 
 Angus V. The Board of Trustees for the School District of Calgary, 22i) 
 Archer v. Severn, 9 Ont. P. R, 472 ; 39. 
 Arscott V. Lilley, 14 Ont. App. R. 283 ; 138. 
 Avotte V. Boucher, 9 Can. S. C. R. 400; 22. 
 
 
 Bunk British North .America v. Walker, Dig. 244 No. 30 ; 16. 
 
 Dig. 382 No. 8 ; 19. 
 
 Dig. 381 No. 5; 31, 38. 
 
 Dig 383 No. 14} 85. 54. 
 Bank of Toronto, v. Lo Curi et les Marguilliers, etc , deja Paroissc do 
 
 la Nativity, Dig. 250 No. 40 ; 23, 49. 
 Beamish v. Kaulbach, 3 Can. S. C. R. 704 ; 14, 49. 
 Be.iubien v. Bernatchez, Dig. 252 No. 41 ; 23. 
 Beeswing, The, 10 P. D. 18 ; 137. 
 Bellechasse Election Case, 5 Can S. C. R. 91 ; 82, 85. 
 Bender, Cari^re v., Dig 384 No. 19 ; 36, 105. 
 Bernatchez, Beaubien v.. Dig. 252 No. 41 ; 23. 
 Berthier Election Case, 9 Can. S. C. R. lOS^; 83. 
 
 V. Merchants' Marine Insurance Col^ig. 387 No. 35; 51, 133. 
 
 m. 
 
 
XVIU TABLE OF CASKS CITKD. 
 
 Board of Trustees for the School J)ihtrict of Calgary, The, Aii^uh v , '22'.> 
 Black, Wheeler v., 2 M. L. R. Q. B. 159 ; 23, 3'J. 
 Ulanchard, Bourget v., Dig. 211 No. 27 ; 23. 
 BoHsom, Wallace v., 2 Can S. C. R. 488 ; U. 
 Boucher, Ayotte v., 9 Can. S. C. U. ICiO ; 22. 
 
 In re, Dig. 180 No. 2 ; 27. 
 Bourget v. Blanchard, Dig. 241 No. 27 ; 23. 
 Brassard v. Langevin, 1 Can. S. C. R. 201 ; 130. 
 British Columbia Towing Co., Sewell v., Dig. 381 No, 7 ; 19. 
 Brodie. ^^tiia Insurance Co. v , Dig. 383 No. 15 ; 36, 54, 102, 
 Brunei, Pilon v., 5 Can. S. C. R. 819 ; 138. 
 
 Caldwell v. Stadacona Fire & Life Insurance Co , Dig. 402 No, 96 ; 48. 
 
 Cameron, Domville v., Dig 240 No 33 ; 49. 
 
 Canada Atlantic Railway Co., Stanton v., Dig. 249 No. 37 ; 17. 
 
 CanadftCo. v, Kyle; 20. 
 
 Canada, Ontario v. ; 79. 
 
 Canada Pacific Railway Co, v. Robinson, 14 Can. S. C. R. If 5 ; 13',). 
 
 Canada Southern Railway Co. v. Norvell, Dig. 15 No. 5 ; 51. 
 
 Cari*re v. Bender, Dig. 384 No. 19 ; 30, 105. 
 
 Carson, Martley v., 13 Can. S. C, R. 439 ; 31. 
 
 Carter, Muir v., 228. 
 
 Casey v, Gabourie, 12 Ont. P. R. 252 ; 34, 142, 
 
 Cavander, in re, 16 C. D 270; 137. 
 
 Champoux v. Lapierre, Dig. 244 No. 31 ; 22, 49. 
 
 Chaussee, Stephens v. ; 138. 
 
 Charlevoix Election Case, Dig, 403 No. 99 ; 45, 103. 
 
 Chevallier v. Cuvillier, 4 Can. S. C. R. 605 ; 16. 
 
 Cite de Montreal, la, v. Les Ecclesiastiques du Sominaire de St Sulpice 
 
 de Montreal; 228. 
 City of Montreal v. Labelle ; 138. 
 City of Quebec, Piche v,, Dig. 273 No, 7; 53 
 Clark V. Scottish Imperial Insurance Co., Dig. 390 No, 82 ; 55. 
 Coleman v. Miller, Dif,', 391 No. 61 ; 116. 
 ColviUe, Migotti v., 4 C. P. D, 233 ; 143. :^ 
 
 Cornwall Minerals Railway Co., Harrison v., 18 C. D. 346; 138. 
 Corporation of the City of Three Rivers, Major v,, Dig. 241 No. 26 ; 
 
 14, 49, # 
 Corporation de la Paroisse de Ste. Annedn Bontde L'Isle, Reburn v. ; 23- 
 
 # 
 
 • 
 
 > » • • 
 
TABLK OF CASKS CITED. XIX 
 
 CoHgrave Brewing and Malting Co., Starrs v., Dig. 405 No. lOo ; .'53, 39. 
 Cot6 V. Stadacona Assurance Co., Dig 31)0 No. .'52 ; 44, 103. 
 
 Dig. 391 No. CO; 115. 
 Crowley, Dorion v., Dig. 402 No. 97 ; 48. 
 Dig. 420 No. 12; 61. 
 CumniingB, Gladwin v., Dig. 246 No 32 ; 17. 
 Cuvillier, Chevallier v., 4 Can. S. C. R. fiOo : Ifi. 
 
 Our6, le, et les Marguilliers, etc., drj la Paroisse de la Nativit6 v. Bank 
 of Toronto, Dig 250 No. 40 ; 23. 49. 
 
 D 
 
 Danjou v. Marquis, 3 Can. S. C. R. 251 ; 14, 21, 25, 49, 50, 79. 
 Dansereau, Letourneux v.. Dig. 387 No. 3G; 52. 
 Darling v. Ryan, Dig. 254 No. 44 ; 23 
 Davidson, Lord v.. Dig. 392 No. 63 ; 115. 
 Dawson v. Union Bank, Dig. 247 No. 35 ; 17, 53. 
 Dempsea, Hiddingh v., 12 App. Cases 107 ; 137. 
 Domville v. Cameron, Dig. 240 No. 23 ; u'J. 
 Donovan, Herbert v.. Dig. 418 No. 117; 145. 
 Dorion v. Crowley, Dig. 402 No. 97 ; 48. 
 Dig. 420 No. 12; 51. 
 Drake, Robinson v., 23 C. D. 98; 138. 
 Dumoulin, Langtry v., Dig. 382 No. 10 ; 19, 48. 
 
 
 E 
 
 Earl of Strathmore, ex parte, in re Riddell, 4 T. L. R. 329 ; 36 W. R. 532 ; 
 
 17. 
 Ecclesiastiques du Sfeminaire, etc., de Montreal v. La Cit6 de 
 
 Montreal ; 228. 
 Eureka Woollen Mills v. Moss, 11 Can. S. C. R. 91 ; 50. 
 Exchange Bank v Springer ; 113. 
 
 Eraser v. Abbott, Dig. 403 No. 100 ; 33, 38. 
 Eraser v. Tupper, Dig. 240 No. 24; 17, 27, 52. 
 Freeman v. Read, 11 W. R. 802 ; 143. 
 Eorristal v. Macdonald, Dig. 241 No. 25 ; 94. 
 
XX TABLE OF CASES CITED. 
 
 m 
 
 Gabourie. Casey v., 1'2 Oat. I'. II. 252 ; 34, 142. 
 
 Geddes, Wilkins v., 3 Can. 8. C. R. 203 ; 15. 
 
 Gendron v. McDougall, Dig. 248 No. 36 ; 23, 49. 
 
 Gerriken, Reeves v.. Dig. 3'J7 No. 8S ; 55. 
 
 Gerow, Providence Washington Insurance Co. v. ; 5.5. 
 
 Gibbs, Wheeler v. ; 52. 
 
 Gilraour v. Bull, 1 Kerr. N. B. 94 ; 113. 
 
 Gladwin v. Cummings, Dig. 246 No. 32; 17. 
 
 Glengarry Election Case (Kennedy v. Purcell) ; 83, 86. 
 
 Gloucester Election Case, 8 Can. S. C. R. 205 ; 83. 
 
 Goldie v. Smith, Dig. 397 Nos. 87 and 91 ; 55. 
 
 Grand Trunk Railway Co., Piatt v., 12 Ont. P. R. 380; 34, 142. 
 
 Griffith, Walmsley v., 13 Can. 8. C. R. 434 ; 31. 
 
 DiK. 404 No. 104 ; 33, 39. 
 
 Dig. 407 No. 109; 33. 
 
 Dig. 381 No. 6 ; 38. 
 
 • 
 
 H 
 
 Halifax and Cape Breton, R. R. Co., Hockin v., Dig. 248 No. 28 ; KL 
 
 Hancock, Long, v. ; 48. 
 
 Harrison v. Cornwall Minerals Ry. Co., 18 C. D. 34(3 ; 138. 
 
 Hart, Joyce v., 1 Can. 8. C. R. 321 ; 22. 
 
 Harty, O'Sullivan, v., 13 Can. 8. C. R. 431 ; 31. 
 
 Herbert v Donovan, Dig. 418 No. 117 ; 145. 
 
 Hiddingh v. Dempsea, 12 App. Cases 107; 137. 
 
 Hinds, Pilcher v., 11 C. D. 905 ; 142. 
 
 Hockin v. Halifax and Cape Breton R. R. Co., Dig. 242 No. 2.> ; 10. 
 
 Horn, Monaghan v., 7 Can. 8. C. R. 409 ; 81. 
 
 Hovey v. Whiting, 14 Can. 8. C. R. 516; 16. 
 
 Howe, Lewin v. ; 20, 120. 
 
 Huron, Wright v., Dig. 384 No. 17 ; 3.>. 
 
 
TABLK OF CASES CITRD. XZi 
 
 Joyce V. Hart, 1 Can. S. C. R. 321 ; 22. 
 
 Johnson, tare, Dig. 386 No. 31 ; .")iO No. 4 ; 27, 51, 132. 
 
 K 
 
 Kandick v. Morrison, 2 Can. S. C. R. 12 ; 10. 
 
 Kaulbach, Beamish v., 3 Can S. C. It. 701 ; 11, 49. 
 
 Kean, Kearney v., Di<^. 383 No. 11 ; 35. 
 
 Kearney v. Kean, Dig. 383 No. 11 ; 35. 
 
 Keefer, Merchant's Bank v.. Dig. 396 No. 85 ; 47. 
 
 Kelly V Snlivan, 1 Can. S. (". R. 1 ; 14. 
 
 Kennedy, Purcall v. (Glengarry Election Cass) ; 83, SB. 
 
 Keroack, McKinnon v., 8 C. L. T. 30 ; 16. 
 
 King's County (N. S.) Election Case, 8 Can. S. C. R. 192 ; 83. 
 
 Knight, McCorkill v., Dig. 402 No. 95 ; 22. 
 
 Knight, Penrose v., Dig. 397 No. 90 ; 65. 
 
 Kyle, Canada Co. v. ; :.'0, 
 
 Labelle, City of Montreal v. ; 138. 
 
 Lakin v. Nuttall, 3 Can. 8. C. R. 091 ; 33, 39. 
 
 Lamb, ex parte, 19 C. D. 1G9 ; 37, 143. 
 
 Landry, Theberge v., 2 App. Cases 102 ; 87. 
 
 Langdon v. Robertson, 12 Ont. P. R. 139 ; 34, 142. 
 
 Langevin, Brassard v., 1 Can. S. C. R. 201, 231 ; 130. 
 
 Langlois, Valin v., 5 App. Cases 115 ; 87. 
 
 Langtry v Dumoulin, Dig. 382 No. 10 ; 19, 48. 
 
 Lapierre, Champoux v.. Dig. 244 No. 31 ; 22. 
 
 L'Assomption Election Case ; 83. 
 
 Lauretta, The, 4 P. D. 25 ; 187. 
 
 Lees, Webster v., 3 C. L. T. 504 ; 143. 
 
 Lenoir v. Ritchie, 3 Can. S. C. R. 575 ; 15. 
 
 Letourneux v. Dansereau, Dig. 387 No. 36 ; 52. 
 
 • 
 
XXll TAHIiE OF CASKS CITED. 
 
 Levi V. Roea, (\ Can. f, C. R. 48'.' ; 2-2. 
 
 Lewiu V. Howe; 20. 
 
 Lewin v. Wilaon; 57, 120. 
 
 Leys, Wright v., 10 Ont. Pr. R. Mr.4 ; 1 t:J. 
 
 LeyH. Hievewrigl\t v., Ont. Pr. R. 200; .'U. 
 
 Lilley, Arscott v., U Ont. App R. 28;J : 13d. 
 
 Lincoln Election Case ; 4"». 
 
 L'lslet Election ("aHe ; h;{. 
 
 Long V. Hancock ; 48. 
 
 Lord V. DavidBon, Dig. ;'''.>2 No. <>;! ; lir». 
 
 Mo 
 
 Mac Arthur, May v., Di-,'. 3S4 No. 20; lOG. 
 
 McCall V. Wolff, Difi. 384 No. Ifi ; r>i, 102. 
 
 McCorkill v. Knight, Dig. 402 No. 95 ; 22. 
 
 Macdonald v. Abbott, 3 Can. S. C. R. 27R ; 15, 24. 3(5. 
 
 Macdonald, Forristai v.. Dig. 241 No. 25; 24. 
 
 Macdougall, Gendron v., Dig. 248 No. 36 ; 23, 4!». 
 
 MacGowan v. Mockler, Dig. 239 No. 22 ; 4!), 50. 
 
 Mackinnon v. Keroack. 8 C. L. T. 36 ; 16. 
 
 Macnub v. Wagler, Dig. 407 No. 108 ; 39. 
 
 MacQueen v. The Phoenix Mut. F. Ins. Co., Dig. 396 No. 81 ; 55. 
 
 MacQueen v. The Queen ; 79. 
 
 M 
 
 Maire, <fec., de Terrebonne v. LesSceurs de I'Asile do la Providence, Dig. 
 
 258 No. 43 ; 49. 
 Major V. Corporation of the City of Three Rivers, Dig. 241 No. 20; 14, 49. 
 Manchester Economic Building Society, in re, 24 C. D. 488 ; 34 
 Marquis, Danjou v.. 3 Can. S. C. R. 251 ; 14, 24, 25, 49, 50, 79. 
 Martin v. Roy, Dig. 390 No. 53 ; 45. 103. 
 Martley v. Carson, 13 Can. S. C. R. 439 ; 31. 
 
 Marx, Rumohr v., 18 C. L. J. 444; 19 C. L. J. 10 ; 3 C. L. T. 31 ; 143. 
 Mason v. Cattley, Law Notes 1885, p. 15; 137. 
 May V. MacArthur, Dig. 384 No. 20 ; 106. 
 Merchants' Bank v Keefer, Dig. 308 No. 85 ; 47. 
 
TABLE OF CASKS CITED. XXlll 
 
 MerchantH' Bank, Moffatt v.. II Can. S. C. K. 40; Dig. 382 No. ». ; lU. 
 
 MerchaiitH IJank v. Sinitli, l)i«. ;»'.»•> No. 84 ; 47. 
 
 Merchants' Bank, Whitfield v., Dij,'. m»0 No. r,\ ; 44, lOH. lUi. 
 
 Merchants' Marine Ins. Co., Hoak v., l)i«. 'Ml No. :<"> ; 51, 13:}. 
 
 Mi«otti V. Colvill. 4 V. P. 1). 2:»:S ; lia. 
 
 Miller, Colenian v., Di^- 3'.H No. «l ; lUi, 
 
 Mockler, MacGowan v., Diji. 2:}!» No. 22 ; 4'.>. iV). 
 
 Molfatt V. The Merchants' Hank, 11 Can. 8. C. K. 4(5; Diji. ;}82 No. 'J; 
 
 111. 
 Mona^h in v. Horn, 7 Can. H. C. H. 401) ; 81. 
 Montcalm Klection Case, U Can. S. (;. 11. 1»H ; 8:j. 
 Montmorency Election Case, l)i<,'. H87 No. 3H ; HI. 
 Montreal City Passenger Ry. Co., Parker v.. Dig. iiHo No. 21 ; 54, 102. 
 Morrison, Kanrlick v., 2 Can. H. (;. 11. 12 ; 16. 
 Moss, Eureka Woollen Mills v., 11 Can. K. C. U. 1)1 ; 50. 
 Muir V. Carter, 228. 
 
 N 
 
 Neill V. Travellers' Ins. Co., 1) Ont. App. R. 54 ; 33, 39. 
 
 Nevins, The Queen v.. Dig. 24r) No. 33 ; 14, 4{>. 
 
 North Ontario Election Case, 3 Can. H. C. R. 374 ; 52, 85, 90. 
 
 North Shore Ry. Co., Pion v. ; 57. 
 
 Norvell, Canada Bouthern Ry. Co. v.; Dig. 15 No. 5; 51. 
 
 North York Election Case, Dig. 390 No. 54; 391 No. 55; 45, 90, 108 
 
 Nuttall, Lakin v., 3 Can. S. C. R. 691 ; 33, 39. 
 
 O 
 
 Oliver, Vernon v., Dig. 391 No. 57 ; 116, 
 
 Ontario v. Canada ; 79. 
 
 Ontario & Quebec Railway Co. v. Philbrick, Dig. 397 No. 80 ; 47. 
 
 O'Sullivan v. Harty, 13 Can. S. C. 11. 431 ; 31. 
 
 Ouiniet v. La Societe de Construction Pertnanente des Artisans ; 24. 
 
 Parker v. Montreal City Passenger Railway Co., Dig. 385 No. 21 ; 54, 102. 
 Peak, Shields v., 8 Can. S. C. R. 679 ; 16, 80. 
 Penrose v. Knight, Dig. 397 No. 90 ; 55. 
 
XXIV TABLE OF OASES CITED. 
 
 Philbrick. Ontario & Quebec Railway Co. v., Di^. 397 No. 86; 47. 
 
 Phosnix Mutual Fire Insurance Co., the, McQueen v., Dig. 396 No 81 ; 56 • 
 
 Pich6 V. City of Quebec, Dig. 273 No. 7 ; 53. 
 
 Picton, the, in re, 4 Can. S. C R. 648 ; 80. 
 
 Pilcher v. Hinds, 11 C. D. 905 ; 142. 
 
 Pilon V. Brunet, 5 Can. S. C. R. 319 ; 138. 
 
 Pion V North Shore Railway Co. ; 57. 
 
 Piatt V. Grand Trunk Railway Co., 12 Ont. P. R. 380 ; ill, 142. 
 
 Providence Washington Insurance Co. v. Gerow ; 55. 
 
 Purcell V. Kennedy (Glengarry Election Case) ; 83, 86. 
 
 Queen, the. v. Amer, 2 Can. S. C. R. 592 ; 75. 
 V. McQueen ; 79. 
 
 V. Nevins, Dig. 246 No. 33 ; 14, 49. 
 V. Taylor, 1 Can. S. C. R. 65 ; 33. 
 
 R 
 
 Ramsay, Reid v., Dig 238 No. 21 ; 16, 35, 49. 
 
 Rankin, Roblee v., 11 Can. S. C. R. 137; 16. 
 
 Rattray v. Young, Dig. 400 No. 92 ; 35, 121. 
 
 Read, Freeman v., 11 W. R. 802 ; 143. 
 
 Rebarn v. La Corporation de la Paroisse de Ste. Anne du Bout de L'Isle ; 
 
 23. 
 Reed, Levi v., 6 Can. S. C. R. 482 ; 22. 
 Reeves v. Gerriken, Dig. 397 No. 88 ; 55. 
 Regina v. Shropshire Justices, 8 A. & E. 173 ; 143. 
 Reid V. Ramsay, Dig. 238 No. 21 ; 16. 36, 49. 
 Riddell, in re, ex parte Earl of Stratlimore, 4 T. L. It. 329 ; 36 W. K. 532 ; 
 
 17. 
 Ritchie, Lenoir v., 3 Can. S. C. R. 575 ; 15. 
 Robertson, Langdon v., 12 Ont. P. R. 139 ; 34, IVI. 
 Wigle V. ; 81,227. 
 
TABLE OF CA8E8 CITED. XXV 
 
 Robinson, Canadian Pacific Railway Co. v., 14 Cpu. S. C. R. 106; 131>. 
 
 V. Drake, 23 C. D. 98 ; 138. 
 Roblee v. Rankin, 4 Can. S. C. R. 137 ; 16. 
 Rooney, Schroeder v., Dig. 225 No. 6 ; 15. 
 Roy, Martin v., Dig. 390 No. 53 ; 45, 103. 
 
 Rumohr v. Marx, 18 C. L. J. 444 ; 19 C. L. J. 10; 3 C. L. T. 31 ; 148, 
 Russell Election Case; 45. 
 Ryan, Darling v., Dig. 254 No. 44; 28. 
 
 8 
 
 Schroeder v. Rooney, Dig. 225 No. 6 ; 15. 
 
 Schultz V. Wood, G Can. S. C. K. 585 ; 19. 
 
 Scottish Imperial Insurance Co., Clark v., Dig. 396 No. 82 ; 55. 
 
 Severn. Archer v., 9 Ont. P. R. 472 ; .39. 
 
 Sewell V. British Columbia Towing Co., Dig: 381 No. 7, 19. 
 
 Shaw V. St. Louis, 8 Can. S. C. R. 387 ; 16. 
 
 Sheriff, Swim v., Dig. 77 No. 14 ; 53. 
 
 Shields V. Peak, 8 Can. S. C. R. 579 ; 16. 
 
 Shropshire Justices, Regina v., 8 A. & E. 173 ; 143. 
 
 Sievewright v. Leys, 9 Ont. P. R. 200 ; 34. 
 
 Smith V. Goldie, Dig. 397 No. 91 : 55. 
 
 Smith, Merchants' Bank v.. Dig. 396 No. 84 ; 47. 
 
 Society de Construction Permanente des Artisans, Ouimet v. ; 24. 
 
 SoBurs, les, de L'Asile de la Providence, le Maire, etc., de Terrebonne, v., 
 
 Dig. 253 No. 43; 49. 
 Soulanges Election Case, Dig. 390 No. 64 ; 45. 
 Souther. Wallace v.. Dig. 383 No. 12 ; 391 No. 56; 35, 54. 116. 
 Springer, Exchange Bank v. ; 113. 
 Sproule, in re, 12 Can. S. C. R. 140; 28. 
 Stadacona Fire & Life Assurance Co., Caldwell v., Dig. 402 No. 96 ; 
 
 391 No. 60 ; 48, 115. 
 Stadacona Fire A Life Assurance Co., Cot6 v , Dig. 390 No. 52 ; 44, 103. 
 Stanton v. Canada Atlantic Railway Co , Dig. 249 No. 37 ; 17. 
 Starrs v. Cosgrave Brewing and Malting Co., Dig. 405 No. 105 ; 33. 39. 
 Steam Propeller St. Magnus (Robertson v. Wigle) ; 81, 103. 
 Stephens v. Chaussee ; 138. 
 St. Louis, Shaw v., 8 Can. S. C. R. 387 ; 16. 
 Sulivan, Kelley v., 1 Can 8. C. R. 1 ; 14. 
 awim V. Sheriff, Dig. 77 No. 14 ; 63. 
 
• 
 
 XXVI TABLE OF CASES CITED. 
 
 Taylor, The Queen v., 1 Can. S. C. R. (55 ; 33. 
 Theberge v. Lanrlry, 2 App. Cases 102 ; 87. 
 Travellers' Ins. Co., Neill v., 9 Ont. App. R. 54 ; ^3. 
 Trepannier, inre, 12 Can. S. C. R. Ill ; Dig. 182 No. 8 ; 28. 
 Tupper, Eraser v., Dig. 240 No. 24 ; 17, 27, 52. 
 
 U 
 Union Bank, Dawson v.. Dig. 247 No. 35 ; 17, 53. 
 
 Valin V. Langlois, 5 App. Cases 115 ; 87. 
 Vernon v. Oliver, Dig. 391 No. 57 ; 116. 
 
 • 
 
 W 
 
 Wagler, Macnab v., Dig. 407 No. 108 ; 39. 
 
 Walker, Bank B. N. A. v., Dig. 244 No. 30 ; 382 No. 8 ; 381 No. 6 ; 383 
 
 No. 14 ; 16, 19, 31, 35, 38, 54. 
 Wallace v. Bossom, 2 Can. S. C. R. 488 ; 15. ii 
 
 Wallace v. Souther, Dig. 383 No. 12 ; 391 No. 56 ; 35, 54, 110. 
 Walmsley v. Griffith, 13 Can. S. C. R. 434 ; Dig. 404 No. 104 ; 407 No. 
 
 109 ; 381 No. 6 ; 31, 33, 38, 39. 
 Webster v. Lees, 3 C. L. T. 504 ; 143. 
 Western Counties Ry. Co. v. Windsor & Annapolis Ry. Co, Dig. 391 No. 
 
 58; 116. 
 Wheeler v. Black, M. L. R. 2 Q, B. 159 ; 23, 39. ^ 
 
 Wheeler v. Gibbs ; 62. 1 
 
 Whitfield v. The Merchants' Bank, Dig. 390 No. 51 ; 44, 103. 116. 
 Whiting Hovey v., 14 Can. S. C. R. 515; 16. 
 
TABLE OF CASES CITED. 
 
 XXVll 
 
 IWigle V. Robei'tson ; 81, 227. 
 Wilkins v. Geddes, 3 Caii. S. C. R. 203 ; 15. 
 Wilson, Lewin v. ; 57. 
 
 Winnipeg v. Wright, 13 Can. S. C. R. 441 ; 31, 44, 103. 
 Wood, Scluiltz v., 6 Can. S. C. R. 585 ; 19. 
 Wolff, McCall v., Dig. 384 No. 16 ; 54, 102. 
 Wright V. Huron, Dig. 384 No. 17 ; 35. 
 Wright V. Leys, 10 Ont. P. R. 354 ; 143. 
 Wright, Winnipeg v.jJL3 Can. S. C. R. 441 ; 31, -H, 103. 
 
 Young, Rattray v.. Dig. 400 No. 92 ; 55, 12' 
 
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 SUPREME AND EXCHEQUER COURTS ACT. 
 
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• • • 
 
 REVISED STATUTES*OI- CANADA. • 
 
 •? 
 
 A.D. 1886. 
 
 ♦ CHAPTER 135. ^ 
 
 An Act rOTpecting the Supreme and Exchequer Courts. 
 
 The Revised Statutes of Canada came into iorce on the IsV day of 
 March, 1887, by proclamatfbn issuedon the 24th January, 1887, (see R. 8. 
 0., p. 15.). under the authority of section 4 of chapter 4 of 49 Victoria. 
 Theretlpon among other Acts which were repealed were : ■< 
 
 {a) The Supreme and Exchequer Courts Act, 38 V., c. 11, by which 
 the Supreme and Exchequer Courts of Canada were originally estab- 
 lished. * 
 
 (6) The Supreme Court Amendment Act, 1876, 39 V., c. 26. W 
 
 (c) T^e Supreme Court Amendment Aot, 1879, 42 V.yc. 39. 
 
 (d) The Supreme Court Amendment Act, 1880, 43 V., c. 34. ^ 
 
 These repealed Acts were consolidated by R. S. C, c. 135, Which 'may 
 be cited as " The Supreme and Exchequer Co€M9 Act" ' (s. 1, infra). "' 
 
 # m " m 
 
 49 v., c. 4, s. 8, provides '. , W 
 
 " 8. The said Revised Statutes shall not be held to operate as new 
 laws, but shall be construed and have effect as a consolidation, and as 
 declaratory of the law as contained in the said Acts and parts of Acts 
 so repealed, and for which the said Revised Statutes are substituted : 
 
 "2. But if upon any point the provisions of the said Revised Statutes 
 are not'ln effect the same as those of the repealed Acts and parts of Acts 
 for which they are substituted, then, as i*<espects all transactions, m||i|ers 
 and things subsequent to the time wlieii'the said Revised Statutei^ake ^ 
 effect, the provisions contained in them shall prevail, but as respects all 
 transactions, matters and things anterior to the said time, the provisions 
 of the said repealed Acts and parts of Acts shall prevail." 
 
 C.8.E.C. W W 1 
 
 K 
 
« 
 
 2 6UPKEME AND EXCHEQUER COURTS ACT. 
 
 By 50-51 v., c. 16, " An Act to amend* The Supreme and Exchequer 
 Courts Act ' and to make better provision for the trial of claims against the 
 Crown," numerotlB amendments have been made in the jurisdiction and 
 practice of the Supreme Court. The most important chanfje made by 
 this Act is the takin" away all original Excliequer Court jurisdiction 
 from the Supreme Court Judges. 
 
 By 50-51 v., c. 60, " an Act to amsnd the law respecting Procedure in 
 'M Criminal Cases," the sections in the Supreme and Exchequer Courts 
 Act relating to criminal appeals have been repealed and substantially 
 re-enacted as part of the Criminal Procedure Act. It contained also a 
 provision making the judgment of the Supreme Court final in any such 
 case, and taking away any appeal to England. By 51 V., c. 43, the 
 sub-section dealing with this question of appeal has been repealed and 
 re-enacted, in terms intended to make it still clearer that no appeal to 
 the Privy Council should lie in criminal matters. 
 
 And finally, by 51 V., c. 37, s. 19, of the Supreme ana Exchequer Courts 
 # Act, relating to the quorum of the court, as amended by 50-51 V., c. 16, 
 sell. A., has been repealed and another section substituted to enlarge 
 the power to give judgments in certain oircurastances ; and the jurisdic- 
 tion of the court has been further extended to certain cases not arising in 
 a superior court. # 
 
 TTER Majesty, oy and with the advice and consent of 
 -L-^ the Senate and House of Commons of Canada, 
 enacts as follows : 
 
 Short Title. ^ ^ HI 
 
 i. This Act may be cited as " The Stiprenie and Ex- 
 chequer Courts Act." 38 V., c. 11, s. 81. 
 
 Interpretation. — "Supreme Court." — "Exchequer 
 Court."— " Judge." — "Judgment." — " Final judg- 
 ment."— " Appeal."— ^J The court appealed from." 
 
 2, In this Act, unless the context otherwise requires — 
 
 (a) The expression "the Supreme Court" or "the court" 
 means tltte Supreme Court of Canada. 
 
 §{b) The expression " the Exchequer Court " means tOTP 
 Exchequer Court of Canada. H 
 
SUPREME AND EXCHEQUER COURTS ACT. 9 
 
 '(c) The expression " judge " includes the chief justice. 
 
 (d) The expression "judgment," when used with refer- 
 ence to the court appealed from, includes any judgment, 
 rule, order, decision, decree, decretal order, or sentence 
 thereof; and when used with reference to the Supreme 
 Court, includes any judgment or order of that court. 
 
 (e) The expression " final judgment " means any judg- 
 ment, rule, order, or decision, wnereby the action, suit, 
 cause, matter, or other judicial proceeding, is finally 
 determined and concluded. 
 
 (/) The expression " appeal " includes any proceeding 
 to set aside or vary any judgment of the court appealed 
 from. 
 
 ig) The expression "the court appealed from " means 
 the court from which the appeal is brought directly to the 
 Supreme Court, whether such court is a court of original 
 jurisdiction or a court of appeal. 38 V., c. 11, ss. 2, 5 & 
 11 ; 42 v., c. 39, s. 9. 
 
 See also the Interpretation Act, R. S. C, c. 1: Appendix I. Hr 
 
 Courts continued. 
 
 [8. The court of common law and equity in and for 
 Canada, now existing under the name of " the Supreme 
 Court of Canada," is hereby continued under such name, 
 and shall continue to be a court of record.] 
 
 Section substituted by 50-51 V., c. 16, sch. A. The section originally 
 provided for the continuance also of the Exchequer Court. 
 
 By section 101 of the British North America Act, 18G7, it is provided 
 that: 
 
 " The Parliament of Canada may, notwithstanding anything in this 
 Act, from time to time, provide for the constitution, maintenance, and 
 organization of a general court of appeal for Canada, and for the estab- 
 lishment of any additional courts for the better administration of the 
 laws of Canada." 
 
• 
 
 4 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Under this section the Supreme Court of Canada was organized 
 and established jn 1875 by 38 V., c. 11. But it can be said to be in only 
 a limited sense a general court of appeal for Canada, for the existiuR 
 right of appeal in the various provinces to the Privy Council has been 
 left untouched. Nor can it be called a final court of appeal for Canada, 
 inasmuch as the Privy Council has frequently entertained appeals from 
 its judgments by virtue of the exercise of the royal prerogative. See 
 section 71 and notes. See also Criminal Appeals and notes to, 50-51 V.. 
 c. 50, s. 1. 
 
 THE JUDGES. 
 
 Constitution of court. 
 
 4. The Supreme Court shall consist of a chief justice 
 and five puisnd judges, who shall be appointed by the 
 Governor in Council by letters patent under the Great 
 Seal. 
 
 Who may be appointed judge. 
 
 2. Any person may be appointed a judge of the court 
 who is or has been a judge of a superior court of any of 
 the provinces of Canada, or a barrister or advocate of at 
 least ten years' standing at the bar of any of the said 
 provinces. 
 
 Judges from bar of Quebec. 
 
 3. Two at least of the judges of the court shall be 
 appointed from among the judges of the Court of Queen's 
 Bench, or of the Superior Court, or the barristers or 
 advocates, of the Province of Quebec. 
 
 No other office of profit to be held. 
 
 4. No judge of the court shall hold any other office of 
 emolument, either under the Government of Canada or 
 under the government of any province of Canada. 
 
 Residence. 
 
 5. The judges of the court shall reside at the city of 
 Ottawa, or within five miles thereof. 38 V., c. 11, s. 3, 
 part, and ss. 4 & 10. 
 
SUPREME AND EXCHEQUER COURTS ACT. 6 
 
 Tenure of office. 
 
 5. The judges of the court shall hold office during good 
 behavior, but shall be removable by the Governor-General 
 on address of the Senate and House of Commons. 38 V., 
 c. 11, 8. 5. * 
 
 6. [Repealed by 50-51 V., c. 16, sch. A.] 
 
 Salaries and how payable. 
 
 7. There shall be paid and payable out of the Consoli- 
 dated Revenue Fund of Canada, the yearly sums following, 
 as and for the salaries of the said judges, that is to say : 
 to the chief justice the sum of eight thousand dollars, and 
 to each of the puisn^ judges the sum of seven thousand 
 dollars, which sums shall be paid, free and clear of all 
 deductions whatsoever, by monthly instalments ; the first 
 payment shall be made pro rata on the first day of the 
 month which occurs next after the appointment of the 
 judge entitled to receive the same ; and if any judge 
 resigns his office or dies, he or his executor or adminis- 
 trator shall be entitled to receive such proportionate part 
 of the salary aforesaid as has accrued during the time that 
 he has executed such office since the last payment. 38 V., 
 c. 11, s. 6. 
 
 As amended by 50-51 V., c. 16, sch. A. The original section has been 
 amended by striking out the words "as judges of both courts " after the 
 word "judges "in the third line. 
 
 Retiring allowances and how payable. 
 
 8. If any judge has continued in the office of judge of 
 [the said court] for fifteen years or upwards, or in the said 
 office and that of judge of one or more of the superior 
 courts, or of the courts of vice-admiralty in any of the 
 provinces of Canada, for periods amounting together to 
 fifteen years or upwards, or becomes atticted with a per- 
 
n SUPREME AND EXCHEQUER COURTS ACT. 
 
 manent infirmity, disabling hira from the due execution of 
 his office, and if such judge resigns his office, Her Majesty 
 may, by letters patent under the Great Seal of Canada, 
 reciting such period of office, or such permanent infirmity, 
 grant unto such judge an annuity equal to two-thirds of 
 his salary as such judge at the time of his resignation, 
 to commence immediately after his resignation and to con- 
 tinue thenceforth during his natural life, and to be payable 
 by monthly instalments, and pro rata for any period less 
 than a year during such continuance, out of any unappro- 
 priated moneys forming part of the Consolidated Revenue 
 Fund of Canada. 38 V., c. 11, s. 7. 
 
 As amended by 50-51 V., c. 16, sch. A. The word "Courts" in the 
 second line has been ohanged to " Court." 
 
 Oath to be taken. 
 
 O. Every judge shall, previously to entering upon the 
 duties of his office as such judge, take an oath in the form 
 following : 
 
 Form of oath. 
 
 "I, , do solemnly and sincerely promise 
 
 and swear that I will duly and faithfully, and to the best 
 of my skill and knowledge, execute the powers and trusts 
 reposed in me as chief justice {or as one of the judges) of 
 the Supreme Court of Canada. So help me God." 38 V., 
 c. 11, 88. 8 and 60. 
 
 As amended by 50-51 V., c. 16, sch. A. The original section has been 
 amended by striking out the words "and of the Exchequer Court" after 
 the word "Court." 
 
 How administered. 
 
 lO* Such oaths shall be administered to the chief justice 
 before the Governor-General, or person administering the 
 Government of Canada, in Council, and to the puisn^ 
 
SUPREME AND EXCHEQUER COURTS ACT. T 
 
 judges by the chief justice, or, in his absence or illness, by 
 any other judge of the court present at Ottawa. 38 V., 
 c. 11, s. 9 ; 42 v., c. 39, s. 12. 
 
 REGISTRAR AND OTHER OFFICERS. 
 
 Appointment of registrar— Clerks and servants. 
 
 11. The Governor in Council may, by an instrument 
 under the Great Seal, appoint a fit and proper person, 
 being a barrister of at least five years' standing, to be the 
 registrar of the Supreme Court, and such registrar shall 
 hold office during pleasure, shall reside and keep an office 
 at the city of Ottawa, and shall be paid a salary of two 
 thousand six hundred dollars per annum ; and the Gover- 
 nor in Council may, from time to time, appoint such other 
 clerks and servants of the Supreme Court as are necesswy, 
 all of whom shall hold office during pleasure. 38 V., c. 11, 
 s. 69. 
 
 As amended by 50-51 V., c. 16, sch. A. The original section has been 
 amended by striking out the words " and of the Exchequer Court" after 
 the words " Supreme Court " in the 9th line. 
 
 By Bule 83 the Registrar has been given all the powers and authority 
 of a Judge in Chambers, except in habeag corpus and certiorari matters, 
 subject to an appeal to a judge. Under the provisions of section 112 of 
 the Act, he also acts as Publisher of the Reports. And by 51 V., c. 37, 
 8. 4. he has the management and control of the Library of the Court, 
 under the supervision of the Minister of Justice. 
 
 Reporters. 
 
 [13. The Governor in Council may appoint a reporter 
 and assistant reporter, who shall report the decisions of 
 the Supreme Court, and who shall be paid such salaries 
 respectively as the Governor in Council determines.] 
 
 This section has been substituted for original section by 50-51 V,, c. 
 It), sch. A. Under the authority of section 112 the Registrar is the 
 Publisher of the Reports. 
 
8 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Civil Service and Superannuation Acts to apply. 
 
 14. The provisions of " The Civil Service Act " and of 
 " The Civil Service Superannuation Act " shall, so far as 
 applicable, extend and apply to such officers, clerks, and 
 servants at the seat of Government. 39 V., c. 26, s. 38. 
 
 Sheriff. 
 
 15. The sheriff of the county of Carleton, in the Pro- 
 vince of Ontario, shall be ex officio an officer of the 
 Supreme Court, and shall perform the duties and functions 
 of a sheriff in connection therewith. 40 V., c. 22, s. 3. 
 
 As amended by 50-51 V., c. 16, sch. A. The original section has been 
 amended by striking out the words " and of the Exchequer Court " after 
 the words " Supreme Court." 
 
 The remuneration of the sheriff for attendance on the Supreme Court 
 is regulated by order-in-council. 
 
 BARRISTERS AND ATTORNEY^. 
 
 Who may practise as barristers. 
 
 16. All persons who are barristers or advocates in any 
 of the Provinces, may practise as barristers, advocates and 
 counsel in the Supreme Court. 38 V., c. 11, s. 76. 
 
 As amended by 50-51 V., c. 16, sch. A. The original section has been 
 amended by striking out the words " and the Exchequer Court " at the 
 end thereof. 
 
 And as Qolicitors. 
 
 IT. All persons who are attorneys or solicitors of the 
 superior courts in any of the Provinces, may practise as 
 attorneys, solicitors and proctors in the Supreme Court. 
 38 v., c. 11, s. 77. 
 
 As amended by 50-51 V., c. 16. sch. A. The original section has been 
 amended by striking out the words " and Exchequer Court " at the 
 end thereof. 
 
SUPREME AND EXCHEQUER COURTS ACT. 9 
 
 Practitioners to be officers of the court. 
 
 18. All persons who may practise as barristers, advo- 
 cates, counsel, attorneys, solicitors or proctors in the 
 Supreme Court, shall be officers of such [court] . 38 V., 
 c. 11, s. 78. 
 
 As amended by 50-51 V., c. 16, sch. A. The original section has been 
 amended by striking out the words " or Exchequer Court " after the 
 words " Supreme Court" and by substituting the word " Court " for 
 " Courts respectively " at the end of the section. 
 
 See Rule 16 and notes as to the appointment of agents or election of 
 domicil by solicitors and attorneys practising in the Supreme Court, 
 
 THE SUPKEME COURT. 
 
 SESSIONS AND QUORUM. 
 
 Quorum of judges— Judgment may be given by a 
 majority of the judges who have heard the case. 
 
 19. [Any five of the judges of the Supreme Court sliall 
 constitute a quorum and may lawfully hold the court : 
 Provided always, that it shall not be necessary for all the 
 judges who have heard the argument in any case to be 
 present in order to constitute the court for delivery of 
 judgment in such case, but in the absence of any judge, 
 from illness or any other cause, judgment may be delivered 
 by a majority of the judges who were present at the hear- 
 ing ; and in such case it shall not be necessary tor five 
 judges to be present at the delivery of such judgment ; 
 and any judge who has heard the case and is absent at 
 the delivery of judgmeijt, may hand his opinion in writing 
 to any judge present at the deUvery of judgment, to be 
 read or announced in open court, and then to be left with 
 the registrar or reporter of the court. j 38 V., c. 11, ss. 3 
 & 12 ; 42 v., c. 39, s. 18. 
 
 The above is the section substituted by the Act passed in 1888, 51 V., 
 c. 37, " An Act further to amend ' The Supreme and Exchequer Courts 
 
10 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Act,' chapter one hundred and thirty-five of the Revised Statutes of 
 Canada," for sec. 19 of the revised Act, as amended by 50-51 V., c. 16» 
 sch. A. 
 
 The section thus substituted has been considered by the court suf- 
 ficiently wide to enable judgment to be given by a majority of judges in 
 cases in which one of the five judges who have constituted the quorum 
 of the court for hearing such cases has died before 'he delivery of 
 judgment. 
 
 Rule 73 provides that, " If it happens at any time that the number of 
 judges necessary to constitute a quorum for the transaction of busicess 
 to be brought before the court is not present, the judge or judges *,hen 
 present may adjourn the sittings of the court to the next or some other 
 day, and so on from day to day, until a quorum shall be present." 
 
 Three sessions of appeal yearly. 
 
 SO. The Supreme Court, for the purpose of hearing and 
 determinir. J appeals, shall hold in each year, at the city of 
 Ottawa, three sessions ; the first beginning on the third 
 Tuesday of February, the second, on the first Tuesday in 
 May, and the third, on the fourth Tuesday in October, in 
 each year ; and each of the said sessions shall be continued 
 until the business before the court is disposed of. 42 V., 
 c. 39, s. 16. 
 
 Power to adjourn. 
 
 21. The Supreme Court may adjourn any session from 
 time to time, and meet again at the time appointed for the 
 transaction of business ; and notice of such adjournment 
 and of the day fixed for the continuance of such session 
 shall be given by the registrar in the Canada Gazette. 38 
 v., c. 11, s. 14, part. 
 
 • 
 
 The Court may be convened at any time. 
 
 22. The court may be convened at any time by the chief 
 justice, or, in the event of his absence or illness, by the 
 senior puisn^ judge, in such manner as is prescribed by the 
 rules of court. 38 V., c. 11, s. 14, part. 
 
SUPREME AND EXCHEQUER COURTS ACT. 11 
 
 Rule 12 provides for the ' n' Mcation in the Canada Gazette of a notice 
 convening the court, and for the form of such notice, see Schedule A. 
 appended to the rules. 
 
 Rule 73 provides that, " If it happens at any time that the number of 
 judges necessary to constitute a quorum for the transaction of the busi- 
 ness to be brought before the court is not present, the judge or judges 
 then present may adjourn the sittings of the court to the next or some 
 other day, and so on from day to day until a quorum shall be present." 
 
 JURISDICTION — APPEALS. 
 
 Jurisdiction over all Canada. 
 
 33. The Supreme Court shall have, hold and exercise an 
 appellate, civil and criminal jurisdiction within and 
 throughout Canada. 38 V., c. 11, s. 15. 
 
 Appeal. 
 24. An appeal shall lie to the Supreme Court, — 
 
 From final judgments. 
 
 (a) From all final judgments of the highest court of 
 final resort now or hereafter established in any Province of 
 Canada, whether such court is a court of appeal or of 
 orig'nal jurisdiction, in cases in which the court of 
 original jurisdiction is a superior court ; 
 
 Upon a special case. 
 
 (h) From the judgment upon a special case unless the 
 parties agree to the contrary, and the Supreme Court shall 
 draw any inference of fact from the facts stated in the special 
 case which the court appealed from should have drawn ; 
 
 Points reserved. 
 
 (c) From the judgment upon any motion to enter a ver- 
 dict or non-suit upon a point reserved at the trial ; 
 
12 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Motion for new trial. 
 
 (d) From the judgment upon any motion for a new trial 
 upon the ground that the judge has not ruled according to 
 law ; 
 
 As to notice of appeal to be given in cases specified in paragraphs 
 (b), (c) and (rf), see section 41. 
 
 Decrees in equity courts. 
 
 (e) From any judgment, decree, decretal order, or order 
 in any action, suit, cause, matter or other judicial proceed- 
 ing originally instituted in any superior court of equity in 
 any Province of Canada other than the Province of Quebec, 
 and from any judgment, decree, decretal order, or order in 
 any action, suit, cause, matter or judicial proceeding, in 
 the nature of a suit or proceeding in equity, originally insti- 
 tuted in any superior court in any Province of Canada other 
 than the Province of Quebec ; 
 
 See also section 26, sub-section 3, and section 27. 
 
 Motion to set aside av^ard. 
 
 (/) From the judgment, rule, order or decision upon 
 any motion to set aside an award, or upon any motion by 
 way of appeal from an award made in any superior court 
 in any of the Provinces of Canada other than the Province 
 of Quebec ; # 
 
 Habeas corpus, mandamus and municipal by-laws. 
 
 (g) From the judgment in any case of proceedings for 
 or upon a writ of habeas corpus, not arising out of a criminal 
 charge, — and in any case of proceedings for or upon a writ 
 of mandamus, — and in any case in which a by-law of a 
 municipal corporation has been quashed by rule or order of 
 court, or the rule or order to quash it has been refused 
 after argument. 38 V., c. 11, s. 11, part, s. 17, part, and 
 ss. 18, 19, 20 and 23 ;— 42 V., c. 39, ss. 1, 4 and 13. 
 
SUPREME AND EXCHEQUER COURTS ACT. 13 
 
 [ (h) And in cases in the Provinces of Nova Scotia, New 
 Brunswick, British Columbia and Prince Edward Island, 
 wherein the sum or value of the matter in dispute amounts 
 to two hundred and fifty dollars or upwards, in which the 
 court of first instance possesses concurrent jurisdiction 
 with a superior court.] 
 
 Paragraph (/t) has been added by 50-51 V., c. 16, sch. A., and amended by 
 section 2 of chapter 37 of 51 V., an Act further to amend the Supreme 
 and Exchequer Courts Act, by which British Columbia was added to the 
 other Provinces named in the paragraph. 
 
 The jurisdiction of the county courts in the various provinces named 
 in this paragraph is regulated by the following statutes : Nova Scotia : 
 Revised Statutes, 5th series, c. 105, as. 16, 17, 27, 91. New Brunswick : 
 45 v., c. 9, 88. 2 & 3, and C. S. N. B., c. 51, s. 51. British Columbia : 
 48 V., c. 7. Prince Edward Island. 41 V., c. 12. 
 
 For extended extracts from these statutes, see Appendix II. 
 
 [ (t) And also by leave of the court or a judge thereof 
 from the decision of the Supreme Court of the North-west 
 Territories, although the mntter may not have originated 
 in a superior court.] 
 
 By section 7 of the Interpretation Act, (see Appendix I.,) paragraph 13, 
 the expression " Province " includes the North-west Territories ; and by 
 paragraph 31, of the same Act, ttie expression " Superior Court " mearis 
 in the North-west Territories, the Supreme Court of the North-west 
 Territories. 
 
 By 49 v., c. 25, s. 2, it is provided that : 
 
 "Every Act of the Parliament of Canada, except in so far as otherwise 
 provided in any such Act, and except in so far as the same is, by its 
 terms, applicable only to one or more of the Provinces of Canada, or in 
 so far as any such Act is, for any reason, inapplicable to the Territories, 
 shall, subject to the provisions of this Act, apply and be in force in the 
 Territories." 
 
 Further, 50-51 V., c. 16, sch. A., has amended section 58 of the 
 Supreme and Exchequer Courts Act, by inserting therein the words, 
 " North-west Territories," thus providing for the entry of appeals from 
 the Territories on the list of appeals to be heard. 
 
 It would seem that under these provisions an appeal would lie from the 
 Supreme Court of the North-west Territories. But if any doubt existed 
 
14 SUPREME AND EXCHEQUER COURTS ACT. dl| 
 
 on this point it lias been removed by the amendment made by the addi- 
 tion of paragraph (i) to section 24. It is submitted, however, that this 
 amendment has been made to extend a jurisdiction ah'eady given. If 
 HO, the word " Court" in this paragraph meaning the Supreme Court of 
 Canada, (see section 2, paragraph (a). Supreme and Exchequer Courts 
 Act,) the leave to api^eal must be obtained from this court or a judge 
 thereof when an appeal is sought in a case which has not originated in 
 the Supreme Court of the North-west Territories. But when a case 
 has originated in the last mentioned court, the leave may be granted by 
 either the Supreme Court of Canada or a judge thereof, or by the 
 Supreme Court of the Territories or a judge thereof, as in other cases to 
 which section 40 of the Supreme and Exchequer Courts Act is 
 applicable. 
 
 REQUIREMENTS TO GIVE JURISDICTION. 
 
 1. The first essential to give jurisdiction is that the case shall have 
 originated in a Superior Court, if not coming within the exceptions in 
 paragraphs (h) and (i) of section 24. 
 
 See Beamish v. Kaulbach, 3 Can. S. C. R. 704, ir. which the cause 
 originated in the Court of Wills and Probate of Lunenbui'g, Nova Scotia. 
 
 Major v. Corporation of the city of Three Rivers, Dig. S. C. D. p. 241, No. 
 2G, followed in Mayor, etc., of Terrebonne v. The Sisters of the Providence 
 Asylum, Ibid. p. 253, No. 43, in which the action originated in the Circuit 
 Court of the Province of Quebec. 
 
 The Queen v. Nevins, Ibid. p. 246, No. 33, in which the proceedings 
 originated in a conviction by a j ustice of the peace, and had been brought 
 by certiorari before the Court of Queen's Bench for Manitoba. 
 
 Cases originating in a county court or other court of inferior jurisdic- 
 tion, subject to the exceptions provided for by paragraphs (h) and (i), 
 would not be appealable to the Supreme Court, although they may be 
 appealable to the highest Court of Appeal of the Province. 
 
 2. The appeal must come from the highest court of final resort in a 
 Province. See section 26, which is an enlargement of paragraph (a) of 
 section 24, and which makes certain exceptions to the general rule. 
 
 In Kelly v. Sulivan, 1 Can. S. C. R. 1., it was held that the Supreme 
 Court of Judicature of Prince Edward Island is the coui-t of last resort 
 in that Province. In that case it was contended that the Lieutenant- 
 Governor in Council constituted a court of error and appeal. 
 
 In Danjou v. Marquis, 3 Can. S. C. R. 251, it was held that the appeal 
 in cases of mandamus was restricted to the highest court of final resort ia 
 
SUPREME AND EXCHEQUER COURTS ACT. 15 
 
 the Province, and that an appeal will not lie from any court in the 
 Province of Quebec but the Court of Queen's Bench. 
 See also Macdonald v. Abbott, 3 Can. S. C. R. 278. 
 
 3. The appeal must be from a final judgment— paragraph (n), 
 section '24. 
 
 Section 28 further provides as follows : 
 
 " Except as provided in this Act or in the Act providing for the 
 appeal an appeal shall lie only from final judgments in actions, suits, 
 causes, matters and other judicial proceedings originally instituted in 
 the Superior Court of the Province of Quebec, or originally instituted in 
 a superior court in any of the Provinces of Canada other than the Pro- 
 vince of Quebec." 
 
 " Except as provided in this Act :" Appeals in judicial proceedings in 
 Courts of Equity are not confined to final judgments. See paragraph (e) 
 section 24, and sub-section 3 of section 26 ; see also section 30 and notes, 
 as to cases provided for by that section. Except * * "in the Act 
 providing for the appeal : " see Exchequer appeals. Election appeals 
 and appeals under the Winding up Act ; (section 25.) Appeals from the 
 Maritime Court are only from " every decision of the court having the 
 force and effect of a definitive sentanca or final order." See Maritime 
 Court Act, section 18. 
 
 A rule setting aside a judgment obtained against a defendant insol- 
 vent, who had neglected to plead his discharge before judgment, as he 
 might have done, and who the court held was estopped from setting it 
 up afterwards to defeat the execution, is a final judgment, from which 
 an appeal will lie. Wallace v. Bossom, '2 Can. S. C. R. 488. But see 
 Schroeder v. Rooney, Dig. S. C. D., p. 225, No. 6, in which it was doubted, 
 if an appeal lay from a judgment dealing with an order made by the 
 judge of fii'st instance setting aside a judgment for fraud. 
 
 An order made by a court in the exercise of the summary jurisdiction 
 which a superior court has over its immediate officers, on an application 
 by a third party to the court to compel a prothonotary to pay over 
 interest received by him, is an order from which an appeal will lie. 
 Wilkim v. Geddes, 3 Can. S. C. R. 203. 
 
 An order making absolute a rule nisi obtained by respondent to confirm 
 his rank and precedence as Queens Counsel, was held an order from 
 which an appeal would lie. Lenoir v. Ritchie, 3 Can. S. C. R. 575. 
 
 In an action instituted in the Superior Court of the Province of Quebec 
 against ten defendants, the declaration claimed an administration of 
 certain property and demanded a partage of all the real estate described 
 in the declaration in which the plaintiff claimed an undivided share. 
 
16 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Three of the defendants demurred, except as to two lots of lands in which 
 they acknowledged the defendant had an undivided share. The Superior 
 Court sustained the demurrers and the judf^ment was aflBrmed by the 
 Court of Queen's Bench for Lower Canada (appeal side). Held, that the 
 judgment of the Court of Queen's Bench finally determined and put an 
 end to the appeal, which was a judicial proceeding within the meaning of 
 section 9, of the Supreme and Exchequer Courts Act, 1876, s-s. 2, and 
 was a final judgment from which an appeal would lie. 
 
 " The result is, that though an appeal cannot be taken from a court of 
 first instance directly to this court until there is a final judgment, yet 
 whenever a Provincial Court of Appeal has jurisdiction, this court can 
 entertain an appeal from its judgment finally disposing of the appeal, 
 the case being in other respects a proper subject of appeal." Per Strong 
 J., delivering the judgment of the court. Chevallier v. CuvilUer, 4 Can. 
 S. C. R. 605. 
 
 This case was followed in Shields v. Peak, 8 Can. S. C. R. 579, and a 
 judgment on a demurrer to part of the action was held appealable. 
 
 Where a judgment of the Court of Appeal (P. Q.) declared plaintiff 
 entitled to a balance on a building contract, but remitted the case to the 
 Superior Court to enable experts to decide what amount should be deduct- 
 ed for defective work, Held, that this judgment was a final judgment from 
 which an appeal would lie; and that although on an appeal from a final 
 judgment an appellant may have the right to impugn an interlocutory 
 judgment rendered in the cause, yet he loses tliis right if he voluntarily 
 and without reserve acts upon such interlocutory judgment. iS7ta«; v. 
 St. Louis, 8 Can. S. C. R. 387. 
 
 Where p capias had issued under Art. 798, of the C. C. P. '(P. Q.) and the 
 prisoner petitioned to be discharged under Art. 819, C. C. P., which petition 
 was dismissed after issue joined on the pleadings under Art. 820, 
 C. C. P., and the judgment of dismissal affirmed by the court of Queen's 
 Bench for Lower Canada, Held, that the judgment was a final judg- 
 ment in a judicial proceeding within the meaning of section 28, Supreme 
 and Exchequer Courts Act, and therefore appealable. McKinnon v. 
 Keroack, 8 C. L. T. 36. 
 
 A judgment on an interpleader issue at the instance of a sheriff under 
 the procedure m On.tario is a final judgment from which an appeal will 
 lie; Whiting v. Hovey, in the Supreme Court. 
 
 But an appeal will not lie from a judgment on a demurrer which does 
 not finally put an end to any part of an action. Kandick v. Morrison, 
 2 Can. S. C. R. 12 : Beid v. Ramsay, Dig. S. C. D. p. 238, No. 21 : Bank 
 
 B. N. A. V. Walker, Ibid. p. 244, No. 30: Roblee v. Rankin, 11 Can. S. 
 
 C. R. 137: Hockin v. Halifax (& Cape Breton R. R. Co., Big. S. C. D. 
 p. 242, No. 28. 
 
^ SUPREME AND EXCHEQUER COURTS ACT. 17 
 
 Nor will an appeal lie from a judgment or order dealing with a mere 
 matter of procedure. Gladwin v. Cummingn, Dig. S. C. D. p. 246, No. 82 : 
 l)aic»on V. Union Bank, Ibid. p. 247, No. 35. 
 
 Nor from a judgment or order for the purpose of deciding a mere 
 question of costs. Fraaer v. Tapper, Dig. 8. C. D. p. 240, No. 24. 
 
 And in an appeal from Quebec an order dissolving an interim injunc- 
 tion was held not ii final judgment from which an appeal would lie. 
 Stanton v. Canada Atlantic Rij. Co., Dig. S. C. D. p. 249, No. 37. 
 
 For English cases as to distinction between final and interlocutory 
 judgments, see Annual Practice 1887-8, pp. 712 & 713 ; also Wilson's 
 Judicature Acts, Bth edition, p. 445; also in re Riddell, ex parte Earl of 
 Strathmore, 4 Times L. R. 329, 36 W. R. 632. See also Maclennan'a 
 Judicature Act, 2nd edition, p. 54. 
 
 Further jurisdiction — Criminal cases — Exchequer 
 court— Maritime Court, Ont.— Election cases- 
 Insolvency. 
 
 25. The court shall also have jurisdiction, — 
 
 (a) In appeals in criminal cases as hereinafter provided ; 
 
 (h) In appeals from the Exchequer Court ; 
 
 (c) In appeals from the Maritime Court of Ontario as 
 provided in " The Maritime Court Act;'' 
 
 (d) In appeals from the court or judge as provided in 
 " The Dominion Elections Act ;" and — 
 
 (e) In appeals from the court or judge as provided in 
 " The Wi7iding-up Actr 
 
 1. Criminal appeals are now regulated by chapter 50 of 50-51 V. See 
 p. 72. 
 
 2. Exchequer appeals are regulated by sections 51 to 53 both inclusive 
 of 50-51 v., c. 16. See p. 77. 
 
 3. Maritime appeals are regulated by the Maritime Court Act, R. 8. C. 
 c. 137. 88. 18 & 19. See p. 80. 
 
 4. Election appeals. Paragraph (d) is an error. It should have read 
 " as provided in the Dominion Controverted Elections Act." See sections 
 50, 51 & 54 of that Act, at p. 82. 
 
 5. Appeals under " The Winding-up Act," R. S. C. o. 129, ss. 74, 
 75 & 76. See p. 91, 
 
 C.S.E.C. 2 
 
18" SUPREME AND EXCHEQUER COURTS ACT. 
 
 All these appeals are dealt with in Part II. of the present volume, for 
 the sake of convenience ; but it must be borne in mind that the (general 
 provisionn of the Supreme and Exchequer Courts Act apply to such 
 appeals, unless the special Act relating to any particular class of appeals 
 otherwise provides, or its provisions are inconsistent with such appli- 
 cation. 
 
 Appeal to be from court of last resort. 
 
 20. E.Kcept as otherwise provided in this Act, or in the 
 Act providing for the appeal, no appeal shall lie to the 
 Supreme Court but from the highest court of last resort 
 having jurisdiction in the Province in which the action, 
 suit, cause, matter or other judicial proceeding was origin- 
 ally instituted, whether the judgment or decision in such 
 action, suit, cause, matter or other judicial proceeding was 
 or was not a proper subject of appeal to such highest court 
 of last resort : 
 
 Appeal by consent. 
 
 2. Provided, that an appeal shall lie directly to the 
 Supreme Court from the judgment of the court of original 
 jurisdiction, by consent of parties : 
 
 Appeal per saltum by leave of court or judge. 
 
 3. Provided also, that an appeal shall lie to the Supreme 
 Court by leave of such court, or a judge thereof, from any 
 judgment, decree, decretal order, or order made or pro- 
 nounced by a superior court of equity, or made or pro- 
 nounced by any judge in equity, or by any superior court 
 in any action, cause, matter or other judicial proceeding in 
 the nature of a suit or proceeding in equity, and from the 
 final judgment of any superior court of any Province other 
 than the Province of Quebec, in any action, suit, cause, 
 matter or other judicial proceeding originally commenced 
 in such superior court, without any intermediate appeal 
 being had to any intermediate court of appeal in the Fro- 
 
SUPREME AND EXCHEQUER COURTS ACT. 10 
 
 vince. 38 V., c. 11, s. 11, part, ami s. 27 ; 42 V., c. 39, 
 ss. 5, G & 7. 
 
 The provisos in this section contain exceptions to the ^'enei'al rule laid 
 down by the Act that appeals must come from the highest court of last 
 resort. 
 
 With respect to appeals provided for by special Act, criminal 
 appeals come from the court of last resort having jurisdiction in such 
 matters, election appeals from the trial jndge, exchequer appeals direct 
 from the Exchequer Court and maritime appeals direct from the 
 Maritime Court. 
 
 The proviso in paragraph 2, does not apply to appeals from the 
 Province of Quebec ; see section 29. And by its terms paragraph 3, is 
 inapplicable to such appeals. 
 
 With regard to appeals under paragraph 3, of the section, special 
 circumstances should be shown to induce the Supreme Court or judge 
 ; thereof to grant such leave. 
 
 L 
 
 In SchitUz v. Wood from Manitoba, 6 Can. S. C. R. 585, an appeal was 
 [all jwed from the judgment of the judge who heard the cause without any 
 ■np )eal to the full court, it being shown that there were then only two 
 j 1 1,'es on the bench in Manitoba, the chief justice, who was plaintiff in 
 th3 cause, and the judge from whose decree the appeal :vas brought. 
 
 In Bank of B. N. A. v. Walker, Dig. S. C. D. p. 382, No. 8, an appeal 
 direct was allowed under the circumstances of that case. 
 
 But in Sewell v. British Columbia Towiiip Co., Dio, S. C. D. p. 381, 
 No. 7, the circumstances disclosed were not considered sufficient to justify 
 an appeal direct. 
 
 In Moffatt V. The Merchants Bank 11 Can. S. C. R. 46; Dig. S. C. D. 
 p. 382, No. 9, leave to appeal direct was given on the ground that the 
 Court of Appeal for Ontario would be bound by a decision in a similar 
 case, the effect of which the appellant sought to avoid. See Canada 
 Compamj v. Kyle, infra. 
 
 In Lnngtry v. Dumoulin, Lfig. S. C. D. p. 382, No. 10, leave to appeal 
 direct was allowed, although the Court of Appeal had refused permission 
 to appeal to that court. The suit was one brought against D. as rector of 
 St. James Cathedral, Toronto, with respect to certain lands. Tne church- 
 wardens, upon judgment being given against D. by the Chancery Division 
 of the High Court of Justice, applied to the Court of Appeal for Ontario 
 for leave to appeal to that court, D. refusing to allow his name to be 
 used for the purpose. This application was refused, the, court holding 
 that the church-wardens had no interest in the lands or revenues. 
 
20 SUPREME AND EXCHEQUER COURTS ACT. 
 
 In a case .which came by consent to the Supreme Court from the court 
 of orit,'inal jjirisdiction, the judge in equity of New Brunswick, the 
 judgment of the Supreme Court was reversed by the Judicial Committee, 
 wliose judgment was made an order of the Supreme Court and certified 
 to the court below. The judge in equity having subsequently for the 
 purpose of carrying out the judgment so certified to the court below, 
 made an order which the appellant alleged to be erroneous, he was 
 allowed under the circumstances to appeal direct without going to the 
 full court in New Brunswick. Lewin v. Howe, not yet reported. 
 
 In a case not yet reported, of The Canada Company v. Kyle, from On- 
 tario, decided 2l8t March, 1887, it was sought to appeal directly from 
 the judgment on further consideration of the trial judge, there having 
 been no intermediate appeal either to the Divisional Court or the 
 Provincial Court of Appeal. It was held, by Strong, J., 1. That 
 section 6, of the Supreme Court Amendment Act of 1879, authorized 
 an order being made in any proper case, as well when the proceeding 
 in the court below was an action at law as where it was a suit in 
 ecjuity. 2. That the section applied to a case where it was sought 
 to appeal directly from the judgment of the judge who tried the case 
 (without a jury) no recourse having been had to the jurisdiction of the 
 Divisional Court of Ontario, under the practice prevailing in Ontario, 
 the judgment of the judge at the trial being in effect the judgment of the 
 Divisional Court, and an appeal directly from a judgment such as the 
 one in question to the Court of Appeal of Ontario, being according to the 
 general course of practice. But 3. That the foundation of an application 
 under section 6, must be some reasonable ground of appeal, and it was 
 not a sufficient reason for allowing an appeal directly to the Supreme 
 Court, that the Court of Appeal for Ontario had already decided the 
 abstract point of law in dispute, and the proposed appellant asserted 
 that that court would adhere to its previous decision, although subsequent 
 cases in England had since decided the point otherwise. In Moffatt v. 
 The Merchants Bank, supra, leave to appeal direct was given, because 
 the Court of Appeal had not only decided the same legal question which 
 the appellant sought to raise, but had decided it upon the same actual 
 state of facts and virtually upon the same evidence oral and documentary. 
 
 No appeal from orders made in exercise of judicial 
 discretion— Exception. 
 
 27. No appeal shall lie from any order made in any 
 action, suit, cause, matter or other judicial proceeding made 
 in the exercise of the judicial discretion of the court or 
 judge making the same ; but this exception shall not include 
 
SUPREME AND EXCHEQUER COURTS ACT. 21 
 
 decrees and decretal orders in actions, suits, causes, mat- 
 ters or other judicial proceedings in equity, or in actions or 
 suits, causes, matters or other judicial proceedings in the 
 nature of suits or proceedings in equity instituted in any 
 superior court. 42 V., c. 39, s. 2. 
 
 But see section 30 ; and section fil, as to rules for new trials. 
 
 Appeals from final judgments in cases specified. 
 
 ! as. Except as provided in this Act or in the Act pro- 
 viding for the appeal, an appeal shall lie only from final 
 judgments in actions, suits, causes, matters and other 
 judicial proceedings originally instituted in the Superior 
 Court of the Province of Quebec, or originally instituted in 
 a superior court in any of the Provinces of Canada other 
 than the Province of Quebec. 42 V., c. 39, s. 3. 
 
 See section 24 and notes. 
 
 APPEALS FROM THE PROVINCE OF QUEBEC. 
 
 n what cases appeal shall lie in Quebec. 
 
 39. No appeal shall lie under this Act from any judg- 
 ment rendered in the Province of Quebec in any action, 
 suit, cause, matter or other judicial proceeding, wherein the 
 matter in controversy does not amount to the sum or value 
 
 fOf two thousand dollars, unless such matter, if less than 
 
 (that amount, — 
 
 Validity of Act or ordinance. 
 
 (a) Involves the question of the validity of an Act of the 
 Parliament of Canada, or of the legislature of any of the 
 provinces of Canada, or of an ordinance or Act of any of the 
 councils or legislative bodies of any of the Territories or 
 Districts of Canada ; or — 
 
 Fees to the Crown, title to property, etc. 
 
 (b) Relates to any fee of office, duty, rent, revenue or 
 any sum of money payable to Her Majesty, or to any title 
 
Mi 8UPREME AND EXCHEQUER COURTS ACT. 
 
 to lando or tenements, annual rents or such like matters or 
 things whfere the rights in future might be bound : 
 
 To be only from court of Queen's Bench. 
 
 2. Provided that such appeals shall lie only from the 
 Court of Queen's Bench. 3S V., c. 11, s. 17, part; 42 V., 
 c. 39, s. 8. 
 
 No appeal shal'. lie when the " matter in controversy does not 
 amount to the sum or value of two thousand dollars." 
 
 But an exception to this is made by section 74 of the Act in the claso "f 
 cases mentioned in sections 72 & 73, which provide for certain coutroverKi :^r, 
 between the Dominion of Canada and any province, or between proviuces, 
 and for determining cases in which the validity of an Act of the Parlia- 
 ment of Canada or of the Legislature of the province may be called in 
 question. Section 74 provides that these sections shall apply " whatever 
 IS the matter in dispute." 
 
 In Joijce V. Hart, 1 Can. S. C. R. 321, it was held, that in determining 
 the sum or value in dispute in cases of appeal by a defendant the proper 
 course was to look at the amount for which the declaration concludes, 
 and not at the amount of the judgment. 
 
 In Levi v. Eeed, 6 Can. S. C. R. 482, the plaintiff obtained in the 
 Superior Court for Lower Canada a judgment for $1,000 damages. The 
 defendant thereupon appealed to the Court of Queen's Bench and on such 
 appeal the plaintiff did not seek by way of cross appeal for an increase of 
 damages, but contended that the judgment for $1,000 should be confirmed. 
 The Court of Queen's Bench reduced the damages to 1500. The plaintiff 
 then appealed to the Supreme Court of Canada. In this case also the 
 court held that for determining the matter in controversy the amount 
 for which the declaration concluded, should be looked at, and the ruling 
 in Joyce v. Hart was affirmed and approved. 
 
 This rule has always been acted upon by the Supreme Court. 
 
 In Ayotte v. Boucher, 9 Can. S. C. R. 460, it was held, that although the 
 amount claimed by the declaration was made to exceed fi2,000 by includ- 
 ing interest which had been barred by prescription, the appeal would lie. 
 
 In McCorkill v. Knight, Dig. S. C. D. p. 402, No. 95, the appellant was 
 allowed to show by affidavit that the matter in dispute was over $2,000. 
 
 In Champoux v. Lapierre, Dig. S. C. D. p. 244, No. 31, it was held, that 
 when an opposition was filed to a seizure under a judgment for les^ than 
 12,000, the question of jurisdiction was governed by the amount of the 
 
SUPREMK AND EXCHEQUER COURTS ACT. 23 
 
 judgment and not by the value of the property seized, although such 
 value exceeded ^2,000. 
 
 See also Boiirget v. Blanchard, Dig. S. C. D, p. 2il, No. 27 : Gendron v. 
 McDougaU, Ibid. p. 248, No. 36. 
 
 When the only question involved was the personal obligation of the 
 respondent in a hypothecary action to pay a sum of ^165.82, for a church 
 rate imposed on an immovable by the levy of a fixed sum, the payment 
 of which was to be made by two annual instalments, it was held, that the 
 value of the immovable could not affect the right of appeal and that the 
 appeal would not lie. Bank of Toronto v. LeCure et les Marguilliers, etc, 
 de la Pnroisse de la Nativity Dig. S. C. D. p. 250, No. 40. 
 
 The words " where rights in future might be bound " should be read 
 as qualifying all tlie words in this sub-section. If for instance a fee of 
 office is claimed, but the right to it is denied by the defendant, the case 
 is appealable. But if in an action for a fee of office the defendant pleads 
 payment, the case is not appealable if under §2,000. S. C, per Tasch- 
 ereau, J. 
 
 An appeal was refused in a case similar to one of contract for payment 
 of a sum by certain instalments to an amount of f 170.20 in all, as not 
 coming within the words " rights in future" as used in the Act. Per 
 Gwynne, J., in Beaubien v. Bernatchez, Dig. S. C. D. p. 252, No. 41 
 
 In an action brought against the collector of customs at Montreal to 
 recover the sum of $222.80, the difference of duty between 20 and 30 per 
 cent, ad valorem on the value of certain importations. Held, that the case 
 came within the statute and was appealable, although it was contended 
 that by a recent Act it was declared that for the future, goods of the kind 
 should be subject to a duty of 30 per cent, and that therefore appellant's 
 rights could not be affected. Darling v. Ryan, Dig. S. C. D. p. 254, No. 44. 
 
 In this case the court was of opinion that the vested right of appeal in 
 the plaintiff was not taken away by the Act changing the rate of duty. 
 
 In Wheeler V. Black, 2 M. L. R., Q. B., 159, it was held, per Cross, J., that 
 a question of servitude is a question involving future rights within the 
 meaning of the Act. The appeal was entertained and disposed of by the 
 Supreme Court. 
 
 By a procis-verbal made by a Municipal Council, one R. was ordered to 
 improve a portion of road fronting his land. On his refusal to do the 
 work, the council had it performed at a cost of %2Q(i, for which amount 
 they sued R. Held, per Fournier, Henry and Gwynne, JJ., (Strong and 
 Taschereau, JJ., dissenting, and Ritchie, C.J.,expres'amg no opinion on the 
 point), that the charge or servitude imposed on R. was in its nature 
 permanent, and had necessarily the effect of affecting the future rights of R. 
 
24 SUPREME AND EXCHEQUER COURTS ACT. 
 
 ill the free enjoyment of his property and the case wae therefore appealable. 
 lieburn v. La Corporation de la Paroisse de Ste. Anne du Bout de Uhle. 
 (Not yet reported.) 
 
 Where the plaintiff by the conclusion of his declaration sought to recover 
 back from the defendants, a building society, a sum of ^810, part of a 
 sum considerably over $2,000 paid by a plaintiff under protest to obtain a 
 release of certain mortgages. Held, by Tessier, J., that no appeal would 
 lie, although to settle the contention between the parties it might be 
 necessary to consider their respective rights under the mortgages which 
 were originally given for a large sum. Mr. Justice Tessier having reserved 
 to the defendants their right to apply to the Supreme Court for leave, the 
 application was renewed before the Registrar and refused, and on appeal 
 to Henry, J., the decision of the Registrar was affirmed. Ouimet v. La 
 Society de Construction Permanente des Artisans. 
 
 Appeals from the Province of Quebec lie only from the Court of Queen's 
 Bench. They cannot come from the court of oiiginal jurisdiction, even 
 by consent, nor can they come from the Court of Review. Danjou v. 
 Marquis, 3 Can. S. C. R. 251, a case of mandamus: Macdonald v. Abbott, 
 S Can. S. C. R. 278. 
 
 The Legislature of the Province of Ontario, by section 43 of the Ontario 
 Judicature Act, enacted the following limitatiou on the right of appeal to 
 the Supreme Court of Canada : 
 
 " 43. No appeal shall lie to the Supreme Court of Canada without the 
 special leave of such court, or of the Court of Appeal, unless the title to 
 real estate, or some interest therein, or the validity of a patent is affected, 
 or unless the matter in controversy on the appeal exceeds the sum or 
 value of ^1,000, exclusive of costs, or unless the matter in question relates 
 to the taking of an annual or other rent, customary, or other duty, or 
 fee, or a like demand of a general or public nature affecting future 
 rights." 
 
 This section has been re-enacted by chapter 42 of the R. S. O., 1887, 
 section 2, with the addition at the beginning of the section of the words 
 following : " In any action respecting property or civil rights, whether 
 for damages or for specific relief." (See Appendix.) 
 
 In Forristal v. McDonald, Dig. S. C. D. p. 241, No. 25, the Supreme 
 Court of Canada intimated that it considered this section unconstitu- 
 tional and ultra vires of the Ontario Legislature, and an appeal was 
 allowed although the matter in controversy was less than $1,000 and leave 
 to appeal had been refused by the Court of Appeal for Ontario. Several 
 appeals have since then been allowed as a matter of right and heard by 
 the Supreme Court, notwithstanding the objection that the cases were 
 not appealable under this section. 
 
SUPREME AND EXCHEQUER COURTS ACT. 25 
 
 Certain matters excepted. 
 
 SO. Nothing in the three sections next preceding shall 
 in any way affect appeals in Exchequer cases, cases of rules 
 for new trials and cases of mandamus, habeas corpus and 
 municipal by-laws. 42 V., c. 39, s. 11. 
 
 In Exchequer cases, cases of mandamus, habeas corpus and municipal 
 by-laws, judgments not final may be appealed from, and in this respect 
 this section creates an exception to the general rule that only final judg- 
 ments can be appealed from. It is not intended to create any exception 
 to the general rule that appeals must come from the highest court of final 
 resort. — See Danjoti v. Marquis, 3 Can. S. C. R. 251. 
 
 See section 24, paragraph (r/), Supreme and Exchequer Courts Act. 
 As to cases of rules for new trials, see section 24, paragraph (</) and 
 section 61, Supreme and Exchequer Courts Act. 
 
 HABEAS CORPUS APPEALS. 
 
 Extradition. 
 
 31. No appeal shall be allowed in any case of proceed- 
 ings for or upon a writ of habeas corpus arising out of any 
 claim for extradition made under any treaty. 39 V., c. 26, 
 8. 31, part. 
 
 HABEAS CORPUS. 
 
 Concurrent jurisdiction in habeas corpus matters. 
 
 9Ut, Every judge of the court shall have concurrent juris- 
 diction with the courts or judges of the several Provinces, 
 to issue the writ of habeas corpus ad subjiciendum, for the 
 purpose of an inquiry into the cause of commitment in any 
 criminal case under any Act of the Parliament of Canada, 
 but such judge shall not have such jurisdiction in habeas 
 corpus matters arising out of any claim for extradition made 
 under any treaty : 
 
 Appeal to the court. 
 
 2. If the judge refuses the writ or remands the prisoner, 
 an appeal shall lie to the court. 38 V., c. 11, s. 51; 39 
 v., c. 26, s. 31, part. 
 
26 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Powers of the court in such cases. 
 
 33* In siny habeas corpus matter before a judge of the 
 Supreme Court, or on any appeal to the Supreme Court in 
 any habeas corpus matter, the court or judge shall have the 
 same power to bail, discharge or commit the prisoner or 
 person, or to direct him to be detained in custody or other- 
 wise to deal with him as any court, judge or justice of the 
 peace having jurisdiction in any such matters in any Pro- 
 vince of Canada. 39 V., c. 26, s. 29. 
 
 Prisoner need not be present in court. 
 
 34. On any appeal to the Supreme Court in any habeas 
 corpus matter, it shall not be necessary, unless the court 
 otherwise orders, for any prisoner or person on whose 
 behalf such appeal is made, to be present in court ; but the 
 prisoner or person shall remain in the charge or custody to 
 which he was committed or had been remanded, or in 
 which he was at the time of giving the notice of appeal, 
 unless,' at liberty on bail, by order of a judge of the court 
 which refused the application, or of a judge of the Supreme 
 Court ; but the Supreme Court may, by writ or order, 
 direct that such prisoner or person shall be brought before 
 it. 39 v., c. 26, s. 30. 
 
 When such appeals shall be heard. 
 
 35. An appeal to the Supreme Court in any habeas 
 corpus matter shall be heard at an early day, whether 
 in or out of the prescribed sessions of the court. 39 V., 
 c. 26, s. 28. 
 
 APPEALS IN MATTERS OF HABEAS CORPUS NOT ARISING OUT OF A 
 
 CRIMINAL CHARGE. 
 
 The jurisdiction in matters of habeas corpus not arising out of a crim • 
 inal charge is given by section 24, paragraph (g), Supreme and Exchequer 
 Courts Act. 
 
SUPREME AND EXCHEQUER COURTS ACT. Wf 
 
 An appeal will not lie when at the time of bringing it the appellant is 
 at large. Fraser v. Tapper, Dig. S. C. D. p. 240, No. 24. 
 
 Costs are not given, as a general rule, in habeas corpus matters, in 
 favorem Ubertatis. In re Johnson, Dig. S. C. D. p. 386, No. 31, and p. 540, 
 No. 4. 
 
 But when the appeal had been brought, after the appellant was at 
 large, and for the purpose of trying the question of costs, it was dis- 
 missed with costs. Fraser V. Tapper, Dig. S. C. D. p. 240, No. 24. 
 
 APPEALS IN MATTERS OF HABEAS CORPUS ARISING OUT OF A 
 
 CRIMINAL CHARGE. 
 
 1. The court has neither original nor appellate jurisdiction in habeas 
 corpus matters ar ^ng out of any claim for extradition made under any 
 treaty. (Sections 31 & 32.) 
 
 2. Every judge of the court is given concurrent jurisdiction with the 
 courts or judges of the several provinces to issue the writ of habeas corpus 
 ad subjiciendum for the purpose of an inquiry into the cause of commit- 
 ment in any criminal case under any Act of the Parliament of Canada. 
 
 3. An appeal lies to the full court, if the judge refuses the writ or 
 remands the prisoner. 
 
 Section 33 gives the court or judge, in dealing with the prisoner or 
 person, the same powers as any court, judge or justice of the peace having 
 jurisdiction in any such matters in any province of Canada. 
 
 Section 34 provides, that on any appeal the prisoner or person need not 
 be present in court, unless the court otherwise orders. 
 
 And section 35 provides, that an appeal to the Supreme Court in any 
 habeas corpus matter shall be heard at an early day whether in or out of 
 the prescribed sessions of the court. 
 
 Sections 33, 34 and 35, apply to all habeas corpus matters. 
 
 No security for costs is required in proceedings for or upon a writ of 
 habeas corpus. See section 46, sub-section 2. 
 
 In habeas corpus matters, other than those not arising out of a criminal 
 charge, there is no appeal except from the judge of the Supreme Court. 
 In re Boucher, Dig. S. C. D. p. 180, No. 2. 
 
 And a judge of the Supreme Court will not assume appellate jurisdic- 
 tion by issuing a writ of habeas corpus in a matter which has been 
 disposed of on appeal to the Appellate Court of the Province. — S. C. 
 
 Nor where a conviction has been regular and made by a court in the 
 unquestionable exercise of its authority and acting within its jurisdic- 
 tion, the only objection being that the magistrate erred on the facts and 
 
28 SUPREME AND EXCHEQUER COURTS ACT. 
 
 that the evidence did not justify the conclusion which he arrived at as to 
 the guilt of the. prisoner, will the Supreme Court or a judge thereof, go 
 behind the conviction and enquire into the merits of the case by the use 
 of a writ of habeas corpus, and thus act as a Court of Appeal from the 
 magistrate's decision. In re Trepannier, Dig. S. C. D. p. 182, No. 3; 
 12 Can. S. C. R. 111. 
 
 Although the judge may grant the writ and discharge the prisoner, the 
 court, notwithstanding sub-section 2 of section 32, may still exercise the 
 jurisdiction inherent in every Superior Court, of enquiring into and 
 judging of the regularity or abuse of its process, and if necessary of 
 setting aside a writ improvidently issued. In re Sproule, 12 Can. 
 8. C. R. 140. And an application to the court to quash a writ of habeas 
 corpus as improvidently issued, may be entertained in the absence of the 
 prisoner. — S. C. 
 
 After a conviction for a felony by a court having general jurisdiction 
 over the offence charged, a writ of habeas corpus is an inappropriate 
 remedy. — S. C. 
 
 The right to issue a writ of habeas corpus being limited to, " an inquiry 
 into the cause of commitment in any criminal case under any Act of the 
 Parliament of Canada," such writ cannot be issued in a case of murder, 
 which is a case at common law. — S. C. 
 
 Rule 14 provides for the convening of the court for the purpose of 
 disposing of habeas corpus matters. The other rules specially applicable 
 are 46, 47, 48 and 49, which see. 
 
 CERTIORARI. 
 
 Writ of Certiorari. 
 
 36. A writ of certiorari may, by order of the court or a 
 judge thereof, issue out of the Supreme Court, to bring up 
 any papers or other proceedings had or taken before any 
 court, judge or justice of the peace and which are consider- 
 ed necessary with a view to any inquiry, appeal or other 
 proceeding had or to be had before the court. 89 V., 
 c. 26, 8. 34. 
 
 This section provides for the issue of a writ of certiorari, by order of 
 the court or a judge. But it must be considered necessary with a view 
 to any inquiry, appeal or other proceeding had or to be had before the 
 court. Therefore, a judge cannot order the issue of such a writ in any 
 proceeding before him in a habeas corpus matter. Nor does the section 
 
SUPREME AND EXCHEQUER COURTS ACT. 29 
 
 authorize the court to issue a ivrit of certiorari in such proceedings. To 
 do so would be to assume Pwppellate jurisdiction over the inferior court. 
 In re Trepannier, Dig. H. C. D. p. 182, No. 3. 
 
 SPECIAL CASES REFERRED TO THE COURT. 
 
 Governor may refer matter for opinion. 
 
 37. The Governor in Council may refer to the Supreme 
 Court, for hearing or consideration, any matter which he 
 thinks fit to refer ; and the court shall thereupon hear or 
 consider the same and certify their opinion thereon to the 
 Governor in Council : Provided, that any judge or judges 
 of the court who differ from the opinion of the majority, 
 may, in like manner, certify his or their opinion or 
 opinions to the Governor in Council. 38 V., c. 11, s. 52. 
 
 The following cases were referred to the court under the correspond- 
 ing section of 38 V., c. 11 : In re Canada Temperance Act '78 and County of 
 Perth, Big. S. CD. p. 51, No, 3: In re Canada Temperance Act '78 and 
 County of Kent, Dig. S. C. D. p. 51, No. 4 : " The Thrasher Case,'' Dig. S. 
 C. D. p. 266, No. 12. 
 
 The question of the validity of the Liquor License Act 1883 and 
 Amending Act was not submitted under this section, but under section 
 26 of 47 v., 0. 32. 
 
 In certifying their opinion the judges do not give any reasons, follow- 
 ing in this respect the practice of the Judicial Committee when dealing 
 with cases referred by the Crown for advice. See Macpherson, 149. 
 
 Report upon Private Bill or Petition. 
 
 38. The Supreme Court, or any two of the judges 
 thereof, shall examine and report upon any private bill or 
 petition for a private bill presented to the Senate or House 
 of Commons, and referred to the court under any rules or 
 orders made by the Senate or House of Commons. 38 V., 
 c. 11, s. 53. 
 
30 SUPREME AND EXCHEQUER COURTS ACT. 
 
 PROCEDURE IN APPEALS. 
 
 PERFECTING APPEALS. 
 
 Proceedings in Appeals. 
 
 JJ9. Proceedings in appeals shall, when not otherwise 
 provided for by this Act, or by the Act providing for the 
 appeal, or by the general rules and orders of the Supreme 
 Court, be as nearly as possible in conformity with the 
 present practice of the Judicial Committee of Her Majesty's 
 Privy Council. 38 V., c. 11, s. 24. 
 
 The practice of the Judicial Committee will be found in Macpherson's 
 Practice of the Privy Council and Lattey's Privy Council Practice. See 
 notes to section 53 for practice of the Judicial Committee on applications 
 to dismiss for want of prosecution. 
 
 When appeal shall be brought. 
 
 [40. Except as otherwise provided, every appeal shall 
 be brought within sixty days from the signing or entry or 
 pronouncing of the judgment appealed from.] 
 
 This section has been substituted by 50-51 V., c. 16, sch. A, for section 
 40 as it stood in chapter 135 of the Revised Statutes, which limited the 
 time to thirty days. 
 
 Cases otherwise provided for, are : 
 
 (a) Criminal appeals. See 50-51 V., c. 50, s. 1. 
 
 (h) Exchequer Court appeals. See 50-51 V., c. 16, s. 51. 
 
 (c) Election appeals. See Dominion Controverted Elections Act, 
 section 51. 
 
 (d) Appeals under the Winding-up Act from the District of Keewatin. 
 See section 74, sub-sections 2 & 3 of chapter 129, R. S. C. 
 
 This section 40 has taken the place of the provision of the original 
 Supreme and Exchequer Courts Act of 1875, section 25, that every appeal, 
 other than an Election appeal, " shall be brought within thirty days from 
 the signing, entry or pronouncing of the judgment appealed from." In 
 
SUPREME AND EXCHEQUER COURTS ACT. 31 
 
 187'J, the section was passed f^iving an appeal to the Supreme Court, by 
 leave of the court or a judf^e, fi-om the court of ori^»inal jurisdiction without 
 an intermediate app^ml to the Appellate Court of the Province (excepting 
 the Province of Quel)ec). Section of the Supreme Court Amendment 
 Act of 187'J, similar o sub-section 3 of section 26 of chapter 135, R. S. C. 
 
 Under section of the Act of 187'J, the Supreme Court held, that an 
 appeal mij^ht be allowod by that court, althouj^h the judgment appealed 
 from had been pronounced, entered or signed more than thirty days 
 before the date of the application. Bank of B. N. A. v. Walker, Dig. S. 
 C. D. p. 381, No. 5. 
 
 But the revised statute does not seem open to this construction. The 
 jurisdiction is given by the sections preceding section 40, and that 
 section says, " every appeal should be brought within sixty days ;" 
 " except as otherwise provided," are the only words of qualification- 
 Again, in the original Act of 1875, appeals direct by consent were clearly 
 governed by the provision as to time ; and such appeals are provided for 
 in the revised statute by the same section (26), although by a different 
 sub-section (2), as appeals per saltum. 
 
 In appeals from the Province of Quebec the time runs in every case 
 from the pronouncing of the judgment. 
 
 In other appeals, where any substantial matter remains to be deter- 
 mined before the judgment can be entered, the time for appealing runs 
 from the entry of the judgment. Where nothing remains to be settled, 
 as for instance in the case of the simple dismissal of a bill, or where no 
 judgment requires to be entered, the time for appealing runs from the 
 pronouncing of the judgment. O'SuUivan v. Harty, 13 Can. S. C. R. 
 431 : Walmsley v. Griffith, 13 Can, S. C. R. 434 : Martley v. Carson, 13 
 Can. S. C. R. 439: Winnipeg v. Wright, 13 Can S. C. R. 441. 
 
 Notice of appeal in cases specified. 
 
 41. No appeal upon a special case, or from the judgment 
 upon a motion to enter a verdict or non-suit upon a point 
 reserved at the trial, or from the judgment upon a motion 
 for a new trial, upon the ground that the judge has not 
 ruled according to law, shall be allowed, unless notice 
 thereof is given in writing to the opposite party, or his 
 attorney of record, within t\venty days after the decision 
 complained of, or within such further time as the court 
 appealed from, or a judge thereof, allows. 38 V., c. 11, s. 21. 
 
32 SUPREME AND EXCHEQUER COURTS ACT. 
 
 The cases referred to are those specified by paragraphs (fe), (c) and ((/) 
 of section 24.- "Within 20 days after the decision complained of" 
 would exclude the day upon which the decision is rendered and include 
 the last of the 20 days, unless the last of such days should happen to fall 
 on a holiday. See rule 72 and notes. 
 
 There are other cases in which notice of appeal has to be given : 
 
 (a) Criminal appeals— Notice of appeal has to be served on Attorney- 
 General for the proper Province within 15 days after affirmance of 
 conviction. 50-51 V., c. 50, s. 1. See Criminal Appeals. 
 
 {b) In exchequer appeals, notice of the setting down of the appeal 
 must be given within 10 days. 50-51 V., c. IG, s. 51. 
 
 If the appeal is on behalf of the Crown a preliminary notice takes the 
 place of a deposit under the Act. Section 53. See Exchequer Appeals. 
 
 (c) Appeals from the Maritime Court of Ontario — In these, by rule 26y 
 of the court, notice of intention to appeal must be given within 15 days 
 from the time of pronouncing of the decision appealed from. See 
 Maritime Court Appeals. 
 
 (d) Election appeals — Notice of setting down an appeal for hearing 
 must be given within three days. Dominion Controverted Elections Act 
 section 51, sub-section 3. See Election Appeals. 
 
 The Supreme Court or a judge thereof has no power to extend the 
 time for giving notice of appeal, but only " the court appealed from or a 
 judge thereof." 
 
 The giving of the notice is a condition precedent which must be shewn 
 to have been complied with before the appeal could be allowed, but when 
 the notice has been given, either within the twenty days or within the 
 extended time fixed by a judge under this section, the appellant would 
 have the sixty days from the entry or pronouncing of the judgment to 
 bring his appeal, or be in a position to apply after the sixty days under 
 section 42, under special circumstances. 
 
 Allowance of appeal in special cases on terms. 
 
 42. Provided always, that the court proposed to be 
 appealed from, or any judge thereof, may, under special 
 circumstances, allow an appeal, notwithstanding that the 
 same is not brought within the time hereinbefore prescribed 
 in that behalf ; but in such case, the court or judge shall 
 
SUPREME AND EXCHEQUER COURTS ACT. 33 
 
 impose such terras as to security or otherwise as seems 
 proper under the circumstances ; but the provisions of this 
 section shall not apply to any appeal in the case of an 
 election petition. 38 Y., c. 11, s. 26. 
 
 Approviuf^ of the security is a mode of allowing the appeal. Fmser v. 
 AUtott, Dig. S. C. D. p. 40:5, No. 100: The Queen v. Tmjlor, 1 Can. 
 8. C. R. 65 : Walimley v. Gritntit, Dig. S. C. D. p. 404, No. 104. 
 
 When a judge of the court below has made an order allowinic; the 
 
 security he iafunctim ojficio, and the appeal is then subject to the juribJic- 
 
 ! tion of the Supreme Court. Orders made in the cause by the court below 
 
 r after the allowance of the security will be disregarded by the Supreme 
 
 I Court. Lakin v. Nuttall, 3 Can. S. C. R. 691 : IVabmley v. Griffith, 
 
 Dig. S. C. D. p. 404, No. 104 : Starrs v. Cosgrave Brewing and Malting Co., 
 
 Ihid. p. 405, No. 106. 
 
 All appaals from the court or judge under " The Winding-up Act " 
 must be allowed by a judge of the Supreme Court of Canada, while the 
 Bjcunty has to be given in some of these appeals (those from the District 
 of Keewatin) according to the practice of the court below, the words 
 •' the court " in line 9 of sub-section 4 of section 74 of that Act referring, 
 apparently, to the court below. But in appeals provided for by section 
 7i), the security may bo given under section 46 of the Supreme and 
 Exchequer Courts Act to the satisfaction either of the court below or a 
 judge thereof, or of the Supreme Court or a judge thereof. 
 
 The power of allowing an appeal under special circumstances is given 
 by this section 42 only to the court below or a judge thereof. Therefore 
 if an applicat.on be made to the Supreme Court or a judge thereof under 
 section 4t), it sliould bo made within the sixty days given by section 40 
 Walmslcii V. Griffith, Dig. S. C. D. p. 407, No. 109. 
 
 The Court of Appeal for Ontario has held that no appeal lies to that 
 court from a judgment of a judge of that court extending the time for 
 appealing. Neill v. Travellers' Ins. Co., 9 Ont. App. R. 54. 
 
 There would seem to be no power in either court to extend the time for 
 bringing an appeal under " the Dominion Controverted Elections Act." 
 
 As to what are " special circumstances " within the meaning of this 
 section, see authorities cited on page 744 of the Annual Practice, 1887-8, 
 and in Wilson's Judicature Acts, 6th edition, page 446. Most of the cases 
 will also be found in Maclennan's Judicature Act, 2nd edition, pages 
 696-698, notes to Order 2 of the Court of Appeal of Ontario. See also 
 C.S.E.C. 3 
 
34 SUPIIEMK AND KXCHEQUEri COURTS ACT. 
 
 L'iHfl(lo) V, llobertHon, 12 Out. P. R. 13',>, approvinj^ of Stevaicright v. 
 Leys, :) ;j.it. P. R. 200 : re Gnhourie, Cnneij v. (iahourie, 12 Out. P. R. 252: 
 riatt V. Gram/ VVhhA' llaiUcaij Co.. 12 Out. P. R. :^.S0. 
 
 No uniform rulo can he deduced from the cases, hut if any rule can he 
 laid down it Heema to ho, t.uit to do justice in the particular case is ahove 
 all other considerations, as was said in re (iubourie, nupra. In re Manchester 
 Economic Ihiihlin<i Society, 24 Chy. 1)., in wliich apijlication for special 
 leave to appeal was made after the expiration of the time lixed, Brett, M.R , 
 says : " I know of no rule other than this, that the court has power to give 
 the special leave, and exercising its judicial discretion, is bound to give 
 the special leave, if justice rec^uires that that leave should be given." 
 
 Pro'jeedings requisite to bring cases into Supreme 
 Court— When error is alleged. 
 
 4JJ. No writ shall be required or issued for bringing any 
 appeal in any case to or into the Supreme Court, but it 
 shall be sufficient that the party desiring so to api^eal shall, 
 within the time herein limited in the case, have given the 
 security required and obtained the allowance of the appeal : 
 
 2. Whenever error in law is alleged, the proceedings in 
 the Supreme Court shall be in the form of an appeal. 38 V., 
 c. 11, ss. 16 and 28. \ 
 
 See notes to preceding section. 
 
 But notice of appeal must be given in certain cases. See section 41 and 
 notes. ; 
 
 The proceedings subsequent to the allowance of the security are 
 governed by the Supreme Court Rules, when not provided for specially 
 by the Act. 
 
 Appeal to be on a special case. 
 
 44. The appeal shall be upon a case to be stated by the 
 parties or, in the event of difference, to be settled by the 
 court appealed from, or a judge thereof; and the case shall 
 set forth the judgment objected to and so much of the 
 pleadings, evidence, affidavits and documents as is neces- 
 
8UP11EME ANP EXCHEQUER COlHlB ACT. 35 
 
 snry to raise tlie question for the decision of the court. 
 38 v., c. 11, s. 29. 
 
 Uule 1 of the Siiprenio Court HavH the first proceeding in appeal in the 
 Supreme Court shall bo the filinj; of a case pursuant to this section. The 
 [ <iise must be cortitied under the seal of the court appealed from. 
 
 The case cannoi be tiled unless it contains the formal judgment of 
 the court appealed from. Ufid v. Uumxnij, Dig. 8. C. D. p. 238, No. 21 : 
 h'liinifiij V. Ki'un, Ibid. p. 388, No. 11: Wallace v. Souther, Ibid. p. 383, 
 No. 12. 
 
 In one case from British Columbia it was ordered that the registrar 
 should be at liberty to lile the case as received without the formal order, 
 the appellant within six weeks to attach the formal order to the case and 
 copies. Hank of B. N. A. v. Walker, Dig. S. C. D. p. 383, No. 14. 
 
 It ought also to contain the formal judgment order or decree of the 
 icourt of original jurisdiction. Wright v. Huron, Dig. S. C. D. p. 384, 
 Wo. 17. 
 
 ■ And Rule 2 provides that in addition to the proceedings mentioned in 
 
 ^he section, the case shall invariably contain a transcript of all the 
 
 opinions or reasons for their judgment delivered by the judges of the court 
 
 or courts below, or an affidavit that such reasons cannot be procured, with 
 
 a statement of the efforts made to procure the same. 
 
 By Rule 3 it is required that the case shall also contain a copy of any 
 order which may have been made by the court below or any judge thereof 
 eidarging the time for appealing. 
 
 Rule 4 provides for the remitting of the case to the court below, in 
 order that it may be made more complete by the addition thereto of 
 iurther matter. See notes to sections G3, 64 & (55. 
 
 The Registrar will not tax the costs of printing any immaterial docu- 
 ments which an appellant inserts in a case, or allows to be inserted 
 without protest. The appellant sliould apply to a judge of the Supreme 
 Court in Chambers for an order to dispense with unnecessary printing. 
 
 The case should be filed within one month after the security required 
 by the Act shall have been allowed, otherwise the respondent may move 
 to dismiss, pursuant to section 53 of the Act. (Rule 5). 
 
 But the Supreme Court or a judge thereof may extend the time. 
 (Rules 42 & 70). 
 
 The case must be accompanied by a certificate under the seal of the 
 court below stating that the appellant has given proper security to the 
 
8§ SUPREME AND EXCHEQUER COURTS ACT. 
 
 satisfaction of the court whose juclf^ment is appealed from or of a juclj»e 
 thereof, and setting forth the nature of the security to the amount of 
 S500, as required by the 46th section of the Act, and a copy of any bond 
 or other instrument by which security may have been given must be 
 annexed to the certificate. (Rule 6). See McDonald v. Abbott, 3 Can. S. 
 C. K. 278. 
 
 Rules 7, 8 & 9 provide for the printing of the case and regulate its 
 style, size, number of copies to be printed and deposited, etc. -- 
 
 And Rule 10 provides, that together with the case certified copies of all 
 original documents and exhibits used in evidence in the court of first 
 instance, are to be deposited with the registrar, unless their production be 
 dispensed with by order of a judge of the Supreme Court ; and it 
 provides also for the transmission of the originals by order of the 
 Supreme Court or a judge thereof. 
 
 In practice this rule is generally complied with by printing as part of 
 the case all the material exhibits ; and where this cannot be done with- 
 out great expense, for instance, where account Looks, plans, etc., or 
 models or other articles, have been filed, an order to transmit the originals 
 should be applied for. 
 
 An application to amend a case should be made to a judge in chambers 
 and not to the court. ^Etna Ins. Co. v. Brodie, Dig. S. C. D. p. 383, No. 
 15. But no application should be made with respect to the contents of a 
 case, or to dispense with printing any pai't of it, until it has been settled 
 between the parties, or by a judge of the court below, pursuant to the 
 statute. Cariire v. Bender, Dig. S. C. D. p. 384, No. 19. 
 
 These rules as to printing do not apply to election appeals, which are 
 specially regulated by rules 50 to 55 inclusive ; nor do they apply to 
 criminal appeals and appeals in matters of habeas coi'pus, which may be 
 heard on a written case. (Rule 47). 
 
 Transmission of case by clerk of the court appealed 
 from. 
 
 45. The clerk or other proper officer of the court 
 appealed from shall, upon payment to him of the proper 
 fees and the expenses of transmission, transmit the case 
 forthwith after such allowance to the registrar of the 
 Supreme Court, and further proceedings shall thereupon 
 be had according to the practice of that court. 38 V. , c. 
 11, 8. 30. 
 
SUPREME AND EXCHEQUER COURTS ACT. 87 
 
 •' Forthwith after such allowance " refers to the allowance of the 
 ippeal, but by Rule 5 of the Supreme Court the appellant has a month 
 ordinary cases in which to have his case transmitted. 
 
 The word "forthwith" in statutes and rules of court must be 
 instrued with reference to the objects of thr provision and the circum- 
 Btances of the case. Ex parte Lamb, 19 Ch. D. 169. 
 
 The case to be transmitted must be a printed case, and no manuscript 
 tecord or original documents should be forwarded to the registrar of the 
 Supreme Court (except in election appeals, criminal appeals, or appeals 
 In matters of habeas corpus) unless the Supreme Court or a judge thereo 
 otherwise orders. See notes to preceding section. 
 
 SECURITY AND STAYING EXECUTION. 
 
 Security to be given— Exceptions. 
 
 4tJ. No appeal shall be allowed until the appellant has 
 given proper security, to the extent of five hundred dollars, 
 to the satisfaction of the court from whose judgment he is 
 about to appeal, or a judge thereof, or to the satisfaction 
 of the Supreme Court, or a judge thereof, that he will 
 effectually prosecute his appeal and pay such costs cind 
 damages as may be awarded against him by the Supreme 
 Court : , 
 
 2. This section shall not apply to appeals [by or on 
 behalf of the Crown] , in election cases, in cases in the 
 Exchequer Court, in criminal cases, or in proceedings for 
 or upon a writ of habeas corpus. 38 V., c. 11, s. 31 ; 42 
 v., c. 39, 8. li. 
 
 This section is taken from section 31 of the Supreme and Exchequer 
 Courts Act of 1875, as amended by section 14 of the Supreme Court Act 
 of 1879, which reads as follows : 
 
 " 31. No appeal shall be allowed (except only the case of appeal in 
 proceedings for or upon a writ of habeas coipus) until the appellant has 
 jiven proper secui-ity to the extent of five hundred dollars to the satisfac- 
 kion of the court, from whose judgment he is about to appeal, or a judge 
 fchereof, or to the satisfaction of the Supreme Court or a judge thereof, 
 
38 8UPREMK AND EXCHEQUER COURTS ACT. 
 
 that he will effectually prosecute his appeal and pay such costs and 
 damages as may be awax'Jed in case the judpinent appealed from be 
 afirmed ; Provided that this section shall not apply to appeals in 
 election casas, for which spscial provision is hereinafter made." , 
 
 The words in italics have been omitted in the ssction of the revised 
 statute, which excepts also exchequer and criminal appeals, as well as 
 election and habeas corpus appeals. (Sub-section 2). 
 
 As to security in election appeals, see section 51 of the Dominion Con- 
 troverted Elections Act. 
 
 The security in exchequer appeals is provided for by sections 51 & 53 
 of chapter IG of 50-51 V. 
 
 No sscurity for costs is raquire;! in criminal ^ ^als, or appeals in 
 matters of habeas corpus. 
 
 There is no power to dispense with the security required by section 4(5^ 
 or to admit an appeal in formd pauperis. Eraser v. Abbott, Dig. S. C. D. 
 p. 403, No. 100. 
 
 The application to the court below or a judge thereof to have the 
 security allowed must be made within the sixty days limited by section 
 40, subject to the right to make an application under section 42. 
 
 In every appeal the time within which an application may be made to 
 the Supreme Court or a judge thereof, is limited to the sixty days. See 
 U'almsley v. Griffith, Dig. S. C. D. p. 381, No. 6. Even when the appeal 
 comes direct from the court of original jurisdiction under sub-section 3 of 
 section 20 ; although when allowing appeals under section 6 of the Supreme 
 Court Amendment Act of 1879, from which sub-section 3 of section 26 is 
 taken, the Supreme Court held it was not bound by the limitation as to 
 time in section 25 of the Supreme and Exchequer Courts Act of 1875. 
 Ikmk ofB. N. A. v. Walker, Dig. S. C. D. p. 381, No. 5. 
 
 It is necessary that when the " case " is transmitted to the Registrar 
 of the Supreme Court, it should be accompanied by a certificate stating 
 that security has been given to the satisfaction of the court below or a 
 judge thereof (when security has been given in that court), and setting 
 forth the nature of the security, and having a copy of any bond executed 
 as security attached to the certificate. (Rule (5.) Without such a certi- 
 ficate the court will not hear the appeal. McDonald v. Abbott, 3 Can. 
 S. C. R. 278. 
 
SUPREME AND EXCHEQUER COURTS ACT. 89 
 
 The approval of tlia security is a mode of allowing the appeal, and 
 after such approval has been given and appeal allowed, the court below 
 ceases to have any jurisdiction over the case, except under the provisions 
 relating to the stay of execution (section 47 et scq.) ; and any order there- 
 after made by the court below will be disregarded by the Supreme Court. 
 Lakin v. NnttaU, 3 Can. S. C. R. G<)1 : WaUmleij v. Griffith, Dig. S. C. D., 
 p. 404, No. 104: Stam v. Congrave Brewing and Malting Co., Ibid. p. 405, 
 Xo. 105. 
 
 The Court of Appeal for Ontario has held that no appeal lies to that 
 court from a judgment of a judge of that court extending time for 
 appealing, yeill v. Travellers Ins. Co., 9 Ont. App. R. 54. 
 
 An application in the Supreme Court to have the security allowed 
 should be made in chambers, and not to the full court, and should be on 
 notice, stating the nature of the security. A copy of the bond should 
 be served with the notice, and the original filed in the Registrar's 
 office. 
 
 Where an application had been made to a judge in chambers and 
 refused, the court refused to entertain a similar application. McNah v. 
 Wagler, Dig. S. C. D. p. 407, No, 108. 
 
 The court has no discretion to increase the amount of security on 
 appeal to the Supreme Court of Canada fixed by this section at ftuOO, 
 although there may be a number of respondents all in different interests. 
 Per Osier, J.A., Arclier v. Severn, 9 Ont. P. R. 472. 
 
 In Wheeler v. lilack, 2 M. L. R., Q. B. 159, it was held by Cross, J., of 
 the Court of Q. B. (P.Q.), after consultation with the other members of 
 that court, that personal security is sufficient, and that the sureties need 
 not justify on real estate. 
 
 The security required to obtain a stay of execution may be given 
 Ijy the same instrument whereby the security under section 4(i is given. 
 (Section 47, sub-section 2.) 
 
 By sub-section 30 of section 7 of the Interpretation Act, it is provided 
 that, " The expression ' sureties ' means sufficient sureties, and the 
 expression ' security ' means sufficient security, and whenever these 
 words are used, one person shall be sufficient therefor, unless otherwise 
 ex))re8sly required." 
 
 Tlie following sections provide for a stay of execution in certain cases. 
 
40 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Execution stayed— Exceptions— If the judgment orders 
 delivery of documents or personalty— Or execu- 
 tion of conveyance— If the court appealed from is 
 one of appeal— If the judgment directs sale, etc., 
 of realty— If the judgment directs payment of 
 money as a debt, etc— As to instrument for 
 giving such security. 
 
 47. Upon the perfecting of such security, execution 
 shall be stayed in the original cause, except in the follow- 
 ing cases : — 
 
 {a) If the judgment appealed from directs an assign- 
 ment or delivery of documents or personal property, the 
 execution of the judgment shall not be stayed, until the 
 things directed to be assigned or delivered have been 
 brought into court, or placed in the custody of such officer 
 or receiver as the court appohits, nor until security has 
 been given to the satisfaction of the court appealed from, 
 or of a judge thereof, in such sum as the court or judge 
 directs, that the appellant will obey the order or judg- 
 ment of the Supreme Court ; • 
 
 (t) If the judgment appealed from directs the execution 
 of a conveyance or any other instrument, the execution on 
 the judgment shall not be stayed, until the instrument 
 has been executed and deposited with the proper officer of 
 the court appealed from, to abide the order or judgment of 
 the Supreme Court; ' ^ > • 
 
 (c) If the court appealed from is a court of appeal and 
 such assignment or conveyance, document, instrument, 
 property or thing, as aforesaid, has been deposited in the 
 custody of the proper officer of the court in which the 
 cause originated, the consent of the party desiring to 
 appeal to the Supreme Court, that it shall so remain to 
 
SUPREME AND EXCHEQUEEl COURTS ACT. 41 
 
 abide the judgment of the Supreme Court, shall be binding 
 on him, and shall be deemed a compliance with the fore- 
 going requirements of this section ; 
 
 (d) If the judgment appealed from directs the sale or 
 delivery of possession of real property > chattels real or 
 immovables, the execution of the judgment shall not be 
 stayed until security has been entered into to the satisfac- 
 tion of the court appealed from, or a judge thereof, and in 
 such amount as the said last mentioned court or judge 
 directs, that during the possession of the property by the 
 appellant he will not commit, or suffer to be committed, 
 any waste on the property, — aind that if the judgment is 
 affirmed, he will pay the value of the use and occupation 
 of the property from the time the appeal is brought until 
 delivery of possession thereof, — and also, if the judgment 
 is for the sale of property and the payment of a deficiency 
 arising upon the sale, that the appellant will pay the 
 deficiency ; 
 
 (e) Li the judgment appealed from directs the payment 
 of money, either as a debt or for damages or costs, execu- 
 tion thereof shall not be stayed, until the appellant has 
 given security to the satisfaction of the court appealed 
 from, or of a judge thereof, that if the judgment or any 
 part thereof is affirmed, the appellant will pay the amount 
 thereby directed to be paid, or the part thereof as to which 
 the judgment is affirmed, if it is affirmed only as to part, 
 and all damages awarded against the appellant on such 
 appeal ; 
 
 2. Provided that in any case in which execution may 
 be stayed on the giving of security under this section, sucli 
 security may be given by the same instrument whereby 
 the security prescribed in the next preceding section is 
 given. 38 V., c. 11, s. 32. 
 
42 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Fiat to sheriff when security is perfected— If the court 
 appealed from is one of appeal— Proviso; as to 
 poundage. 
 
 4!»i. Wheu the security has been perfected ami allowed, 
 any judge of the court appealed from may issue his fiat to 
 the sheriff, to whom any execution on the judgment has 
 issued, to stay the execution, and the execution shall be 
 thereby stayed, whether a levy has been made under it or 
 not ; and if the court appealed from is a court of appeal, 
 and execution has been already stayed in the case, such 
 stay of execution shall continue without any new fiat, 
 until the decision of the appeal by the Supreme Court : 
 Provided always, that upon any judgment appealed from, 
 on which any execution is issued before the judge's fiat 
 to stay the execution is obtained, no poundage shall be 
 allowed against the appellant, unless a judge of the court 
 appealed from otherwise orders. 38 V., c. 11,8. 33. 
 
 Money levied and not paid over before fiat to be repaid. 
 
 •40. If, at the time of the receipt by the sheriff of the 
 fiat, or of a copy thereof, the money has been made or 
 received by him, but not paid over to the party who issued 
 the execution, the party appealing may demand back from 
 the sheriff the amount made or received under the execu- 
 tion, or so much thereof as is in his hands not paid over, 
 and in default of payment by the sheriff, upon such 
 demand, the party appealing may recover the same from 
 him in an action for money had and received, or by means 
 of an order or rule of the court appealed from. 38 V., 
 c. 11, 8. 35. 
 
 Perishable property. 
 
 50. If the judgment appealed from directs the delivery 
 of perishable property, the court appealed from, or a judge 
 
SUPREME AND EXCHEQUEU COURTS ACT. 48 
 
 thereof, may order the property to be sold and the proceeds 
 to be paid into court, to abide the judgment of the Supreme 
 Court. 38 v., c. 11, s. 36. 
 
 As to stayinji; proceedin<;s under section 47, see cases cited in Maclen- 
 iian's Judicature Act, 2nd edition pages 701-2, decided under the R. S. O. 
 1W87, c. 38, 3. 27, relating to appeals to the Court of Appeal of Ontario, 
 which section is substantially the same as the above section, 47. 
 
 In England it is provided by Order n8. Rule 16, that " an appeal shall 
 not operate as a stay of execution or proceedings, under the decision 
 appealed from, except so far as the court appealed from, or any judge 
 thereof, or the Court of Appeal may order." But a stay of execution 
 for the payment of money or costs, under section 47, will be given to an 
 appellant as a matter of right upon giving the security prescribed by 
 that section. 
 
 DISCONTINUANCE OF PROCEEDINGS. 
 
 Discontinuing proceedings. 
 
 31 . An appellant may discontinue his proceedings by 
 giving to the respondent a notice entitled in the Supreme 
 Court and in the cause, and signed by the appellant, his 
 attorney or solicitor, stating that he discontinues such pro- 
 ceedings ; and thereupon the respondent shall be at once 
 entitled to the costs of and occasioned by the proceedings 
 in appeal ; and may, in the court of original jurisdiction, 
 either sign judgment for such costs or obtain an order 
 from such court, or a judge thereof, for their payment, 
 and may take all further proceedings in that court as if no 
 appeal had been brought. 38 V., c. 11. s. 39. 
 
 The respondent should file the notice of the discontil^uanc6 in the office 
 of the registrar of the Supreme Court and obtain an appointment to tax 
 the costs of the proceedings in appeal. 
 
44 SUPREME AND EXCHEQUER COURTS ACT. 
 
 CONSENT TO REVERSAL OF JUDGMENT. 
 
 Consent to reversal. 
 
 53. A respondent may consent to the reversal of the 
 judgment appealed against, hy giving to the appellant a 
 notice entitled in the Supreme Court and in the cause, and 
 signed by the respondent, his attorney or solicitor, stating 
 that be consents to the reversal of the judgment ; and 
 thereupon the court, or any judge thereof, shall pronounce 
 judgment of reversal as of course. 38 V., c. 11, s. 40. 
 
 I 
 
 DISMISSAL FOR DELAY. 
 
 Dismissal for delay to proceed. 
 
 53. If an appellant unduly delays to prosecute his 
 appeal, or fails to bring the appeal on to be heard at the 
 first session of the Supreme Court, after the appeal is ripe 
 for hearing, the respondent may, on notice to the appellant, 
 move the Supreme Court, or a judge thereof in chambers, 
 for the dismissal of the appeal ; and such order shall 
 thereupon be made as the said court or judge deems just. 
 38 V., c. 11, s. 41. 
 
 Rule 5 of the Supreme Court provides, that if the appellant does not 
 file his case in appeal with the registrar, within one month after the 
 security required by the Act shall be allowed, he shall be considered as 
 not duly prosecuting his apjjeal, and the respondent may move to 
 dismiss. The time may be extended by the Supreme Court or a judge 
 thereof. (Rules 42 & 70). 
 
 But any unreasonable delay will expose the appellant to a motion to 
 dismiss. And if the motion be granted by a judge in chambers in the 
 reasonable and proper exercise of his discretion the court will not inter- 
 fere. WhitJieUl v. The Merchants' Bank, Dig. S. C. D. p. 390, No. 51 : 
 Cute V. Stadacona Ass. Co., Ibid. p. 390, No. 52 : Winnipeg v. Wright, 
 13 Can. S. C. R. 441. 
 
SUPREME AND EXCHEQUER COURTS ACT. 45 
 
 And such a motion should more properly be made to a judge in 
 chambers. Marthi v. lioij, Ibid. p. 390, No. 53. But in an Election 
 appeal the motion should be made to the court and not to a judge in 
 chambers, and it would seem that sections 51, 52 A 53, do not apply to 
 such appeals. No Election appeal has been discontinued, dismissed, or 
 the judgment in the case reversed, without an order of the court. Son- 
 huiHL'8 Case, Dig. S. C. D. p. 390, No. 54 : North York Election Case, Ibid. 
 p. 391, No. 55 : Charlevoix Election Case, Ibid. p. 403, No. 99 : Lincoln 
 Case, Patterson v. Rykert : and llussell Case. (Not yet reported.) 
 
 Rule 44 provides that unless an appeal is brought on for hearing by 
 the appellant within one year next after the security shall have been 
 allowed, it shall be held to have been abandoned without any order to 
 dismiss being required, unless the Supreme Court or a judge thereof 
 shall otherwise order. 
 
 See Rule 70 and notes for other cases relating to the granting or refusing 
 an extension of time for the prosecution of appeals. 
 
 As section 39, Supreme and Exchequer Courts Act, provides that pro- 
 ceedings in appeals shall, when not otherwise provided for, be as nearly as 
 possible in conformity with the present practice of the Judicial Com- 
 mittee, it may be as well to refer to the practice of the Judicial Com- 
 mittee bearing on the dismissal of appeals for want of prosecution. By 
 the present practice of the Judicial Committee of the Privy Council, 
 the registrar or other proper officer having the custody of records in any 
 court from which an appeal is brought, is directed to send a transcript 
 of the record with all possible despatch to the registrar of the Privy 
 Council ; the appellant or his agent must within six calendar months 
 from the arrival of the transcript and the i-egistration of it in all matters 
 brought by appeal from colonies and plantations east of the Cape of Good 
 Hope or from the Territories of the East India Company, and within 
 three months in all matters brought by appeal fi-om any other part of 
 Her Majesty's Dominions abroad, apply for the printing of the transcript 
 and in default the appeal is to stand dismissed without fiirther order. 
 Order of the 13th June, 1853. (See Appendix.) This order, says Mac- 
 pherson, (Prac. P. C. p. 9G) has practically superseded the rule requiring 
 the petition of appeal to be tiled within a year and day. " The Judicial 
 Committee would always," he adds, "have granted leave to appeal upon 
 a proper case being made, even after the lapse of a year and a day from the 
 judgment." And at page 99, he says: "Even when an appeal stands 
 dismissed for want of prosecution, it is sometimes restored upon cause 
 shown, proper terms being of course imposed. Indeed the Privy Council 
 have gone a great way in excusing unintentional laches, in one case 
 restoring a case after it had been dismissed for want of prosecution 
 
4(> SUPUKME AND EXCHEQUER COURTS ACT. 
 
 (iiiriii}^ ton years." See Macpherson, chapter ">, l)ef,'inniiif,' paye !(4, "on 
 ilisniiasal of appeals before hearinji," for practice of tlio Judicial Com- 
 mittee fj;eucrally in tlealing with tlelays in prosecuting appeals. 
 
 PAKTIES. 
 
 DKATH OF PARTIES. 
 
 Case of death of one of several appellants. 
 
 ' »"54. In the event of the death of one of several appel- 
 lants, pending the appeal to the Supreme Court, a sugges- 
 tion may be filed of his death, and the proceedings may, 
 thereupon, be continued at the suit of and against the 
 surviving appellant, as if he were the sole appellant ; but 
 vsuch suggestion, if untrue, may be set aside on motion made 
 to the Supreme Court, or a judge thereof in chambers. 
 38 v., c. 11, s. 42. 
 
 Of sole appellant or of all the appellants. 
 
 S*i' In the event of the death of a sole appellant, or of 
 all the appellants, the legal representative of the sole 
 appellant, or of the last surviving appellant, may, by leave 
 of the court or a judge, file a suggestion of the death, and 
 that he is such legal representative, and the proceedings 
 may thereupon be continued at the suit of and against such 
 legal representative as the appellant ; and if no such 
 suggestion is made, the respondent may proceed to an 
 affirmance of the judgment, according to the practice of 
 the court, or take such other proceedings as he is entitled 
 to ; and such suggestion, if untrue, may, on motion, be set 
 aside by the court or a judge thereof. 38 V., c. 11, s. 43. 
 
 Of one of several respondents. '• 
 
 56. In the event of the death of one of several respond- 
 ents, a suggestion may be filed of such death, and the 
 
Bl'PREMK AND EXCHEQUKH COURTS ACT. 47 
 
 procL'edin^H may be continued against the surviving respond- 
 ent, but such su^'jj;osti()n, if untrue, may, on motion, be set 
 nside by the court or a judge thereof. 38 V., c. 11, 8. 44. 
 
 Of sole respondent or of all the respondents. 
 
 HT. In the event of the deatli of a sole respondent, or of 
 all the respondents, the appellant may proceed, upon giving 
 one month's notice of the appeal and of his intention to 
 continue the same, to the representative of the deceased 
 party, or if no such notice can be given, then upon such 
 notice to the parties interested as a judge of the Supreme 
 Court directs. 38 V., c. 11, s. 45. 
 
 These provisions relate only to the contingency of the death of a party 
 to the appeal. But Rule 3G supplements these sections by providing as 
 follows: " In any case not already provided for by the Act, in which it 
 becomes essential to make an additional party to the appeal, either as 
 appellant or respondent, and whether such proceeding becomes necessary 
 in conseqaence of the death or insolvency of any original party, or from 
 any other cause, such additional party may be added to the appeal by 
 filing a suggestion as nearly as may be in the form provided for by 
 section 43 [now 55] of the Act." 
 
 Rules 37 and 38, provide a mode of setting aside such suggestion, and 
 of trying any question of fact arising out of it. 
 
 In the event of the death of a party interested in an appeal between 
 the hearing of the appeal and the delivery of judgment, the judgment of 
 the Supreme Court will be entered nunc pro time as of the date of hearing. 
 Merchants' Bank v. Smith, Dig. S. C. D. p. 3{)G, No. 84 : Merchants' Bank 
 V. Keefer, Ibid. p. 3',)6, No. 85 : Ontario d; Quebec Raihvay Co. v. Philbrick, 
 r^jd. p. 397, No. 8(). 
 
 As a general rule the appeal must be heard on the " case " as transmit- 
 ted to the court. 
 
 In an appeal from Quebec, where it was sought to add a party as 
 co-respondent on the ground that he had obtained from the respondents 
 a notarial assignment of all their interest in the suit, made prior to the 
 hearing of the case by the Court of Appeal of the province, the Supreme 
 Court held that the application to add the assignee should have been made 
 at the earliest opportunity to the court below and was not one the 
 
48 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Hupreme Court should be called upon to decide. Dorion v. Crowley, 
 Diy. S. C. D. p.-40'i, No. 97. 
 
 But where a party has been improperly joined, as co-plaintiff or 
 co-defendant, the Supreme Court will order him to be struck out of the 
 record. Caldwell v. Stadacona F. dt L. Iiis. Co., Dig. S. C. D. p. 402, 
 No. 96. 
 
 And where a party was, by the judj^ment of the court, made liable for 
 the costs of the appeal, althouf^h he had in fact not been a party to such 
 appeal, nor interfered in the appeal by depositing a factum, or appearing 
 by counsel at the argument, the judgment was amended by the court. 
 /.OH// V. 7/a«cor A: (not reported). • 
 
 And where parties, other than those on ''ie record, have an interest 
 entitling them to prosecute an appeal in the name of the plaintiff on the 
 record, the Supreme (jourt will permit them to do so, on such terms as 
 may seem just. Langtrtj v. Dunioulin, Dig. 8. C. D. p. 382, No. 10. 
 
 ENTRY OF CAUSES. 
 
 Entry of appeals on list and order of hearing. 
 
 58. The appeals set down for hearing shall be entered 
 by the registrar of the court, on a list, divided into three 
 parts, and to be numbered and headed as follows : " Num- 
 ber one, Maritime Provinces cases ; " " Number two, 
 Quebec cases;" "Number three, Ontario cases:" and the 
 registrar shall enter all appeals from the Provinces of Nova 
 Scotia, New Brunswick and Prince Edward Island on part 
 numbered one, and all appeals from the Province of Quebec 
 on part numbered two, and all appeals from the Provinces 
 of Ontario, Manitoba and British Columbia [and from the 
 North-west Territories] on part numbered three, in the 
 order in which they are respectively received ; and such 
 appeals shall be heard and disposed of in the order in which 
 they are so entered, unless otherwise ordered by the court. 
 42 v., c. 39, s. 15. 
 
 It lias been tiie practice to give Election appeals precedence, as 
 required by the spirit of the provisions relating to such appeals. 
 
SUPREME AND EXCHEQUER COURTS ACT. 49 
 
 No appeal can be set down for hearing which has not been filed twenty 
 clear days before the first day of the Hession. (Rule 31 as amended by 
 Rule 80). Nor unless the appellant's factum lias been deposited in the 
 proper time. But if the respondent fails to deposit his factum in the 
 proper time the appellant may inscribe the appeal for hearing ex parte. 
 (Rule 27). Such inscription ex parte may be set aside upon an application 
 to a judge in chambers sufficiently supported by affidavits. (Rule 28). 
 
 The registrar should bo requested to inscribe the appeal for hearing by 
 prsocipe filed in his office. 
 
 JUDGMENTS. 
 
 Quashing proceedings in certain cases. 
 
 5tt. The Supreme Court may quash proceedings in cases 
 brought before it, in which an appeal does not lie, or when- 
 ever such proceedings are taken against good faith. 38 V., 
 
 C. 11, 8. 37. • : i 
 
 When an appeal is quashed for want of jurisdiction, the court may 
 order the taxation and payment of costs. lieaminh v. Kattlhach, Dig. 
 S. C. D. p. 387, No. 31. 
 
 A motion to quash should be made to the court, and not to a judge in 
 chambers. And should be made at the earliest convenient moment. 
 
 In Tlw Queen v. Nevim, Dig. S. C. D. p. 210, No. 33, although the objec- 
 tion was t'lkeii by the court, the appellant was allowed costs. Major v. 
 The Corporation of Three Rivers, Ibid. p. 211, No. 26. 
 
 But when the objection to the jurisdiction is taken at the hearing by 
 the court, as a general rule no costs will be given. Champoii.t v. Lapierre, 
 Dig. <. C. D. p. 214, No. 31: Gcndron v. McDougall, Ibid. p. 218, No. 30: 
 Bank of Toronto v. LeCnrJ, etc., of the Parish of NativitJ, Ibid. p. 250, 
 No. 40 : Dumville v. Cameron, Ibid. p. 240, No. 23. In this last case the 
 appeal was heard ex parte, the respondent not appearing. 
 
 When the objection to the jurisdiction is taken by the respondent in 
 his factum, and the motion made to the court at the earliest convenient 
 time, the general costs of the appeal will be given, and a counsel fee as on 
 motion to quash. Danjou v. Marquis, 3 Can. S. C. R. 251 : Dig. S. C. D. 
 p. 232, No. 11: Reid v. Ramsay, Ibid. p. 238, No. 21 : McGoican v. Mockler, 
 Ibid. p. 239, No. 22 ; LeMaire, etc., de Terrebonne v. Les Sveurs de VAsile de 
 la Providence, Ibid. p. 253, No. 43. 
 
 C.8.E.C. 4 
 
60 HIJI'UKMK AND KKCllV'AiVKH COIJRTH ACT. 
 
 On fi motion torjiiiiHli, n f(!(! of ft'jr* tniiy ]><: iill()W(:r|, iicconlint^ to (lincn^- 
 tioM of tlio nj^iHtmr, Hiibject to lie incniiiHiiil hy order of the; <;oiiit or u 
 jii(l;{u. In Danjoii v. Mdiufiiin {Hiipni}. IIk; foc; w.ih incroiiscd to ft7-'>. Iti 
 Mcdowan v. Mnnklcr {Kupni), tluj f<'(; was iiicri^aHcd to D.'iO. 
 
 Appeal may be dismissed or judgment given. 
 
 IJO. Tlic Siii)rc'Mio Court may (lisinlHs an appeal, or give 
 the jiidj^iruint, and award tlio process or other proccedinj^'s 
 which the court, whose,' decision is appealed against, should 
 have given or award(;d. JJH V., e. II, h. IJH, part. 
 
 Hiiction r/A providoH for tlio diHtniwHul of nn tippciil by tin; Huprcine 
 Court or a jiidf^o tlioroof for doliiy. 
 
 New trial may be ordered. 
 
 OI. On any appeal the court may, in its discretion, 
 order a now trial, if the ends of justice seem to require it, 
 although such new trial is deemed necessary upon the 
 ground that the verdict is against the weight of evidence. 
 43 v., c. 84, 8. 4. 
 
 TliiH HGction oHtabliHlicH an exception to Hcctioii 27. See uIho nection 
 21, paragraph (,7), and Hection 30. 
 
 When the court below, in the exercise of itH dincretion, haH ordered 
 a new trial on the (ground that the verdict \h a^^aiiiHt the weight of 
 eviclenoe, the Supremo Court will not entertain tlio appeal. Kureko 
 Woolen MilU v. Mmn, 11 Can. 8. C. R. !)1. 
 
 COSTS. 
 
 Payment of costs. 
 
 Ha. The Supreme Court may, in its discretion, order 
 the payment of the costs of the court appealed from, and 
 also of the appeal, or any part thereof, as well when the 
 judgment appealed from is varied or reversed as where it Ih 
 affirmed. 88 V., c. 11, s. 38, part. 
 
 Thiu iH taken from the latter part of ooction iiH of the Kupreine and 
 Exchequer Courts Act of 187^5, but that, Hoction read " au well whoa the 
 
Kri'UKMK AND KX( II la/fKIl COIIt'lH ACT. HI 
 
 jiKJUiiKiiit iippciilcd from Ih roveiHod aHwlioro it jh adirrnod." It lias been 
 tlif)iit?ht neccHHaiy or arlviHalik- to provide Hiiecially for tlie caw? where the 
 
 jiidtiniciit Ih vririi'd. 
 
 Srictioii 7!>of the Supreme and Kxehoqner CourtH Act of IH?;', provided 
 tiiii,t till! jiid(-'<!H of tlu! Sn])miif. Court or any flv(! of them mit^iit f?-om 
 time to timc! make f.;cMi<'ral rnlcH ami orrlerH, luwonn otiicr thinj^H, " for 
 lixin^ tlie feeH and costH to Im! taxi;d and allowed to and re(;eive<l and 
 tak'^n hy • • • tlie oCtieerH of tlie Haid coiirtH." 
 
 Hy Hection :J'J of the Knpreim; Court Amrndmi^nt Act of 1H7',), it wan 
 provi(l(!d that the jud;.^eK of the Supreme (lourt or any five of them mij^ht, 
 iinil(;r the Tilth Heotion of the Act of \Hir>, from time to time nnike (,'eneral 
 iu'eH and orderH for avvardiiif^ and ref^ulatin^ contH in tlie Supreme and 
 ll.veheipier (JourtH in favor of and a^^aiiiKt the (Jrown »h well an the 
 rtlli)j<.'(:t. 
 
 'I'heKi! provirtionH of Hoction 711 of the A<:., of 1H7;>, and Kection H2 of the 
 Act of IHTli, were conHoliduted in Hoction lOtI of the HeviHcd Act. 
 
 Hule 57 providcH that coHtH in appeal hetween party and party Hhall 
 1h! taxed pursuant to the tariff of fees contained in Scliedule J> to the 
 
 orderH. 
 
 'I'liin tariff haa been amended in certain particulars hy Rules HI A H'2. 
 
 The court IniB not thouj^ht it advisable to ret^ulate coKts l)etween 
 solicitor and client. The rej^istrar df)cs not tax such costs, Itoak v. 
 Merchants Marine Inn. Co., Difj,. S. C. I), p. a87, No. 85. 
 
 The {general rule has been to allow costs to the successful party ; even 
 when an apjjcal has been quasiied ff)r want of jurisdiction. Hut nf)t 
 when the objection to the jurisdiction has bcf n taken by the court itself. 
 See notes to section M. 
 
 j Where an appeal was allowed on an objection taken for the first time 
 on the ar^,'ument of the appeal before the Supreme Court no costs were 
 Kiven. Canada Soullmrn Ry. Co. v. Norrell, Di^. S. C. D. p. IT), No. .'3. 
 
 In un appeal from Quebec, where an objection tliat the action liad l^ecn 
 
 jireHcribcd was taken by the appellant (defendant) for the first time on 
 
 tin; argument of the appeal, tlie court held tliat it was bound to niva 
 
 I ITcct to the objection, but the appeal was allowed without costs in any 
 
 of the courts. Ihirion v. Ciaiclty, JJig. S. C. D. p. '1'20, No. 12. 
 ! 
 
 The uniform practice has baen not to ^ive costs where the court has 
 
 been equally divided. JJig. H. C. D. p. ilHO, No. 2!l, 
 
 In hnbean cnrpuH appeals and Criminal appeals, as a (general rule no 
 costs are j<iven. In re 0. It. .Johmon, iJiji. S. C. 1). j). «H(5, No. HI : and 
 p. r>4(). No. 4. 
 
52 SUPREME AND EXCHKQUER COURTS ACT. 
 
 But where an appeal in a habeas corpus matter had been proceeded 
 with after the <lischarf?e of the prisoner and for the mere purpose of 
 obtaining a decision on the question of costs, the appeal was dismissed 
 with costs. Fraser v. Tuppcr, Dig. S. C. D. p. 240, No, 24. 
 
 Rule .'jS provides that the court or a judge may direct a fixed sum for 
 costs to bo paid in lieu of directing tlie payment of costs to be taxed. 
 
 In interlocutory applications not provided for in the tariff (schedule 
 D.) costs have usually been fixed, in pursuance of this order. 
 
 Section 35 of the Supreme Court Amendment Act of 1879 provided, 
 that an order in either the Supreme Court or the Exchequer Court for 
 payment of money, whether for costs or otherwise, might be enforced by 
 the same writs of execution as a judgment in the Exchequer Court. 
 
 This section was introduced into the Revised Statute as section 107. 
 Now, by chapter 16 of 50 & 51 V., sch. A, the following section is substi- 
 tuted : " An order in the h'upreme Court for payment of money, whether 
 for costs or otherwise, may be enforced by such writs of execution as 
 the court prescribes." 
 
 By section 108 of the Revised Act, it is provided, that no attachment 
 as for contempt shall issue in the Supreme Court for the non-payment of 
 money only. . , 
 
 By Rule 59 it is provided, that the payments of costs, if so ordered, 
 may be enforced by process of execution in the same manner and by 
 means of the same writs and according to the same practice as may be in 
 use from time to time in the Exchequer Court of Canada. See this rule 
 and notes. 
 
 Writs of execution have never been issued from the Supreme Court of 
 Canada to enforce ]myment of the costs of appeal. Payment of such cost 
 must be enforced by process from the courts below. But a writ of 
 execution may be issued in an election appeal for the costs of the appeal. 
 In North Ontario Case, {Whclcr v. Gibhs), February, 1881, aji. f<t. goods wiis 
 issued for such costs. 
 
 But with respect to costs of the court below in an election case, fpo 
 section 54 of the Dominion Controverted Elections Act, and Election 
 Appeals, ])Ost, Part II. 
 
 For interlocutory costs, a writ of execution may be obtained from >ho 
 Supreme Court. 
 
 As to distraction of costs, it has been held that where distraction lias 
 not been asked for by the pleadings, or by the factum, it should be aslud 
 for when judgment is rendered. If not tlien asked for, any subsequon; 
 application must be made to the court upon notice to the other side. 
 Letoiirneux v. Damereau, Dig. S. C. D. p. 387, No. 30. 
 
 s 
 
SUPREME AND EXCHEQUER COURTS ACT. 53 
 
 When no one appears on behalf of appellant when an appeal is called 
 for hearing? and counsel for respondent asks for the dismissal of the 
 appeal, it will be dismissed with costs. Di^. S. C. D. and cases cited, 
 p. 389, No. 50. 
 
 See further. Rule 57 and notes, for the practice relating to -costs gener- 
 ally, and the taxation and enforcement of payment of costs. 
 
 AMENDMENTS. 
 
 Necessary amendments may be made- 
 
 63. At any time during the pendency of any appeal 
 before) the Supreme Court, the court may, upon the appli- 
 cation of any of the parties, or without any such applica- 
 tion, make all such amendments as are necessary for the 
 purpose of determining the appeal, or the real question or 
 controversy between the parties, as disclosed by the 
 pleadings, evidence or proceedings. 43 V., c. 34, s. 1. 
 
 At whose instance. 
 
 04. Any such amendment may be made, whether the 
 necessity for the same is or is not occasioned by the defect, 
 error, act, default or neglect of the party applying to 
 amend. 43 V., c. 34, s. 2, 
 
 Conditions of amendment. 
 
 65. Every amendment shall be made upon such terms 
 as to payment of costs, postponing the hearing or other- 
 wise, as to the court seems just. 43 V., c. 34, s. 3. 
 
 As to amending a record by adding a plea of justification under writ, 
 in an action against sheriff for seizing logs under writ of replevin, see 
 StDim V. Sheri(r, Dig, S. C. D. p. 77, No. 14. 
 
 As to amending pleadings in action brought by a corporation against 
 defendant for selling without license contrary to by-laws, see PicliJ v. 
 City of Quebec, Dig. 8. C. D. p. 273, No. 7. 
 
 Appeal refused from an interlocutory judgment of the court below 
 refusing motion for leave to file new pleas. Dawson v. Union Bank, 
 Dig. 8. C. D. p. 247, No. 35. 
 
:i^: 
 
 51 SUl'UEMK ANO KXCHIi'iUEIt COURTS ACI. 
 
 Amendhuj Case. 
 
 Ah to wliat the " case " Hlionld contain, see section 41, and notes. 
 
 Rule 1 of the Supremo Court provides that tlie court, or a judtje tliercof, 
 may order tiie case to be remitted to the court below, in order tliat it niay 
 be made more complete by the addition thereto of further matter. 
 
 If the formal order or judj^ment of the court below has not been made 
 part of the case, the case cannot be received by tlie rejiiistrar, and if 
 received, the court may order the appeal to stand over till perfected. 
 Kearney v. Kejin, Dig. S. C. I), p. 'Ah'A, No. 11. 
 
 In one appeal the court ordered the appeal to be placed at the foot of 
 the list for hearing, to permit the rule of the court below to be added, 
 counsel for respondent consenting. Wallace v. Souther, Ihid, p. .S83,No. 12. 
 
 In an appeal from British Columbia, where the case contained no 
 formal order or judgment of the court below, over-ruling demurrers, upon 
 application of the agent for appellant's solicitors, the agent of respond- 
 ent's solicitors consenting, it was ordered that the registrar be at liberty 
 to file the case as received, without the formal order, and that the appel- 
 lants might attach within six weeks from that date the said formal order 
 to the case and copies. Bank of li. N. A. v. Walker, Dig. B. C. D. p. 3H3, 
 Mo. 14. 
 
 Where it appeared on the argument of the appeal that the decree of the 
 court of first instance was not in tlie case, the argument was allowed to 
 proceed on counsel undertaking to have decree added before judgment 
 given. Wriffht v. Huron, Dig. 8. C. D. p. 384, No. 17. 
 
 An application to amend the " case " sliould be made to a judge in 
 chambers and not to the court. yEtna Ins, Co. v. Drodie, Dig. B. C. D. 
 p. 383, No. 15. 
 
 Where the judge of tlie court below had certified that the examination 
 of one D. was made part of the case quantum valeat, the Supreme Court 
 remitted tlie case to tlie court below, to be settled in accordance with the 
 statute and practice, holding that it should appear clearly whether the 
 examination did or did not properly form a part of the case. McCall v. 
 Wol(f; Dig. 8. C. D. p. 384, No. IG. 
 
 Where it appeared that certain papers which a judge of the court below 
 had directed should form part of the case had been incorrectly printed, 
 the registrar was directed to remit the case to the court below to bo 
 correcttl. Parker v. Montreal City I'assewjer Railway Co., Dig, S. C. D. 
 p. 385, No. 21. 
 
 Amending Judy meat. 
 
 When it is clear that by oversiglit o- mistake an error has occurred in 
 the judgment of the court, the court i-as power of its own motion lu 
 
HUPRLMB AND KXCIIEQUER C0UUT8 ACT. 55 
 
 amend its jndt^meiit to make it conform to the intention of tlio court, and 
 tlio i)rincii)loH upon wiiicili its judf^mont wan baHcd. KdUray v. Yoimn, 
 Din. H. 0. D. p. 400, No. 1)2: Peiifoin' v. Knight. Ibid. p. 8!)7, No. DO: 
 Smith V. (loldic, Ibid. p. 397, No. J>1. 
 
 A motion to amend must not be practically a motion to reverse the 
 judgment of the court. Reeves v. Gerrikeii, Ibid. p. H!(7, No. 8H. 
 
 When the judf^ment is amended to conform to the intention of the 
 court, the judfjment will be made to read nunc pro tunc. Smith v, Goldie, 
 Ibid. p. mi, No. 87. . 
 
 When a new trial had been ordered by the Supreme Court, on the 
 f^round that an important question had not been submitted to or 
 answered by the jury, a motion to set aside the judgment and re-open 
 the hearing, supported by affidavits stating that as a matter of fact such 
 (juestion had actually been answered by the jury, was refused with 
 costs, the court holding that it was bound by the case as transmitted, 
 and as forming the matarial upon which the hearing was based. Provi- 
 dence Waiildn'jton Ins. Co. v. Oerow, (not yet reported). 
 
 INTEREST. 
 
 Interest to be allowed. 
 
 Mi. If on appeal against any judgment, the Supreme 
 Court affirms such judgment, interest shall be allowed by 
 the court for such time as execution has been delayed by 
 the appeal. 88 V., c. 11, s. 34. . 
 
 The question of the allowance of interest, for time judgment has been 
 stayed by the appeal, is one which the court will dispose of on its own 
 motion. McQueen v. The Phwnix Mutual Fire Inn. Co., Dig. B. C. D. 
 i;. ;5%, No. 81. 
 
 In an appeal from New Urunswick it was held that interest should be 
 idlowed on the principal sum from last day of next term after verdict. 
 Clark V. Hcottinh Impi rial Ins. Co., Ibid. p. 3UG, No. 82. 
 
 CERTIFICATE OF JUDGMKNT. • *v.^- 
 
 Judgment to be carried out by the court below. 
 
 07. The judgment of the Supreme Court in appeal 
 shall be certified by the registrar of the court to the proper 
 
56 SUPREME AND EXCHEQUER COURTS ACT. 
 
 officer of the court of original jurisdiction, who shall there- 
 upon make all proper and necessary entries thereof ; and 
 all subsequent proceedings may be taken thereupon as if 
 the judgment had been given or pronounced in the said 
 last mentioned court. 38 V., c. 11, s. 46. 
 
 6S «& OH. [These sections, which related to criminal appeals 
 have been repealed by chapter 50 of 50-51 V., which substituted other 
 provisions. See Criminal Appeals, post, p. 72.] 
 
 TO. [Relating to appeals from the Exchequer Court, has been 
 repealed by chapter 16 of 50-51 V., which has substituted other provi- 
 sions. See Exchequer Appeals, post, p. 77.] 
 
 JUDGMENT FINAL AND CONCLUSIVE. 
 
 Judgment to be final— Saving H. M. prerogative. 
 
 71. The judgment of the Supreme Court shall, in all 
 cases, be final and conclusive, and no appeal shall be 
 brought from any judgment or order of the Supreme 
 Court to any court of appeal established by the Parliament 
 of Great Britain and Ireland, by which appeals or petitions 
 to Her Majesty in Council may be ordered to be heard : 
 saving any right which Her Majesty may be graciously 
 pleased to exercise by virtue of her royal prerogative. 38 V., 
 c. 11, s. 47. 
 
 Compare this section with the provisions making the judgment uf the 
 Supreme Court final ia criminal appeals, and taking away any appeal 
 to the Privy Council in such appeals. See Part II, Criminal Appeals. 
 Many of the cases in which application has been made to the Judicial 
 Committee o" the Privy Council for leave to appeal, with the result in 
 each case, have been noted in the Dig. S. C. D. p. 541. 
 
 For other cases appealed to the Privy Council since the issue of the 
 Digest, see 13 Can. S. C. R. page 19. 
 
SUPREME AND EXCHEQUER COURTS ACT. 87 
 
 A party wishing? to appeal to the Privy Council does not apply to the 
 Supreme Court for leave to appeal. The coui-t has held that it has no 
 power to entertain such an application. Dig. S. C. D. p. 408, No. 98. 
 
 The usual practice is to apply to the registrar of the Supreme Court 
 for a certified copy of the case, factnms, judgment and reasons of the 
 judges. The Judicial Committee has held that it will not entertain any 
 application for leave to appeal, unless the linal judgment of the Supreme 
 Court has been drawn up and entered. Pion v. North Shore Ry. Co. 
 After obtaining the certified copy of the papers, the proceedings before 
 the Judicial Committee are by petition and affidavit. See Macpherson, 
 Privy Council Practice, page 22, et seq., and Lattey's Privy Council 
 Practice, page 32, et seq. 
 
 If leave to appeal is granted, the registrar of the Supreme Court is 
 directed by order of the Privy Council to send the necessary papers to 
 the registrar of the Privy Council. 
 
 In several appeals recently allowed the Judicial Committee has 
 accepted the papers already certified by the registrar as sufficient, and 
 has dispensed with the transmission of any others, the documents trans- 
 mitted by the registrar, in obedience to the order, being the same 
 as those furnished to the appellant and laid by him before the Judicial 
 Committee. 
 
 If he wishes to do so, the appellant may print the record before it 
 is transmitted to England, but he must be careful to comply with the 
 rules of the Judicial Committee regulating the size of type, style, etc. 
 These rules will be found on page 68, appendix, Macpherson's Privy Council 
 Practice. See also appendix, post. The type usod for the Privy Council 
 is pica, a size not much used in this country, most of our statutes, 
 reports, etc., being printed in small pica, which is also the type required 
 for cases and factums in the Supreme Court. If the record is not 
 printed at all, or not printed in accordance with the rules of the Judicial 
 Committee, the printing must be done in London. 
 
 In Lattey's Handibook on Privy Council Practice it is stated, page 3 : 
 " One great objection to the record being printed abroad is, that a 
 successful appellant is unable to recover the cost of printing from the 
 respondent, whilst if the record is printed in England such charges are 
 always included in the solicitor's bill, and are allowed on taxation." 
 
 The order in appeal of the Privy Count M is given to the solicitor of the 
 successful party. If it reverses the judgment of the Supreme Court it 
 should, on motion, be made an order of that court (Leivin v. Wilson), be 
 entered on the records of the court and then certified to the court below. 
 
58 SUPREME AND EXCHEQUER COURTS ACT. 
 
 If the judgment of the Supreme Court be affirmed it is not necessary to 
 have the order of tlie Privy Council made an order of the Supreme Court. 
 It is sufficient to make it an order of the court of original jurisdiction. 
 
 The application to make an order of the Privy Council an order of the 
 Supreme Court may be made in chambers. . 
 
 SPKCIAL JURISDICTION OF SUPREME AND EXCHEQUER COURTS. 
 
 Powers to be exercised with consent of Provincial 
 Legislatures. 
 
 72* When the Legislature of any Province of Canada 
 has passed an Act agreeing and providing that the 
 Supreme Court and the Exchequer Court, or the Supreme 
 Court alone, as the case may be, shall have jurisdiction in 
 any of the following cases, that is to say : — 
 
 First. Of controversies between the Dominion of Canada 
 and such Province ; 
 
 Second.' Oi controversies between such Province and any 
 other Province or Provinces which have passed a like Act ; 
 
 Third. Of suits, actions or proceedings in which the 
 parties thereto, by their pleadings, have raised the question 
 of the validity of an Act of the Parliament of Canada, when, 
 in the opinion of a judge of the court in which the same 
 are pending, such question is material ; v. -^ - 
 
 Fourth. Of suits, actions or proceedings in which the 
 parties thereto, by their pleadings, have raised the question 
 of the validity of an Act of the Legislature of such Province, 
 when, in the opinion of a judge of the court in which the 
 same are pending, such question is material ; 
 
 This section and the two sections of this Act next follow- 
 ing shall be in force in the class or classes of cases in 
 respect of which such Act so agreeing and providing has 
 been passed. 38 V., c. 11, s. 54. 
 
SUPREME AND EXCHEQUER COURTS ACT. 59 
 
 Proceedings in cases first and secondly mentioned— 
 And in those thirdly and fourthly mentioned— 
 Decision to be sent to court appealed from. 
 
 TJ$- The proceedings in the cases firstly and secondly 
 mentioned in the next preceding section shall be in the 
 Exchequer Court, and an appeal shall lie in any such case 
 to the Supreme Court ; and in the cases thirdly and 
 fourthly mentioned in such section, the judge who has 
 decided that such question is material shall, at the request 
 of the parties, and may, without such request, if he thinks 
 fit, order the case to be removed to the Supreme Court for 
 the decision of such question, and it shall be removed 
 accordingly ; and after the decision of the Supreme Court 
 the said case shall be sent back, with a copy of the judg- 
 mept on the question raised, to the court or judge whence 
 it came, to be then and there dealt with as to justice 
 appertains. 38 V., c. 11, ss. 55 & 56 ; 39 V., c. 26, s. 17. 
 
 To what cases preceding sections apply. 
 
 74. The two sections next preceding shall apply only to 
 cases of a civil nature, and shall take effect in the cases 
 therein provided for respectively, whatever is the value of 
 the matter in dispute, and there shall be no further appeal 
 to the Supreme Court on any point decided by it in any 
 such case, nor on any other point in such case, unless the 
 value of the matter in dispute exceeds five hundred dollars. 
 38 v., c. 11, s. 57. 
 
 The Legislature of Ontario passed an Act in 1877 consenting to the 
 jurisdiction provided for by section 72 being exercised. This Act was 
 chapter 37 of the E. S. O. 1877, and has been again enacted as chapter 
 42 of the R. S. O. 1887. See Appendix III. The Legislature of Nova 
 Scotia has passed a similar Act — Chapter 111 of the Revised Statutes, 
 5th series. The Legislature of British Columbia has also passed a 
 similar Act. 44 V., c. 6. 
 
 75-»0. fHave been repealed by 60-51 V., c. 16, Sch. B.] 
 
00 SUPREME AND EXCHEQUER COURTS ACT. 
 
 SUPREME AND EXCHEQUER COURTS. 
 
 EVIDENCE. 
 
 Affidavits. 
 
 ttl. All persons authorized to administer affidavits to be 
 used in any of the superior courts of any Province, may 
 administer oaths, affidavits and affirmations in such Pro- 
 vince to be used in the Supreme Court or in the Exchequer 
 Court. 38 v., c. 11, s. 74. 
 
 Commissioners for receiving affidavits may be appointed- 
 
 93. The Governor in Council may, by commission, 
 from time to time, empower such persons as he thinks 
 necessary, within or out of Canada, to administer oaths, 
 and to take and receive affidavits, declarations and affirma- 
 tions in or concerning any proceeding had or to be had in 
 the Supreme Court or in the Exchequer Court ; and every 
 such oath, affidavit, declaration or affirmation so taken or 
 made shall be as valid and of the like effect, to all intents, 
 as if it had been administered, taken, sworn, made or 
 affirmed before that one of the said courts in which it is 
 intended to be used, or before any judge or competent 
 officer thereof in Canada : , / 
 
 Style of commissioner. 
 
 2. Every commissioner so empowered shall be styled " a 
 commissioner for administering oaths in the Supreme 
 Court and in the Exchequer Court of Canada." 39 V., 
 c. 26, s. 10. 
 
 Before whom affidavits, etc, may be made out of Can- 
 ada—Their effect. 
 
 03. Any oath, affidavit, affirmation or declaration, 
 administered, sworn, affirmed or made out of Canada, 
 
SUPREME AND EXCHEQUER COURTS ACT. 01 
 
 before any commissioner authorized to take affidavits to 
 be used in Her Majesty's High Court of Justice in England, 
 or before any notary public, and certified under his hand 
 and official seal, or before the mayor or chief magistrate 
 of any city, borough or town corporate in Great Britain 
 or Ireland, or in any colony or possession of Her Majesty 
 out of Canada, or in any foreign country, and certified 
 under the common seal of such city, borough or town 
 corporate, or before a judge of any court of supreme juris- 
 diction in any colony or possession of Her Majesty or 
 dependency of the Crown out of Canada, or before any 
 consul, vice-consul, acting consul, pro-consul or consular 
 agent of Her Majesty exercising his functions in any 
 foreign place, and certified under his official seal, concern- 
 ing any proceeding had or to be had in the Supreme 
 Court or Exchequer Court, shall be as valid, and of like 
 effect, to all intents, as if it had been administered, sworn, 
 affirmed or made before a commissioner appointed under 
 this Act. 39 v., c. 26, s. 12. 
 
 • -. ■ 'i ' . .'■•.'.,,■ 
 
 No proof required of signature or seal of commissioner, 
 etc. 
 
 04- Every document purporting to have affixed, im- 
 printed or subscribed thereon or thereto, the signature of 
 any commissioner appointed under this Act, or the signa- 
 ture of any person authorized to take affidavits to be used 
 in any of the superior courts of any Province, or the signa- 
 ture of any such commissioner authorized to receive affi- 
 davits to be used in Her Majesty's High Court of Justice 
 in England, or the signature and official seal of any such 
 notary public, or the signature of any such mayor or chief 
 magistrate, and the common seal of the corporation, or the 
 signature of any such judge, and the seal of the court or 
 the signature and official seal of any such consul, vice- 
 consul, acting consul, pro-consul or consular agent, in 
 
62 SUPREME AND EXCHEQUER COURTS ACT. 
 
 testimony of any oatli, affidavit, affirmation or declara- 
 tion, having been administered, sworn, affirmed or made 
 by or before him, shall be admitted in evidence without 
 proof of any such signature or seal being the signature or 
 signature and seal of the person whose signature or signa- 
 ture and seal the same purport to be, or of the official 
 character of such person. 39 V,, c. 26, s. 13. 
 
 Informality not to be an objection, in the discretion of 
 the judge— Nor to be set up as defence in case of 
 perjury. 
 
 OS. No informality in the heading or other formal 
 requisites of any affidavit, declaration or affirmation, made 
 or taken before any person under any provision of this or 
 any other Act, shall be an objection to its reception in evi- 
 dence in the Supreme Court or the Exchequer Court, if the 
 court or judge before whom it is tendered thinks proper to 
 receive it ; and if the same is actually sworn to, declared 
 or affirmed by the person making the same before any 
 person duly authorized thereto, and is received in evidence, 
 no such informality shall be set up to defeat an indictment 
 for perjury. 39 V., c. 26, s. 15. 
 
 Examination on interrogatories or by commission of 
 persons wrho cannot conveniently attend. 
 
 9ii» If any party to any proceeding had or to be had in 
 either the Supreme Court or the Exchequer Court, is desir- 
 ous of having therein the evidence of any person, whether 
 a party or not, or whether resident within or out of 
 Canada, the court or any judge thereof, if in its or his 
 opinion it is, owing to the absence, age or infirmity, or the 
 distance of the residence of such person from the place of 
 trial, or the expense of taking his evidence otherwise, or 
 for any other reason convenient so to do, may, upon the 
 application of such party, order the examination of any 
 
SUPREME AND EXCHEQUER COURTS ACT. ' 63 
 
 such person upon oath, by interrogatories or otherwise, 
 before the reij;istrar of the court, or any commissioner for 
 taking affidavits in the court, or any other person or per- 
 sons to be named in sucli order, or may order the issue of 
 a commission under the seal of the court for such examina- 
 tion ; and may, by the same or any subsequent order, give 
 all such directions touching the time place and manner of 
 such examination, the attendance of the witnesses and the 
 production of papers thereat, and all matters connected 
 tiierewith, as appears reasonable : ., 
 
 Interpretation— " Witness." < 
 
 2. The person, whether a party or not, to be examined 
 under the provisions of this Act, is hereinafter called a 
 •' Witness." 39 Vic, c. 26, s. 1. 
 
 Duty of persons taking such examination. 
 
 97. Every person authorized to take the examination of 
 any witness, in pursuance of any ci the provisions of this 
 Act, shall take such examination upon the oath of the 
 witness, or upon affirmation, in any case in which affirmation 
 instead of oath is allowed by law. 39 V., c. 25, s. 2 part ; 
 —40 v., c. 22, s. 1. 
 
 Further examination maybe ordered— Penalty for non- 
 compliance. 
 
 98. The Supreme Court or Exchequer Court, or a judge 
 thereof, may, if it is considered for the ends of justice 
 expedient so to do, order the further examination, before 
 either the court or a judge thereof, or other person, of any 
 witness ; and if the party on whose behalf the evidence is 
 tendered neglects or refuses to obtain such further exami- 
 nation, the court or judge, in its or his discretion, may 
 decline to act on the evidence. 39 V., c. 26, s. 3. 
 
64 SUPREME AND EXCHEQUER COURTS ACT. 
 
 Notice to adverse party. 
 
 99. Such notice of the time and place of examination 
 as is prescribed in the order, shall be given to the adverse 
 party. 39 V., c. 26, s. 4. 
 
 Neglect or refusal to attend to be deemed contempt of 
 court— As to production of papers, etc. 
 
 100. When any order is made for the examination of a 
 witness, and a copy of the order, together with a notice of 
 the time and place of attendance, signed by the person or 
 one of the persons to take the examination, has been duly 
 served on the witness within Canada, and he has been ten- 
 dered his legal fees for attendance and travel, his refusal 
 or neglect to attend for examination or to answer any pro- 
 per question put to him on examination, or to produce any 
 paper which he has been notified to produce, shall be 
 deemed a contempt of court and may be punished by the 
 same process as other contempts of court ; but he shall 
 not be compelled to produce any paper which he would 
 not be compelled to produce, or to answer any question 
 which he would not be bound to answer in court. 39 V., 
 c. 26, s. 5; 40 V., c. 22, s. 2. 
 
 Effect of consent of parties. 
 
 101. If the parties in any case pending in either of the 
 said courts consent, in writing, that a witness may be 
 examined within or out of Canada by interrogatories or 
 otherwise, such consent and the proceedings had there- 
 under shall be as valid in all respects as if an order had 
 been made and the proceedings had thereunder. 39 V., 
 c. 26, s. 6. 
 
 Return of examinations taken in Canada — Use thereof. 
 
 102* All examinations taken in Canada, in pursuance 
 of any of the provisions of this Act, shall be returned to 
 
8UPUEME AND EXCHEQUER COURTS ACT. 65 
 
 the court; and the depositions, certified under the hands of 
 the person or one of the persons taking the same, may, 
 without further proof, be used in evidence, saving alJ just 
 exceptions. 39 V., c. 26, s. 7. 
 
 And of those taken out of Canada— Use thereof. 
 
 103. All examinations taken out of Canada, in pursu- 
 ance of any of the provisions of this Act, shall be proved 
 by affidavit of the due taking of such examinations, sworn 
 before some commissioner or other person authorized 
 under this or any other Act to take such affidavit, at the 
 place where such examination has been taken, and shall 
 be returned to the court ; and the depositions so returned, 
 together with such affidavit, and the order or commission, 
 closed under the hand and seal of the person or one of the 
 persons authorized to take the examination, may, without 
 furLher proof, be used in evidence, saving all just excep- 
 tions. 39 v., c. 26, 8. 8. 
 
 Reading examination. 
 
 104. When any examination has been returned, any 
 party may give notice of such return, and no objection to 
 the examination being read, shall have effect, unless taken 
 within the time and in the manner prescribed by general 
 order. 39 V., c. ^6, s. 9. 
 
 GENERAL PROVISIONS. 
 
 Process and officers of the court. 
 
 105. The process of the Supreme Court shall run 
 throughout Canada, and shail be tested in the name of the 
 chief justice, or in case of a vacancy in the office of chief 
 justice, in the name of the senior puisne judge of the court, 
 and shall be directed to the sheriflF of any county or other 
 
 C.S.E.C. 5 
 
66 SUPREME AND EXCHEQUER COURTS ACT 
 
 judicial division into which any Province is divided ; and 
 
 the sheriffs of the said respective counties or divisions 
 
 shall be deemed and taken to be ex officio officers of the 
 
 Supreme Court, and shall perform the duties and functions 
 
 of sheriffs in connection with the court ; and in any case 
 
 where the sheriff is disqualified, such process shall be 
 
 directed to any of the coroners of the county or district. 
 
 38 V., c. 11, ss. 66 and 75. 
 
 See section 107 and notes. 
 
 The section as it formerly stood referred also to the process of the 
 Exchequer Court and made the sheriffs officers of that court. Now, with 
 regard to the Exchequer Court, see sectionR 42 & Hi of chapter 16 of 
 50-51 V. 
 
 Further powers of commissioners. 
 
 106. Every commissioner for administering oaths in 
 the Supreme Court and in the Exchequer Court of Canada, 
 who resides within Canada, may take and receive acknow- 
 ledgments or recognizances of bail, and all other recogniz- 
 ances in the Supreme Court. 39 V., c. 26, s. 11. 
 
 This section formerly applied to the Exchequer Court as well as the 
 Supreme Court. 
 
 Enforcement of orders for payment of money. 
 
 ["I07.. An order in the Supreme Court for payment of 
 money, whether for costs or otherwise, may be enforced by 
 such writs of execution as the court prescribes." J 39 V., 
 c. 26, 8. 35. 
 
 Section substituted by 50-51 V., c. 16, sch. A., for the original section, 
 which provided that an order in either the Supreme or Exchecjuer Court 
 for the payment of money might be enforced by the same writs of execu- 
 tion as a judgment in the Exchequer Court. 
 
 Rule 59 provided, that the payment of costs, if so ordered, might be 
 enforced by process of execution in the same manner and by means of 
 the same writs and according to the same practice as might be in use from 
 time to time in the Exchequer, Court of Canada. And Rule 60 provided 
 for the punishment of ooutempts according to the practice in force in the 
 
SUPREME AND EXCHEQUER COURTS ACT. ;^ 
 
 Exchequer Court of Canada. (See pout pp. 134, 135 and 155.) By 
 General Order 85, (post p. 155) Rules 59 and 60 have been repealed, the 
 writs to be issued out of the Supreme Court prescribed and the practice 
 relating thereto regulated. 
 
 Rules 166, et seq., of the Exchequer Court provide for the issuing of 
 writs in that court. 
 
 No attachment for non-payment only. 
 
 [ ** 108. No attachment as for contempt shall issue in 
 the Supreme Court for the non payment of money only." ] 
 39 v., c. 26, 8. 36. 
 
 Substituted by 50-51 V., c. 16, sch. A., for the original section which 
 applied also to the Exchequer Court. See General Order 85, post p. 155. 
 
 'Judges may make rules of procedure and as to costs. 
 
 ['*100» The judges of the Supreme Court, or any five 
 of them, may, from time to time, make general rules and 
 orders for regulating the procedure of and in the Supreme 
 Court, and the bringing of cases before it from courts 
 appealed from or otherwise, [for empowering the registrar 
 to do any such thing, and to transact any such business, 
 and to exercise any such authority and jurisdiction in 
 respect of the same as by virtue of any statute or custom 
 or by the practice of the court is now or may be hereafter 
 done, transacted or exercised by a judge of the court sitting 
 in chambers, and as may be specified in such rule or 
 order] and for the effectual execution and working of this 
 Act, and the attainment of the intention and objects 
 thereof, — and for fixing the fees and costs to be taxed and 
 allowed to, and received and taken by, and the rights and 
 duties of the officers of the court, — and for awarding and 
 regulating costs in such court in favor of and against the 
 Crown, as well as the subject ; and such rules [ and 
 ordersj may extend to any matter of procedure or other- 
 wise not provided for by this Act, but for which it is found 
 necessary to provide, in order to insure the proper working 
 of this Act and the better attainment of the objects thereof ; 
 and all such rules which are not inconsistent with the 
 
68 SUPREME AND EXCHEQUER COURTS ACT. 
 
 express provisions of this Act, shall have force arid effect 
 as if herein enacted ; arid copies of all such rules shall be 
 laid before both Houses of Parliament at the session next 
 after the making thereof."] 38 V., c. 11, s. 79; 39 V., 
 c. 26, ss. 32 and 37. 
 
 Substituted section : see o0-51 V., c. 16, sch. A. 
 
 The portion of this section relating to the giving to the registrar the 
 jurisdiction of a judge in chambers is new. Rule 83, passed in pursuance 
 of this section, confers upon the registrar all the authority and jurisdic- 
 tion of a judge in chambers, except in relation to matters of habeas corpus 
 and certiorari. 
 
 By the Interpretation Act, section 7, sub-section 45, it is provided, that : 
 
 "Whenever power to make by-laws, regulations, rules or orders is 
 conferred, it shall include the power, from time to time, to alter or revoke 
 the same and make others." 
 
 How costs to and against the Crown shall be paid. 
 
 ["IIO Any moneys or costs awarded to the Crown 
 shall be paid to the Minister of Finance and Receiver- 
 General, and he shall pay out of any unappropriated 
 moneys forming part of the Consolidated Revenue Fund 
 of Canada, any moneys or costs awarded to any person 
 against the Crown."] 
 
 Substituted section : see 50-51 V., c. 16, sch. A. 
 
 Fees to be paid by stamps. 
 
 111. All fees payable to the registrar under the pro- 
 visions of this A.ct shall be paid by means of stamps, which 
 shall be is3ued for that purpose by the Minister of Inland 
 Revenue, who shall regulate the sale thereof; and the 
 proceeds of the sale of such stamps shall be paid into the 
 Consolidated Revenue Fund of Canada. 88 V., c. 11, s. 72 
 
 Publication of reports of decisions. 
 
 ["112. The reports of the decisions of the Supreme 
 Court, may, if the Governor in Council so determines, be 
 published by the registrar of the Supreme Court."] . 
 
 Substituted section : see 50-51 V., c. 16 sch. A.,. 
 
PART II. 
 
 APPEALS UNDER SPECIAL ACTS. 
 
PART II. 
 
 APPEALS UNDER SPECIAL ACTS. 
 
 /. — Criminal Appeals. 
 
 II. — Exchequer Appeals. 
 
 III. — Appeals from the Maritime Court of 
 Ontario. 
 
 IV. — Election Appeals. 
 
 V. — Appeals under the Winding Up Act. 
 
 For the sake of convenience it has been thought better 
 to deal with these appeals separately, but it must be borne 
 in mind that all the general provisions of the Supreme 
 and Exchequer Courts Act apply to such appeals, unless 
 the special Act relating tc any particular class of appeals 
 otherwise provides, or the provisions of any such special 
 Act are inconsistent with such an application. See section 
 25, Supreme and Exchequer Courts Act. 
 
I. CRIMINAL APPEALS. 
 
 Appeals to the Supreme Court of Canada in criminal matters were 
 originally provided for by sections 49 & 50 of the Supreme and 
 Exchequer Courts Act of 1875. 
 
 By section 31 of the Supreme Court Amendment Act of 1879, all 
 appellate jurisdiction in habeas corpus matters, arising out of any claim 
 for extradition made under any treaty, was taken away. 
 
 These provisions were consolidated in sections 68 & 69, R. S. C. c. 135. 
 These sections of chapter 135 have been repealed by chapter 50 of 
 50 & 51 v., which is as follows : 
 
 50-51 VICTORIA. 
 
 CHAPTER 50. 
 
 An Act to amend the law respecting Procedure in 
 
 Criminal Cases. 
 
 [Assented to 23rd June, 1887.] 
 Preamble. 
 
 TTER MAJESTY, by and with the advice and consent of 
 -'--*- the Senate and House of Commons of Canada, 
 enacts as follows : ' 
 
 R. S. C, c 174, s. 268, repealed ; new section. 
 
 I. Section two hundred and sixty-eight of " The Crim- 
 inal Procedure Act" \q hereby repealed and the following 
 substituted therefor : — 
 
 APPEALS AND NEW TRIALS. 
 
 Appeal in case of conviction of an indictable offence- 
 Proceedings thereupon — When appeal shall not 
 be allowed. 
 
 " *Zi^H^ Any person convicted of any indictable offence, or 
 whose conviction has been affirmed before any Court of 
 
CRIMINAL APPEALS. 73 
 
 Oyer and Terminer or Gaol Delivery, or before the Court of 
 Queen's Bench in the Province of Quebec, on its Crown 
 side, or before any other superior court having criminal 
 jurisdiction, whose conviction has been affirmed by any 
 court of last resort, or, in the Province of Quebec, by the 
 Court of Queen's Bench on its appeal side, may appeal to 
 the Supreme Court against the affirmance of such convic- 
 tion ; and the Supreme Court shall make such rule or order 
 therein, either in affirmance of the conviction, or for 
 granting a new trial, or otherwise, or for granting or 
 refusing such application, aa the justice of the case requires, 
 and shall make all other necessary rules and orders for 
 carrying such rule or order into effect : Provided that no 
 such appeal shall be allowed if the court affirming the con- 
 viction is unanimous, nor unless notice of appeal in writing 
 has been served on the Attorney-General for the oper 
 Province, within fifteen days after such affirmance : 
 
 When appeal must be brought to hearing- 
 
 " 2. Unless such appeal is brought on for hearing by the 
 appellant at the session of the Supreme Court during which 
 such affirmance takes place, or the session next thereafter, 
 if the said court is not then in session, the appeal shall be 
 held to have been abandoned, unless otherwise ordered by 
 the Supreme Court : 
 
 Judgment to be final, 
 
 " 3. The judgment of the Supreme Court shall, in all 
 cases, be final and conclusive : 
 
 When a new trial may and may not be granted. 
 
 ** 4. Except as hereinbefore provided, a new trial shall 
 not be granted in any criminal case unless the conviction 
 
7^ CRIMINAL APPEALS. 
 
 is declared bad for a cause which makes the former trial a 
 nullity, so that there was- no lawful trial in the case ; but 
 a new trial may be jj;ranted in cases of misdemeanor in 
 which, by law, new trials may now be granted : 
 
 No appeal to any court in the United Kingdom. 
 
 " 5. Notwithstanding any royal prerogative, or anything 
 contained in ** The Interpretation Act " or in *' The Supreme 
 and Exchequer Courts Act" no appeal shall be brought 
 in any criminal case from any judgment or order of any 
 court in Canada to any court of appeal established by the 
 Parliament of Great Britain and Ireland, by which appeals 
 or petitions to Her Majesty in Council may be ordered to 
 be heard." 
 
 This sub-section has been repealed and another substituted. See 
 infra. 
 
 Repeal ; R. S. C, c 135, ss. 68 & 69. 
 
 2. Sections sixty-eight and sixty-nine of " The Supreme 
 and Exchequer Courts Act " are hereby repealed. 
 
 When foregoing provisions shall take effect. 
 
 3. The foregoing provisions of this Act shall not come 
 into force until a day to be named by the Governor General 
 by his proclamation to that effect. 
 
 R. S. C, c. 174, s. 265, amended. 
 
 4. Section two hundred and sixty-five of " The Criminal 
 Procedure Act " is hereby amended by striking out the 
 words " in the Province of Quebec." 
 
 The fifth sub'Sect'or of section 1 of this Act, has been repealed by 
 chapter 43 of 61 Victoria (1888), "an Act further to amend the law 
 respecting Procedure in Criminal Cases," and the following sub-section 
 enacted in lieu thereof : 
 
 " 5. Notwithstanding any royal prerogative, or anything 
 contained in '* 71ie Interpretation Act" or in *• The Supreme 
 
CItlMINAL APPEALS. 75 
 
 and Exchequer Courts Act,'' no appeal shall be brought in 
 any criminal case from any judgment or order of any court 
 in Canada to any court of appeal or authority, by which in 
 the United Kingdom appeals or petitions to Her Majesty in 
 Council may be heard." 
 
 By proclamation dated the 28th of September, 1887, issued in the 
 Canada Gazette of the Ist October, 1887, the first and second sections of 
 50-61 v., c. 60, were brought into force upon the said last mentioned 
 day. 
 
 No appeal is allowed " if the court affirming the conviction is unanimous, 
 nor unless notice of appeal in writing has been served on the Attorney - 
 General for the proper Province within fifteen days after such affirm- 
 ance." (Section 268.) 
 
 And the appeal must be brought on for hearing at the session of the 
 Supreme Court, during which such affirmance takes place, or the session 
 next thereafter if the said court is not then in session, unless otherwise 
 ordered by the Supreme Court. (Section 268, sub-section 2.) 
 
 In Amer v. Tite Queen, 2 Can. S. C. B. 592, it was held that the affirm- 
 ance of a conviction by two judges of the Court of Queen's Bench for 
 Ontario, the third judge of said court being absent, was the affirmance by 
 a unanimous court within the meaning of the Act. 
 
 By sub-sections 3 <fe 5, section 1, chapter 60 of 50-51 V., as amended by 
 51 v., c. 43, the judgment of the Supreme Court is final, and no 
 appeal can be had to the Privy Council, notwithstanding the royal 
 prerogative. 
 
 These appeals are therefore in this respect on a different footing from 
 other appeals, in which Her Majesty's prerogative may still be exercised. 
 
 Section 71 of the Supreme and Exchequer Courts Act provides as 
 follows : " The judgment of the Supreme Court shall in all cases be final 
 and conclusive and no appeal shall be brought from any judgment or 
 order of the Supreme Court to any Court of Appeal established by the 
 Parliament of Great Britain and Ireland by which appeals or petitions to 
 Her Majesty in Council may be ordered to be heard : saving any right 
 which Her Majesty may be graciously pleased to exercise by virtue of her 
 royal prerogative." 
 
 Appeals fiom the appellate tribunals of the various provinces of 
 Canada to Her Majesty's Privy Council are regulated by statutes 
 giving an appeal direct from such tribunals, and the Supreme and 
 Exchequer Courts Act has not interfered with any such right. 
 
76 CRIMINAL Ai'PEALS. 
 
 By section 91 of British North America Act the exclusive legislative 
 authority of the Parliament of Canada is declared to extend to all 
 matters coming within the classes of subjects next therein after enumer- 
 ated and, among others, " No. 27, the criminal law, excepting the consti- 
 tution of courts of criminal jurisdiction, but including the procedure in 
 criminal cases." 
 
 By section 101 of the British North America Act it is provided, that 
 '* The Parliament of Canada may, notwithstanding anything in this Act, 
 from time to time provide for the constitution, maintenance and organiz- 
 ation of a general Court of Appeal for Canada and for the establishment 
 of any additional courts for the better administration of the laws of 
 Canada." 
 
 As the right of appeal now stands in Canada the Supreme Court of 
 Canada, as we have seen, is not a final court, section 71 of the Supreme 
 and Exchequer Courts Act expressly says, " saving any right which Her 
 Majesty may be graciously pleased to exercise by virtue of her royal 
 prerogative," and it having been the continued practice of the Judicial 
 Committee to entertain appeals from the Supreme Court where it has 
 considered that any error of law has been made, and substantial interests 
 have been involved. 
 
 See notes to section 71 of the Supreme and Exchequer Courts Act. 
 
 The Supreme Court can be considered a general Court of Appeal for 
 the Dominion in only a limited sense, while in addition to this power of 
 appealing from the Supreme Court itself to the Privy Council, there 
 exists in every province the right of appeal to the same tribunal from 
 the appellate court of such province. 
 
 It cannot at the present day be contended that the general Court of 
 Appeal for Canada is limited to dealing with questions arising solely 
 under the laws of Canada. The Parliament of Canada by its legislation 
 has decided otherwise, and the Supreme Court of Canada, by an exercise 
 of jurisdiction, extending now over twelve years, an exercise of jurisdic- 
 tion recognized by the Judicial Committee of the Privy Council, has also 
 decided otherwise. 
 
 It is submitted that it was intended by the Constitutional Act that the 
 jurisdiction of the Supreme Court should be general and exclusive, and 
 its judgments final, both as regards Civil and Criminal appeals. 
 
 The procedure in Criminal appeals in the Supreme Court is regulated 
 by rules 46, 47, 48 & 49. 
 
 No printed case, or factum, is required, and no fees have to be paid to 
 the registrar. Dig. S. C. D. p. 392, No. 68. And no security has to be 
 given. See section, 46 sub-section 2, Supreme and Exchequer Courts 
 Act. 
 
II. EXCHEQUER APPEALS. 
 
 These appeals are now regulated by sections 51. 52 & 53, chapter 16, 
 50-51 v., which are as follows : 
 
 APPEAIiS FROM THE EXCHEQUER COURT. 
 
 Proceedings in appeals — Deposit — Notice — What 
 notice may contain. 
 
 51. Any party to a suit in the Exchequer Court, in 
 which the actual amount in controversy exceeds five hun- 
 dred dollars, who is dissatisfied with the decision therein, 
 and desirous of appealing against the same, may, within 
 thirty days from the day on which such decision has been 
 given, or within such further time as the judge of such 
 court allows, deposit with the registrar of the Supreme 
 Court, the sum of fifty dollars by way of security f '•osts ; 
 and thereupon the registrar shall set the appeal down for 
 hearing before the Supreme Court on the first day of the 
 next session ; and the party appealing shall thereupon, 
 within ten days after the deposit, give to the parties affect- 
 ed by the appeal, or their respective attorneys, by whom 
 such parties were represented before the judge of the 
 Exchequer Court, notice in writing that the case has been 
 so set down to be heard in appeal as aforesaid ; and in 
 such notice the said party so appealing may, if he so 
 desires, limit the subject of the appeal to any special 
 defined question or questions ; and the said appeal shall 
 thereupon be heard and determined by the Supreme Court. 
 
78 EXCHEQUER APPEALS. 
 
 No appeal when amount does not exceed $500— 
 Exceptions— Validity of Acts— Sums payable to 
 H. M. and title to lands. 
 
 52. No appeal shall lie from any judgment of the 
 Exchequer Court in any action, suit, cause, matter or 
 other judicial proceeding, wherein the actual amount in 
 controversy does not exceed the sum or value of five hun- 
 dred dollars, unless such action, suit, cause, matter or other 
 judicial proceeding, — 
 
 (a.) Involves the question of the validity of an Act of the 
 Parliament of Canada, or of the Legislature of any of the 
 Provinces of Canada, or of an Ordinance or Act of any of 
 the councils or legislative bodies of any of the territories 
 or districts of Canada ; or — 
 
 (h.) Relates to any fee of office, duty, rent, revenue or 
 any sum of money payable to Her Majesty, or to any title 
 to any lands or tenements, annual rents or sunh like mat- 
 ters or things where the rights in future might be bound : 
 
 Leave to appeal in such cases. 
 
 2. Provided that an appeal shall not lie in any case in 
 this section mentioned unless the same is allowed by a 
 judge of the Supreme Court of Canada. 
 
 No deposit by the Crown. 
 
 53- If the appeal is by or on behalf of the Crown no 
 deposit shall be necessary, but the person acting for ti.e 
 Crown shall file with the registrar a notice stating that the 
 Crown is dissatisfied with such decision, and intends to 
 appeal against the same, and thereupon the like proceed- 
 ings shall be had as if such notice were a deposit by way 
 of security for costs. 
 
EXCHEQUER APPEALS. 79 
 
 The words in section 51, " in which the actual amount in controversy 
 exceeds five liundred dollars," wars not in the original section providing 
 for apptals to the Supreme Court, but appeals to the Exchequer Court 
 from the official arbitrators were limited to cases in which the claim 
 exceeded in value five hundred dollars, according to the bond , tide belief of 
 the party or parties ciniplaining of the awai'd as shown on affidavit. R. 
 S. C, c. 40, repealed by 50-51 V., c. 16, sch. B. 
 
 And by aestion 51 the time within which notice of setting down may 
 be given has been extended from three days to ten. 
 
 In other respects this section is identical with section 68 of 38 V., c. 11. 
 
 With I'espect to section 52, see section 29, and notes, ante, relating to 
 appeals from the Province of Quebec, for the construction of the various 
 limitations of the right of appeal. 
 
 Where the registrar has set down an appeal, and for any reason the 
 parties fail to bring it on for hearing, the registrar should not set it down 
 a second time without an order. Per Fournier, J., in McQueen v. I'he 
 Queen. 
 
 The amount of deposit required by way of security for costs has 
 hitherto pro\ed entirely inadequate. Most of the appeals have involved 
 large interests. The framers of the original section may have intended 
 to check frivolous appeals on interlocutory applications, rather than to 
 provide for security in the event of an appeal from the final judgment. 
 Strong, J. in Danjou v. Marquis, 3 Can. S. C. R. 257, expressed the 
 opinion that the word " decision " implied that it was not intended to 
 confine appeals in Exchequer cases to final judgments only. 
 
 Semble, that the word "decision " covers the decision of a judge of the 
 Exchequer Court in chambers discharging a summons to fix the trial. 
 Per Ritchie, C.J., in Ontario v. Canada, on appeal from Gwy.nne J., Juni 
 2l8t, 1886. 
 
 See section 30, Supreme and Exchequer Courts Act. 
 
 In section 52, which is new, the word " judgment " is used. This 
 section extends the jurisdiction in certain cases, although the actual 
 amount in controversy may be under $500; provided the appeal be 
 allowed by a judge of the Supreme Court. (Sub-section 2.) 
 
 No deposit is required if the appeal is by or on behalf of the Crown. 
 A notice stating that the Crown is dissatisfied with " a decision,'" takes 
 the place of a deposit. (Section 63.) 
 
 In this section the word " decision " is used again, and not " judgment." 
 
 The rules of the Su' .'eme Court relating to proceedings in ordinary 
 appeals regulate the pi ;eding8 also in Exchequer appeals. See Rule 45. 
 
III. APPEALS FROM THE MARITIME 
 COURT OF ONTARIO. 
 
 These appeals are provided for by " The Maritime Court Act," R. S. C, 
 c. 137. The sections of this Act regulating such appeals are : 
 
 Appeal to Supreme Court. 
 
 IH. An appeal shall lie to the Supreme Court of Canada 
 from every decision of the court having the force and 
 effect of a definitive sentence or final order. 40 V., c. 21, 
 s. 19. 
 
 Procedure in such appeal. 
 
 19. The practice, procedure and powers as to costs, and 
 otherwise, of the Supreme Court of Canada in other 
 appeals shall, so far as applicable, and unless such court 
 otherwise orders, apply and extend to appeals under this 
 Act, when no other provision is made, either by this Act or 
 the general rules made under this Act, or under " The 
 Supreme and Exchequer Courts Act.^' 40 V., c. 21, s. 20. 
 
 In the case of " The Picton," 4 Can. S. C. R. 648, the Supreme Court 
 held the original Maritime Court Act, 40 V., c. 21, intra viren of the 
 Dominion Parliament. 
 
 No rules have been made by the Supreme Court of Canada relating 
 specially to appeals from the Maritime Court. They have been on the 
 same footing as other appeals with respect to which no special provisions 
 have been made either by statute or the rules. 
 
 Rule 269 of the Maritime Court provides as follows : "269. A party 
 intending to appeal from a decision of the court to the Supreme Court of 
 Canada must give notice of his intention to appeal to the opposite party 
 within fifteen days from the time of pronouncing the decision appealed 
 
MABITIME APPEALS. 81 
 
 from, and otherwise the appeal to be governed by the rules of the 
 Supreme Court." 
 
 In Wigle v. Robertson, respondent moved to quash the appeal on the 
 ground that this notice had not been given, and that therefore the Supreme 
 Court had no jurisdiction to entertain the appeal. The appellant con- 
 tended that the respondent by taking subsequent proceedings, such as 
 applying for further time to file his factum, had waived the objection to 
 want of notice, the rule relating to a mere matter of procedure which 
 might be so waived, and the serving of the notice not being a condition 
 precedent to the exercise by the Supreme Court of a jurisdiction to hear 
 the appeal. Jut^gmeut has not yet been given. 
 
 A.8 to the extent of the jurisdiction of the Maritime Court of Ontario 
 in claims for damages done by any ship, whether to person or to pro- 
 perty, see Monatjhan v. Horn, 7 Can, S. C. R. 409. 
 
 O.S.E.C. 6 
 
IV. ELECTION APPEALS. 
 
 The Supreme and Exchequer Courts Act, section 25, paragraph (d) gives 
 jurisdiction in appeals fvom the court or judge, as provided in " The 
 Dominion Elections Act," but this is clearly an error for " The Dominion 
 Controverted Elections Act." 
 
 The sections of " The Dominion Controverted Elections Act," relating 
 to appeals, are as follows : 
 
 Appeal to Supreme Court— From judgment on prelimi- 
 nary objection— Proviso— From judgment on ques- 
 tion of law or fact. 
 
 50. An appeal shall lie to the Supreme Court of Canada 
 under this Act by any party to an election petition who is 
 dissatisfied with the decision of the court or a judge : — 
 
 (a) From the judgment, rule, order, or decision, of any 
 court or judge on any preliminary objection to an election 
 petition, the allowance of which objection has been final 
 and conclusive and has put an end to such petition, or 
 which objection, if it had been allowed, would have been 
 final and conclusive and have put an end to such petition : 
 Provided always that, unless the court or judge appealed 
 from otherwise orders, an appeal in the last mentioned 
 case tihall not operate as a stay of proceedings, nor shall it 
 delay the trial of the petition : 
 
 (b) From the judgment or decision on any question of law 
 or of fact of the judge who has tried such petition. 38 V., 
 c. 11, s. 48, part;— 42 V., c. 39, s. 10. 
 
 In the Bellechasse Election Case, 5 Can. S. C. R. 91, it was held by the 
 Supreme Court, that an Appellate Court in election cases ought not to 
 reverse, on mere matters of fact, the finding of the judge who has tried 
 the petition, unless the court is convinced beyond doubt that his conclu- 
 sions are erroneous. 
 
ELECTION APPEALS. 83 
 
 In the Berthier Election Case, 9 Can. S. C. R. 102, the Suprema Court 
 being of opinion that on the facts the judgment of the court below on 
 certain charges was not cleax-ly wrong, refused to reverse the judgment. 
 
 And in the Montcalm Election Case, 9 Can. S. C. R. 93, it was again held 
 that the Supreme Court on appeal will not reverse on mere matters of 
 fact, unless the evidence is of such a nature as to convey an irresistible 
 conviction that the judgment is erroneous. 
 
 A judgment of the Supreme Court of New Brunswick setting aside an 
 order of a judge rescinding a previous order made, authorizing the 
 withdrawal of the deposit money and removal of the petition off the files, 
 is not a judgment on a preliminary objection within the meaning of the 
 Act. Gloucester Election Case, 8 Can. S. C. R. 205. 
 
 Nor a judgment of the Supreme Court of Nova Scotia making absolute 
 a rule to set aside an order extending the time for service of a petition, 
 Kings County (N. S.) Case, 8 Can. S. C. R. 192. 
 
 Nor will an appeal lie from a judgment on a motion made to the court 
 to dismiss an election petition because the trial has not been commenced 
 within six months from the time when such petition has been presented, 
 as required by section 32 of the Dominion Controverted Elections Act. 
 L'Assomption Case : L'Islet Case, February, 1888. 
 
 But when at the trial an objection was made on this ground to the 
 jurisdiction which the trial judge over ruled, it was held that an appeal 
 lay from his decision. The Glengarry Case, March 29th, 1888. 
 
 Deposit in case of appeal. 
 
 51. The party so desiring to appeal shall, within eight 
 days from the day on which the court or judge has given 
 such decision, deposit with the clerk of the court which 
 gave such decision, or of which the judge who gave such 
 decision is a member, or with the proper officer for receiv- 
 ing moneys paid into such court, at the place where the 
 hearing of the preliminary objections, or where the trial 
 of the petition took place, as the case may be, if in the 
 Province of Quebec, and at the chief office of the said court, 
 if in anv other Province, the sum of one hundred dollars as 
 security for costs, and also a further sum of ten dollars as 
 a fee for making up and transmitting the record to the 
 Supreme Court of Canada : 
 
84 ELECTION APPEALS. 
 
 Transmission of record to Supreme Court. 
 
 2. Upon such deposit being so made the said clerk or 
 other proper officer shall make up and transmit the record 
 of the case to the registrar of the Supreme Court of 
 Canada, who shall set down the said appeal for hearing by 
 the Supreme Court of Canada at the nearest convenient 
 time and according to any rules of the Supreme Court of 
 Canada in that behalf made under " I'he Supreme and 
 Exchequer Courts Act:" 
 
 In the case of other appeals the time for appealing may be extended 
 under special circumstances. (Section 42 Supreme and Exchequer 
 Courts Acts.) But the provisions of this section (42) " shall not apply in 
 the case of an Election petition." 
 
 The rules specially regulating appeals in Election cases are 50-55, both 
 inclusive, which refer to the printing of the record and the deposit and 
 priniiing of the faotums. Kule 12 provides for the convening of a special 
 session of the court for the hearing of Election appeals, among others. 
 The usual sessions of the court are regulated by section 20 Supreme and 
 Exchequer Courts Act. 
 
 Rules 56 & 57, providing for the payment of fees to the registrar and 
 taxation of costs, are also applicable. The registrar will not enter 
 the appeal for hearing without the preliminary fee of $10 being paid. 
 
 There are certain other rules which by the practice of the court have 
 been followed as closely as possible with regard to Election appeals ; 
 special mention may be made of Rule 16, providing for the entry of the 
 name of an agent in the agents' book, and of the rules respecting interlo- 
 cutory applications, Rules 39-43. 
 
 APPLICATIONS. 
 
 Preliminary proceedings in appeal— Appeal to be heard 
 and determined by Supreme Court. 
 
 3. The party so appealing '-hall, within three days after 
 the said appeal has been so set down as aforesaid or 
 within such further time as the court or judge by whom 
 
ELECTION APPEALS. 85 
 
 such decision appealed from was given or by whom the 
 petition w>a8 tried allows, give to the other parties to the 
 said petition affected by such appeal, or the respective 
 attorneys, solicitors or agents by whom such parties were 
 represented on the hearing of such preliminary objections 
 or at the trial of the petition, as the case may be, notice in 
 writing of such appeal having been so set down for hearing 
 as aforesaid, and may in such notice, if he so desires, limit 
 the subject of the said appeal to any special and defined 
 question or questions ; and the appeal shall thereupon be 
 heard and determined by the Supreme Court of Canada, 
 which shall pronounce such judgment upon questions of law 
 or of fact, or both, as in the opinion of such court ought 
 to have been given by the court or judge whose decision is 
 appealed from ; and the Supreme Court of Canada may 
 make such order as to the money deposited as aforesaid, 
 and as to the costs of the appeal as it thinks just ; and in 
 case it appears to the court that any evidence duly tendered 
 at the trial was improperly rejected, the court may cause 
 the witness to be examined before the court or a judge 
 thereof, or upon commission : 
 
 In the North Ontario Election Case, 3 Can. S. C. R. 374, it was held, that 
 the provision as to notice is imperative and the giving of buch notice a 
 condition precedent to the exercise of any jurisdiction by the Supreme 
 Court to hear the appeal. But the judge who tried the petition may 
 extend the time for giving the notice after the expiration of the three 
 days, the power of the judge being a general and exclusive power to be 
 exercised according to sound discretion. 
 
 In the Bellechase Election Case, 5 Can. S. C. R. 91, in which the judge 
 who tried the petition, subject to an objection to his jurisdiction, 
 dismissed the petition on the ground that he had no jurisdiction, on 
 appeal the Supreme Court reversed his decision and ordered the record 
 to be transmitted to the proper officer of the lower court to have the cause 
 proceeded with according to law and disposed of on the merits ; and when 
 the judgment on the merits was appealed from, the Supreme Court held 
 that it had jurisdiction to entertain the appeal. 
 
86 ELECTION APPEALS. 
 
 In addition to the costa of the appeal, provided for by this section, the 
 Supreme Court has full power by section 54 of the Dominion Contro- 
 verted Elections Act to deal with the costs of the court below. (See 
 infra.) 
 
 Report to the Speaker — Decision to be final. 
 
 4. The registrar shall certify to the Speaker of the House 
 of Commons the judgment and decision of the court upon 
 the several questions as well of fact as of law, upon which 
 the court or judge appealed from might otherwise have 
 determined and certified his decision in pursiiance of this 
 Act, in the same manner as the Raid court or judge should 
 otherwise have done, and with the same effect ; and the 
 judgment and decision of the Supreme Court of Canada 
 shall he final. 88 V., c. 11, s. 25, part, and s. 48, part. 
 
 With respect to the finality of tha decision of the Supreme Court, it 
 has been decided by the Judicial Committee that no appeal in a Con- 
 troverted Election case will be entertained by the Privy Council. Gleti- 
 (jarry Case, Kennedy v. Purcell, 7th July, 1888. 
 
 The judgment of their Lordships of the Judicial Committee, after 
 stating the facts of the case, proceeds as follows : 
 
 " It appears that the decision of the Supreme Court did not turn on the 
 merits of the case, but entirely on questions of procedure, which were 
 three in number. First, whether the time during which parliament was 
 sitting should be computed as part of the six months allowed for the com- 
 mencement of the trial. Secondly, whether after the expiry of the six 
 months the court has power to extend the time for trial. Thirdly, 
 whether the appellant, not objecting to the enlargement when the order 
 was made, was entitled to object afterwards. On all or some of these 
 questions two out of the five judges who heard the appeal were in favour 
 of the petitioner, but the other three judges decided in favour of Mr. 
 Purcell on all of them. 
 
 " It is now urged by the petitioner that inasmuch as the questions de- 
 cided are important questions of law affecting the construction of the 
 election statutes, and there is good ground for doubts as to the soundness 
 of the decisions. Her Majei:ty in Council should entertain an appeal. 
 On the other side the importance of the questions is not denied, nor is it 
 denied that the decisions on them are fairly open to argument. But it 
 
ELECTION APPEALS. .87 
 
 is contended, first, that the subject matter ia not one with respect to 
 which the prerogative of the crown exists ; and secondly , that if the prero- 
 gative does exist, it is not proper to exercise it. 
 
 " To support the first proposition, the case of Theherge v. Landry, 2 L. R. 
 Appeal Cases, 102, is relied on. That case arose under the Quebec 
 Elections Act of IST/j, by which the jurisdiction to try election petitions 
 was given to the Superior Court, whose decisions were declared " not 
 susceptible of appeal." The petitioner sought to appeal on the merits of 
 the election. The decision of this committee was, not that the preroga- 
 tive of the crown was taken away by the general prohibition of appeal, 
 but that the whole scheme of handing over to courts of law disputes 
 which the Legislative Assembly had previously decided for itself, showed 
 no intention of creating tribunals with the ordinary incident of an appeal 
 to the crown. 
 
 "In the case of Valin v. Langlois, 5 L. R. Appeal Cases, 115, the peti- 
 tioner asked for leave to appeal from a decision of the Supreme Court 
 of Canada under the Controverted Elections Act of 1874, which is one of 
 the statutes consolidated by the Act now in question. The ground of 
 appeal was that the Act, being a Dominion Act, was ultra vires of the 
 Dominion, in assuming to give the courts in Quebec jurisdiction over 
 elections in Quebec to the Canadian House of Commons. This committee 
 held that there was no ground for any such contention, and dismissed 
 the petition. But it was said that if they had doubted the soundness of 
 the decision below they would have advised Her Majesty to grant leave 
 to appeal. That opinion is now relied on as limiting or contravening the 
 effect of the decision in Theherge v. Landry. 
 
 " Their lordships do not think that for the present purpose any useful 
 or substantial distinction can be taken between the statute which was 
 the subject of decision in Theberge v. Landry, that which was the subject 
 of decision in Valin v. Langlois, and those which are now in question. In 
 all three cases there is the broad consideration of the inconvenience of 
 the crown interfering in election matters, and the unlikelihood that the 
 Colonial Legislature should have intended any such result. In all three 
 there is the creation of a special tribunal for the trial of petitions, in the 
 sense that the litigation is not left to follow the course of an ordinary 
 lawsuit, but is subjected to a special procedure and limitations of its 
 own. And in all three there ia the same expression of the intention to 
 make the Colonial decision final. But such variance as there is between 
 the two cited cases is only to this extent, that the committee in the latter 
 case must have thought that the question of the existence of the preroga- 
 tive was still susceptible of argument, when the dispute went to the very 
 root of the validity of a law passed by parliament to take effect in a pro- 
 vince. Their opinion on an ex parte hearing, and on the sole question 
 
88 £L£0TION APPEALS. 
 
 whether or no there should be any further argument on the matter at 
 all, cannot be put higher than that. 
 
 " Their Lordships do not find it necessary to give any decision on the 
 abstract question of the existence of the prerogative in this case, because 
 they are satisfied that if it exists it ought not to be exerted in the ca; < 
 before them. 
 
 " It is true that the questions are very debateable, and that they affect 
 the administration of the whole law on this subject. But the range of 
 cases affected by them must be very narrow. It is not suggested that in 
 the present Parliament there is a single case except the one under appeal. 
 There can be no other case till fresh elections take place ; and if the 
 decisions now given have really misinterpreted the mind of the Legisla- 
 ture, and are calculated to establish rules of procedure less convenient 
 than those intended, the Legislature can at once set the matter right. 
 This peculiarity of the subject matter largely diminishes the force of the 
 consideration, usually a strong one, that the decision complained of 
 affects general questions of law. 
 
 " The next observation is that the statutes show throughout a desire to 
 have these matters decided quickly. There are the most obvious reasons 
 for such a desire. The legal duration of a Parliament, is, as their Lord- 
 ships understand, five years, and its usual duration four years. It is 
 most important that no long time should elapse before the constitution 
 of the body is known. And yet if the Crown is to entertain appeals in 
 such cases, the necessary delays attending such appeals would greatly 
 extend the time of uncertainty which the Legislature has striven to 
 limit. 
 
 " Again, the intention to confine the decision locally within the colony 
 itself is just as clear as the intention to get it passed speedily, because it 
 is expressed that the decision of the Supreme Court shall be final. And 
 it seems to their Lordships that there are strong reasons why such 
 matters should be decided within the colony, and why the prerogative of 
 the Crown should not, even if it legally can, be extended to matters over 
 which it had no power, and with which it had no concern, until the 
 Legislative bodies chose to hand over to judicial functionaries that which 
 was formerly settled by themselves. Before advising such an exertion 
 of the prerogative, their Lordships would require to find indications of 
 an intention that ihe new proceedings should so follow the course of 
 ordinary law as to attract the prerogative. But the indications they do 
 find are of the contrary tendency. 
 
 " The result is that their Lordships cannot advise Her Majesty to grant 
 the leave asked, and that the petition must be dismissed with costs." 
 
ELECTION APPEALS. 89 
 
 The following are the sections of the Dominion Controverted Elections 
 Act relating to the certificate of the jadge of the court below : 
 
 judge's beport. 
 
 *' 43. At the conclusion of the trial the judge shall determine whether 
 the member whose election or return is complained of, or any and what 
 other person, was duly returned or elected, or whether the election was void, 
 and other matters arising out of the petition, and requiring his determin- 
 ation, — and shall, except only in the case of appeal hereinafter mentioned, 
 within four days after the expiration of eight days from the day on 
 which he shall so have given his decision, certify in writing such 
 determination to the Speaker, appending thereto a copy of the notes of 
 the evidence ; and the determination thus certified shall be final to all 
 intents and purposes. 37 V., c. 10, s. 29 ; 38 V., c. 10, s. 3." 
 
 " 44. When any charge is made in an election petition of any corrupt 
 practice having been committed at the election to which the petition 
 relates, the judge shall, in addition to such certificate, and at the same 
 time, report in writing to the Speaker, as follows : — 
 
 (a.) Whether any corrupt practice has or has not been proved to have 
 been committed by or with the knowledge and consent of any candidate 
 at such election, stating the name of such candidate, and the nature of 
 such corrupt practice ; 
 
 (b.) The names of any persons who have been proved at the trial to 
 have been guilty of any corrupt practice ; 
 
 (c.) Whether corrupt practices have, or whether there is reason to 
 believe that corrupt practices have, extensively prevailed at the election 
 to which the petition relates ; 
 
 (d.) Whether he is of opinion that the inquiry into the circumstances 
 of the election has been rendered incomplete by the action of any of the 
 parties to the petition, and that further inquiry as to whether corrupt 
 practices have extensively prevailed is desirable. 37 Y., c. 10, s. 30 ; 
 39 v., c. 10, s. 1." 
 
 "45. The judge may, at the same time, make a special report to the 
 Speaker as to any matters arising in the course of tiie trial, an account 
 of which ought, in his judfmeut, to be submitted to the House of Com- 
 mons. 37 v., c. 10, 8. 31." 
 
 Supreme Court may adjudge that costs be paid fully or 
 in part by either party— Recovery of such costs. 
 
 54. In appeals under this Act to the Supreme Court of 
 Canada, the said court may adjudge the whole or any part 
 
90 ELECTION APPEALS. 
 
 of the costs in the court below to be paid by eithur of the 
 parties ; and any order directing the payment of such costs 
 shall be certified by the registrar of the Supreme Court of 
 Canada to the court in. which the petition was filed, and 
 the same proceedings for the recovery of such costs may 
 thereupon be taken in the last mentioned court as if the 
 order for payment of costs had been made by that court or 
 by the judge before whom the petition was tried. 39 V., 
 c. 26, 8. 16. 
 
 The usual practice has been to certify the judgment of the Supreme 
 Court to the court below, and to leave to the latter court the enforce- 
 ment of the payment of the costs. But the court may issue writs to 
 enforce payment of the costs of an election appeal. This was done in the 
 North Ontario election case (Wheeler v. Gibbs), but the execution was 
 stayed by Taschereau, J., to permit ^n application to the court for an 
 amendment of the judgment, to enable the respondent to set-ofif against the 
 costs of appeal, costs allowed respondent in court below. The amend- 
 ment was made, and execution stayed by the Court, February, 1881. 
 The payment of interlocutory costs will be enforced by writs of execution 
 issued by the Supreme Court. This was done in the North Ontario 
 election case on the 23rd January, 1880. 
 
 A motion to dismiss an election appeal either by an appellant who 
 wishes to discontinue, or by a respondent, should be made to the court. 
 Soulanges Election case : North York Election case, Dig. S. C. D. p. 390, 
 No. 54, and p. 391, No. 55. See ante, p. 45. 
 
V. APPEALS UNDER "THE WIND- 
 ING-UP ACT." 
 
 See section 25, paragraph {e), Supreme and Exchequer Courts Act. 
 The Winding-Up Act is c, 129, R. S. C, and the provisions relating to 
 appeals are the following : 
 
 Appeals. 
 
 74. Any person dissatisfied with an order or decision of 
 the court or a single judge in any proceeding under this 
 Act may, by leave of a judge of the court, appeal therefrom, 
 if the question to be raised on the appeal involves future 
 rights, or if the order or decision is likely to aflfect other 
 cases of a similar nature in the winding up proceedings, or 
 if the amount involved in the appeal exceeds five hundred 
 dollars : 
 
 2. Such appeal shall lie — 
 
 In Ontario, to the Court of Appeal for Ontario ; 
 
 In Quebec, to the Court of Queen's Bench ; 
 
 In any of the other Provinces, and in the North-west 
 Territories, to the full court : 
 
 In Keewatin. 
 
 3. In the District of Keewafin any person dissatisfied 
 with an order or decision of the court or a single judge, in 
 any proceeding under this Act, may, by leave of a judge of 
 the Supreme Court of Canada, appeal therefrom to the 
 Supreme Court of Canada : 
 
 Practice— Security on appeal ; and time for, limited. 
 
 4. All appeals shall be regulated, as far as possible, 
 according to the practice in other cases of the court 
 appealed to ; but no such appeal shall be entertained 
 
92 APPEALS UNDER WINDrNG-UP ACT. 
 
 unless the appellant has, within fourteen days from the 
 rendering of the order or decision, or within such further 
 time as the court appealed from allows, taker proceedings 
 therein to perfect his appeal, nor unless, within the said 
 time, he has made a deposit or given sufficient security, 
 according to the practice of the court, that he \?ill duly 
 prosecute the said appeal, and pay such damages and 
 costs as may be awarded to the respondent. 45 Y., c. 23, 
 s. 78, part, and s. 79 ; 49 V., c. 26, s. 16. 
 
 If not proceeded with appeal may be dismissed. 
 
 75. If the party appellant does not proceed with his 
 appeal, according to the law or the rules of practice, as the 
 case may be, the court appealed to, on the application of 
 the respondent, may dismiss the appeal, with or without 
 costs. 45 v., c. 23, s. 80. 
 
 Further appeal to Supreme Court. 
 
 •76. An appeal shall lie to the Supreme Court of Canada, 
 by leave of a judge of the said Supreme Court, from the 
 judgment of the Court of Appeal for Ontario, the Court of 
 Queen's Bench in Quebec, or the full court in any of the 
 other Provinces or in the North-west Territories, as the 
 case may be, if the amount involved in the appeal exceeds 
 two thousand dollars. 45 V., c. 23, s. 78, part. 
 
 Besides the appellate jurisdiction, the Supreme Court may act under 
 the section following : 
 
 Various provincial courts to be auxiliary to one another. 
 
 84. The courts of the various Provinces, and the judges 
 of the said courts respectively, shall be auxiliary to one 
 another for the purposes of this Act ; and the winding up of 
 the business of the company, or any matter or proceeding 
 relating thereto may be transferred from one court to an- 
 other with the concurrence, or by the order or orders, of 
 
APPEALS UNDER WINDING-UP ACT.] 93 
 
 the two courts, or by an order of the Supreme Court of 
 Canada. 45 V., c. 23, s. 86. 
 
 In the Act 45 V., c. 23, from which the foregoing sections 74, 75 & 76 
 are chiefly taken, the arrangement of the sections is different. The 
 provisions relating to security, time for appealing and dismissal of 
 appeals (now found in sub-section 4, of section 74 and in section 75) were 
 inserted after the section providing for an appeal to the Supreme Court 
 of Canada. By the present arrangement the provisions of the Supreme 
 and Exchequer Courts Act, relating to procedure in appeals generally 
 are applicable to these appeals. But for all such appeals the leave of 
 the Supreme Court or a judge thereof, must be obtained, and in appeals 
 under sub-section 3 of section 74, security must be given according to 
 the practice of the court below, while in other appeals the security may 
 be given in either court. (See section 46 Supreme and Exchequer Courts 
 Act). And a motion to dismiss for not proceeding with an appeal, may 
 be made either to the court or a judge in Chambers. (See section 53, 
 Supreme and Exchequer Courts Act). 
 
 An appeal shall lie * * • " if the amount involved in the 
 appeal exceeds $2,000." Nothing is said about an appeal where future 
 rights are involved, or the decision is likely to affect other cases of a 
 similar nature in the winding up proceedings. Under 45 V. c. 23, 
 an appeal would seem to have been allowed in all these cases to the 
 Supreme Court of Canada. 
 
 Attention might be called to the different wording used in what may 
 be called the subject-matter limitation imposed in various classes of 
 appeals to the Supreme Court, in section 24, paragraph (h), Supreme 
 and Exchequer Courts Act ; section 29, Supreme and Exchequer Courts 
 Act; sections 51 & 52 of chapter 16 of 50-51 V., and in the above 
 section 76. 
 
PART III. 
 
 SUPREME COURT RULES. 
 
PART III. 
 SUPREME COURT RULES. 
 
 TABLE OF RULES. 
 
 Rule 1. Filing case. 
 
 2. Case to contain reasons for ^"udgmenfc. 
 
 3. Case to contain copy of any order enlarging time. 
 
 4. Case may be remitted to court below. 
 
 5. Motion to dismiss for delay. 
 
 6. Certificate of secm'ity given. 
 
 7. Case to be printed and twenty-five copies to be 
 
 deposited with registrar. 
 
 8. Form of case. 
 
 9. Case not to be filed unless rules complied with. 
 
 10. Certified copies of original documents and ex- 
 
 hibits to be deposited with registrar. 
 
 11. Notice of hearing of appeal. 
 
 12. Special notice convening court, form of. 
 
 13. Form of notice of hearing. 
 
 14. When to be served. 
 
 15. How notice of hearing to be served. 
 
 16. " The Agent's Book." 
 
 17. Suggestion by respondent who appears in person. 
 
 18. If no suggestion filed. 
 
 19. Suggestion by respondent who elects to appear 
 
 by attorney. 
 
 C.S.E.C. 7 
 
98 SUPREME COURT RULES. 
 
 EuLE 20. Election of domicil by respondent who appears 
 in person.- 
 
 21. Service when respondent appears in person with- 
 
 out electing domicil. 
 
 22. Changing attorney or solicitor. 
 
 23. Factums to be deposited with registrar. 
 
 24. What to contain. 
 
 25. How to bo printed. 
 
 26. Motion by respondent to dismiss appeal on 
 
 ground of delay in filing factum. 
 
 27. Appellant may inscribe ex parte if factum not 
 
 filed. 
 
 28. Setting aside inscription ex parte. 
 
 29. Begistrar to seal up factums first deposited. 
 
 30. Interchange of factums. 
 
 31. Registrar to inscribe appeals for hearing. 
 
 32. Counsel at hearing. 
 
 33. Postponement of hearing. 
 
 34. Default by parties in attending hearing. 
 
 35. How orders to be signed and dated. 
 
 36. Adding parties by suggestion. 
 
 37. Suggestion may be set aside. 
 
 38. Determining questions of fact arising on motion. 
 
 39. Motions. 
 
 40. Notice of motion, how served. 
 
 41. Affidavits in support of motion. 
 
 42. Giving further time. 
 
 43. Setting down motions. 
 
 44. Appeal abandoned by delay. 
 
 45. Rules applicable to exchequer appeals. 
 
 46. Rules not applicable to criminal appeals, nor 
 
 habeas corpus. 
 
 47. Case in criminal appeals and habeas corpus. 
 
 48. "When case to be filed. 
 
SUPREME COURT RULES. 99 
 
 Rule 49. Notice of hearing in criminal appeals and in 
 appeals in matters of habeas corpus. 
 
 50. Preceding rules not applicable in election cases. 
 
 51. Printing record in election appeals. 
 
 52. Copies of record. 
 
 53. Factum in election appeals. 
 
 54. When to be deposited. 
 
 55. Order dispensing with printing of record or fac- 
 
 tum in election appeals. 
 
 56. Fees to be paid registrar. 
 
 57. Costs. 
 
 58. Court or judge may order payment of fixed sum 
 
 for costs. 
 
 59. How payment of costs may be enforced. 
 
 60. Contempts, how punished. 
 
 61. Cross appeals. 
 
 62. Notice to be given. 
 
 63. Factum in cross appeals. 
 
 64. Translation of factum. 
 
 65. Translation of judgments and opinions of the 
 
 judges of court below. 
 
 66. Payment of money into court. 
 
 67. Payment of money out of court. 
 
 68. How made. 
 
 69. Formal objections. 
 
 70. Extending or abridging time. 
 
 71. Registrar to keep necessary books. 
 
 72. Computation of time. 
 
 73. Adjournment if no quorum. 
 
 74. Christmas vacation. , 
 
 75. Long vacation. 
 
 76. Interpretation. 
 
 77. Interpretation. 
 
 78. Rule amending Rule 52. 
 
100 StJPKEME COURT RULES. 
 
 Rule 79. Provision for acting registrar in absence of 
 registrar. • 
 
 80. Amending rules 11, 14, 15, 23, 31, 62 and 63. 
 
 81. Amending schedule D., (Tariff of Fees). 
 
 82. Provision for allowance to agents. 
 
 83. Jurisdiction of registrar in chambers. 
 
 81. Substituting new schedule of fees payable to 
 
 registrar. 
 85. Writs, and practice regulating. 
 
 In pursuance of the provisions contained in the 79th 
 section of the 38th Victoria, chapter 11, intituled " An Act 
 to establish a Supreme Court and a Court of Exchequer 
 for the Dominion of Canada," it is ordered that the following 
 rules in respect of the matters hereafter mentioned shall be 
 in force in the Supreme Court of Canada : 
 
 By the Revised Statutes of Canada, 38th Victoria, chapter 11, has been 
 repealed. But by the Interpretation Act, section 7, sub-section 50, it is 
 provided that : 
 
 " Whenever any Act is repealed, wholly or in part, and other pro- 
 visions are substituted, all by-laws, oiders, regulations, rules and ordi- 
 nances made under the repealed Act shall continue good and valid in so 
 far as they are not inconsistent with the substituted Act, enactment or 
 provision, until they are annulled or others made in their stead." 
 
 RULE I. 
 
 Filing case. 
 
 The first proceeding in appeal in this court shall be the 
 filing in the office of the registrar of a case pursuant to 
 section 29 of the Act, [s. 44. c. 135, R. 3. C.,] certified 
 under the seal of the court appealed from. 
 
 This rule must be read subject to any provisions giving power to the 
 Supreme Court or a judge thereof to approve of the security, or allow 
 an appeal, or to dismiss an appeal for want of prosecution, or to extend 
 He time for printing and filing case. 
 
 ^or form of certificate, see Appendix, Forms, at page 217. 
 
SUPREME COURT RULES. 101 
 
 RULE 2. 
 
 Case to contain reasons for judgment. 
 
 The case in addition to the proceedings mentioned in the 
 said section 29, [s. 44 of c. J 35, R. S. C] shall invariably 
 contain a transcript of all the opinions or reasons for their 
 judgment delivered by the judges of the court or courts 
 below, or an affidavit that such reasons cannot be pro- 
 cured, with a statement of the efforts made to procure the 
 same. 
 
 When the opinions of the judges of the courts below have been already 
 issued in the regular reports the Court of Appeal for Ontario has dis- 
 pensed with the re-printing of such opinions in the appeal book, which 
 merely contains a reference to the report and page at which such 
 opinions may be found. See Rule 18 of that court. Cases have some- 
 times been sent to the Supreme Court thus prepared, but this practice is 
 irregular under Rule 2. When it is thought desirable to dispense with 
 printing of the opinions in the case the more regular practice would be 
 to apply in Supreme Court Chambers for an order. The affidavit 
 referred to in this rule should be filed and a copy of it printed in the 
 case. In cases from the Province of Quebec the clerk of appeals 
 frequently certifies that he has applied to the judges for their reasons 
 and has not been furnished with them. This certificate has been accepted 
 in lieu of the affidavit mentioned in this rule. 
 
 RULE 3. 
 
 Case to contain copy of any order enlarging time. 
 
 The case shall also coniaiu a copy of any order which 
 may have been made by the court below or any judge 
 thereof enlarging the time for appealing. 
 
 See section 42 of the Act. Orders extending the time for printing the 
 case should be obtained from the Supreme Court or Judge thereof. 
 
 RULE 4. 
 Case may be remitted to Court below. 
 
 The court, or a judge thereof, may order the case to be 
 remitted to the court below, in order that it may be made 
 more complete by the addition thereto of further matter. 
 
102 SUPREME COURT RULES. 
 
 Under the statute, section 44, Supreme and Exchequer Courts Act, 
 the case is to be stated by the parties, or in the event of difference to be 
 settled by the court appealed* from or a judge thereof. A. party feeling 
 aggrieved by the omission of what he may consider necessary or proper 
 material may apply to a Judge of the Supreme Court in Chambers, 
 on notice, to have the case remitted for correction. The application 
 should not be made in the first instance to the court ; ^Etna Ins. Co. v. 
 Brodie, Dig, S. C. D., p. 383, No. 15. Where material has been unneces- 
 sarily added, no application to remit is required. The unnecessary 
 matter will be disregarded by the court, and, as a general rule, will not 
 be allowed on taxation when its insertion has been objected to at the 
 proper time. 
 
 The judge of the court below when settling the case should not 
 abstain from exercising his judgment as to whether certain material 
 should or should not form part of the case. Where a judge of the 
 court below certified that the examination of one D. was made part 
 of the case quantum valeat, the case was remitted to the court below to 
 have it made clear whether the examination did or did not form part of 
 the case; McCull v. Wolff, Dig. S. C. D., p. 384, No. 16. 
 
 Tho printed case certified to the Registrar of the Supreme Court wiU 
 be reinitted to the court below for correction, if not a correct print of the 
 case settled by the judge. In Parker v. Montreal City Passenger Railway 
 Company, Dig. S. C. D., p. 385, No. lil, where it appeared that certain 
 papers which a judge of the court below had directed should form part 
 of the case had been incorrectly printed, especially the factum of the 
 respondent in said court, which had been translated, and in which inter- 
 polations had been made, the registrar, on application of the respondent, 
 was directed to remit the case to the court below to be corrected. 
 
 RULE 5. 
 
 Motion to dismiss for delay. 
 
 If the appellant does not file his case in appeal with 
 the registrar within one month after the security required 
 by the Act shall be allowed, he shall be considered as not 
 duly prosecuting his appeal, and the respondent may move 
 to dismiss the appeal pursuant to section 41 of the Act, 
 [8. 5D, c. 135, R. S. C.J 
 
 Section 53 of the Revised Act chapter 185, which provides for the dis- 
 missal of an appeal for delay, is as follows : 
 
 53. If an appellant unduly delajs to prosecute his appeal, or fails 
 to bring the appeal on to be heard at the first session of the Supreme 
 
supreme: court rules. 103 
 
 Court, after the appeal is ripe for hearing, the respondent may, on notice 
 to the appellant, move the Supreme Court, or a judge thereof in cham- 
 bers, for the dismissal of the appeal ; and such order shall thereupon be 
 made as the said court or judge deems just." 38 V., c. 11, s. 41. 
 
 See notes to this section at p. 44 et seq. 
 
 The immediate consequence of failing to tile the case with the Regis- 
 trar of the Supreme Court within the month after security has been 
 allowed, is that the appellant lays himself open to a motion to dismiss 
 for want of prosecution. If therefore the appellant sees that it will be 
 impossible to print his case within the time given by the rule and has 
 been unable to obtain or unwilling to ask the consent of the respondent 
 to any extension of lirne, he should apply before the expiry of the month, 
 if possible, to the Registrar of the Supreme Court in Chambers, for 
 further delay. The application should be on the usual four clear days 
 notice and be supported by affidavit, setting forth ti;e reasons for making 
 it. See Rules 39, 40, 41 & 42. 
 
 Rules 42 and 70 give full power to the court or a judge to enlarge or 
 abridge the tima for doing any act, the formar rule expressly providing, 
 among other things, for giving further reasonable tima for filing the 
 printed case. 
 
 A motion to dismiss for want of prosecution should not be made to 
 the court, but in chambers. Martin v. Hoy, Dig. S. C. D., p. 390, No. 53 ; 
 The steam propeller St. Mxgnus — before the full court, 1887 
 
 And the court has refused to interfere with the discretion exercised by 
 a judge in chambers. Sea Whittield v. The Merchmts' Bank, Dig. S.C.D., 
 p. 390, No. 51 ; Winnipeo v. IVright, 13 Can. S. C. R. 441. 
 
 In an election appeal, howaver, tha motion should ha made to the 
 court. North York Election Case, Dig. S. C. D., p. 391, No. 55 ; Charle- 
 voix Election Case, Ibid., p. 403, No. 99. 
 
 It is not a sufficient excuse for not inscribing an appeal for hearing 
 that the respondent has not filed his factum. Whittield v. The Merchants^ 
 Bank, Dig. S. C. D., p. 390, No, 51. 
 
 It is the duty of the appellant's solicitor to prosecute his appeal with 
 all reasonable despatch, and to inscribe it for hearing ex pirte if the 
 respondent be in default in depoiiting his factum ; and any carelessness 
 or neglect in acquainting himself and complying with the requirements 
 of the rules, may lay him open to the serious penalty of the dismissal of 
 the appeal, or at least to the payment of a considerable amounL ci costs, 
 that great " instrument of correction in the hands of the court." See 
 CoW V. Stadacona A»8. Co., Dig. S. C. D., p. 390, No. 52. 
 
104 SUPREME COURT RULES. 
 
 Rule 44, provides that unless an appeal is brought on for hearing by 
 the appellant within one year next after the security shall have been 
 allowed, it shall be held to have been abandoned without any order to 
 dismiss being required, unless the Supreme Court or a judge thereof 
 shall otherwise order. 
 
 RULE 6. 
 Certificate of security given. 
 
 The case shall be accompanied by a certificate under the 
 seal of the court below, stating that the appellant has given 
 proper security to the satisfaction of the court whose judg- 
 ment is appealed from, or of a judge thereof, and setting 
 forth the nature of the security to the amount of five 
 hundred dollars, as required by the thirty-first section of 
 the said Act, and a copy of any bond or other instrument 
 by which security may have been given shall be annexed 
 to the certificate. 
 
 In practice a copy of the bond by which security may have been given, 
 is generally printed in the case, but this is unnecessary. A copy certified 
 under the seal of the court below may be forwarded with the case. 
 
 The section of the Act relating to the giving of security is number 46, 
 See notes to said section ante p. 37. 
 
 RULE 7. 
 
 Case to be printed and twenty-five copies deposited with 
 registrar. 
 
 The case shall be printed by the party appellant, and ' 
 twenty-five printed copies thereof shall be deposited with 
 the registrar for the use of the judges and officers of the 
 court. 
 
 The case as settled between the j urties, or by the judge of the court 
 below, is to be printed, but there have been many appeals in which a 
 portion of the printing has been dispensed with, such as pamphlets or 
 other printed documents, books of account, statements, etc.; sometimes 
 evidence which has been printed for use in the court below, although not 
 in the form required by the rules of the Supreme Court, and only a few 
 
SUPREME COURT RULES. 105 
 
 copies can be procured. The judges have invariably relaxed the require- 
 menta as to printing, when doing so would save large expense, and not 
 cause any serious inconvenience. 
 
 But no application should be made to dispense with any part of the 
 printing until the case has bean settled, Bender v. Cariire, Dig. S C. D., 
 p. 384, No. 19 ; and such an application should be made to a judge of the 
 Supreme Court . nd not to a judge of the court below. 
 
 No provision has been made for the delivery of a printed copy of the 
 case to the respondent, as in the case of factums. In practice this can 
 give very little inconvenience, for the respondent will have in his posses- 
 sion, or can easily procure, a copy of all the material embodied in the 
 case. 
 
 In Ontario the Court of Appeal by General Order 68, provides that in 
 addition to the number of copies required for the use of that court, 
 thirty copies are to be deposited with the registrar for the purpose of 
 being delivered, in the event of an appeal to the Supreme Court of 
 Canada, to the party appealing to that court, for use upon such appeal. 
 This does not apply to appeals from the County Courts of Ontario, 
 for in such cases no appeal lies to the Supreme Court. 
 
 As to what the case should contain, see section 44 of the Act, ante 
 p. B4, and also Bule 2 and notes thereon. 
 
 RULE 8. 
 . Form of case. 
 
 The case shall be in demy quarto form. It shall be 
 printed on f-^pei of good quality, and on one side of the 
 paper only, and the type shall be small pica leaded, and 
 the size of the case shall be eleven inches by eight and 
 one-half inches, and every tenth line shall be numbered 
 in the margin. An index to the pleadings, depositions, 
 and other principal matters shall be added. 
 
 RULE 9. 
 
 Case not to be filed unless rules complied with. 
 
 The registrar shall not file the case without the leave of 
 the court or a judge, if the foregoing order has not been 
 complied with, nor if it shall appear that the press has not 
 
106 SUPREME COURT RULES. 
 
 been properly corrected, and no costs shall be taxed for 
 any case not prepared in accordance with this order. 
 
 The case is to be printed so as to procure a certain degree of unifor- 
 mity, and all that is required is a substantial compliance with Bule 8. 
 May V. McArthur, Dig. S. C. D., p. 384, No. 20. 
 
 The numbering may be from the top of each page. 
 
 For the purpose of making notes it is more convenient to have the 
 book with the printed pages to the left. 
 
 By the tariff, schedule D., the registrar is authorized to tax reasonable 
 charges for disbursements necessarily incurred in proceedings in appeal ; 
 and by Rule 81, amending the tariff, he may tax " for engrossing for 
 printer copy of case as settled, when such engrossed copy is necessarily 
 and properly required, per folio of 100 words, 10 cents ; for correcting 
 and superintending printing 100 words, 5 cents." 
 
 It is the duty of the appellant to avoid unnecessary expense, and the 
 costs of any printed material not properly required, or of printing done 
 in an unnecessarily expensive style, will be disallowed on taxation. 
 
 The printing should average from forty to forty-seven lines to the 
 page, and not be uselessly leaded or paragraphed. The price paid should 
 be a reasonable price, and the affidavit of disbursements, in addition to 
 stating that the printing charges have been paid, should state that such 
 charges are usual and reasonable in the locality in which the work has 
 been done. 
 
 The index should be sufficient to enable any document to be easily 
 found. It is objectionable to refer to an exhibit under its letter mex'ely, 
 without identifying it more fully. As a rule it is more convenient to 
 have the index at the beginning of the case. 
 
 RULE 10. 
 
 Certified copies of original documents and exhibits to 
 be deposited with Registrar. 
 
 Together with the case, certified copies of all original 
 documents and exhibits used in evidence in the court of 
 first instance, are to be deposited with the registrar, unless 
 their production shall be dispensed with by order of a 
 judge of this court ; but the court or a judge may order 
 that all or any of the originals shall be transmitted by the 
 officer having the custody thereof to the registrar of this 
 
SUPREME COURT RULE8. 107 
 
 court, in which case the appellant shall pay the postage 
 for such transmission. 
 
 Exhibits which have a bearing upon the question at issue in the 
 appeal should form part of the case, and be printed. When this has been 
 done, there is no necessity to send certified copies. Sometimes it is 
 sufficient to print extracts from the exhibits. Whenever it is desirable 
 that the original exhibits should be inspected by the judges of the 
 Supreme Court, an order for the transmission of such exhibits should 
 be obtained from a judge or the registrar of that court in chambers. 
 
 RULE II. 
 
 [As amended by Rule 80.j 
 
 Notice of hearing of appeal. 
 
 After the filing of the case, a notice of the hearing of the 
 appeal shall be given by the appellant for the next follow- 
 ing session of the court as fixed by the Act, or as specially 
 convened for hearing appeals according to the provisions 
 thereof, if sufficient time shall intervene for that purpose, 
 and if between the filing of the case and the first day of 
 the next ensuing session there shall not be sufficient time 
 to enable the appellant to serve the notice as hereinafter 
 prescribed, then such notice of hearing shall be given for 
 the session following the then next ensuing session. 
 
 Rule 13 i-egulates the form of the notice of hearing. 
 
 By Rule 14, as amended by Rule 80, the notice of hearing shall be 
 served at least fifteen days before the first day of the session at which 
 the appeal is to be heard. Rule 15, as amended by Rule 80, provides for 
 the manner of service. 
 
 RULE 12. 
 
 Special notice convening court, form of. 
 
 The notice convening the court under section 14 of the 
 Act, [88. 21 and 22, c. 185, R. S. C] for the purpose of 
 hearing election or criminal appeals, or appeals in matters 
 of habeas corpus, or for other purposes, shall, pursuant 
 
108 SUPREME COURT RULES. 
 
 to the directions of the chief justice or senior puisne judge, 
 as the case may he, he puhlished by the registrar in the 
 Canada Gazette, and shall be inserted therein for such 
 time before the day appointed for such special session as 
 the said chief justice or senior puisne judge may direct, 
 and may be in the form given in Schedule A, to these 
 rules appended. 
 
 RULE 13. 
 Form of notice of hearing. 
 
 The notice of hearing may be in the form given in 
 Pjhedule B to these Eules appended. 
 
 When an appeal is heard ex imrte, the court requires an affidavit prov- 
 ing service of notice of hearing. Dig. S. C. D., p. 393, No. 69. 
 
 RULE 14. 
 
 [As amended by Rule 80.] 
 
 When to be served. 
 
 The notice of hearing shall be served at least 15 daj's 
 before the first day of the session at which the appeal is to 
 be heard. 
 
 RULE 15 
 
 [As amended by Eule 80.] 
 
 How notice of hearing to be served. 
 
 Such notice shall be served on the attorney or solicitor 
 who shall have represented the respondent in the court 
 below, at his usual place of business, or on the booked agent, 
 or at the elected domicil of such attorney or solicitor at the 
 City of Ottawa, and if such attorney or solicitor shall have 
 no booked agent or elected domicil at the City of Ottawa, 
 the notice may bi. served by affixing the same in some con- 
 
BUPKEME COURT RULES. 109 
 
 spicuous place in the office of the Registrar, and mailing on 
 the same day a copy thereof prepaid to the address of such 
 attorney or solicitor. 
 
 See next Rule x-especting " The Agent's Book.'' 
 
 See Rule 40 as to service of notices of motion. 
 
 And see Rules 20 and 21 as to service of notice of hearing on respondent 
 who apiiears in person. 
 
 RULE i6. 
 
 "The Agent's Book." 
 
 There shall he kept in the office of the Registrar of this 
 court a book to be called "The Agent'g Book," in which all 
 advocates, solicitors, attorneys and proctors practising in 
 the said Supreme Court may enter the name of an agent 
 (such agent being himself a person entitled to practise in 
 the said court), at the said City of Ottav/a, or elect a domi- 
 cil at the said city. 
 
 It is provided by the Supreme and Exchequer Courts Act, R. S. C. c. 
 135, as amended by 50-51 V., c. 16, as follows : 
 
 " 16. All persons who are barristers or advocates in any of the 
 Provinces, may practise as barristers, advocates and counsel in the 
 Supreme Court." 
 
 " 17. All persons who are attorneys or solicitors of the superior 
 courts in any of the Provinces, may practise as attorneys, solicitors and 
 proctors in the Supreme Court." 
 
 " 18. All persons who may practise as barristers, advocates, coun- 
 sel, attorneys, solicitors oi proctors in the Supreme Court, shall be officers 
 of such court." 
 
 In Wallace v. Burkuer, the Supreme Court intimated that conducting 
 business with the Registrar's office by correspondence is a highly irregular 
 practice. Practitioners should understand the importance of appointing 
 an agent early in the course of an appeal. As soon as a case is transmit- 
 ted to the Supreme Court the appellant's solicitor should authorize some 
 practitioner in Ottawa, to act as agent and enter his name as such in the 
 " agent's book." The authority miy be a general one to act in all appeals, 
 or may be limited to any particular appeal. 
 
110 SUPREME COURT RULES. 
 
 The authority must be in writing and tiled in the Registrar's office. 
 No special form is required. . The following is sufficient : 
 
 " I hereby authorize you to enter your name as my agent in the ' agent's 
 book ' of the Supreme Court of Canada, and to act as such agent in all 
 appeals to that court in which I may be concerned for in thg following 
 appeal, viz. ] Dated etc." 
 
 The authority may be revoked by a subsequent one and a new entry in 
 the book. 
 
 By Rule 82, it is ordered that an allowance shall be taxed by the 
 Registrar to the duly entered agent in any appeal, in the discretion of the 
 Registrar to $20. 
 
 Any neglect to appoint an agent, or any neglect by an agent when 
 appointed, may seriously prejudice the rights of the parties. An agent 
 should keep a general supervision over the procedure in an appeal, see 
 that the appeal is duly entered and the fee paid on entering it, attend to 
 the depositing of the factum and the inscribing of the appeal, keep his 
 principal advised with refex'ence to all interlocutory applications, be 
 present in court to hear judgment and notify his principal of the result, 
 take out and serve on the agent of the other pari y an appointment to tax 
 costs and settle the minutes of the judgment, and attend the taxation 
 and settlement. Sometimes questions arise on the settlement of the 
 minutes requiring a thorough acquaintance on the part of the agent 
 with the nature of the appeal and the judgment. It is not very satis- 
 factory to find after a judgment has been entered that an important 
 provision has been omitted necessitating an application to the full court 
 at a considerable expense. 
 
 RULE 17. 
 
 Suggestion by respondent who appears in person. 
 
 In case any respondent who may have been represented 
 by attorney or solicitor in the court below, shall desire to 
 appear in person in the appeal, he shall immediately after 
 the allowance by tbe court appealed from, or a judge 
 thereof, of the security required by the Act, file with the 
 registrar a suggestion in the form following : 
 
 "A. r. B. 
 " I, A. B., intend to appear in person in this appeal. 
 
 (Signed), A. B." 
 
SUPREME COURT RULES. Ill 
 
 When a respondent conducts an appeal in person he should be careful 
 to comply with Rule 20 and elect some domicil or place at the city of 
 Ottawa at which all notices and papers may be served upon him, other- 
 wise by Rule 21 the notice of hearing may be served upon him by being 
 affixed in some conspicuous place in the office of the registrar, and by 
 Rule 40 service of all notices of motion may be made on him in the same 
 way. 
 
 When a party to an appeal appears in person he will be entitled to 
 tax, if successful, and granted costs, the usual costs between party and 
 party other than counsel fees. A respondent who is an advocate and 
 who has argued the appeal in person cannot tax counsel fees. Montmo- 
 rency Election Case, (Valin v. Laiigtois), Dig. S. C. D., p. 387, No. 33. 
 
 RULE i8. 
 
 If no suggestion filed. 
 
 If no such suggestion shall be filed, and until an order 
 shall have been obtained as hereinafter provided for a 
 change of solicitor or attorney, the solicitor or attorney 
 who appeared for any party respondent in the court below 
 shall be deemed to be his solicitor or attorney in the 
 appeal to this court. 
 
 RULE 19. 
 
 Suggestion by respondent who elects to appear by 
 attorney. 
 
 When a respondent has appeared in person in the court 
 below he may elect to appear by attorney or solicitor in 
 the appeal, in which case the attorney or solicitor shall 
 file a suggestion to that effect in the office of the registrar, 
 and thereafter the notice of hearing and all other papers 
 are to be served on such attorney or solicitor as hereinbe- 
 fore provided. 
 
112 SUPHEME COURT RULES. 
 
 RULE 20. 
 
 Election of domicil by respondent who appears in 
 person. 
 
 A respondent who appears in person may, by a sugges- 
 tion filed in the registrar's office, elect some domicil or 
 place at the city of Ottawa, at which all notices and papers 
 may be served upon him, in which case service at such 
 place of the notice of hearing and all other notices and 
 papers shall be deemed good service on the respondent. 
 
 RULE 21. 
 
 Service when respondent appears in person without 
 electing domicil. 
 
 In case the respondent, who shall have appeared in 
 person in the court appealed from, or who shall have filed a 
 suggestion pursuant to Eule 17, shall not, before service, 
 have elected a domicil at the city of Ottawa, the notice of 
 hearing may be served by affixing the same in some con- 
 spicuous place in the office of the rt: gialrar. 
 
 Rales 17, 18, 19, 20 & 21, all refer only to .. respondent, and pi'ovide 
 for the manner in which he may appear in .n appeal. No provision 
 has been made for the filing of a suggestion by an appellant who wishes 
 to appear in person, nor for his electing to appear by solicitor in the 
 Supreme Court when he has appeared in person in the court below, nor 
 for election of domicil by an appellant who wishes to appear in person. 
 But an appellant can prosecute an appeal in person, or by the solicitor 
 who appeared for him in the cause below, or he may instruct some other 
 solicitor to prosecute the appeal — and the rule as to entering an agent 
 would of course apply to any solicitor so acting for the appellant. Besides, 
 Hule 40 which regulates the mode of serving notices of motion is applic- 
 able as well to an appellant as a respondent, and from this rule it may 
 be inferred that an appellant appearing in person may elect a domicil 
 in the city of Ottawa. 
 
SUPREME COURT RULES. 113 
 
 RULE 22. 
 
 Changing attorney or solicitor. 
 
 Any party to an appeal may on an ex -parte application 
 to a judge obtain an order to change his attorney or solici- 
 tor, and after service of such order on the opposite party, 
 all services of notices and other papers are to be made on 
 the new attorney or solicitor. 
 
 One attorney's name only should appear on record. In an application 
 to char^jt! the name of solicitor, it was shown that Messrs. A. and B. 
 appear? J o" th'j case as solicitors and that A. had died. It was desired 
 to have the name of B. alone inserted as solicitor. Application refused 
 by the Chief Justice of the Supreme Court as unnecessary ; Gilmour <St 
 Rankin v. Dull, 1 Kerr, N. B., referred to. The Exchange Bank v. Springer, 
 24th February, 1887. 
 
 FACTUMS. 
 RULE 23. 
 
 [As amended by Rule 80.] 
 
 Factums to be deposited with registrar. 
 
 At least fifteen days before the first day of the session at 
 which the appeal is to be heard, the parties appellant and 
 respondent shall each deposit with the registrar, for the 
 use of the court and its ofiicers, twenty-five copies of his 
 factum or points for argument in appeal. 
 
 RULE 24. 
 What to contain. 
 
 The factum or points for argument in appeal shall con- 
 tain a concise statement of the facts, and of the points of 
 law intended to be relied on, and of the arguments and 
 authorities to be urged and cited at the hearing, arranged 
 under the appropriate heads. 
 
 C.S.E.C. 8 
 
114 SUPREME COURT RULES. 
 
 RULE 25. 
 
 How to be printed. 
 
 The factum or points for argument in appeal shall be 
 printed in the same form and manner as hereinbefore pro- 
 vided for with regard to the case in appeal, and shall not 
 be received by the registrar unless the requirements here- 
 inbefore contained, as regards the case, are all complied 
 with. 
 
 RULE 26. 
 
 Motion by respondent to dismiss appeal on ground of 
 delay in filing factum. 
 
 If the appellant does not deposit his factum or points 
 for argument in appeal within the time limited by Order 
 23, the respondent shall be at liberty to move to dismiss 
 the appeal on the ground of undue delay, as provided for 
 by section 41 of the Act, [s. 53, c, 135, R. S. C.J 
 
 RULE 27. 
 
 Appellant may inscribe ex parte if factum not filed. 
 
 If the respondent fails to deposit his factum or points for 
 argument in appeal within the said prescribed period, the 
 appellant may set down or inscribe the cause for hearing 
 ex parte. 
 
 See Eule 31. • . 
 
 RULg 28. 
 
 Setting aside inscription ex parte. 
 
 Such setting down or inscription ex parte may be set 
 aside or discharged upon an application to a Judge in 
 Chambers sufficiently supported by affidavits. 
 
SUPREME COURT RULES. 115 
 
 RULE 29. 
 
 Registrar to seal up factums first deposited. 
 
 The factum or points for avgument in appeal first 
 deposited with the registrar shall be kept by him under 
 seal, and shall in no case be communicated to the opposite 
 party until the latter shall himself bring in and deposit 
 his own factum or points. 
 
 RULE 30. 
 
 Interchange of factums. 
 
 So soon as both parties shall have deposited their said 
 factum or points for argument in appeal, each party shall, 
 at the request of the other, deliver to him three copies of his 
 said factum or points. 
 
 Rule 23, as originally passed, reqtiired that the factums should be 
 deposited at least one month before the first day of the sessior at which 
 the appeal was to be heard. By Rule 80 the time was altered and fixed 
 at fifteen days. 
 
 Parties should bear in mind that these rules respecting factums have 
 been passed for the convenience of the court. Tliey must be strictly 
 complied with ; Lord v. Davidson, Dig. S. C. D. p. 392, No. 63 : and can- 
 not be waived by consent of parties; CotJv. Stadncona Assur. Co., Dig. 
 S. C. D. p. 391, No. 60. The factum should be as complete as possible, 
 but the court has never refused leave to counsel to hand in for the use of 
 the judges a printed list of authorities cited at the hearing not already 
 mentioned in the factum. An additional argumentative factum is never, 
 or very rarely received, and would not be accepted by the registrar for dis- 
 tribution among the judges without special leave of the court. The 
 additional list of authorities should be printed and copies sent to the 
 registrar as soon as possible after the argument of the appeal. The 
 factum should not contain irrelevant matter, or reproduce documents 
 already printed in the case, when a reference to them will answer the 
 purpose. 
 
116 SUPREME COURT BULE8. 
 
 The facts of the case and points for argument should be con- 
 cisely and yet completely set out. In one case when a point was 
 raised at the hearing which was not in the factum, and the respondent 
 objected that he was not prepared to argue it, the court adjourned the 
 hearing for a week ; Western Comities liy. Co. v. Windsor d- Annapolis By, 
 Co., Dig, S. C. D. p. 391, No. 58. Any improper reflections upon the 
 conduct of the judges of the courts below will be ordered to be struck 
 out and subject the solicitor to the censure of the court and the loss of 
 his costs ; Wallace v. Souther, Dig. S. C. D. p. 391, No. 5G ; Vernon v. 
 Oliver, Ibid. p. 391, No. 57. 
 
 Objections to a factum as containing unnecessary matter may be 
 urged at the hearing ; Coleman v. Miller, Dig. S. C. D. p. 391, No. 61 ; or 
 may be urged before the registrar on taxation. 
 
 The form and manner of printing must be the same as those for the 
 case, see Rule 8 ; and the registrar, by Rule 25, is directed not to receive 
 the factum unless these requirements have been complied with. 
 
 Default on the part of the respondent in depositing a factum does not 
 justify the appellant in neglecting to deposit his, or relieve him from the 
 risk of a motion to dismiss under Rule 26 ; Whitfield v. The Merchants' 
 Bank, Dig. S. C D. p. 390, No. 51. It is the duty of the appellant to 
 prosecute his appeal with all reasonable despatch and in strict conformity 
 with the requirements of the statute and rules. If the respondent is in 
 default, the appeal is inscribed ex parte, and the registrar is not at liberty 
 to inscribe in any other way. The word " may " in Rule 27, therefore 
 means " must," if the appellant inscribes the appeal. Rule 28 provides a 
 mode of relief in a proper case against this inscription ex parte. 
 
 In certain circumstances the court has dispensed with an oral argu- 
 ment of the appeal, and allowed the case to be submitted on the 
 factums. See Dig. S. C. D. p. 392, Nos. 64-67. 
 
 No factums are required in criminal appeals, nor in habeas corpus 
 appeals— Rule 47. In elections appeals a factum must be deposited as 
 in ordinary appeals— Rule 53; but only three days before the session — 
 Rule 54. In a proper case an order may be obtained dispensing with a 
 factum in these appeals — Rule 65. 
 
 Rule 63, as amended by Rule 80, provides for the depositing of factums 
 in a cross appeal, the time within which such factums must be deposited, 
 and the interchange of such factums between the parties. 
 
 Rule 64 provides for the translation of a factum, if required by a 
 judge. There has been no case in which this has been required. 
 
KUPREME COURT RULES. 117 
 
 INSCRIPTION OF APPEAL. 
 RULE 31. 
 
 [As amended by Eule 80. ] 
 
 Registrar to inscribe appeals for hearing. 
 
 Appeals shall be set down or inscribed for hearing in a 
 book to be kept foi that purpose by the registrar at least 
 fourteen days before the first day of the session of the 
 court fixed for tlie hearing of vhe appeal. But no appeal 
 shall be so inscribed wLich bhall not have been filed 
 twenty clear days before said first day of said session, with- 
 out the leave of the court or a judge. 
 
 It is fclie duty of the appellant to inscribe the appeal. He cannot 
 inscribe if the " case " has not bsen tiled twenty cleai* days before the 
 first day of the session, as provided by the latter part of this rule, nor 
 unless his own factum has been deposited within the time fixed by 
 Rule 23, nor until the time allowed by that rule has passed, leaving the 
 respondent in default. 
 
 By the statute, Supreme and Exchequer Courts Act, section 20, the 
 regular sesbions always begin on a Tuesday. The case therefore should 
 be filed not later than tlu third Tuesday preceding the opennig of the 
 session ('20 clear day-). The I'actums, under lUila 2;<, should be deposited 
 not later than the third Saturday i)receding the opening of the session, 
 and the appeal should be inscribed on the third Monday preceding, — that 
 is the Monday following the last day lor depositing the factums. If the 
 respondent has failed to deposit his factum the appeal must be mscribed 
 for hearing <'.T jK()7<'. This inscription ex jxirte can only be vacated on 
 application supported by affidavit accounting for the delay. A mere con- 
 sent on the part of the appellant or his solicitor would not be sufficient. 
 See Rules 27 and 28. 
 
 On the third Monday preceding the first day of the session, assuming 
 the session to be a regular one beginning on a Tuesday, the agent for the 
 appellant should attend the registrar's office, write out a pra3cipe for a 
 search, to satisfy himself that the "cane" has been filed twenty clear 
 days before the first day of the session, and to ascertain whether the 
 respondent's factum has been deposited or not. If the case has been 
 
118 SUPREME COURT RULES. 
 
 regularly filed, the agent can then file with the registrar a prsBcipe 
 requesting him to inscribe the appeal. 
 
 The appeal may be inscribed at any time, provided the factums of both 
 parties have been filed, and the case filed within the proper time. If the 
 appellant wishes to inscribe before the time has expired for depositing 
 the factums, he should not neglect to make a search before filing with 
 the registrar a request to inscribe, for if the case has not been regularly 
 filed, or if the factum of respondent has not been deposited, the request 
 will not be complied with, and unless another request be made when the 
 appeal is ready for inscription, the appellant may find himself open to a 
 motion to dismiss for not having duly inscribed his appeal. 
 
 The respondent cannot inscribe the appeal, even though the appellant 
 make default in inscribing. His remedy is by motion to dismiss for 
 want of prosecution. See section 58 of the Supreme and Exchequer 
 Courts Act, and notes thereon, and llule 26 and notes. 
 
 There are special rules relating to the inscription of election appeals, 
 exchequer appeals, criminal appeals, and appeals in matters of habeas 
 
 1. As to election appeals. See section 51, sub-section 2 of the 
 Dominion Controverted Electiors Act and notes thereon, autf p. 84. This 
 section provides that an election appeal, after the transmission of the 
 record by the clerk or other proper oflicer of the court below, shall be 
 set down by the registrar of the Supreme Court for hearing at the near- 
 est convenient time, and according to any rules of the Supreme Court of 
 Canada in that behalf. The only rules of the Supreme Court directly 
 affecting the inscription are the one requiring a fee of $10 to be paid on 
 entering every appeal, and the rules relating to the printing of the record 
 and the depositing of factums (51-54). If the fee be paid in time to 
 enable the registrar to have the record printed and to enable the factums 
 to be deposited within the time specified, the appeal will be immediately 
 inscribed by the registrar for the ensuing session. 
 
 2. As to exchequer appeals. By section 51 of chapter 16 of 50-51 V., it 
 is provided that after the deposit of $50 by way of security for costs, or 
 filing of notice of intention to appeal on behalf of the crown, section 53, 
 the registrar shall set tlie appeal down for hearing before the Supreme 
 Court on the first day of the next session. 
 
 3. As to criminal appeals and appeals in matters of habeas corpus. 
 These may be set down for hearing as soon as the certified written case 
 mentioned in Rule 47, has been received by the registrar, provided the 
 time limit specified in Rule 48 does not interfere. In that event an 
 application may bo made to a judge, or to the court if in session, for 
 special leave to inscribe. 
 
8UPRF.ME COURT RULES. 119 
 
 Election appeals take precedence on the inscription list. On special 
 application criminal appeals have been given an early hearing during 
 the session. Exchequer appeals are placed last on the list. 
 
 HEARING. 
 
 RULE 32. 
 
 Counsel at hearing. 
 
 No more than two counsel on each side shall be heard on 
 any appeal, and but one counsel shall be heard in reply. 
 
 In some cases the court has relaxed this rule and heard more than two 
 counsel : — e.g. where intricate questions requiring a consideration of the 
 law of both the Provinces of Ontario and Quebec have been raised. Dig. 
 S. C. D. p. 388, Nos. 40, 41 & 42. And where in an appeal between 
 private suitors, the validity of an Act of the Provincial Legislature has 
 been questioned, the Attorney-General of the Province has been heard. 
 Dig. S. C. D. p. 388, No. 3'.). T)ie fact of there being a cross appeal is 
 not in itself sutHcient ground to cause the court to depart from its rule. 
 Dig. S. C. D. p. 388, No. 41. 
 
 The counsel for the appellant are first heard, then the counsel for 
 respondent, and one of the counsel for the appellant replies. 
 
 No rule has been laid down as to whether senior or junior counsel 
 should first address the court. In cases from the Province of Quebec, 
 it is not unusual for the junior counsel to speak lirst and then t senior 
 counsel. In cases from tlie other provinces the senior couudel first 
 addresses the court and is followed by' his junior. 
 
 Any one attacking the validity of a statute should begin, as all statutea 
 should priiHii facie bo considered within the jurisdiction of the legislature 
 passing them. Dig. 8. C. D. p. 388, Nos. 43 and 44. 
 
 When the question before the court was whether the Canada Temper- 
 ance Act, 1878, section G, had been complied with, and whether a procla- 
 mation should issue under section 7, the court directed the parties to 
 begin who sought to sustain the affirmative. Dig. 8. C. D. p. 388, No. 45. 
 
 The court refused to hear counsel residing in the State of New York. 
 Dig. 8. C. D. p. 389, No. 47. 
 
120 SUPREME COURT RULES. 
 
 RULE 33- 
 
 Postponement of hearing. 
 
 The court may in its discretion postpone the hearing 
 until any future day during the same session, or at any 
 
 following session. 
 
 « 
 
 The power of altering the order of hearing appeals is reserved to the 
 court by section 58 of the Supreme and Exchequer Courts Act. This 
 applies only to changing the order of tlie list for the session at the time 
 being held. The above rule goes further and provides for the postpone- 
 ment of an appeal to any following session. If botL parties consent to 
 the postponement of the hearing of an appeal on the list, counsel can 
 either notify the court when the appeal is called, or inform the legistrar 
 in writing of their wish to withdraw the appeal, and the registrar will 
 inform the court when the appeal is called. As a rule when an appeal is 
 merely withdrawn it should be re-inscribed for hearing by the appellant 
 on the usual praecipe filed with the registrar. When the court directs an 
 appeal to stand for hearing at a subsequent session, no re-inscription is 
 required, as the registrar will place the appeal on the list, in accordance 
 with the direction of the Court. 
 
 If the case does not contiin the formal judgment of the court below, or 
 the reasons of the judges oL the courts below, or affidavit required by Rule 
 2, that such reasons could not be procured, or a proper index, or is in any 
 other respect imperfect, the court may direct the postponement of the 
 hearing. Dig. S, C. D. p. 383, No. 11 ; Lvwin v. Iloive, February 
 session, 1888. 
 
 RULE 34- 
 
 Default by parties in attending hearing. 
 
 Appeals shall be heard in the order in which they have 
 been set down, and if either party neglect to appear at the 
 proper day to support or resist the appeal, the court may 
 hear the other party, and may give judgment without the 
 intervention of the party so neglecting to appear, or may 
 postpone the hearing upon such terms as to payment of 
 costs or otherwise as the court shall direct. 
 
 If neither party be represented when the appeal is called for hearing, it 
 will be struck out of the list. If the appellant be not represented and 
 
SUPREME COURT RULES. 121 
 
 counsel for respondent ask for the dismissal of the appeal, it will be 
 dismissed with costs. Dig. S. C. D. p. 389, No. 50. If respondent's 
 counsel, instead of asking for dismissal of the appeal, asks for the post- 
 ponement of the hearing to the following session, the request will usually 
 be granted. 
 
 If respondent be not represented, counsel for appellant may be heard 
 ex parte, or may ask for the postponement of the hearing. 
 
 RULE 35- 
 
 How orders to be signed and dated. 
 
 All orders of this court in cases of appeal shall bear date 
 on the day of the judgment or decision being pronounced, 
 and shall be signed by the registrar. 
 
 This rule refers to orders of the court. An order made by a Judge in 
 Chambers is signed by the judge. And orders made by the registrar 
 sitting as a Judge in Chambers, are signed by the registrar— Rule 83. 
 
 When one of the parties has died between the hearing and pronouncing 
 of judgment, the court, on application, may direct its order to be dated 
 and entered Jiimc pro tunc, as of the day of hearing. Dig. S. C. D. p. 39(), 
 Nob. 84-85 ; p. 397, No. 8l>. 
 
 Even after the final judgment has been signed and entered and trans- 
 mitted to the court below, the Supreme Court has power to amend such 
 judgment, and will do so 'f it is clear that by oversight or mistake an 
 error has occurred. lialtray v. Yoitnrj, Dig. S. C P. p. 400, No. 92. 
 
 When a judgment is amended it will be amended to read nunc pro tunc. 
 Dig. S. C. D. p. 397, Nos. 87 and 91. 
 
 ADDING PARTIES TO THE APPEAL. 
 
 RULE 36. 
 Adding parties by suggestion. 
 
 In any case not already provided for by the Act, in 
 which it becomes essential to make an additional party to 
 the appeal, either as appellant or respondent, and whether 
 such proceeding becomes necessary in consequence of the 
 
122 SUPREME COURT RULES. 
 
 ueath or insolvency of any original party, or from any 
 other cause, such additional party may be added to the 
 appeal by filing a suggestion as nearly as may be in the 
 form provided for by section 43 of the Act, [s. 55, c. 135, 
 
 R. S. C] 
 
 RULE 37. 
 
 Suggestion may be set aside. 
 
 The suggestion referred to in the next preceding rule 
 may be sec aside, on motion, by the court or a judge 
 thereof. 
 
 RULE 38. 
 
 Determining questions of fact arising on motion. 
 
 Upon any such motion, the court or a judge thereof may, 
 in their or his discretion, direct evidence to betaken before 
 a proper officer for that i^urpose, or may direct that the 
 parties shall proceed in the proper court for that purpose 
 to have any question tried and determined, and in such 
 case all proceedings in appeal may be stayed until after the 
 trial and determination of the said question. 
 
 These rules supplement the provisions of sections 54 to 57 of the 
 Supreme and Exchequer Courts Act, see ante, pp. 46 and 47 and notes. 
 
 MOTIONS. 
 
 RULE 39. 
 Motions. 
 
 All interlocutory applications in appeals shall be made 
 by motion, supported by affidavit to be filed in the office 
 of the registrar before the notice of motion is served. The 
 notice of motion shall be served at least four clear days 
 before the time of hearing. 
 
SUPREME COURT RULES. 123 
 
 RULE 40. 
 
 Notice of motion, how served. 
 
 Such notice of motion may be served upon the solicitor 
 or attorney of the opposite party by delivering a copy 
 thereof to the booked agent, or at the elected domicil of 
 such solicitor or attorney, to whom it is addressed, at the 
 City of Ottawa. If the solicitor or attorney has no booked 
 agent, or has elected no domicil at the City of Ottawa, or 
 if a party to be served with notice of motion has not 
 elected a domicil at the City of Ottawa, such notice may 
 be served by affixing a copy thereof in some conspicuous 
 place in the office of the registrar of this court. 
 
 RULE 41. 
 
 Affidavits in support of motion. 
 
 Service of a notice of motion shall be accompanied by 
 copies of affidavits filed in support of the motion. 
 
 These rules should he followed by Eule 43, which provides that 
 " motions to be made before the court are to be set down in a list or 
 paper, and are to be called on each morning of the session before the 
 hearinjj of appeals is proceeded with." 
 
 Although under Rule 4G these rules as to motions do not apply to 
 criminal appeals, nor to appeals in matters of habeas corpus, and under 
 Rule 50 do not apply to election appeals, yet the practice of the court 
 has been the same with respect to motions in all classes of appeals, bo 
 far at least as Rules 39, 41 and 43, lay down the procedure. 
 
 Rule 40, shews the importance of appointing an agent or electing a 
 domicil. See Rule 10 and notes. Ex ahnmlanti caiitehi, in addition to 
 effecting service in the mode pointed out by Rule 40, a copy cf the papers 
 should be mailed to, or otherwise served on the solicito: of the opposite 
 party. This should invariably be done in election, criminal or habeas 
 corpus appeals. 
 
 Affidavits used in reply are filed in the registrar's office after being 
 read. 
 
124 SUPREME COURT RULES. 
 
 RULE 42. 
 
 Giving further time. 
 
 Upon application supported by affidavit, and after notice 
 to the opposite party, the court or a judge thereof may 
 give further reasonable time for filing the printed case, 
 depositing the printed factum or points of either party, 
 and setting down or inscribing the appeal for hearing, as 
 required by the foregoing rules. 
 
 This is a special rule governing the extension of time for doing certain 
 specified acts tlierein mentioned. A more general power for extending 
 or abridging the time for " doing any act or taking any proceeding" is 
 given by Rule 70. 
 
 An application under Rule 42, should not be made merely on consent. 
 Some good and substantial i-eason should be shewn by affidavit for 
 asking the indulgence desired. The time limit laid down by the rules 
 for doing any of the acts referred to in Rule 42, has been fixed after full 
 consideration, as the most reasonable and convenient for both the judges 
 and the partips, and will not be readily extended without very strong 
 grounds being shewn. As to the time within which the case should be 
 filed, see Rules 5 ife i51. As to depositing factums, see Rule 23 ; and as 
 to inscribing, see Rule 31. 
 
 RULE 43. 
 
 Setting down motions. 
 
 Motions to be made before the court are to be set down 
 in a list or paper, and are to be called on each morning of 
 the session before the hearing of appeals is proceeded 
 with. 
 
 The solicitor or agent for the party on whose behalf a motion is to be 
 made before the court should attend at the registrar's office on the morn- 
 ing of the day when the motion is to be brought on for hearing and put 
 it on the list. This list is placed before the Chief Justice, who calls the 
 motions in the order in which they are set down. See Rules 39, 40 & 
 41 as to motions generally. 
 
SUPREME COURT RULES. 125 
 
 RULE 44. 
 
 Appeal abandoned by delay. 
 
 Unless the appeal is brought on for hearing by the 
 appellant within one year next after the security shall 
 have been allowed, it shall be held to have been abandoned 
 without any order to dismiss being required, unless the 
 court or a judge thereof shall otherwise order. 
 
 RULE 45. 
 
 Rules applicable to exchequer appeals. 
 
 The foregoing rules shall be applicable to appeals from 
 the Exchequer Court of Canada, except in so far as the 
 Act has otherwise provided. 
 
 See chapter 16 of 50-51 V., ss. 51, 52 and 53, ante p. 77. 
 
 These sections effect a few changes in the procedure relating to exche- 
 quer appeals : 
 
 1. The security is different both in amount and manner of giving it. 
 The amount is $50, instead of $500, as in ordinary appeals, although no 
 good reason can be given why there should be this difference, exchequer 
 appeals, as a rule, being rather more costly than others. The security is 
 given by depositing the amount with the Registrar of the Supreme 
 Court. If the appeal be on behalf of the Grown no deposit is required, 
 a notice filed with the registrar taking its place. 
 
 2. The time within which security must be given is different. In 
 ordinary appeals sixty days are allowed within which to give the 
 security ; section 40 of chapter 135 Revised Statutes Canada, as amended 
 by Schedule (A) of chapter 10 of 50-51 V. In exchequer appeals, security 
 must be given within thirty days. 
 
 3. The appeal has to be inscribed by the registrar of the Supreme 
 Court for the next session as soon as the security is given. Therefore 
 Rule 31 is not applicable to such an appeal. 
 
 4. Notice of hearing must be given within ten days after the deposit ; 
 and the notice may limit the appeal to any defined question or questions. 
 Rule 11 provides for notice of hearing in ordinary appeals. 
 
 In other respects the procedure in exchequer appeals is the same as 
 that in ordinary appeals. 
 
126 SUPREME COURT RULES. 
 
 RULES APPLICABLE. TO CRIMINAL APPEALS AND 
 APPEALS IN MATTERS OF HABEAS CORPUS. 
 
 RULE 46. 
 
 Rules not applicable to criminal appeals, nor habeas 
 corpus. 
 
 The foregoing rules shall not, except as hereinbefore 
 provided, apply to criminal appeals nor to appeals in 
 matters of habeas corpus. 
 
 RULE 47. 
 
 Case in criminal appeals and habeas corpus. 
 
 In the cases mentioned in the next preceding rule, no 
 printed case shall be required, and no factum or points for 
 argument in appeal need be deposited with the registrar, 
 but such appeals may be heard on a written case, certified 
 under the seal of the court appealed from, and which case 
 shall contain all judgments and opinions pronounced in 
 the court below. 
 
 RULE 48. 
 
 When case to be filed. 
 
 In criminal appeals, and in appeals in cases of habeas 
 corpus, and unless the court or a judge shall otherwise 
 order, the case must be filed as follows : 
 
 (1) In appeals from any of the Provinces other than 
 
 British Columbia, at least one month before the 
 first day of the session at which it is set down to 
 be heard. 
 
 (2) In appeals from British Columbia, at least two 
 
 months before the said day. 
 
SUPREME COURT RULES. 127 
 
 RULE 49. 
 
 Notice of hearing in criminal appeals and in appeals in 
 matters of habeas corpus. 
 
 In cases of criminal appeals and appeals in matters of 
 habeas corpus, notice of hearing shall be served the respec- 
 tive times hereinafter fixed before the first day of the gen- 
 eral or special session at which the same is appointed to 
 be heard, that is to say : 
 
 (1) In appeals from Ontario and Quebec, two weeks. 
 
 (2) In appeals from Nova Scotia, New Brunswick and 
 
 Prince Edward Island, three weeks. 
 
 (3) In appeals from Manitoba, one month. 
 
 (4) In appeals from British Columbia, six weeks. 
 
 The sections of the Supreme and Exchequer Courts Act specially 
 applicable to habeas corpitu appeals are 32, 38, M tk 35. Criminal appeals 
 are governed by chapter 50 of 50-51 V., the provisions of which were 
 brought into force on the 1st October, 1887, by proclamation issued in the 
 Canada Gazette and dated the 28th day of September, 1887. 
 
 Both with regard to appeals in matters of habeas corpus and criminal 
 appeals the intention of the Legislature appears to have been that these 
 appeals should be heard promptly. Section 35 of the Supreme and 
 and Exchequer Courts Act says : " An appeal to the Supreme Court in 
 any habeas corpus matter shall be heard at an early day, whether in or out 
 of the prescribed sessions of the court." 
 
 And with respect to criminal appeals sub-section 2, of section 268 of the 
 Criminal Proceedure Act as substituted by section 1 of chapter 50 of 
 60-51 v., for the original section, provides : " Unless such appeal is 
 brought on for hearing by the appellant at the session of the Supreme 
 Court, during which such affirmance [of the conviction] takes place or 
 the session next thereafter, if the said court is not then in session, the 
 appeal shall be held to have been abandoned, unless otherwise ordered 
 by the Supreme Court." 
 
 The delays specified in Rules 48 and 49, do not seem to accord with the 
 spirit of these sections. But in practice the court has invariably shewn 
 itself ready to expedite such appeals, by shortening the delays to the 
 utmost reasonable extent and giving such appeals precedence on the list 
 for hearing, upon application made. 
 
128 SUPREME COUKT RULES. 
 
 ELECTION APPEALS. 
 
 RULE 50. 
 
 Preceding rules not applicable in election cases. 
 
 The foregointr rules are not to apply to appeals in contro- 
 verted election cases. 
 
 Notwithstanding this rule, the practice adopted by the court in election 
 appeals has been similar in many respects to that laid down for ordinary 
 appeals. The same procedure has been followed as regards agents and 
 their appointment, the election of domicil, motions in chambers and 
 before the court, the signing and dating of orders, the number of counsel 
 to be heard. Rule 12 is by its terms applicable to election as well as other 
 appeals ; and by Rules 53 and 54, the rules regulating the printing and 
 interchange of factums (25 & 30) are made applicable to election 
 appeals. 
 
 RULE 51. 
 
 Printing record in election appeals. 
 
 In such election appeals the party appellant shall deposit 
 with the registrar such sum as shall be required for printing 
 the record, or so much thereof as a judge may direct to be 
 printed, at the rate of thirty cents per folio of one hundred 
 words. 
 
 It should be borne in mind by the appellant that printing an election 
 record is a work of time. In ordinary appeals the court has considered 
 it reasonable to give one month for printing the case, and this time has 
 been frequently extended. As a rule the case in an ordinary appeal is 
 much shorter than the record in an election appeal. 
 
 Therefore the deposit should be made as soon as possible after the 
 appeal has been entered and inscribed. This will be done by the registrar 
 immediately upon the usual fee of |10 being paid. If it is intended to limit 
 the printing to be done (see Rule 55) an application should be made at an 
 early day, and the registrar put in a position to proceed with the printing 
 without delay. The 30o. a folio has usually been saft'oient to cover the 
 cost of printing. Any surplus is returned to the apueil*' fc, together with 
 the sum (if any) paid by the respondent under Rulu 52. 
 
SUPREME COURT RULES. 129 
 
 RULE 52. 
 
 [As amended by Rule 78. J 
 
 Copies of record. 
 
 The registrar shall cause twenty-five copies of the said 
 record to be printed, in the same form as hereinbefore 
 provided for the case in ordinary appeals, for the use of the 
 court and its officers, and also twenty additional copies, ten 
 of which are, upon his request, to be delivered to the appel- 
 lant free of charge, and ten to the respondent upon pay- 
 ment of I his due proportion of the cost ot printing the same, 
 such proportion to be fixed by the registrar, and the amount 
 so paid shall be returned by the registrar to the appel- 
 lant] . 
 
 RULE 53. 
 
 Factum in election appeals. 
 
 The factum or points for argument in appeal in contro- 
 verted election appeals shall be printed as hereinbefore 
 provided in the case of ordinary appeals. 
 
 See Rules '24 and 25, ante p. 113. 
 
 RULE 54- 
 
 When to be deposited. 
 
 The points for argument in appeal or factum in contro- 
 verted election cases shall be deposited with the registrar 
 at least three days before the first day of the session fixed 
 for the hearing of the appeal, and are to be interchanged 
 by the parties in manner hereinbefore provided with regard 
 to the factum or points in ordinary appeals. 
 
 See Rules 25 and 30. 
 
 Rule 55 provides for dispensing with a factum in certain cases. 
 C.S.E.C. t/ 
 
130 SUPREME COUUT RULES. 
 
 RULE 55. 
 
 Order dispensing witti printing of record or factum in 
 election appeals. 
 
 In election appeals a judge in chambers may, upon the 
 application of the appellant, make an order dispensing 
 with the printing of the whole or any part of the record, 
 and may also dispense with the delivery of any factum or 
 points for argument in appeal. Such order may be obtained 
 ex parte, and the par ty obtaining it shall forthwith cause it 
 to be served upon the adverse party. 
 
 In practice such an order is seldom or never made ex parte. Four clear 
 days' notice should be given of the intention to apply for it. The order is 
 usually obtained when the appeal has been limited by the notice provided 
 for by the statute, sub-section A, section 51, Dominion Controverted 
 Elections Act, to any defined question or questions, of fact or of law. 
 And it is the duty of the appellant to apply for such an order whenever 
 it will save useless expense, otherwise he may have to pay the costs of 
 printing the unnecessary matter in any event. See judgment of 
 Taschereau, J., in Brassard v. Langevin, 1 Can. S. C. R. 201. See also 
 judgmen of Henry, J., at page 231. 
 
 RULE 56. 
 
 Fees to be paid registrar. 
 
 The fees mentioned in Schedule (C) to these orders shall 
 be paid to the registrar by stamps to be prepared for that 
 purpose. 
 
 The schedule C originally appended to the Orders has been repealed 
 and a new schedule substituted by General Order 84, which see. With a 
 few exceptions, fees are not payable in criminal and habeas corpus 
 appeals. 
 
 The Supreme Court has no power to allow an appeal in formd pauperis. 
 The payment of the feos fixed by the schedule will not therefore be 
 dispensed with any more than the giving of the security required by the 
 Act. Dig. S. C. D., p. 403, No. 100. 
 
 RULE 57. 
 Costs. 
 
 Costs in appeal between party and party shall be taxed 
 
 pursuant to the tariff of fees contained in Schedule (D) to 
 
 these orders. 
 
SUPREME COURT RULES. 131 
 
 By section 100 of the Supreme and ]'jxchequer Courts Act it is 
 provided, tliat the judfjcs of the Sn[)renie Court, or any five of tlieni may, 
 from time to time, make general rules and orders, ai.iong other things, 
 " for fixing the fees and costs to be taxed and allowed to, and received 
 and taken by, and the rights and duties of, the ofificers of the court, and 
 for awarding and regulating costs in such court in favor of and against 
 the Crown, as well as the subject." 
 
 By section 62 of the Act, " The Hupreme Court may, in its discretion, 
 order the payment of the costs of the court appealed from, and also of 
 the appeal, or any part thereof, as well when the judgment appealed from 
 is varied or reversed, as where it is affirmed." 
 
 Section f>l provides for the costs of a respondent when the appellant 
 discontinues his appeal. 
 
 In controverted election appeals by sub-section 3, of section 51 of the 
 Dominion Controverted Elections Act, the Supreme Court of Canada 
 may make such order as to the money deposited as security for costs and 
 as to the costs of the appeal as it thinks just. Section 58 of the said 
 Act provides for the recovery of costs awarded by the court below against 
 a petitioner out of the deposit made by the petitioner, or if deposit 
 insufficient by execution. 
 
 And by section 54 of the Act it is provided, that : 
 
 "In appeals under this Act, to the Supreme Court of Canada, the 
 said court may adjudge the whole or any part of the costs in the court 
 below to be paid by either of the parties ; and any order directing the 
 payment of such costs shall bo certified by the registrar of the Supreme 
 Court of Canada to the court in which the petition was filed, and the 
 same proceedings for the recovery of such costs may thereupon be taken 
 in the last mentioned court as if the order for payment of costs had been 
 made by that court or by the judge before whom the petition was tried." 
 39 v., 0.26, 8. 16. 
 
 In appeals under the Winding-up Act, chapter 129, Revised Statutes 
 of Canada, costs are regulated by the provisions of the Supreme and 
 Exchequer Courts Act. So far as appeals to the Supreme Court of Can- 
 ada from the District of Keewatin are concerned section 75 of the Wind- 
 ing-up Act is also applicable, which provides, that if the appellant does 
 not proceed with his appeal according to the law or the rules of practice, 
 as the case may be, the court appealed to on the application of the 
 respondent, may dismiss the appeal with or without costs. 
 
 With respect to appeals from the Maritime Court of Ontario, section 
 19 of the Maritime Court Act provides, that: " The practice, procedure 
 and powers as to costs and otherwise of the Supreme Court of Canada in 
 
132 SUPREME COURT RULES. 
 
 other appeals shall, so far as applicable, and unless such court otherwise 
 orders, apply and extend to. appeals under this Act, when no other 
 provision is made, either by this Act or the general rules made under this 
 Act, or under the Supreme and Exchequer Courts Act." 
 
 With regard to criminal appeals, no special provision has been made 
 by chapter i50 of 50-51 V. as to costs, which in such appeals are therefore 
 entirely regulated by the provisions of the Supreme and Exchequer 
 Courts Act and the practice of the court. 
 
 As a rule no costs are given in criminal appeals, or in habeas corpus 
 appeals. But where an appeal in a habeas corpus matter had been pro- 
 ceeded with after the discharge of the priaoiier aiiu for the mere purpose' 
 of deciding the question of costs, the appeal was dismissed with costs. 
 Dig. S. C. D., p. 386, Nos. 31 & 32. In re G. II. Johnson, Ibid. p. 540^ 
 No, 4. 
 
 Costs in exchequer appeals also are regulated entirely by tha pro- 
 visions of the Supreme and Exchequer Courts Act and the rules of the. 
 court. 
 
 SECUKITY FOR COSTS. 
 
 Security for costs must be given in all appeals, except : 
 
 1. Appeals by or on behalf of the Crown. See sub-section 2 of section 
 46 Supreme and Exchequer Courts Act. 
 
 When an appeal by or on behalf of the Crown comes from the Exche- 
 quer Court, section 53 of chapter 16 of 50-51 V., (the Exchequer Court 
 Act) provides that no deposit by way of security shall be required, a 
 notice of intention to appeal filed with the registrar of the Supreme 
 Court taking its place. 
 
 2. Criminal appeals. Sub-section 2 of section 46 Supreme and Exche- 
 quer Courts Act. 
 
 3. Proceedings for or upon a vrit of habeas corpus. Ibid, 
 
 In all other appeals the security, mode of giving and amount, are 
 regulated by section 46 of the Supreme and Exchequer Courts Act, (see 
 said section and notes thereon), except by sub-section 2 of said section : 
 
 1. Election appeals in which the security for costs is regulated by 
 section 51 of the Dominion Controverted Elections Act, and by that 
 section fixed at $100, by deposit. 
 
 2. In Exchequer Court appeals, in which, by section 51 of chapter 16 
 of 60-51 v., the security is fixed at $50, by depos-t. 
 
SUPREME COURT RULES. 133 
 
 There would at first sight be some difficulty in finding good reasons 
 for fixing the security at |100 and |50 respectively in election and exche- 
 quer appeals, instead of $500, as in ordinary appeals. In practice, 
 owing to the fact that the records in such cases have usually been very 
 voluminous, the deposit has been altogether inadequate to serve as 
 security for the costs. It may be that in these cases it was thought 
 desirable not to place difficulties in the way of appealing and of having 
 them if possible inexpensively and promptly disposed of. 
 
 In exchequer appeals, especially, it may be said the Crown should 
 be willing to facilitate an appeal by a subject seeking redress from it. 
 Where the appeal is by the subject he needs no security from the Crown, 
 and therefore none is required by the statute. 
 
 As to security, see further notes to section 46 of the Supreme and 
 Exchequer Courts Act. 
 
 And as to when costs will or will not be given see notes to section 62 
 of the Act. 
 
 PRACTICE ON TAXATION. 
 
 It will be observed that Rule 57 relates only to costs " between party 
 and party." The registrar is not authorized to tax costs between solici- 
 tor and client. Boak v. Merchants Marine Ins. Co., Dig. S. C. D., p. UHT, 
 No. 35. 
 
 The agent of the successful party attends the registrar's office for au 
 appointment. It is usual to take one appointment for the settlement of 
 the minutes of judgment and taxation of the costs. The agent has this 
 appointment served with a copy of the minutes of judgment and of the 
 bill. The bill is always prepared by the agent or solicitor, and never by 
 the registrar, and the agent or solicitor prepares also the minutes of 
 judgment. At the time appointed the agents or solicitors for the respec- 
 tive parties attend before the registrar, who settles the minutes and 
 taxes the costs. If either party is dissatisfied with the taxati-^n he 
 should apply to the registrar sitting as a judge in chanihers for a 
 reviewal of the taxation, giving due notice to the other side, and st^tting 
 out his objections in writing. If the registrar refuses to alter his tax- 
 ation, an appeal can be taken to a judge, under Rule 83. It is not usual 
 to interfere with the taxation of the registrar on a mere question of 
 amount. He must have exercised his discretion on a wrong principle. 
 
 An application for a fiat for an increased counsel fee should also be 
 made to the registrar in chambers, after the taxation, and upon notice. 
 An appeal must be one of exceptional importance and difficulty to 
 justify such an application. 
 
134 SUPREME COURT RULES. 
 
 RULE 58. 
 
 Court or judge may order payment of fixed sum for 
 costs. 
 
 The court or a judge may direct a fixed sum for costs to 
 be paid in lieu of directing the payment of costs to be 
 taxed. 
 
 This rule is followed frequently in interlocutory applications. In these 
 applications it has baen the practice to specify in the orders the amount 
 to be paid as costs, instead of directing such costs to be taxed. But an 
 order or judgment dealing with the general costs of an appeal always 
 leaves the amount to be taxed. 
 
 RULE 59. 
 
 This Rule, which provided for the manner in which payment of costs 
 might be enforced, has been repealed by vjeneral Order 85. The Rule 
 read as follows : " The payment of costs, if so ordered, may be enforced 
 by process of execution in the same manner and by means of the same 
 writs and according to the same practise as may be in use from time to 
 time in the Exchequer Court of Canada." 
 
 It is provided by the Supreme and Exchequer Courts Act, as follows : 
 
 " 105. The process of the Supreme Court shall run throughout Canada, 
 and shall he tested in the name of the chief justice, or in case of a 
 vacancy in the office of chief justice, in tlie name of the senior puisne 
 judge of the court, and shall be directed to the slieriff of any county or 
 other judicial division into which any province is divided ; and the 
 sheriffs of the sair. respective counties or divisions shall be deemed and 
 taken to be fx o[licio officers of the Supreme Court, and shall perform the 
 duties and functions of sheriffs in connection with the said courts; and 
 in any case where the sheriff is dis(iualified, such process shall be directed 
 to any of the coronei's of the county or district."' 38 V., c. 11, ss. 00 A 75. 
 
 " 107. An order in the Supreme Court for payment of money, whether 
 for costs or otherwise, may be enforced by such writs of execution as 
 the court prescribes." 39 V., c. 20, s. 35. 
 
 " 108. No attachment as for contempt shall issue in the Supreme Court 
 for the non-payment of money only." 39 V., c. 26, s. 36. 
 
SUPREME COURT RULES. 105 
 
 These sections, 107 and 108, have been substituted by chapter 16 of 
 50-51 v., sch. A., for original sections. 
 
 In pursuance of section 107, General Order 85 before mentioned has 
 been passed to prescribe the writs which shall be issued out of the 
 Supreme Court, and to regulate the practice in relation thereto, including 
 the fees to be paid to sheriffs. 
 
 Hitherto the court has always refused to issue a writ of execution to 
 nforce payment of costs ordered by any final judgment, but has left par- 
 ties to their remedies in the court below. 
 
 Section 67 of the Supreme and Exchequer Courts Act, provides as 
 follows : 
 
 " 67. The judgment of the Supreme Court in appeal shall be certified by 
 the registrar of the court to the proper officer of the court of original 
 jurisdiction, who shall thereupon make all proper and necessary entries 
 thereof; and all subsequent proceedings may be taken thereupon, as if 
 the judgment had been given or pronounced in the said last mentioned 
 court." 38 v., c. 11, s. 46. 
 
 But the court will direct the issue of the necessary writs to enforce 
 payment of interlocutory costs. 
 
 RULE 6o. 
 
 This Rule has also been repealed by General Order 85, which deals 
 with the subject matter of the rule, the punishment of contempts. The 
 rule I'ead as follows : " Contempts incurred by reasori of non-compli- 
 ance with any order of the court other than order for payment of money, 
 may be punished in the same manner and by means of the same process 
 and writs, and according to the same practice as may be in use from 
 time to time in the Exchequer Court of Canada." 
 
 As we have seen, by section 108 of the Supreme and Exchequer Courts 
 Act, it is provided that " no attachment as for contcmpL f«haU issue in 
 the Supreme Court for the non-payment of money only." General 
 Order 85 provides for other cases. 
 
136 SUPREME COURT RULES. 
 
 CROSS APPEALS. 
 
 RULE 6i. 
 
 Cross appeals. 
 
 It shall not under any circumstances be necessary for a 
 respondent to give notice of motion by way of cross appeal, 
 but if a respondent intends upon the hearing of an appeal 
 to contend that the decision of the court below should be 
 varied, he shall, within the time specified in the next rule, 
 or such time as may be prescribed by the special order of a 
 judge, give notice of such intention to any parties who may 
 be affected by such contention. The omission to give such 
 notice shall not in any way interfere with the power of the 
 court on the hearing of an appeal to treat the whole case 
 as open, but may, in the discretion of the court, be ground 
 for an adjournment of the appeal, or for a special order as 
 to costs. 
 
 The wording of this rule is aubstantially the same as that of order 58, 
 rule (5, of tlie Supreme Court, 1883, (English). See Annual Practice, 
 1887-8, page 700 and notes, page 707. 
 
 The giving " notice of motion by way of cross appeal," would not be a 
 procedure applicable in the Supreme Court of Canada, where an appeal 
 is not initiated by a notice of motion, as it is to the Court of Appeal in 
 England. Order 58, rule 1, of the Supreme Court (English) says, " All 
 appeals to the Court of Appeal shall be by way of rehearing, and shall 
 be brought by notice of motion in a summary way, and no petition, case 
 or other formal proceeding other than such notice of motion shall be 
 necessary." 
 
 Rule 16 of the Court of Appeal for Ontario, the procedure in which 
 court is substantially the same as in the Supreme Court of Canada, says : 
 " A cross appeal shall not under any circumstances be necessary, but if 
 a respondent intends upon the hearing to contend that the decision 
 should be varied, he shall, with his reasons against the appeal, give notice 
 of such contention to any parties who may be affected by such conten- 
 tion, and such notice shall concisely state the grounds of such contention 
 in the same manner as reasons of appeal are stated. The omission to 
 
SUPREME COURT RULES. 137 
 
 give such notice shall not diminish the powers conferred by the Act 
 upon the Court of Appeal, but may, in the discretion of the court, be 
 fjround for the adjournment of the appeal or for a special order as to 
 costs," 
 
 The practice under Rule fil would seem, to some extent at least, to 
 differ from the practice of the Judicial Committee as to cross appeals, 
 and resemble rather the practice of the Court of Appeal in Ilngland. But 
 where the rule may not be applicable, reference will still have to be 
 made to the procedure of tlie Judicial Committee (see section ;J9 of the 
 Supreme and Jixchequer Courts Act,) which is concisely stated in 
 Lattey's Handy Book on Privy Council Practice as follows, page 58 : 
 
 " Each party who feels aggrieved by a decree, should appeal from that 
 portion he complains of. It often happens that both plaintiff and defen- 
 dant in the court below appeal from the same decree, in which case 
 there are cross appeals. When there are cross appeals an order is 
 usually made to consolidate them. The application for an order to con- 
 solidate two appeals can be made by either party at any time, and must 
 be on petition to Her Majesty, and has to be moved by counsel. This 
 order is only made when the same parties who are appellants in one case 
 are respo^idents in the other, and ince versa." See also Macpherson's Privy 
 Council Practice, pages 1)1-93. See also Hiddinfih v. Dempsea, VI Appeal 
 Cases, 107. 
 
 The Judicial Committee by the order of consolidation, will, if neces- 
 sary, protect a cross appellant against being prejudiced by the with- 
 drawal of the appeal by the appellant, or by the dismissal of the appeal 
 of the latter for want of prosecution, by giving liberty to prosecute the 
 cross appeal in such an event as a separate cause. See Macpherson 
 page 93. 
 
 Under the English Court of Appeal Practice, where an appellant with- 
 draws his appeal, a respondent who has given notice under the rule is 
 entitled to elect vi^hether he will continue or withdraw it. The Beeswing, 
 10 P. D. 18 and Mason v. Cattley, Law Notes, 1885, page 15. 
 
 The rule does not apply to a respondent who seeks to have an order 
 varied on a point in which the appellant has no interest, but he must 
 give a notice of appeal. In re Cavauder, 16 C. D. 270. 
 
 Where both an appeal and a cross-appeal were dismissed, the appellants 
 were ordered to pay the costs after deducting such as had been occasioned 
 by the notice given by the respondent. The Lauretta, 4 P. D. 25. And 
 where one of the respondents gave a cross-notice, affecting his co-respond- 
 ent, the costs were apportioned ; Harrison v. Cornwall Minerals Railway 
 
138 srPKEMr: court rules. 
 
 Co., 18 C. D. 3-10, But where the costs cannot have been materially 
 increased by the notice, they ought not to be apportioned ; Robinson v. 
 Drake, 23 C. D. 98. 
 
 In the Supreme Court of Canada it was held where a respondent who 
 had given notice of cross-appeal moved for leave to proceed with the cross- 
 appeal notwithstanding that the original case had not been tiled in time 
 to be proceeded with at the then session, that if the cross-appellant 
 desired to proceed with his cross-appeal he should have himself filed the 
 original case ; Dig. S. C. D,, p. 389, No. 48. But if an appellant chooses 
 to avail himself of his light to discontinue his appeal under section 51 of 
 the Supreme and Exchequer Courts Act, what would be the position of a 
 respondent who, intending to rely on the mode of procedure provided by 
 rule Gl, has failed to take a substantive appeal ? He may not have even 
 given the notice, for that, by rule 62, may be only a fifteen days' notice. 
 It would seem safer where the respondent is greatly interested in having 
 a variation of the judgment of the court below and not certain that the 
 appellant will prosecute his appeal, to give notice of appeal and security, 
 and then apply to consolidate the two appeals, following the practice of 
 the Judicial Committee. 
 
 In Pilon v. lirunnet, 5 Can. S. C. R. 319, a motion to quash an appeal 
 on the ground that it should not have been brought as a substantive 
 appeal, but as a cross-appeal was dismissed. But the respondent although 
 successful in getting the judgment varied was allowed only the costs of a 
 cross-appeal taken under rule 01. 
 
 In the court of appeal for Ontario, where one of two defendants, both 
 of wliom had given notice of appeal and who joined in the appeal bond, 
 gave notice of discontinuance, an objection on the part of the plaintiff 
 who had given notice of cross-appeal to the prosecution of the appeal by 
 the other defendant was overruled. See Arscott v. LiUeij, 14 Out. App. 
 R. 28u. 
 
 In Htephens v. Chums^e, an action brought to recover damages for death 
 caused by negligence, the Court of Queen's Bench for Lower Canada 
 (appeal side) reduced the amount of the verdict. On the hearing in 
 appeal before the Supreme Court counsel for respondent contended that 
 the original verdict should be restored. But it was held that this could 
 not be done, there being no crosa-appeal. 2nd March, 1888. 
 
 In City of Montreal v. Labelle, also an action brought to recover damages 
 for death caused by negligence, a sum was awarded by the court below to 
 plaintiffs by way of solatium. Counsel for respondent urged upon 
 the Supreme Court at the hearing, that even if this were illegal, as the 
 
SUPREME COURT RULES. 139 
 
 court intimated it was, being contrary to the law as laid down by the 
 court in C. P. li. v. Robinson, 14 Can. S. C. R. 105, yet it was competent to 
 the court to give the judgment which the court below ought to have given, 
 and to award substantial damages other than for a solatium. But held, 
 that if tlie respondent wished to urge such a contention he should have 
 given notice by way of cross-appeal. 14th June, 1888. 
 
 RULE 62. 
 
 [As amended by Rule 80.] 
 
 Notice to be given. 
 
 Subject to any special order which may be made, notice 
 by a respondent under the last preceding rule shall be 
 [15 days'J notice. 
 
 By Rule 61, the notice may be given within the time specified in this 
 rule, " or such time as may be prescribed by the special order of a 
 judge." 
 
 RULE 63. 
 
 [As amended by Rule 80.] 
 
 Factum in cross appeals. 
 
 A respondent who gives a notice, pursuant to the two 
 last preceding rules shall, before or within two days after 
 he has served such notice, deposit a printed fuctum ov 
 points for argument in appeal with the registrar as herein- 
 before provided as regards the principal appeal, and the 
 parties upon whom such notice has been served shall within 
 [one week] after service thereof upon them, deposit their 
 printed yacfu?rt or points with the registrar, and such facliim 
 or points shall be interchanged between the parties as 
 hereinbefore provided as to the principal appeal. 
 
 See Rules 23, 24, 25, 29 & 30, 
 
140 SUPREME COUUT RULES. 
 
 TEANSLATIONS. 
 RULE 64. 
 
 Translation of factum. 
 
 Any judge may require that the factum or points for 
 argument in appeal of any party shall be translated into 
 the language with which such judge is most familiar, and 
 in that case the judge shall direct the registrar to cause the 
 same to be translated, and shall fix the number of copies 
 of the translation to be printed, and the time within which 
 the same shall be deposited with the registrar, and the 
 party depositing such factum shall thereupon cause the 
 same forthwith to be printed at his own expense and such 
 party shall not be deemed to have deposited his factum 
 until the required number of the printed copies of the 
 translation shall have been deposited with the registrar. 
 
 RULE 65. 
 
 Translation of judgments and opinions of judges of 
 court below. 
 
 Any judge may also require the registrar to cause the 
 judgments and opinions of the judges in the court below 
 to be translated, and in that case the judge shall fix the 
 number of copies of the translation to be printed and the 
 time within which they shall be deposited with the registrar, 
 and such translation shall thereupon be printed at the 
 expense of the appellant. 
 
 RULE 66. 
 
 Payment of money into court. 
 
 Any party directed by an order of the court or a judge to 
 pay money into court must apply at the office of the regis- 
 
SUPREME COURT RULES. 141 
 
 trar for a direction so to do, which direction must be taken 
 to the Ottawa branch or agency of the Bank of Montreal, 
 and the money there paid to the credit of the cause or 
 matter, and after payment the receipt obtained from the 
 bank must be filed at the registrar's office. 
 
 RULE 67. 
 
 Payment of money out of court. 
 
 If money is to be paid out of court, an order of the court 
 or a judge must be obtained for that purpose, upon notice 
 to the opposite party. 
 
 RULE 68. 
 How made. 
 
 Money ordered to be paid out of court is to be so paid 
 upon the cheque of the registrar, countersigned by a judge. 
 
 RULE 69. 
 
 Formal objections. 
 
 No proceeding in the said court shall be defeated by any 
 formal objection. 
 
 Section 95 of the Supreme and Exchequer Courts Act, provides that : 
 
 " No informality in the heading or other formal requisites of any 
 affidavit, declaration or affirmation, made or taken before any person 
 under any provision of this or any other Act, shall be an objection to its 
 reception in evidence in the Supreme Court or the Exchequer Court, if 
 the court or judge before whom it is tendered thinks proper to receive it ; 
 and if the same is actually sworn to, declared or affirmed by the person 
 making the same before any person duly authorized thereto, and is 
 received in evidence, no such informality shall be set up to defeat an 
 indictment for perjury." 
 
142 SUPREME COURT RL L,E8. 
 
 RULE 70. 
 
 Extending or abridging cine. 
 
 In any appeal or other proceeding the court or a judge 
 may enlarge or abridge the time for doing any act, or 
 taking any proceeding, upon such (if any) terms as the 
 justice of the case may require. 
 
 Substantially the same aa the first part of English Order CA, Rule 7, 
 which, however, says further, "and any such enlargement may be 
 ordered although the application for the same is not made until after the 
 expiration of the time appointed or allowed." Rule 70 has been frequently 
 acted upon aiid applications entertained after the expiration of the time 
 appointed or allowed. 
 
 The time for doing certain acts cannot be extended or abridged by con- 
 sent, such as the time within which the case must be filed, or case 
 inscribed, under Rule 31, or the time within which the factums must be 
 deposited under Rule 23. See Rule 42 and notes. 
 
 The rule only applies where a limited time is fixed for something to be 
 done, and not where it is ordered that some one act must be done before 
 another ; Pitcher v. Hinds, 11 C. D. 905. 
 
 For cases showing grounds on which applications for enlargement of 
 time may be granted or refused, see Annual Practice, 1887-8, pages 744- 
 745, and Wilson's Judicature Acts, 6th Ed. page 469. See also notes to 
 similar rule in McLellan's Judicature Acts, page 554 & 555 ; also Ibid. 
 notes to Rule 317, c, page 432; also Langdon v, Robinson, 12 Ont. 
 Pr. R. 139: \Ee Gabourie, 12 Ont. Pr. R. 252 : Piatt v. G. T. R., 12 Ont. 
 Pr. R. 380 : see also notes to section 42 Supreme and Exchequer Courts 
 Act, ante, p. 32. 
 
 RULE 71. 
 
 Registrar to keep necessary books. 
 
 The registrar is to keep in his office all appropriate books 
 for recording the proceedings in all suits and matters in 
 the said Supreme Court. 
 
SUPREME COURT RULES. 143 
 
 RULE 72. 
 
 Computation of time. 
 
 In all cases in which any particular number of clays not 
 expressed to be clear clays, is prescribed by the foregoing 
 rules, the same shall be reckoned exclusively of the first 
 day and inclusively of the last day, unless such last day 
 shall happen to fall on a Sunday, or a day appointed by 
 the Governor-General for a public fast or thanksgiving, or 
 any other legal holiday or non-juridicial day, as provided by 
 the statutes of the Dominion of Canada. 
 
 Days are clear days when expressed to be " at least " a certain number 
 of days ; Retj. v. Shropshire Justices, 8 A. & E. 173 : Fisher's Digest, 
 8323 : Webster v. Lees, 3 C. L. T. 504 : Eumohr v. iMarx, 18 C. L. J. 
 444, 19 C. L. J. 10, 3 C. L. T. 31. 
 
 In all cases expressed to be clear days, or where the term " at least " 
 is added, both days are to be excluded. 
 
 The word " forthwith " in statutes and rules o* court must be con- 
 strued with reference to the objects of the provision and the circum- 
 stances of the case : Ex parte Lamb, 19 C. I). 169. 
 
 The word " month " it is submitted, when used in the rules, means a 
 calendar month, although there is no interpretation of the word in the 
 rules themselves. By section 109 of the Supreme and Exchequer Courts 
 Act, the rules, when not inconsistent with the express provisions of the 
 Act, are to have force and effect as if enacted therein ; and by section 7 of 
 the Interpretation Act, paragraph 25, the expression " month " means a 
 calendar month in every Act of the Parliament of Canada, unless the 
 context otherwise requires. 
 
 A calendar month when not exactly coterminous with a given calendar 
 month is from the day of the commencement, reckoning that day, to and 
 inclusive of the day in the succeeding month immediately preceding the 
 day corresponding to the day of the commencement ; Migotti v. Golvill, 
 4 C. P. D. 233 : Freeman v. Read, 11 W. R. 802 : Wright v. Leys, 10 Ont. 
 Pr. R. 354. 
 
 By the Interpretation Act, paragraph 26, the exprefsion " holiday " 
 includes Sundays, New Year's Day, the Epiphany, the Annunciation, 
 
144 SUPREME COURT RULES. 
 
 Good Friday, the Ascension, Corpus Christi, St. Peter and St. Paul's Day, 
 All Saints Day, Conception Day, Easter Monday, Ash Wednesday, Christ- 
 mas Day, the birthday or the day fixed by proclannation for the celebra- 
 tion of the birthday of the reif ning sovereign, Dominion Day, and any day 
 appointed by proclamation for a general fast or thanksgiving. 
 
 And by paragraph 27 : " If the time limited by any Act for any pro- 
 ceeding, or the doing of any thing under its provisions, expires or falls 
 upon a holiday, the time so limited shall be extended to, and such 
 thing may be done, on the day next following which is not a holiday." 
 
 RULE 73. 
 
 Adjournment if no quorum. 
 
 If it happens at any time that the number of judges 
 necessary to constitute a quorum for the transaction of the 
 business to be brought before the court is not present, the 
 judge or judges then present may adjourn the sittings of 
 the court to the next or some other day, and so on from 
 day t Jay until a quorum shall be present. 
 
 See section 19 of the Supreme and Exchequer Courts Act, ante p. 9. 
 
 VACATIONS. 
 
 RULE 74. 
 
 Christmas vacation. 
 
 There shall be a vacation at Christmas, commencing on 
 the 15th of December and ending on the 10th of January. 
 
 RULE 75. 
 Long vacation. 
 
 The long vacation shall comprise the months of July 
 and August. 
 
 Chambers are not held in vacation: see Rule 83; and only appli- 
 cations of urgency should be made ; Dig. S. C, D., p. 418, No. 116. Where 
 judgment was pronounced on the 30th June and security given on the 
 3rd July, and no steps taken to further prosecute the appeal till the 17th 
 
SUPREME COURT RULES. 145 
 
 September followinj^, the appellant's solicitor beint; under the impression 
 that the time of vacation did not count, a motion to dismiss for want of 
 prosecution was refused without costs, and further time given to appel- 
 lant, up to the 10th October then next. Herbert v. Donovan, Dig. S. C. D., 
 p. 418, No. 117. 
 
 The Registrar has held that the time of vacation does not count in 
 estimating the time within which the case has to be filed pursuant to 
 Rule 5. 
 
 In vacation the registrar's office is open from 11 o'clock in the forenoon 
 to 1*2 o'clock noon every juridical day. 
 
 RULE 76. 
 Interpretation. 
 
 In the preceding rules the term "a judge" means any 
 judge of the said Supreme Court transacting business out 
 of court. 
 
 By virtue of Rule 83, the term would include the registrar sitting iu 
 chambers for the transaction of business under that rule. 
 
 RULE 77. 
 Interpretation. 
 
 In the preceding rules the following words have the 
 several meanings hereby assigned to them over and above 
 their several ordinary meanings, unless there be something 
 in tbo subject or context repugnant to such construction, 
 that is to sav : 
 
 (1) Words importing the singular number include the 
 
 plural number, and words importing the plural 
 number include the singular number 
 
 (2) Words importing the masculine gender include 
 
 females. 
 (8) The word "party" or " parties " includes a body 
 politic or corporate, and also Her IMtijesty the 
 Queen and Her Majesty's Attorney-General. 
 
 (4) The word " affidavit " includes affirmation. 
 
 (5) The words "the Act" mean "The Supreme and 
 
 Exchequer Courts Aety 
 
 C.8.E.C. 10 
 
146 SUPREME COURT RULES. 
 
 SCHEDULE A. 
 
 NOTICE CALLING SPECIAL SESSION. 
 
 Dominion of i 
 Canada. ) 
 
 The Supreme Court will hold a special session at the 
 city of Ottawa on the day of , 18 
 
 for the purpose of hearing causes and disposing of such 
 other husiness as may he brought bef'^ve the court (or for 
 the purpose of hearing election appeals, criminal appeals, 
 or appeals in cases of habeas corpus, or for the purpose of 
 giving judgments only, as the case may be.) 
 
 By order of the Chief Justice, or by order of Mr. Justice 
 
 (Signed) 11. C. 
 
 Hegistrar. 
 Dated this day of , 18 
 
 SCHEDULE B. 
 
 FORM OF NOTICE OF HEARING APPEAL. 
 
 In the Supreme Court i 
 of Canada. J 
 
 J. A., appellant, r. A. B., respondent. Take notice that 
 this appeal will be heard at the next session of tlie Court, 
 to be held at the city of Ottawa on the day of 
 
 ' 18 
 
 To , appellant's solicitor or attorney, or appel- 
 
 lant in person. 
 
 Dated this day of , 18 
 
SUPREME COURT RULES. ; 147 
 
 SCHEDULE C. - ->■ v 
 
 TARIFF OF FEES TO BE PAID TO THE REGISTRAR OF 
 THE SUPREME COURT OF CANADA. 
 
 [As substituted by General Order 84 for the original schedule.] 
 
 On entering every appeal $10 CO 
 
 On entering every judgment, decree or order in 
 
 the nature of a final judgment 10 00 
 
 On entering every other judgment, decree or order 2 00 
 
 On filing every document or paper 10 
 
 Every search 26 
 
 Every appointment 60 
 
 Every enlargement of any appointment, or on 
 
 application in Chambers 60 
 
 The foregoing items are not to apply to crim- 
 inal appeals or appeals in matters of habeas 
 corpus arising out of a criminal charge. 
 
 On sealing every writ (besides filings) , 2 00 
 
 Amending every document, writ or other paper... 50 
 
 Taxing every bill of costs (besides filings) 1 00 
 
 pj very allocatur 1 00 
 
 Every fiat 50 
 
 Every reference, inquiry, examination or other 
 special matter referred to the registrar, for 
 
 every meeting not exceeding one hour L 00 
 
 Every additional hour or less 1 00 
 
 For every report made by the registrar upon such 
 
 reference, etc 1 00 
 
 '/pen payment of money into court, or deposited 
 
 with the registrar, every sum under $200.00 1 00 
 A percentage on money over $200.00 paid in at 
 the rate of one per cent. 
 
148 SUPREME COURT RULES, " , 
 
 Receipt for money $ 25 
 
 Comparing, examining and certifying transcript 
 
 record on appeal to the Privy Council 10 OQ 
 
 Comparing any other document, paper or proceed- , . ; 
 
 ing with the original on file or deposit in the 
 
 registrar's office, per folio 2| 
 
 Every other certificate required from registrar ... 1 00 
 Copy of any document, paper or proceeding or 
 
 any extract therefrom, per folio 10 
 
 Every affidavit, affirmation or oath administered 
 
 by registrar 25 
 
 Every commission or order for examination of 
 
 witnesses... 1 50 
 
 AH fees payable to the registrar are to be paid in stamps. See section 
 111, Supreme and Exchequer Courts Act, and Kule 56. 
 
 SCHEDULE D. 
 
 Referred to in Rule 57 of the Supreme Court of Canada. 
 
 See Rule 57 and notes. 
 
 .TARIFF OF FEES. 
 
 To be taxed between party and party in the Supreme 
 Court of Canada : 
 
 On special case required by section 29 [now 
 section 44 1 of the Act when prepared and 
 agreed upon by the parties lo the cause, 
 including attendance on the judge to fiettle 
 the same, if necessary, to each party $26 00 
 
SUPREME COURT KULKS. 149 
 
 Notice of appeal $4 00 
 
 On consent to appeal directly to the Supreme 
 
 Court from the court of original jurisdiction. 3 00 
 
 s 
 See section 2(5. sub-section 2, ante p. 18. 
 
 Notice of giving security 2 00 
 
 Attendance on giving security 3 00 
 
 On motion to quash proceedings under section 37 
 [now section 59i according to the discretion 
 of the registrar to 25 00 
 
 Subject to be increased by order of the court or of 
 
 a judge 
 
 On factums in the discretion of the registrar to... 50 00 
 
 Subject to be increased by order of the court or a 
 judge 
 
 [For engrossing for printer copy of case as settled, 
 when such engrossed copy is necessarily and 
 properly required, per folio of 100 words ... 10 
 
 For correcting and superintending printing, per 
 
 100 words 05] 
 
 Amendment to the tariff by Rule 81. 
 
 On dismissal of appeal if case be not proceeded 
 
 with, in the discretion of the registrar to 25 00 
 
 Subject to be increased by order of the court or a 
 judge 
 
 Suggestions under sections 42, 43 & 44 [now 54, 
 
 55 & 56J including copy and service 2 50 
 
 Notice of intention to continue proceedings under 
 
 section 45 [now section 57] 4 00 
 
 On depositing money under section 48 [now 
 section 51 of the Dominion Controverted 
 Elections Actl in controverted election cases 2 50 
 
150 SUPREME COURT RULB8. 
 
 Notice of appeal in election cases limiting the 
 appeal to special and defined questions under 
 section 48 [now section 51 of the Dominion 
 Controverted Elections Act] 6 00 
 
 Allowance to cover all fees to attorney and counsel 
 for the hearing of the appeal, in the discretion 
 of the registrar to 200 00 
 
 Subject to be increased by order of the court or a 
 judge 
 
 On prlnt'ing factuins, the same fees as in printing 
 the case. 
 
 Besides the registrar's fees, reasonable charges for 
 postages and disbursements necessarily in- 
 curred in proceedings in appeal will be taxed 
 by the taxing officer. 
 
 [Allowance to the duly entered agent in any appeal, 
 
 in the discretion of the registrar, to 20 00] 
 
 Addition to tariff by Rule 82. 
 
 For forms of bills of costs, see post, Appendix VII. 
 
 RULE 78. 
 Amendment to Rule 52. 
 
 It is ordered that the words " tlurtij cents for each folio of 
 one hundred words in the record, so printed,'' in the General 
 Kule No. 52 of the 7th of i^'ebruary, 1870, be struck ouii 
 and cancelled, and that in substitution therefor there be 
 read the following words, " Iris due proportion of the costs 
 of printinfi the same, such proportion to he fixed by the regis- 
 trar, and the amount so paid shall he returned by the registrar 
 to the appellant.'' 
 
 See Rule 52. 
 
 RULE 79. 
 Provision for acting registrar. 
 
 It is ordered that during the absence from the city of 
 Ottawa, of Robert Cassels, jr., Esq., the registrar of this 
 
SUPREME COURT RULES. 
 
 court, or until further order, the functions and duties of 
 the said registrar, including the taxation of costs, be per- 
 formed by George Duval, Esq., the precis writer of this 
 court. 
 
 RULE 80. 
 
 Amendments to certain rules. 
 
 It is ordered : 
 
 1. That rule elecen be and the same is |hereby amended 
 by striking out the word "immediately" at the beginning 
 of such rule. 
 
 2. That rule fourteen be and the same is hereby 
 amended by striking out the words "one montli "therein 
 contained, and by inserting in lieu thereof the words 
 "fifteen days." 
 
 3. That rule Ji/teen be and the same is hereby amended 
 by inserting after the words " and mailing,'" where they 
 occur in such rule, the words " on the same day,'' and by 
 striking out the words " in siiflicient time to reacli him in 
 due course of mail before the time required for service.'^ 
 
 4. That rule tn-cnty-thrce be and the same is hereby 
 amended by striking out the words "one month " at the 
 beginning of said rule, and by inserting in lieu thereof the 
 words " fifteen days." 
 
 5. That rule thirty-one bo and the same is hereby 
 amended by striking out the words " one month," where 
 they occur in said rule, and by inserting in lieu thereof 
 the words "fourteen days " ; and by adding at the end of 
 said rule the words *' but no appeal shall be so inscribed 
 which shall not have been filed twenty clear days before said 
 first day of said session, withuat the leave of the court or a 
 judge.'* 
 
162 SUPUKMK COUJIT UULKS. 
 
 6. That rule sixti/-tin> be and the same is hereby 
 amended by striking out the words "one »/o»//i's" and by 
 inserting in lieu thereof the words "'fifteen d<iys\'' 
 
 7. That rule sixty-three be and the same is hereby 
 amended by striking out the words '' tiro weeks'' where 
 they occur in said rule, and by inserting in lieu thereof 
 the words " one ireek." 
 
 RULE 8i. 
 
 Amendments to tariff of fees. 
 
 It is hereby ordered that Schedule D annexed to the 
 rules of the Supreme Court of Canada be amended as 
 follows : — 
 
 Instead of the item: "Printed case, per folio of 100 
 words, including correcting, superintending printing and 
 all necessary attendances, 30 cts.," the following allowances 
 shall be taxed by the registrar : — 
 
 "For engrossing for printer, copy of case as settled, 
 when such engrossed copy is necessarily and properly 
 required, per folio of 100 words, 10 cts. 
 
 " For correcting and superintending printing, per 100 
 words, 5 cts." 
 
 RULE 82. 
 Allowance to agents. 
 
 It is hereby ordered, that an allowance shall be taxed by 
 the registrar to the duly entered agent in any appeal, in 
 the discretion of the registrar, to $20. 
 
 See Rule 1(5 and notes for the duties of an agent. 
 
 GENERAL ORDER 83. 
 Jurisdiction of registrar in chambers. 
 
 Whereas by " The Supreme and Exchequer Courts Act," 
 section 109, as amended by chapter 16 of the Act passed 
 
SUPREME COURT RULES. 163 
 
 in the 5l8t year of Her Majesty's reign intituled " An Act 
 to amend * The Supreme and Exchequer Courts Act,' and 
 to make better provision for the trial of claims against the 
 crown," it is provided that the judges of the Supreme 
 Court, or any five of them, may, from time to time, make 
 general rules and orders for certain purposes therein men- 
 tioned, and among others for empowering the registrar to do 
 any such thing, and to transact any such business, and to 
 exercise any such authority and jurisdiction in respect of 
 the same, as by virtue of any statute or custom, or by the 
 practice of the court, was at the time of the last mentioned 
 Act, or might be thereafter, done, transacted, or exercised 
 by a judge of the court sitting in chambers, and as might 
 be specified in such rule or order. It is therefore 
 ordered : — 
 
 1. That the Registrar of the Supreme Court of Canaxla be 
 
 and is hereby empowered and required to do any such 
 thing, and to transact any such business, and to exer- 
 cise any such authority and jurisdiction in respect of 
 the same, as by virtue of any statute or custom, or by 
 the practice of the court, was at the time of the passing 
 of the said last mentioned Act, and is now, or may be 
 hereafter, done, transacted, or exercised by a judge of 
 the said court sitting in chambers, except in matters 
 relating to : — 
 
 (a.) Granting writs of hahem corj>as and adjudicating 
 upon the return thereof. 
 
 (b.) Granting writs of certiorari. 
 
 2. In case any matter shall appear to the said registrar to 
 
 be proper for the decision of a judge, the registrar 
 may refer the same to a judge, and the judge may 
 either dispose of the matter, or refer the same back 
 to the registrar with such directions as he may think 
 fit. 
 
154 SUPREME COURT RULES. 
 
 3. Every order or decision made or given by the said reg- 
 
 istrar sitting in chambers shall be as valid and binding 
 on all parties concerned, as if the same had been made 
 or given by a judge sitting in chambers. 
 
 4. All orders made by the registrar sitting in chambers 
 
 are to be signed by the registrar. 
 
 6. Any person affected by any order or decision of the 
 registrar may appeal therefrom to a judge of the 
 Supreme Court in Chambers. 
 
 (a) Such appeal shall be by motion on notice setting 
 forth the grounds of objection and served within four days 
 after the decision complained of, and two clear days before 
 the day fixed for hearing the same, or served within such 
 other time as may be allowed by a judge of the said court 
 or the registrar. 
 
 {b) The motion shall be made on the Monday appointed 
 by the notice of motion, which shall be the first Monday 
 after the expiry of the delays provided for by the foregoing 
 sub-section, or so soon thereafter as the same can be heard 
 by a judge, and shall be set down not later than the 
 preceding Saturday in a book kept for that purpose in the 
 ioi;i8t»';ii"s ofliee. , 
 
 o 
 
 6. For the transaction of business under these rules, the 
 registrar, unless absent from the city, or prevented by 
 illness or other necessary cause, shall sit every juridical 
 day, except during the vacations of the court, at 11 
 a.m., or such other hour as he may specify from time 
 to time by notice posted in his oifice. 
 
 October, 17th, 1887. 
 
SUPREME COURT RULES. 155 
 
 GENERAL ORDER No. 84. . . 
 
 Tariff of fees to be paid registrar. 
 
 It is hereby ordered that Schedule C, referred to in llule 
 56, being the Tariff of Fees to be paid to the registrar by 
 stamps, be and the same is repealed and the following 
 substituted therefor : — 
 
 Here follows schedule C as found on page 147. 
 
 GENERAL ORDER No. 85. 
 
 Writs to be issued out of Supreme Court— Practice 
 relating thereto— Tariff of fees to sheriffs. 
 
 Whereas by section 107 of the Supreme and Exchequer 
 Courts Act, as substituted for the original section of such 
 Act by Schedule A of chapter 16 of the Act passed in the 
 fifty-first year of Her Majesty's reign, intituled : " An Act 
 to amend ' The Supreme and Exchequer Courts Act ' and 
 to make better provision for the trial of claims against the 
 Crown," it is provided that "an order in the Supreme 
 Court for payment of money, whether for costs or other- 
 wise, may be enforced by such writs of execution as the 
 Court prescribes." 
 
 And whereas it is desirable to make rules prescribing the 
 writs which shall be isaued out of the said Court from time 
 to time and regulating the practice in relation thereto : 
 
 It is therefore ordered : — 
 
 1. A judgment or order for the payment of money 
 against any party to an appeal other than the Crown may 
 be enforced by writs of fieri facias against goods and Jieri 
 facias against land. 
 
 2. A judgment or order requiring any person to do any 
 act other than the payment of money or to abstain from 
 
156 SUPREME COURT RULES. 
 
 doing anything may be enforced by writ of attachment or 
 by committal. 
 
 3. Writs of fieri facias against goods and lands shall be 
 executed according to the exigency thereof, and may be in 
 the following form : — 
 
 Canada, ) 
 
 p • , |-In the Supreme Court of Canada. 
 
 Between : 
 A. B., (Plaintiff, or as the case may be) Appellant. 
 
 AND 
 
 C. D., (Defendant, or as the case may be) Respondent. 
 
 Victoria, by the grace of God, of the United Kingdom of 
 Great Britain and Ireland, Queen, Defender of the 
 Faith : 
 
 To the Sheriff of , Greeting .• 
 
 We command you that cf the goods and chattels of C. D., 
 in your bailiwick, you cause to be made the sum of 
 and also interest thereon at the rate of six per centum per 
 annum, from the day of [day of 
 
 Judgme7it or order, or day on which money directed to be 
 paid, or day from tvhich interest is directed by the order to run, 
 as the case may be] , which said sum of money and interest 
 were lately before us in our Supreme Court of Canada, in 
 a certain action [or certain actions, as the case may he] , 
 wherein A. B. is plaintiff and appellant, and C. D. and 
 others are defendants and respondents [or in a certain 
 matter there depending, intituled, " In the matter of 
 
SUPREME COURT RULES. 157 
 
 E. F.," as the case may be] , by a judgment [or order, 
 as the case may be] , of our said court, bearing date 
 the day of , adjudged [or ordered, 
 
 ^(8 the case may be] , to be paid by the said C. D. to 
 A. B., together with certain costs in the said judgment [or 
 order, as the case may be] mentioned, and which costs have 
 been taxed and allowed, by the taxing officer of our court, 
 at the sum of , as appears by the certificate 
 
 of the said taxing officer, dated the day of 
 
 And that of the goods and chattels of the said C. D. in 
 your bailiwick, you further cause to be made the said sum 
 of [costs : , together with interest thereon at the 
 
 rate of per centum per annum, from the 
 
 day of [the date of the certificate of taxation. 
 
 The writ must be so moulded as to follow the substance of the 
 judgment or order] , and that you have that money and 
 interest before us in our said court immediately after the 
 execution hereof, to be paid to the said A. B., in pursuance 
 of the said judgment [or order, as the case may be] , and in 
 what manner you shall have executed this our writ, make 
 appear to us in our said court immediately after the execu- 
 tion thereof, and have there then this writ. 
 
 Witness the Honorable Sir William Johnstone Ritchie, 
 Knight, Chief Justice of our Supreme Court of Canada, at 
 Ottawa, this day of in the year of our Lord, 
 
 one thousand eight hundred and , and in the 
 
 year of our reign. 
 
 4. Upon the return of the sheriff or other officer, as the 
 case may be, of ** lands or goods on hand for want of 
 buyers " a writ of venditioni exponas may issue to compel 
 the sale of the property seized. Such writ may be in the 
 form following : — 
 
158 supreme court rules. 
 
 Oanada ) 
 
 T) • e r In the Supreme Court of Canada. 
 
 Province of \ . '■ 
 
 Between 
 
 A. B., (Plaintiff, or as tJie case may be) Appellant. 
 
 AND 
 
 C. D., (Defendant, or as the case may be) Kespondent. 
 
 Victoria, etc., {as in the ivrit of fieri facias.) 
 
 To the Sheriff of , Greeting : 
 
 Whereas by our writ we lately commanded you that of the 
 goods and chattels of C. D. [Jiere recite the fieri facias to the 
 end] , and on the day of you returned to 
 
 us, at our Supreme Court of Canada aforesaid, that by 
 virtue of the said writ to you directed, you had taken goods 
 and chattels of the said C. D., to the value of the money 
 and interest aforesaid, which said goods and chattels 
 remained on your hands unsold for the want of buyers. 
 Therefore we being desirous that the said A. B. should be 
 satisfied, his money and interest aforesaid, command you 
 that you expose for sale and sell, or cause to be sold, the 
 goods and chattels of the said C. D., by you, in form afore- 
 said, taken, and every part thereof for the best price that 
 can be gotten for the same, and have the money arising 
 from such sale before us in our said Supreme Court of 
 Canada immediately after the execution hereof, to be paid 
 to the said A. B. and have there then this writ. 
 
 Witness, etc., (conclude as in writ of fieri facias). 
 
 5. In the mode of selling lands and goods and of advertis- 
 ing the same for sale, the sheriff or other officer is, except in 
 80 far as the exigency of the writ otherwise requires, or as 
 is otherwise provided by these orders, to follow the laws of 
 
SUPREME COURT RULES. 159 
 
 his province applicable to the execution of similar writs 
 issuing from the highest court or courts of original juris- 
 diction therein. 
 
 6. A writ of attachnient shall be executed according to 
 the exigency thereof. 
 
 7. No writ of attachment shall be issued without the 
 order of the court or a judge. It may be in the form 
 foil ^wing : 
 
 Victoria, etc., (as in the writ of fieri facias). 
 
 To the Sheriff of Greeting: 
 
 We command you to attach so as to have him 
 
 before us in our Supreme Court of Canada, there to answer 
 to us, as well touching a contempt which he it is alleged 
 hath committed against us, as also such other matters as 
 shall be then and there laid to his charge, and further to 
 perform and abide such order as our said Court shall make 
 in this behalf, and hereof fail not, and bring this writ with 
 you. 
 
 Witness, etc., fas in the writ offlerifai.ia8j. 
 
 8. In these rules the term " writ of execution " shall 
 include writs of fieri facias against goods ar\d against 
 lands, attachment and all subsequent writs that ma-y issue 
 for giving effect thereto. And the term " issuing execution 
 against any party " shall mean the issuing of any such 
 process against his person or property as shall be appli- 
 cable to the case. 
 
 9. All writs shall be prepared in the office of the Attor- 
 ney-General, or by the attorney or solicitor suing out the 
 same, and the name and the address of the attorney or 
 solicitor suing oat the same, and if issued through an 
 agent the name and residence of the agent also, shall be 
 
160 SUPREME COURT RULES. 
 
 endorsed on such writ, an^l every such writ shall before 
 the issuing thereof be sealed at the office of the registrar 
 and a prcecipe therefor shall be left at the said office, and 
 thereupon an entry of issuing such writ, together with the 
 date of sealing and the name of the attorney or solicitor 
 suing out the same, shall be made in a book to be kept in 
 the registrar's office for that purpose, and all writs shall 
 be tested of the day, month and year when issued. A 
 pnecipe for a writ may be in the following form : 
 
 Province of ' I "'^'^ ^^^® Supreme Court of Canada. 
 
 Between 
 A. B., (Plaintiff, or as the ease may be) AppeliHiit. 
 
 AMD 
 
 C. D., (Defendant, or as the case may he) Respondent. 
 
 Seal a writ o\ fieri facias directed to the sheriff of 
 to levy of the goods and chattels of C. D. the 
 
 sum of $ and interest thereon at the rate of $ 
 
 per centum per annum, from the day of 
 
 [and % costs, or as the case may he, according to the 
 
 writ required.] 
 
 Judgment [or orderj dated day of 
 
 [Taxing Master's certificate, dated ] . 
 
 [X. Y., Solicitor for party on whose behalf tvrit is to issue. 
 
 10. No writ of execution shall be issued without the pro- 
 duction to the officer by whom the same shall be issued of 
 the judgment or order upon which the execution is to 
 
SUPRBMB COURT RULES. 161 
 
 issue, or an office copy thereof showing the date of entry. 
 And the officer shall be satisfied that the proper time has 
 elapsed to entitle the judgment creditor to execution, 
 
 11. In every case of execution the party entitled to exe- 
 cution may levy the interest, poundage fees and expenses of 
 execution over and above the sum recovered. 
 
 12. Every writ of execution for the recovery of money 
 shall be endorsed with a direction to the sheriff, or other 
 officer to whom the writ is directed, to levy the money 
 really due and payable and sought to be recovered under 
 the judgment or order, stating the amount, and also to 
 levy interest thereon if sought to be recovered, at the rate 
 of six per cent, per annum, from the time when the judg- 
 ment or order was entered up. 
 
 13. A writ of execution, if unexecuted, shall remp.in in 
 force for one year only from its issue, unless renewed in 
 the manner hereinafter provided ; but such writ may, at 
 any time before its expiration, by leave of the court or a 
 judge, be renewed by the party issuing it for one year from 
 the date of such renewal, and so on from time to time 
 during the continuance of the renewed writ, either by being 
 marked in the margin with a memorandum signed by the 
 registrar or acting registrar of the court, stating the date 
 of the day, month, and year of such renewal, or by such 
 party giving a written notice of renewal to the sheriff, 
 signed by the party or his attorney, and having the like 
 memorandum ; and a writ of execution so renewed shall 
 have effect, and be entitled to priority according to the 
 time of the original delivery thereof. 
 
 14. The production of a writ of execution, or of the 
 notice renewing the same, purporting to be marked with 
 
 C.S.E.C. ^ 11 
 
162 SUPREME COURT RULES. 
 
 the memorandum in the last preceding rule mentioned, 
 showing the same to have been renewed, shall be prima 
 facie evidence of its having been so renewed. 
 
 15. As between the original parties to a judgment or 
 order, execution may issue at any time within six years 
 from the recovery of the judgment or making of the order. 
 
 16. Where six years have elapsed since the judgment or 
 order, or any change has taken place by death or otherwise 
 in the parties entitled or liable to execution, the party 
 alleging himself to be entitled to execution may apply to 
 the court or a judge for leave to issue execution accord- 
 ingly. And the court or judge may, if satisfied that the 
 party so applying is entitled to issue execution, make an 
 order to that effect. And the court or judge may impose 
 such terms as to costs or otherwise as shall seem just. 
 
 17. Any party against whom judgment has been given, 
 or an order made, may apply to the court or a judge for a 
 stay of execution or other relief against such a judgment 
 or order, and the court or judge may give such relief and 
 upon such terms as miiy be just. 
 
 18. Any writ may at any time be amended by order of 
 the court or judge upon such conditions and terms as to 
 costs and otherwise as may be thought j'lst, and any 
 amendment of a writ may be declared by the order autho- 
 rising the same to have relation back to the date of its 
 issue, or to any other date or time. 
 
 19. Sheriffs and coroners shall be entitled to the fees 
 and poundage prescribed by the schedule following : 
 
SUPREME COURT RULES. 163 
 
 SCHEDULE. 
 
 Every warrant to execute any procesjs directed to the 
 
 sheriff, when given to a bailiff $ 75 
 
 Service of process, each defendant (no fee for affida- 
 vit of services in such cases to be allowed unless 
 service made or recognized by the sheriff) 1 50 
 
 Serving other papers beside mileage 75 
 
 For each n/W/fio/ia^ party served 50 
 
 Receiving, filing, entering and endorsing all writs, 
 
 notices or other papers, each '25 
 
 Eeturn of all process and writs (except subpctna) 
 
 notices or other papers 50 
 
 Every search, not being a party to a cause or his 
 
 attorney 30 
 
 Certificate of result of such search, when required 
 (a search for a writ against lands of a party, 
 shall include sales under writ against same 
 party and for the then last six months) 1 00 
 
 Poundage on executions and on writs in the nature of 
 executions where the sum made shall not exceed 
 $1,000, six per cent. 
 
 When the sum is over $1,000 and under $4,000, 
 three per cent., when the sum is $4,000 and 
 over, one and a half per cent., in addition to the 
 poundage allowed up to $1,000, exclusive of 
 mileage, for going to seize and sell ; and except 
 all disbursements necessarily incurred in the 
 care and removal of property. 
 
 Schedule taken on execution or other process, 
 including copy to defendant, not exceeding five 
 folios 1 GO 
 
164 SUPREME COURT RULES. 
 
 Each folio above five $ 10 
 
 Drawing advertisements when required by law to be 
 published in the Official Gazette or other news- 
 paper, or to be posted up in a court house or 
 other place, and transmitting same in each suit 1 60 
 
 Every necessary notice of sale of goods, in each 
 
 suit 75 
 
 Every notice of postponement of sale, in each suit... 25 
 
 The sun^ actually disbursed for advertisements re- 
 quired by law to be inserted in the Official 
 Gazette or other newspaper. 
 
 Bringing up prisoner on attachment or habeas corpus, 
 besides travelling expenses actually disbursed, 
 per diem 6 00 
 
 Actual and necessary mileage from the court house 
 to the place where service of any process, paper 
 or proceeding is made, per mile IS 
 
 Removing or retaining property, reasonable and 
 necessary disbursements and allowances to be 
 made by the registrar. 
 
 Drawing bond to secure goods seized, if prepared by 
 
 sheriff .". 1 50 
 
 Every letter written (including copy) required by 
 party or his attorney respecting writs or pro- 
 cess, when postage prepaid 50 
 
 Drawing every affidavit when necessary and pre- 
 pared by sheriff 25 
 
 For services not hereinbefore provided for, the 
 registrar may tax and allow such fees as in his 
 discretion may be reasonable. 
 
SUPREME COURT RULKS. 165 
 
 CORONERS. 
 
 The same fees shall be taxed and allowed to coro- 
 ners for services rendered by them in the 
 service, execution and return of process, as 
 allowed to sheriffs for the same services as 
 above specified. 
 
 20. Every order of a judge may be enforced in the same 
 manner as an order of the court to the same effect, and it 
 shall in no case be necessary to make a judge's order a 
 rule or order of the court before enforcing the same. 
 
 21. No execution can issue on a judgment or order 
 against the Crown for the payment of money. Where in 
 any appeal there may be a judgment or order against the 
 Crown directing the payment of money for costs, or other- 
 wise, the registrar may, on the application of the party 
 entitled to the money, certify to the Minister of Finance, 
 the tenor and purport of the judgment or order, and such 
 certificate shall be b}' the registrar sent to or left at the 
 office of the Minister of Finance. 
 
 22. Rules 59 and 60 of the Supreme Court of Canada 
 are hereby repealed. 
 
 Ottawa, October 18th, 1888. 
 
PART IV. 
 
 APPENDIX. 
 
CONTENTS OF APPENDIX. 
 
 1. Extracts from the Interpretation Act — Eevised Statutes 
 
 of Canada, Chapter 1. 
 
 2. Extracts from the various statutes relating to the 
 
 Jurisdiction of the Countv Courts of Nova Scotia, 
 New Brunswick,/ British Columbia and Prince 
 Edward Island. 
 
 3. Parts of 50-51 Victoria, Chapter 16, amending the 
 
 Supreme and Exchequer Courts Act. 
 
 4. 51 Victoria, Chapter 37, An Act farther to amend 
 
 " The Supreme and Exchequer Courts Act." 
 
 6. Revised Statutes of Ontario, Chapter 42, respecting 
 the Supreme Court of Canada and the Exchequer 
 Court of Canada. 
 
 6. Extracts from Imperial Statutes and Orders in Council, 
 
 relating to the Practice in Appeals to the Judicial 
 Committee of the Privy Council. 
 
 7. Forms. 
 
I. 
 
 EXTRACTS FROM 
 
 THE REVISED STATUTES OF CANADA 
 
 CHAPTER I. 
 
 An Act respecting the Form and Interpretation of 
 
 Statutes. 
 
 m * « * *r 
 
 INTERPRETATION. 
 
 How enactments shall be construed — To apply to the 
 whole Dominion — Territorial application of Acts 
 amending previous Acts. 
 
 7. In every Act of the Parliament of Canada, unless the 
 context otherwise requires : — 
 
 (1) The enactments apply to the whole of Canada : 
 
 (2) No Act amending a previous Act which does not 
 apply to all the Provinces of Canada, and no enactment in 
 any such amending Act, although of a substantive nature 
 or form, shall apply to any Province to which the amended 
 Act does not apply, unless it is expressly provided that 
 such amending Act or enactment shall apply to such 
 Province or to all the Provinces of Canada : 
 
172 APPENDIX. 
 
 Application of expressions in present tense. 
 
 (3) The law shall be considered as always speaking, and 
 whenever any matter or thing is expressed in the present 
 tense, the same shall be applied to the circumstances as 
 they arise, so that effect may be given to each Act, and 
 every part thereof, according to its spirit, true intent and 
 meaning : 
 
 "Shall" and "may." 
 
 (4) The expression "shall " shall be construed as impera- 
 tive, and the expression " may " as permissive : 
 
 " Herein." 
 
 (5) Whenever the expressioii "herein" is used in any 
 section of an Act, it shs'l be understood to relate to the 
 whole Act, and not to that section only : 
 
 " Her Majesty," etc. 
 
 (6) The expression "Her Majesty," "the Queen," or 
 " the Crown," means Her Majesty, her heirs and success- 
 ors, sovereigns of the United Kingdom of Great Britain and 
 Ireland : 
 
 " Governor," etc. 
 
 (7) The expression " Governor," " Governor of Canada," 
 "Governor General," or "Governor in Chief," means the 
 Governor General for the time being of Canada, or other 
 the chief executive officer or administrator for the time 
 being carrying on the Government of Canada on behalf 
 and in the name of the Queen, by whatever title he is 
 designated : , 
 
 " Governor in Council," etc. 
 
 (8) The expression "Governor in Council," or " Governor 
 General in Council," means the Governor General of 
 
INTERPRETATION ACT. 173 
 
 Canada, or person administering the Government of 
 Canada for the time being, acting by and with the advice 
 of, or by and with the advice and consent of, or in conjunc- 
 tion with, the Queen's Privy Council for Canada ; 
 
 " Lieutenant Governor," etc. 
 
 (9) The expression " Lieutenant Governor " means the 
 Lieutenant Governor for the time being, or other chief 
 executive officer or administrator for the time being, carry- 
 ing on the Government of the Province or Provinces of the 
 Dominion indicated by the Act, by whatever title he is 
 designated : 
 
 " Lieutenant Governor in Council," etc. 
 
 (10) The expression "Lieutenant Governor in Council" 
 means the Lieutenant Governor, or person administering 
 the Government of the Province indicated by the Act, for 
 the time being, acting by and with the advice of, or by and 
 with the advice and consent of, or in conjunction with, the 
 Executive Council of the said Province : 
 
 " United Kingdom." 
 
 (11) The expression "the United Kingdom " means the 
 United Kingdom of Great Britain and Ireland : 
 
 " United States." 
 
 (12) The expression " the United States " means the 
 United States of America : 
 
 " Province." 
 
 (13) The expression "Province" includes the North- 
 West Territories and the Disti'ict of Keewatin : 
 
 " Legislature." 
 
 (14) The expression " Legislature," " Legislative Coun- 
 
174 APPENDIX. 
 
 cil " or " Legislative Assembly," includes the Lieutenant 
 Governor in Council and also the Legislative Assembly of 
 the North-West Territories, and the Lieutenant Governor 
 in Council of the District of Keewatin : 
 
 " Act" 
 
 (15) The expression " Act " as meaning an Act of a Legis- 
 lature, includes an Ordinance of the North-West Territories 
 or the District of Keewatin : 
 
 Names of places, etc. 
 
 (16) The name commonly applied to any country, place, 
 body, corporation, society, officer, functionary, person, 
 party or thing, means such country, place, body, corpora- 
 tion, society, officer, functionary, person, party or thing, 
 although such name is not the formal and extended 
 designation thereof : 
 
 " Proclamation." 
 
 (17) The expression " proclamation " means a proclama- 
 tion under the Great Seal : 
 
 "Great Seal." 
 
 (18) The expression " Great Seal " means the Great Seal 
 of Canada : 
 
 Governor acting by proclamation. 
 
 (19) When the Governor General is authorized to do any 
 act by proclamation, such proclamation is understood to be 
 a proclamation issued under an order of the Governor in 
 Council ; but it shall not be necessary that it be mentioned 
 in the proclamation that it is issued under such order : 
 
 " County." 
 
 (20) The expression "county" includes two or more 
 counties united for purposes to which the enactment 
 relates : 
 
INTERPRETATION ACT. 175 
 
 Number and gender. 
 
 (21) Words importing the singular number or the mascu- 
 line gender only, include more persons, parties or things 
 of the same kind than one, and females as well as males, 
 and the converse : 
 
 " Person." 
 
 (22) The expression " person " includes any body corpor- 
 ate and politic, or party, and the heirs, executors, adminis- 
 trators or other legal representatives of such person, to 
 whom the context can apply according to the law of that 
 part of Canada to which such context extends : 
 
 "Writing," "written." 
 
 (23) The expression " writing," " written," or any term 
 of like import, includes words printed, painted, engraved, 
 lithographed or otherwise traced or copied : 
 
 " Now," or " next." 
 
 (24) The expression " now " or *' next " shall be construed 
 as having reference to the time when the Act was presented 
 for the Eoyal Assent. 
 
 " Month." 
 
 (25) The expression " month " means a calendar month : 
 
 " Holiday." 
 
 (26) The expression " holiday " includes Sundays, New 
 Year's Day, the Epiphany, the Annunciation, Good Friday, 
 the Ascension, Corpus Christi, St. Peter and St. Paul's Day, 
 All Saints' Day, Conception Day, Easter Monday, Ash 
 Wednesday, Christmas Day, the birthday or the day fixed 
 by proclamation for the celebration of the birthday of the 
 reigning sovereign, Dominion Day, and any day appointed 
 by proclamation for a general fast or thanksgiving : 
 
176 APPENDIX. 
 
 Reckoning time. 
 
 (27) If the time limited by any Act for any proceeding, 
 or the doing of any thing under its provisions, expires or 
 falls upon a holiday, the time so limited shall be extended 
 to, and such thing may be done on the day next following 
 which is not a holiday : 
 
 " Oath,"—" Sworn." 
 
 (28) The expression " oath " includes a solemn affirma- 
 tion or declaration, whenever the context applies to any 
 person and case by whom and in which a solemn affirma- 
 tion or declaration may be made instead of an oath ; and 
 in like cases the expression '• sworn " includes the expres- 
 sion " affirmed " or " declared." 
 
 Who may administer and certify to oaths. 
 
 (29) Whenever by an Act of Parliament, or by a rule of 
 the Senate or House of Commons, or by an order, regulation 
 or commission made or issued by the Governor in Council, 
 under any law authorizing him to require the taking of 
 evidence under oath, an oath is authorized or directed to be 
 made, taken or administered, such oath may be adminis- 
 tered, and a certificate of its having been made, taken or 
 administered, may be given, by any one named in any such 
 Act, rule, order, regulation or commission, or by a judge 
 of any court, a notary public, a justice of the peace, or a 
 commissioner for taking affidavits, having authority or 
 jurisdiction within the place where the oath is adminis- 
 tered : 
 
 "Sureties"- "Security." 
 
 (30) The expression " sureties " means sufficient sureties, 
 and the expression " security " means sufficient security, 
 and whenever these words are used, one person shall be 
 sufficient therefor unless otherwise expressly required : 
 
INTEUPHETATION ACT. 177 
 
 *' Superior Court." 
 
 (81) The expression "superior court" means, in the 
 Province of Ontario, the Court of Appeal for Ontario and 
 the High Court of Justice for Ontario ; in the Province of 
 Quebec, the Court of Queen's Bench and the Superior 
 Court in and for the said Province ; in the Provinces of Nova 
 Scotia, New Brunswick and British Cokimbia, the Supreme 
 Court in and for eacli of the said Provinces respectively : 
 in the Province of Prince Edward Island, the Supreme 
 Court of Judicature for that Province ; in the Province of 
 Manitoba, Her Majesty's Court of Queen's Bench for 
 Manitoba; and in the North-West Territories, the Supremo 
 Court of the North-West Territories : 
 
 " Registrar"—" Register." 
 
 (32) The expression '* registrar " or " register " means 
 and includes inditierently registrars and registers in the 
 several Provinces of Canada, and their deputies, respec- 
 tively : 
 
 Powers to do anything to include all necessary powers 
 for doing it. 
 
 (37) Whenever power is given to any person, officer or 
 functionary, to do or to enforce the doing of any act or 
 thing, all such powers shall be understood to be also given 
 as are necessary to enable such person, officer or function- 
 ary to do or enforce the doing of such act or thing : 
 
 Acts to be done by more than two. 
 
 (42) When any act or thing is required to be done by 
 more than two persons, a majority of them may do it : 
 
 ♦ # # : ♦ * 
 
 C.S.E.C. 12 
 
178 APPENDIX. 
 
 Slight deviation from forms not to invalidate. 
 
 (44) Whenever forms are prescribed, slight deviations 
 therefrom, not affecting the substance or calculated to mis- 
 lead, shall not vitiate them : 
 
 Powers to make by-laws, what included by. 
 
 (45) Whenever power to make by-laws, regulations, rules 
 or orders is conferred, it shall include the power, from time 
 to time, to alter or revoke the same and make others : 
 
 Effect of repeal of repealing Act. 
 
 (48) The repeal of any Act or part of an Act shall not 
 revive any Act or provision of law repealed by such Act or 
 part of an Act, or prevent the effect of any saving clause 
 therein : 
 
 Effect of repeal of Act as to persons acting under it- 
 How far only to affect certain proceedings. 
 
 (49) Whenever any Act is repealed, wholly or in part, and 
 other provisions are substituted, and whenever any regula- 
 tion is revoked and other provisions substituted, all officers, 
 persons, bodies politic or corporate, acting under the old 
 law or regulation, shall continue to act as if appointed 
 under the new law or regulation until others are appointed 
 in their stead ; and all proceedings taken under the old law 
 or regulation shall be taken up and continued under the 
 new law or regulation, when not inconsistent therewith : 
 and all penalties and forfeitures may be recovered and all 
 proceedings had in relation to matters which have hap- 
 pened before the repeal or revocation, in the same manner 
 as if the law or regulation was still in force, pursuing the 
 new provisions as far as they can be adapted to the old 
 law or regulation : 
 
INTERPRKTATION ACT. 179 
 
 As to by-laws, etc , under repealed Act. 
 
 (50) Whenever any Act is repealed, wholly or in part, 
 and other provisions are substituted, all by-laws, orders, 
 regulations, rules and ordinances made under the repealed 
 Act shall continue good and valid ni so far as they are not 
 inconsistent with the substituted Act, enactment or pro- 
 vision, until they are annulled or others made in their 
 stead : 
 
 Construction of references to enactments for which 
 others are substituted— Proviso : case in which 
 the repealed enactment is to stand good. 
 
 (51) Whenever any Act or part of an Act is repealed, and 
 other provisions are substituted by way of amendment, 
 revision or consolidation, any reference in any unrepealed 
 Act, or in any rule, order or regulation made thereunder to 
 such repealed Act or enactment, shall, as regards any sub- 
 sequent transaction, matter or thing, be held and construed 
 to be a reference to the provisions of the substituted Act or 
 enactment relating to the same subject matter as such 
 repealed Act or enactment : Provided always, that where 
 there is no provision in the substituted Act or enactment 
 relating to the same subject matter, the repealed Act or 
 enactment shall stand good, and be read and construed as 
 unrepealed, in so far, but in so far only, as is necessary to 
 support, maintain or give effect to such unrepealed Act, or 
 such rule, order or regulation jnade thereunder : 
 
 As to acts, etc., done before repeal. 
 
 (52) The repeal of an Act, or the revocation of a regula- 
 tion, at any time, shall not affect any act done or any right 
 or right of action existing, accruing, accrued or established, 
 or any proceedings commenced in a civil cause, before the 
 
180 APPENDIX. 
 
 time when such repeal or revocation takes effect ; but the 
 proceedings in such case shall be conformable, when neces- 
 sary, to the repealing Act or regulation : 
 
 Offences committed and penalties incurred not affected 
 by repeal. 
 
 (58) No offence committed and no penalty or forfeiture 
 incurred, and no proceeding pending under any Act at any 
 time repealed, or under any regulation at any time revoked, 
 shall be affected by the repeal or revocation, except that the 
 proceeding shall be conformabk', when necessar\, to the 
 repealing Act or regulation, and that whenever any penalty, 
 forfeiture or punishment is mitigated by any of the pro- 
 visions of the repealing Act or regulation, such provisions 
 shall be extended and applied to any judgment to be pro- 
 nounced after such repeal or revocation : 
 
 w iW V V ^F 
 
II. 
 
 Extracts From the Various Statutes 
 
 RELATING TO THE 
 
 JURISDICTION Ol'THE COUNTY COURTS 
 
 OF 
 
 Nova Scotia, New Brunswick, British Columbia and 
 Prince Edward Island. 
 
 NOVA SCOTIA. 
 
 The jurisdiction of the county courts of Nova Scotia is regulated by 
 sections 1(5, 17 and 27, of the Revised Statutes of Nova Scotia, 5tU 
 Series, chapter 105. 
 
 16. The Court shall not have cognizance of any action — 
 
 1. Where the title to land is brought in question ; 
 
 2. In which the validity of any devise, bequest oi limi- 
 tation is disputed, except as hereinafter provided ; 
 
 3. For criminal conversation or seduction ; 
 
 4. For breach of promise of marriage. 
 
 IT. Subject to the exceptions in the last preceding sec- 
 tion, the county court shall have original jurisdiction and 
 hold pleas in all actions ex contractu where the debt or 
 damage does not exceed four hundred dollars, and in case 
 of debt where it is not less than twenty dollars ; and in 
 
182 APPENDIX. 
 
 all other actions where the damages claimed do not exceed 
 two hundred dollars ; and in all actions on bail bonds to 
 the sheriff in any case in the county courts, whatever may 
 be the penalty or amount sought to be recovered ; and in 
 all actions against a sheriff, or any officer of the county 
 court, for any nonfeasance or malfeasance in connection 
 with any matter transacted in the county courts ; but the 
 jurisdiction hereby conferred is declared to be concurrent 
 with that of the Supreme Court, except as to actions of 
 debt or assumpsit, in which the cause of action is less 
 than eighty dollars, which shall only be brought to the 
 Supreme Court by way of appeal from the county court. 
 * * * * * * * 
 
 iJT. In all cases where the property or effects distrained 
 or sought to be recovered, or the plaintiff's claim or 
 demand, does not exceed four hundred dollars, and in case 
 the title to land is not bond fide brought into question, an 
 order for replevin may issue from the county court of any 
 county wherein such property, goods or other effects have 
 been distrained, taken or detained. 
 
 And section 91 of chapter 105 provides for appeals from the county 
 courts to the Supreme Court of Nova Scotia sitting in banco : 
 
 91. An appeal from every judgment, rule, order or 
 decision of a judge of the county court, made during the 
 trial of a cause in cou:;t or at chambers, except orders made 
 in the exorcise of such discretion as by law belongs to him, 
 and also from his charge to the jury, and their veidict or 
 findings, shall be to the Supreme Court sitting in banco. 
 
COUNTY COURT JURISDICTION. 183 
 
 NEW BRUNSWICK. 
 
 In New Brunswick the jurisdiction of the county courts is now regu- 
 lated by chapter 9 of 45 Victoria (1882), "An Act in amendment of 
 chapter 51 of the Consolidated Statutes of county courts," bronglit into 
 force by proclamation on Ist June, 1882. (See N. B. Royal Gazette, 25th 
 May, 1882.) 
 
 2. The courts shall not have cognizance of any action — 
 
 1. Where the title to land is brought in question ; or, 
 
 2. In which the validity of any devise, bequest, or 
 limitation is disputed. 
 
 3. Subject to the exceptions in the last preceding 
 section the county courts shall have jurisdiction ard 
 hold plea in all personal actions of debt, covenant, and 
 assumpsit, when the debt or damages do not exceed the sura 
 of four hundred dollars, and in all actions of torts when 
 the damages claimed do not exceed two hundred dollars, 
 and in actions on bonds given to the sheriffs or otherwise 
 in any case in a county court, whatever may be the penally 
 or amount sought to be recovered ; provided always, that 
 the said court for the city and county of St. John shall 
 not have or exercise any jurisdiction in any cause in which 
 the city court of St. John or the town of Portland civil 
 court have jurisdiction. 
 
 An appeal is given from *he county courts to the Supreme Court of 
 New Brunswick, by section 51 of the Consolidated Statutes of New 
 Brunswick, chapter 51 : 
 
 HI. In case any party in a cause in any of the said courts 
 is dissatisfied with the decision of the judge upon any point 
 of law, or with the charge to the jury, or with the decision 
 
18 i APPENDIX. 
 
 upon motion for a non suit or new trial, or in arrest of 
 judgment, or for judgment non obstante veredicto, he may 
 appeal to the Supreme Court. 
 
 By section 38 of the Consolidated Statutes of New Brunswick, chapter 
 •31, the jurisdictic a of the county courts in replevin is limited to where 
 the value of the goods or other property or effects distrained, taken or 
 detained, does not exceed the sum of 9200. 
 
 BEITISH COLUMBIA. 
 
 In British Columbia the jurisdiction of the County Courts is regulated 
 by 48 v., c. 7. 
 
 21. Except as is otherwise hereinafter provided, the 
 county courts shall not have cognizance of any action — 
 
 1. i'or any malicious prosecution or any libel or slander, 
 
 2. For criminal conversation, or seduction, or breach of 
 promise of marriage ; or, 
 
 3. AgainsL a justice of the peace, or for anything done In- 
 him in the execution of his office. 
 
 23. Subject to the exceptions contained in the last 
 preceding section, the county courts shall have jurisdiction 
 and hold plea — 
 
 1. In all personal actions where the debt or damages 
 claimed consists of a balance not exceeding $1,000 after an 
 admitted set-off of any debt or demand claimed or recover- 
 able by the defendant from the plaintiff. 
 
COUNTY COURT JURISDICTION. 186 
 
 EJECTMENT. 
 
 23 In actions of ejectment where the yearly value of 
 the premises or the rent payable in respect thereof does not 
 exceed $300 ; Provided that such actions of ejectment shall 
 be brought and proceeded with in the county court holden 
 in the district where the lands, tenements or hereditaments 
 are situate. 
 
 WHERB TITLE COMES IN QUESTION. 
 
 24. The county courts shall have jurisdiction to try any 
 action in which the title to any corporeal or incorporeal 
 hereditaments shall come in question where the value of the 
 lands, tenements, or hereditaments in dispute do not exceed 
 $1,000, or the rent payable in respect thereof shall not ex- 
 ceed the sum of $300 by the year. 
 
 REPLEVIN. 
 
 26. Notwithstanding anything to the contrary contained 
 in any statute or law in force in the Province, the county 
 courts shall have jurisdiction in all actions of replevin 
 where the value of the goods or other property or effects 
 distrained, taken or detained does not exceed $1,000, and 
 the title to the land be not brought in question. 
 
 Section 28 provides for interpleader by the sheriff. 
 
 Sections 31 to 39 provide for the recovery of tenements by landlord 
 when term has expired, or been determined by notice, or for non-pay- 
 ment of rent, when neither the value of the premises, nor the rent pay- 
 able in respect thereof, shall have exceeded $500 by the year. 
 
 JURISDICTION IN PROBATE. 
 
 40. Each county court shall have jurisdiction concur- 
 rently with the Supreme Court in all questions relating to 
 testacy or intestacy, and to the validity of wills of persons 
 
186 APPENJJIX. 
 
 dying within the territorial limits of its district where the 
 personal estate of the deeeased shall not exceed $2,500 ; 
 and shall have power to grant prohates of wills and letters 
 of administration of the personal estates and effects of 
 persons drying within the territorial limits of its district, 
 and to take order for the due passing of the accounts of 
 the executors and administrators of such deceased persons^ 
 and for the proper custody of the personal estate and 
 effects of such deceased persons, and for the delivery of the 
 same to the person entitled thereto. 
 
 EQUITABLE JURISDICTION. 
 
 42. The said county courts shall also respectively have 
 and exercise, concurrently with the Supreme Court of British 
 Columbia, all the power and authority of the Supreme 
 Court of British Columbia in the suits or matters herein- 
 after mentioned, that is to say : — 
 
 1. In all suits by creditors, legatees (whether specific, 
 pecuniary, or residuary) devisees, (whether in trust or 
 otherwise), heirs at law or next of kin, in which the per- 
 sonal, or real, or personal and real estate against, or for an 
 account or administration of which the demand may be 
 made shall not exceed in amount or value the sum of two 
 thousand five hundred dollars ; 
 
 2. In all suits for the execution of trusts, in which the 
 trust estate or fund shall not exceed in amount or value 
 the sum of two thousand five hundred dollars ; 
 
 3. In all suits for foreclosure or redemption, or for 
 enforcing any charge or lien, whore the mortgage, charge, 
 or lien shall not exceed in amount the sum of two thousand 
 five hundred dollars ; 
 
 4. In all suits for specific performance of, or for the 
 reforming, or delivering up, or cancelling of any agreement 
 
COUNTY COUUT JURISDICTION. 187 
 
 for the sale, purchase or lease of any property, where, in 
 the case of a sale or purchase the purchase money, or in 
 case of a lease the value of the property shall not exceed 
 two thousand five hundred dollars ; 
 
 5. In all proceedings under the Trustees Relief Acts, 
 or under the Trustee Acts, or under any of such Acts, in 
 which the trust estate or fund to which the proceeding 
 relates shall not exceed in amount or value the sum of two 
 thousand five hundred dollars ; 
 
 6. In all proceedings relating to the maintenance or 
 advancement of infants, in which the property of the 
 infant shall not exceed in amount or value the sum of two 
 thousand five hundred dollars ; 
 
 7. In all suits for the dissolution or winding up of any 
 partnership, in which the whole property, stock and credits 
 of such partnership shall not exceed in amount or value 
 tlie sum of two thousand five hundred dollars ; 
 
 8. In all suits relative to water rights claimed under 
 any Act, Statute, or Ordinance of the Province, in which 
 the value of the right in dispute shall not exceed two 
 thousand five hundred dollars ; 
 
 9. In all proceedings for orders in the nature of injunc- 
 tions, where the same are requisite for granting relief in 
 any matter in which jurisdiction is given by this Act to 
 the county court ; 
 
 10. In applications for the sale of real estate under the 
 *' Intestate Estate Ordinance, 1868," where the total value 
 of the real estate of such intestate shall not exceed in 
 amount two thousand five hundred dollars ; 
 
 11. In applications under the " Destitute Orphans Act, 
 
 1877." 
 
188 APPENDIX. 
 
 172* If any party in a suit or matter relating to 
 equitable jurisdiction, conferred by section 42 of this Act, 
 shall be dissatisfied with the determination or direction of 
 a judge of a county court on any matter of law or equity, 
 or on the admission or rejection of any evidence, such 
 party may appeal from the same to the Supreme Court of 
 British Columbia, two or more of the judges whereof, other 
 than a judge whose decision is appealed from, shall sit as 
 a court of appeal for that purpose. * * # 
 
 173* If either party in any other cause or matter 
 where the amount claimed exceeds $50, shall be dissatis- 
 fied with the determination or direction of a judge of a 
 county court in point of law; or upoti the admission or 
 rejection of any evidence, such party may appeal from the 
 same to the Supreme Court of British Columbia, two or 
 more of the judges whereof, other than the judge whose 
 decision is appealed from, shall sit as a court of appeal for 
 that purpose. ♦ ♦ ♦ * 
 
 PKTNCE EDWAED ISLAND. 
 
 In Prince Edward Island the jurisdiction of the county courts is 
 regulated by 41 V., c. 12. The court has jurisdiction in all actions 
 ex contractu and ex delicto where the debt or damages claimed do 
 not exceed $150 (being below the amount required to give jurisdiction to 
 the Supreme Court) and in actions on bail bonds given to a sheriff in any 
 case in a county court, or on any other bond given under this Act, what- 
 ever may be the penalty or amount sought to be recovered. (Section 17.) 
 
III. 
 
 Parts of 50-51, Victoria, Chapter 16 
 
 AMENDING 
 
 THE SUPREME AND EXCHEQUER COURTS ACT. 
 
 50-51 VICTORIA. 
 
 CHAPTER XVI. 
 
 An Act to amend " The Supreme and Exchequer Courts 
 Act," and to make better provision for the trial of 
 Claims against the Crown. 
 
 [Assented to 23rd June, 1887.] 
 
 HER Majesty, by and with the advice and consent of 
 the Senate and House of Commons of Canada, 
 enacts as follows : — 
 
 #****♦* 
 
 AMENDMENTS. 
 
 R. S. C, cc. 38, 135 and 136 amended. 
 
 5T. " The Oovernment Raihvays Act,'' " The Supreme 
 and Exchequer Courts Act " and " The Petition of Right 
 Act " are hereby amended in the particulars and to the 
 extent mentioned in Schedule A to this Act. 
 
 repeal — OFFICIAL ARBITRATORS. 
 
 Repeal— Exchequer court substituted for official arbi- 
 trators. 
 
 58. Subject to the provisions of " The Interpretation 
 Act'' the Acts and parts of Acts mentioned in Schedule 
 B to this Act are hereby repealed ; and whenever in any 
 
190 APPENDIX. 
 
 Act of the Parliament of Canada, or in any Order of the 
 Governor in Council, or in any document, it is provided or 
 declared that any matter may be referred to the official 
 arbitrators acting under the " Act reapectinfi Official Arbi- 
 trators," or that any powers shall be vested in, or duty 
 shall be performed by such arbitrators, such matters shall 
 be referred to the Exchequer Court, and such powers shall 
 be vested in, and such duties performed by it ; and when- 
 ever the expression " official arbitrators " or " official arbi- 
 trator " occurs in any such Act, order or document, it shall 
 be construed as meaning the Exchequer Court. 
 
 Transfer of pending cases. 
 
 Si9. All matters pending before such official arbitrators 
 when this Act comes into force shall be transferred to the 
 Exchequer Court and may therein be continued to a final 
 decision in like manner as if the same had in the first 
 instance been referred to the court under the provisions of 
 this Act. 
 
 COMMENCEMENT OF ACT 
 
 When the foregoing provisions shall come into force. 
 
 ttO. The foregoing provisions of this Act shall not have 
 force or effect until a day to be named by the Governor 
 General by his proclamation. 
 
 SCHEDULE A. 
 
 The Government Railways Act 
 
 Manner in which amended — 
 Section 2 — By striking out paragraph (d). 
 
EXCHEQUER COURT ACT. 191 
 
 The Supreme and Exchequer Courts Act 
 
 Planner in nhich amended — 
 
 Section 3 — By substituting therefor tho following section : — 
 " 3. The court of C( imon law and equity, in 
 and for Canada, now existing under the name of 
 ' The Supreme Court of Canada,' is hereby con- 
 tinued under such name, and shall continue to be 
 a court of record." 
 
 Section 7 — By striking out the words ** as judges of both 
 courts." 
 
 Section 8 — By substituting the words ** the court " for the 
 words " the said courts," in the second line thereof. 
 
 Section 9 — By striking out the words " and of the 
 Exchequer Court." 
 
 Section 11 — By striking out the words " and of the 
 Exchequer Court." 
 
 Section 13 — By substituting therefor the following section: — 
 " 13. The Governor in Council may appoint a 
 reporter and an assistant reporter, who shall 
 report the decisions of the Supreme Court, and 
 who shall be paid such salaries respectively as the 
 Governor in Council determines." 
 
 Section 15 — By striking out the words " and of tha Exche- 
 quer Court." 
 
 Section 16 — By striking out the words " and the Exchequer 
 Court." 
 
 Section 17 — By striking out the words " and Exchequer 
 Court." ■ 
 
 Section 18 — By striking out the words ** or Exchequer 
 Court," and by substituting the word " court " 
 for the words " courts respectively " in the' third 
 and fourth lines thereof. 
 
192 APPENDIX. 
 
 Section 19 — By adding thereto after word court, in the 
 last line the following words " and in such case 
 it shall not he necessary for five judges to he 
 present at the delivery of such judgment." 
 
 Section 24 — By adding the words following at the end 
 thereof: — 
 
 *' (h) And in cases in the Provinces of Nova 
 Scotia, New Brunswick and Prince Edward Island, 
 wherein the sum or value of the matter in dispute 
 amounts to two hundred and fifty dollars or 
 upwards, in which the court of first instance 
 possesses concurrent jurisdiction with a superior 
 court." 
 
 Section 25 — By striking out the words " as hereinafter 
 provided, and as provided in the Act respecting 
 the official arbitrators " in paragraph (b). 
 
 Section 40 — By substituting therefor the following section: — 
 
 " 40. Except as otherwise provided every appeal 
 
 shall be brought within sixty days from the signing 
 
 or entry or pronouncing of the judgment appealed 
 
 from." 
 
 Section 46 — By inserting after the word " appeals," in the 
 first line of the second paragraph the words " by 
 or on behalf of the Crown or." 
 
 Section 58 — By inserting after the word " Columbia " 
 in the tenth line the words " and from the 
 North-west Territories." 
 
 Section 105 — By striking out the words " and the process 
 of the Exchequer Court;" by substituting the 
 word ** court " for the words " and Exchequer 
 Courts respectively," and also for the words 
 " said courts." 
 
EXCHEQUER COURT ACT. 103 
 
 Section 10(5 — By striking out the words " and in the Exche- 
 quer Court " in the last line thereof. 
 
 Section 107. — By substituting therefor the following sec- 
 tion : — 
 
 " 107. An order in the Supreme Court for pay- 
 ment of money, whether for costs or otherwise, 
 may be enforced by such writs of execution as 
 the court prescribes." 
 
 Section 108. — By substituting tlierefor the following sec- 
 tion : — 
 
 ** 108. No attachment, as for contempt, shall 
 issue in the Supreme Court for the non-payment 
 of money only." 
 
 Section 109. — By substituting therefor the following sec- 
 tion : — 
 
 " lOD. The judges of the Supreme Court, or any 
 five of them, may, from time to time, make general 
 rules and orders for regulating the procedure of 
 and in the Supreme Court, and the bringing of 
 oases before it from courts appealed from or other- 
 wise, for empowering the registrar to do any such 
 thing and to transact any such business and to 
 exercise any such authority and jurisdiction in 
 respect of the same as, by virtue of any statute 
 or custom or by the practice of the court, is now 
 or may be hereafter done, transacted or exercised 
 by a judge of the court sitting in chambers and 
 as may be specified in such rule or order, and for 
 the effectual execution and working of this Act^ 
 and the attainment of the intention and objects 
 thereof, and for fixing the fees and costs to be taxed 
 and allowed to, and received and taken by, and 
 rights and duties of the ofificers of the court, and 
 for awarding and regulating coats in such court 
 
 C.S.E.C. 13 
 
194 Al'PKNDIX. 
 
 in favor of and against the Crown as well as the 
 subject ; and such rules and orders may extend to 
 an}' matter of procedure or otherwise not pro\ ided 
 for by this Act, but for which it is found necessary 
 to provide, in order to ensure the proper working 
 of this Act and the better attainment of the objects 
 thereof; and all such rules and orders which are 
 not inconsistent with the express provisions of this 
 Act, shall have force and eftect as if herein enacted, 
 and copies of all such rules and orders shall be 
 laid before both Houses of Parliament at the ses- 
 sion next after the raakmg thereof." 
 
 Section 110. — By substituting therefor the following sec- 
 tion : — 
 
 " 110. Any moneys or costs awarded to the 
 Crown shall be paid to the Minister of Finance 
 and Receiver-General, and he shall pay, out of 
 any unappropriated moneys forming part of the 
 Consolidated Revenue Fund of Canada, any 
 moneys or costs awarded to any person against 
 the Crown." 
 
 Section 112. — By substituting therefor the following sec- 
 tion : — 
 
 " 112. The reports of the decisions of the 
 Supreme Court may, if the Governor in Council so 
 determines, be published by the registrar of the 
 Supreme Court." 
 
 The Petition of Right Act 
 
 Manner in which amended — 
 
 Sev^ion 2. — By striking out the words " Chief Justice or 
 any" in clause (6). 
 
 SectioL 6. — By striking out the words " or a judge." 
 
EXCHIiQUEE, COrUT AOT. 195 
 
 Section 7.— By striking out the words " or a judge," 
 Section ll.-By striking out the words "or a judge," and 
 " or judge," wherever they occur in the section, 
 and also the words " or his " in the last line 
 hut one thereof. 
 
 vSection 15— By substituting the word " the " for the word 
 " any " in the sixth line thereof. 
 
 SCHEDULE B. 
 
 The Revised Statutes of Canada 
 
 Extent of repeal — 
 
 Chapter 40.-An Act respecting the official arbitrators; 
 the whole. 
 
 Chapter 135.— An Act respecting the Supreme and Exche- 
 quer Courts ; sections 6, 12, 70, 75, 76, 77, 78 
 79, 80, 81, 82, 83, 84. 85, 86, 87, 88, 89 & 9o! 
 
 Chapter 136.— An Act respecting proceedings against the 
 Crown by Petition of Right ; sections 9, 10, 16 
 17, 18, 19, 20 & 21. 
 
IV. 
 
 SUPREME COURT ACT, 1888. 
 
 51 VICTORIA. 
 
 CHAPTER XXXVII. 
 
 Assented to the 2^nd day of May, 1888. 
 
 An Act further to amend " The Supreme and Exchequer 
 Courts Act," chapter one hundred and thirty-five of 
 the Revised Statutes of Canada. 
 
 TTER Majesty, bj' and with the advice and consent of 
 -^ -*- the Senate and House of Commons of Canada, enacts 
 as follows : — 
 
 1. Section nineteen of " The Supreme and Exchequer 
 Courts Act," as amended by the Act passed in the session 
 held in the fiftieth and fifty-first years of Her Majesty's 
 reign, and chaptered sixteen, is hereby repealed and the 
 following substituted therefor : 
 
 " 10. Any five of the judges of the Supreme Court shall 
 constitute a quorum, and may lawfully hold the court : 
 Provided always, that it shall not be necessary for all the 
 judges who have heard the argument in any case to be 
 present in order to constitute the court for delivery of 
 judgment in such case, but in the absence of any judge> 
 from illness or any other cause, judgment may be delivered 
 by a majority of the judges who were present at the hear- 
 ing ; and in such case it shall not be necessary for five 
 judges to be present at the delivery of such judgment ; and 
 any judge who has heard the case and is absent at the 
 
SUPREME COURT ACT, 1888. 197 
 
 delivery of judgment, may hand his opinion in writing to 
 uny judge present at the delivery of judgment, to be read 
 or announced in open court, and then to be left with the 
 registrar or reporter of the court." 
 
 2. The paragraph lettered (h) added to section twenty- 
 four of the Act first above cited by section fifty-seven and 
 schedule A of the Act secondly above cited, is hereby 
 «,mended by inserting the words "British Columbia " after 
 the words " New Brunswick " in the first line of the said 
 paragraph. 
 
 3. The said section twenty-four is hereby further amended 
 by adding the following at the end thereof: — 
 
 ** (t) And also by leave of the court or a judge thereof 
 from the decision of the Supreme Court of the North-west 
 Territories, although the matter may not have originated 
 in a superior court." 
 
 4. The registrar shall, under the supervision of the 
 Minister of Justice, have the management and control of 
 the library of the court, and the purchase of all the books 
 therefor. 
 
. V. 
 
 SPECIAL JURISDICTION ACT, ONTARIO. 
 
 An Act respecting the Supreme Court of Canada and the 
 Exchequer Court of Canada. 
 
 R. S. O. 1887, cap. 42. 
 
 TTER Majesty, by and with the advice and consent of 
 -■-■- the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 Supreme Court and Exchequer Court of Canada to 
 have jurisdiction. 
 
 I. The Supreme Court of Canada and the Exchequer 
 Court of Canada, or the Supreme Court of Canada alone, 
 according to the provisions of the Act of the Parliament of 
 Canada, known as " The Supreme and Exchequer Courta 
 Act," shall have jurisdiction in the following cases : — 
 
 In controversies between Canada and Ontario. 
 
 1. Of controversies between the Dominion of Canada and 
 this Province. 
 
 In controversies between Ontario and certain other 
 Provinces. 
 
 2. Of controversies between any other Province of the Do- 
 minion, which may have passed an Act similar to this 
 present Act, and this Province. 
 
 In certain cases involving the validity of Acts of Canada 
 or Ontario. 
 
 3. Of suits, actions or proceedings in which the provties 
 thereto, by their pleadings, shall have raised the question 
 
SPECIAL JURISDICTION ACT, ONTARIO. 199 
 
 of the validity of an Act of thp Parliament of Canada, or 
 of an Act of the Legislature ot this Province, when in the 
 opinion of a judge of the court in which the same are pend- 
 ing such question is material ; and in such case the said 
 judge shall, at the request of the parties, and may without 
 such request, if he thinks tit, order the case to he removed 
 to the Supreme Court in order to the decision of such 
 question. E. S. 0. 1877, e. 37, s. 1. 
 
 Limitation of appeal to Supreme Court of Canada. 
 
 S* In any action respecting property or civil rights, 
 whether for damages or for specific relief, no appeal shall 
 lie to the Supreme Court of Canada without the special 
 leave of such court, or of the Court of Appeal, unless the 
 title to real estate or some interest therein, or the validity 
 of a patent is affected ; or unless the matter in controversy 
 on the appeal exceeds the sum or value of $1,000 exclusive 
 of costs, or unless the matter in question relates to the 
 taking of an annual or other rent customary or other duty, 
 or fee, or alike demand of a general or , ublic nature 
 affecting future rights. 44 V., c. 5, s. 43. 
 
 Authority of Judges of the Court of Exchequer as to 
 use of Court House, etc. 
 
 •$. In case sittings of the Court of Exchequer of Canada 
 are appointed to be held in any city, town or place in which 
 a court house is situated, the judge presiding at any such 
 sittings shall have, in all respects, the same authority 
 as a judge of the high court in regard to the use of the 
 court house and other buildings or apartments set apart in 
 the county for the administration of justice. R. S. 0., 1877, 
 c. 37, 8. 2. 
 
VI 
 
 PRIVY COUNCIL APPEALS. 
 
 Extracts From 
 
 IMPERIAL STATUTES AND ORDERS IN COUNCIL 
 
 HKLATINO TO 
 
 PRACTICE IK APPEALS TO THE JUDICIAL COMMITTEE OF THE 
 
 PRIVY COUNCIL. 
 
 7 i^8 V.,c. Of). 
 
 11. And be it enacted, that it shall and may be hiwfiil 
 for the said judicial committee to make any general rule 
 or regulation, to be binding upon all courts in the colonies 
 and other foreign settlements of the Crown, requiring the 
 judges' notes of the evidence taken before such court on 
 any cause appealed, and of the reasons given by the judges 
 of such court or by any of them, for or against the judg- 
 ment pronounced by such court ; which notes of evidence 
 and reasons shall by such court be transmitted to the clerk 
 of the Privy Council within one calendar month next after 
 the leave given by such court to prosecute any appeal to 
 Her Majesty in council, and such order of the said com- 
 mittee shall be binding upon all judges of such courts in 
 the colonies or foreign settlements of the Crown. 
 
PRIVY COUNCIL APPEALS. 201 
 
 Rule issued by the Judicial Committee, directinii judfjcs of the 
 Courts in the colouies and foreign settlements of the 
 Crown to ijive their reasons in writiufj for the judgment 
 appealed from, and to transmit the same with the record. 
 
 At the Council Chamber, Whitehall, the 12th Feb, 18i5. 
 By the Judicial Committee of the Privy Council. 
 
 Whereas, by an Act passed in the eicjhth year of Her 
 Majesty's reign, intituled, etc., (here follows a recital of 
 7 t v., c. 69, s. 11). 
 
 Now, therefore, the lords of the said Judicial Committee 
 of the Privy Council are pleased to order, as it is hereby 
 ordered, that when any appeal shall be prosecuted from 
 any judgment of any court in the colonies or foreign 
 settlements of the Crown, the reasons given by the judges 
 of such court, or by any of such judges, for or against such 
 judgment shall be, bj'^ the judge or judges of such court 
 communicated in writing to the registrar of such court, or 
 other officer whose duty it is to prepare and certify the 
 transcript record of the proceedings in the cause, and that 
 the same be by him transmitted in original to the clerk of 
 Her Majesty's Privy Council, at the same time when the 
 documents and proceedings proper to be laid before Her 
 Majesty in Council upon the hearing of the appeal are 
 transmitted. 
 
 Whereof the judges of all such courts in the colonies or 
 foreign settlements of the Crown are to take notice, and 
 govern themselves accordingly. 
 
 C. C. Greville. 
 
202 APPENDIX. 
 
 ORDER IN COUNCIL. 
 
 [Regulating the present practice in appeals.) 
 
 At the Court at Buckingham Palace, the 13th Junk, 1853. 
 
 Present ; — 
 
 The Queen's Most Excellent Majesty. 
 
 His Royal Highness Prince Albert. 
 
 Lord President. 
 
 Lord Steward. 
 
 Duke of Newcastle. 
 
 Duke of Wellington. 
 
 Lord Chamberlain. 
 
 Earl of Aberdeen. 
 
 Earl of Clarendon. 
 
 Viscount Palmerston. 
 
 Mr. Herbert. 
 
 Sir James Graham, Bt. 
 
 Whereas there was this day read at the board a report 
 from the right honorable the lords of the judicial com- 
 mittee of the privy council, dated the 30th May last past, 
 humbly setting forth that the lords of the judicial com- 
 mittee have taken into consideration the practice of the 
 committee with a view to greater economy, despatch and 
 efficiency in the appellate jurisdiction of her majesty in 
 council, and that their lordships have agreed huml)ly to 
 report to her majesty that it is expedient that certain 
 changes should be made in the existing practice in 
 appeals, and recommending that certain rules and regula- 
 tions therein set forth should henceforth be observed, 
 obeyed, and carried into execution, provided her majesty 
 is pleased to approve the same. 
 
 Her majesty, having taken the said report into consider- 
 ation, was pleased, by and with the advice of her privy 
 
PRIVY COUNCIL APPEALS. 203 
 
 council, to approve thereof, and of the rules and regula- 
 tions set forth therein, in the words following videlicet : — 
 
 1. That, any former usnapje or practice of her majesty's 
 privy council notwithstanding, an appellant who shall 
 Bucreed in obtaining a reversal or material alteration of 
 any judgment, decree or order appealed from, shall be 
 entitled to recover the costs of the appeal from the 
 respondent, except in cases in which the lords of the 
 judicial committee may think fit otherwise to direct. 
 
 2. That the registrar or other proper officer having the 
 custody of records in any court or special jurisdiction from 
 which an appeal is brought to her majesty in council be 
 directed to send by post, with all possible despatch, one 
 certified copy of the transcript record iu each cause to the 
 registrar of her majesty's privy council, Whitehall; and 
 that all such transcripts be registered in the privy council 
 office, with the date of their arrival, the names of the 
 parties, and the date of the sentence appealed from ; and 
 that such transcript be accompanied by a correct an:l 
 complete index of all the papers, documents, and exhibits 
 in the cause ; and that the registrar of the court appealed 
 from, or other proper officer of such court, be directed to 
 omit from such transcript all merely formal documents, 
 provided such omission be stated and certified in the said 
 index of papers ; and that especial care be taken not to 
 allow any document to be set forth more than once in such 
 transcript ; and that no other certified copies of the record 
 be transmitted to agents in England by or on behalf of the 
 parties in the suit ; and that the fees and expenses incurred 
 and paid for the preparation of such transcript be stated 
 and certified upon it by the registrar or Oiher officer pre- 
 paring the same. 
 
 3. That when the recoro" of proceedings or evidence in 
 
204 Al'I'KNDIX. 
 
 tbe cause appealed has been printed or partly printed 
 abroad, the registrar or otlier proper officer of the court 
 from which the appeal is brought shall be bound to eend 
 home the same in a printed form either wholly or so far as 
 the same may have been printed, and that he do certify 
 the same to be correct, on two copies, by signing his name 
 on every printed sheet, and by affixing the seal, if any, of 
 court appealed from to tnese copies, with the sanction of 
 the court. 
 
 And that in all cases in which the parties in appeals shall 
 think fit to have the proceedings printed abroad they shall 
 be at liberty to do so, provided they cause fifty copies of 
 the same to be printed in folio, and transmitted at their 
 expense, to the registrar of the privy council, two of which 
 printed copies, shall be certified as above by the officers of 
 the court appealed from ; and in this case no further 
 expense for copying or printing the record will be incurred 
 or allowed in England. 
 
 4. That on the arrival of a written transcript of appeal 
 at the privy council office, Whitehall, the appellant or the 
 agent of the appellant prosecuting the same shall be at 
 liberty to call on the registrar of the privy council to cause 
 it, or such part thereof as may be necessary for the hear- 
 ing of the case, and likewise all such parts thereof as the 
 respondent or his agent rnay require, to be printed by her 
 majesty's printer, or by any other printer on the same 
 terms, the appellant or his agent engaging to pay the costs 
 of preparing a copy for the printer at a rate not exceeding 
 one shilling per brief sheet, and likewise the cost of print- 
 ing such record or appendix, and that one hundred copies of 
 the same be struck off, whereof thirty copies are to be deliv- 
 ered to the agents on each side and forty kept for the use 
 of the judicial committee ; and that no other fees for 
 solicitor's copies of the transcript or for drawing the joint 
 
PRIVY COUNCII. APPEALS. 205 
 
 appendix, be henceforth allowed, the soiicitora on both sides 
 being allowed to have access to the original papers at the 
 council office, and to extract or cause to be extracted and 
 copied such parts thereof as are necessary for the prepara- 
 tion of the petition of appeal, at the stationer's charge, not 
 exceeding one shilling per brief sheet. 
 
 5. That a certain time be fixed within which it shall be 
 the duty of the appellant or his agent to make such applica- 
 tion for the printing of the transcript, and that such time 
 be within the space of six calendar months from the arrival 
 of the transcript and the registration thereof in all 
 matters brought by appeal from her majesty's colonies and 
 plantations east of the Cape of Good Hope or from the 
 territories of the East India Company, and within the 
 space of three months in all matters brought by appeal 
 from any other part of her majesty's dominions abroad ; 
 and that on default of the appellant or his agent taking effec- 
 tual steps for the prosecution of the appeal within such 
 time or times respectively, the appeal shall stand dismissed 
 without further order, and that a report of the same be made 
 to the judicial committee by the registrar of the privy 
 council at their lordships' next sitting. 
 
 6. That, whenever it shall be found that the decision 
 of a matter on appeal is likely to turn exclusively on 
 a question of law, the agents of the parties, with the 
 sanction of the registrar of the privy council, may submit 
 such question of law to the lords of the judicial committee 
 in the form of a special case (a) and print such parts only of 
 the transcript as may be necessary for the discussion of the 
 same ; provided that nothing herein contained shall in any 
 way bar or prevent the lords of the judicial committee from 
 ordering the full discussion of the whole case, if they shall so 
 
 («) Undo V. Barrett, 9 Moo. P. 0. C. 456. 
 
206 APPENDIX. 
 
 tliink fit ; and tliat in order to promote such arrangements 
 and simplification of the matter in dinpute, the registrar of 
 the privy council may call the agents of the parties before 
 him, and having heard them, and examined the transcript, 
 may report to the committee as to the nature of the pro- 
 ceedings. 
 
 And her majesty is further pleased to order, and it is 
 hereby ordered, that the foregoing rules and regulations bo 
 punctually observed, obeyed, and carried into execution in 
 all appeals or petitions and complaints in the nature of 
 appeals brought to her majesty, or to her heirs and suc- 
 cessors, in council, from her majesty's colonies and plan- 
 tations abroad, and from the Channel Islands or the Isle of 
 Man, and from the territories of the East India Company, 
 whether the same be from Courts of Justice or from special 
 jurisdictions other than appeals from her majesty's Courts 
 of Vice-Admiralty, to which the said rules are not to be 
 applied. 
 
 Whereof the judges and officers of her majesty's courts 
 of justice abroad, and the judges and officers of the superior 
 courts of the East India Company, and all other persons 
 whom i*i may concern, are to take notice and govern them- 
 selves accordingly. W. L. Bathurst. 
 
 ORDER IN COUNCIL. 
 
 [Explanatory of Order in Council of 13th June, 1853] . 
 
 At the Court at Buckingham Palace, the SIst of March, 
 1855. 
 
 Present: — The Queen's most excellent Majesty in 
 Council. 
 
 Whereas doubts have arisen with reference to the 
 power of the judicial committee of the Privy Council to 
 
PRIVY COUNCIL AI'PFALS. 207 
 
 suspend or relax, under certain special circumstances, the 
 rof^'ulations in appeal causes establisiied by Her Majesty's 
 order in council of the VMh June, IH^Ji ; 
 
 Her Mai>^sty, by and with the advice of her Privy Council, 
 is pleased to order, and it is hereby ordered, that in appeal 
 cases in which a petition of appeal to her majesty shall 
 have been lodged, and referred by her majesty to the judi- 
 cial committee, the said regulations shall be subject to any 
 order or direction which, in the opinion of the lords of the 
 Judicial Committee, the justice of any particular case may 
 seem to require. C. C. Greville. 
 
 ORDER IN COUNCIL. 
 
 For the ref/ulation of the form and type to he used in the 
 'printing of the cases, records, and proceedings in appeals 
 and other matters pending before the Lords of the Judi- 
 cial Committee of the Privy Council. 
 
 At the Court at Windsor Castle, the 24th day of March, 
 1871. 
 
 Present : — The Queen's most excellent Majesty in 
 Council. 
 
 Whereas there was this day read at the board a repre- 
 sentation from the lords of the Judicial Committee of the 
 Privy Council, dated the 20th January, 1871, humbly 
 recommending to Her Majesty in council that certain rules 
 be established by the authority of her majesty, by and with 
 the advice of her Privy Council, to be observed in the form 
 
208 , APPENDIX. 
 
 and type used in the printing of all cases, records, and other 
 proceedings in appeals and other matters pending before the 
 Judicial Committee of the Privy Council, her majesty having 
 taken the said representation into consideration, and the 
 schedule of rules hereunto annexed, was pleased, by and with 
 advice of her Privy Council, to approve thereof, and to 
 order, and it is hereby ordered, that the same be punctually 
 observed, obeyed and carried into execution. Whereof the 
 judges and officers of all the courts of justice in her 
 majesty's dominions from which an appeal lies to her 
 majesty in council, and all other persons whom it may 
 concern, are to take notice and govern themselves accord- 
 ingly. 
 
 Schedule annexed to the foreffoinfi order. 
 
 1. All cases, records and other proceedings in appeals, or 
 other matters pending before the Judicial Committee of the 
 Privy Council, are henceforth to be printed in the form 
 known as demy quarto, and not in demy folio, as hath 
 heretofore been used. 
 
 2. The size of the paper used is to be such, that the 
 sheet, when folded, will be eleven inches in height and 
 eight inches and a half in width. 
 
 'o' 
 
 3. The type to be used in the text is to be pica type, but 
 long primer is to be used in printing accounts, tabular 
 matter and notes. 
 
 4. The number of lines in each page of pica type is to 
 be forty-seven, each line being five inches and three-quar- 
 ters or 146 millimetres in length. 
 
 5. The foregoing rules do not apply to cases now pend- 
 ing in which the printing of the record is begun before the 
 receipt of this order, but in all cases printed after the 
 
PRIVY COUNCIL APPEALS. 209 
 
 receipt Of this order, the form and type herein prescribed 
 are to be used exclusively. 
 
 6. The price in England for printing 75 copies in the 
 form herein established is to be thirty-eight shillings per 
 sheet (eight pages) of pica, with marginal notes, not includ- 
 ing corrections, tabular matter, and other eitras. 
 
 7. The form of paper and type of the present order in 
 council, with the pages hereunto annexed, are to serve as 
 a specimen sheet or pattern for the printing of the proceed- 
 ings before the Judicial Committee of the Privy Council, (a) 
 
 C.S.E.C. |. 
 
FORMS 
 
VII. 
 
 FORMS. 
 
 1. Notice of Appeal. 
 
 2. Bond for Security for Costs. 
 
 3. Affidavit of Execution. 
 
 4. Affidavit of Justification. 
 
 5. Certificate of Settlement of Case. 
 
 6. Appointment of Agent. 
 
 7. Judgment allowing Appeal. 
 
 8. Judgment dismissing Appeal. 
 
 9. Order made in Chambers. 
 
 10. Appellant's Bill of Costs. 
 
 11. Hespondent's Bill of Costs. 
 
 12. Affidavit of Disbursements. 
 
FORMS. 213 
 
 I. NOTICE OF APPEAL. 
 
 IN THE COUKT OF APPEAL FOR ONTARIO. 
 
 (or as the case may he, giving the stifle of the Court in 
 which the judgment to he appealed from has been rendered.) 
 
 Between 
 
 A. B. Plaintiff (appellant or respondent) 
 
 AND 
 
 C. D. Defendant (respondent or appellant) 
 (or as the case may require.) 
 
 Take notice, that A.B., the above named plaintiff, hereby 
 appeals from the (judgment, decree, rule, order, or deci- 
 sion) pronounced {or pronounced and entered) in this cause 
 
 (or matter) by this court (or by Mr. Justice ) on the 
 
 day of 18 , whereby {as the case may he.) 
 
 The above form, altered to suit the circumstances of each particular 
 case, would be applicable to most cases, but care should be taken to con- 
 sider the wording of the section or rule requiring not'ce of appeal to be 
 given and to vary the notice accordingly. For instance, in giving notice 
 of intention to appeal, under section 53 of chapter 16 of 50-51 Victoria, 
 from the decision of the Exchequer Court, (see ante, p. 78) the notice 
 should state " that the Crown is dissatisfied with such decision, and in- 
 tends to appeal against the same." And the notice required by rula 269 
 of the Maritime Court is a notice of intention to appeal, See ante p. 80 
 and post, addenda. 
 
 And notice of appeal must not be confounded with the notice of hearing 
 required after an appeal is set down for hearing in the Supreme Court, 
 (see rules 13, 14 and 15, ante p. 108) ; nor with the notice to be given in 
 Exchequer appeals under section 51 of chapter 16 of 50-51 Victoria, a 
 notice additional to that required by section 53, (see ante p. 77) nor with 
 the notice to be given in Election appeals, under sub-section 3 of section 
 51 of the Dominion Controverted Elections Act (see ante p. 84.) These 
 notices are given after the appeal has been set down for hearing in the 
 Supreme Court of Canada and should be entitled in that Court and the 
 style of cause should be the style in that Court, and by them the appeal 
 may be limited to any special and defined question or questions. 
 
214 APPENDIX. 
 
 2. BOND FOR SECUKITY OF COSTS. 
 
 ( To be given under section 46 of the Supreme and Exchequer Courts 
 Act. See ante p. 37.) 
 
 Know all men by these presents, that we A.B., of the 
 of in the county of and Province of 
 
 , CD. of the same place , and E.F. of the same 
 
 place , are jointly and severally held, and jointly bound 
 
 unto G H., in the penal sum of $500, for which payment 
 well and truly to be made we bind ourselves and each of ua 
 by himself, our and each of our heirs, executors and admin- 
 istrators firmly by these presents. 
 
 Dated this day of , A.D. 18 
 
 Whereas a certain action was brought in the Queen's 
 Bench Division of the High Court of Justice for Ontario by 
 the said A.B, plaintiff against the said G.H. defendant. 
 And whereas judgment was given in the said Court against 
 the said A.B., who appealed from the said judgment to the 
 Court of Appeal for Ontario. And whereas judgment was 
 given in the said action in the said last mentioned Court 
 on the day of A.D. 1888. And whereas the 
 
 said A.B. complains that in giving of the last mentioned 
 judgment in the said action upon the said appeal manifest 
 error hath intervened, wherefore the said A.B. desires to 
 appeal from the said judgment of the Court of Appeal for 
 Ontario to the Supreme Court of Canada. 
 
 Now the condition of this obligation is such, that if the 
 said A.B. shall effectually prosecute his said appeal and pay 
 such costs and damages as may be awarded against him 
 by the Supreme Court of Canada, then this obligation shall 
 be void, otherwise to remain in full force and effect. 
 
 Signed sealed and | A.B. (seal.) 
 
 delivered in presence r CD. (seal.) 
 
 of ' E.F. (SEAL.) 
 
FORMS. 215 
 
 3. AFFIDAVIT OF EXECUTION. 
 
 Province of ) I, X. Y.,ofthe of 
 
 County of r in the County of and 
 
 To Wit : ) Province of , , make 
 
 oath and say : 
 
 1. That I was personally present and did see the within 
 instrument duly signed, sealed and executed by A. B., C. D. 
 and E. F., three of the parties thereto. 
 
 2. That the said instrument was executed at 
 
 3. That I know the said parties. 
 
 4. That I am a subscribing witness to the said instru- 
 ment. 
 
 Sworn before me at 
 the of in 
 
 the county of ard - 
 
 Province of this day X. Y. 
 
 of A.D. 18 
 
 (Signed) 
 
 A Commissioner, etc. 
 
216 
 
 APPENDIX. 
 
 4. AFFIDAVIT OF JUSTIFICATION BY 
 
 SURETIES. 
 
 I, C. D., of the of , in the County of , 
 
 and Province of , make oath and say, That I am a 
 
 resident inhabitant of the Province of , and am a 
 
 freeholder in the of aforesaid, and that I am 
 
 worth the sum of $1,000, over and above what will pay all 
 my debts. 
 
 And I, E. F., of the of in the County of 
 
 , and the Province of , make oath and say, 
 
 That I am a resident inhabitant of the said Province of 
 , and am a freeholder in the of afore- 
 
 said, and that I am worth the sum of $1,000, over and 
 above what will pay all my debts. 
 
 (Signed) 
 
 CD. 
 E. F. 
 
 The above named deponents, 
 C. D. and E. F., were severally 
 sworn before me in the 
 of in the County of , 
 
 } 
 
 and 
 
 Province 
 day of 
 
 of 
 
 this 
 
 , A.D., 18 
 
 (Signed) 
 
 A Commissioner, etc. 
 
 The affidavits should be entitled in the court in which security is 
 given. 
 
FORMS. 217 
 
 5. CERTIFICATE OF SETTLEMENT OF 
 
 CASE. 
 
 I, the undersigned Registrar (or Prothonotary, or clerk) 
 of the {name of court) do hereby certify that the foregoing 
 printed document from page to page , inclusive, is 
 the case stated by the parties {or settled by the Honour- 
 able Mr. Justice , one of the Judges of the said 
 Court) pursuant to section 44 of the Supreme and Exche- 
 quer Courts Act and the rules of the Supreme Court of 
 Canada, in an appeal to the said Supreme Court of Canada, 
 in a certain cause pending in the said {name of court) 
 between A. B., plaintiff (appellant) and C. D., defendant 
 (respondent.) 
 
 {If a printed copy, of the Bond given Us security for costs 
 forms part of the case, the certificate may continue as follows :) 
 
 And I do further certify that the said A. B. has given 
 proper security to the satisfaction of the said the Honour- 
 able Mr. Justice , as required by the 46th sec- 
 tion of the Supreme and Exchequer Courts Act, such 
 security being a bond to the amount of $500, a printed 
 copy of which is to be found on pages of the said 
 printed document hereto annexed. 
 
 In testimony whereof I have hereto subscribed my name 
 and affixed the seal of the said {name of court) this {date.) 
 
 See section 44 of the Supreme and Exchequer Courts Act, ante p. 34, 
 and rules 1, 2, 3 and 4, ante p. 100. See also section 46, a7ite p. 37 and 
 rule o, ante p. 104. 
 
218 APPENDIX. 
 
 6. APPOINTMENT OF AGENT. 
 
 Bee Rule 16, ante p. 109. 
 
 I, , of the City of , in the Province 
 
 of , practising as an attorney and solicitor in 
 
 the Superior Courts of the said Province hereby authorize 
 , of the City of Ottawa, Esquire, to enter his 
 name as my agent in the agents' book of the Supreme 
 Court of Canada, and to act as such agent in all appeals to 
 that court in which I may be concerned as attorney or 
 solicitor, {or, if the authority is to be limited, in the follow- 
 ing appeal, viz., ) {date) 
 
 7. JUDGMENT ALLOWING APPEAL. 
 
 In the Supreme Court of Caiaada. 
 
 day the day of A.D. 18 . 
 
 Present : 
 
 The Honourable Sir William Johnstone Eitchie, 
 
 Knight, Chief Justice. 
 
 The Honourable Mr. Justice Strong. 
 
 ** " Mr. Justice Fournier. 
 
 " • " Mr. Justice Taschereau. 
 
 " " Mr. Justice Gwynnk. 
 
 '* " Mr. Justice Patterson. 
 
 (7/ any Judge has been absent when judgment was rendered 
 
 add The Honourable Mr. Justice , being absent 
 
 his judgment was announced by The Honourable The 
 
 Chief Justice, or Mr. Justice , pursuant to the 
 
 statute in that behalf.) 
 
 Between A.B. (Plaintiff) Appellant. 
 
 AND 
 
 CD. (Defendant) Kospondent. 
 The appeal of the above named appellant from the judg- 
 ment of the Court of Queen's Bench for Lower Canada 
 
FORMS. 219 
 
 (appeal side) (or of the Court of Appeal for Ontario, or a« 
 the case may he) pronounced in the above cause on the 
 
 day of in the year of our Lord , reversing 
 
 the judgment of the Superior Court for Lower Canada 
 sitting in and for the District of , (or of the Queen's 
 
 Bench Division of the High Court of Justice for Ontario, 
 or as the case may he) rendered in the said cause on the 
 
 day of in the year of our Lord , having 
 
 come on to be heard before this Court on the day of 
 
 in the year of our Lord , in the presence of 
 
 counsel as well for the appellant as the respondent, where- 
 upon and upon hearing what was alleged by counsel afore- 
 said, this Court was pleased to direct that the said appeal 
 should stand over for judgment and the same coming on 
 this day for judgment, this Court did order and adjudge* 
 that the said Appeal should be and the same was allowed, 
 that the said judgment of the Court of Queen's Bench for 
 Lower Canada (appeal side) {or of the said Court of Appeal 
 for Ontario or as the case may he) should be and the same 
 was reversed and set aside, and that the said judgment of the 
 Superior Court for Lower Canada sitting in and for the 
 District of (or of the Queen's Bench Division of the 
 
 High Court of Justice for Ontario, or as the case may he) 
 should be and the same was affirmed. 
 
 And this Court did further order and adjudge that the 
 said respondent should and do pay to the said appellant the 
 costs incurred by the said appellant as well in the said 
 Court of Queen's Bench for Lower Canada (appeal side) 
 {or in the said Court of Appeal for Ontario, or as the case 
 may he) as in this Court. 
 
 {In appeals from the Province of Qaehec when distraction 
 of costs has heen asked for (see ante p. 5'2) add : " the said 
 costs distraits in favor of Messrs A. & B. attorneys for the 
 said appellant.") 
 
220 APPENDIX. 
 
 8. JUDGMENT DISMISSING APPEAL. 
 
 (Formal parts as in preceding down to * then proceed 
 as follows :) 
 
 that the said judgment of the Court of Queen's Bench for 
 Lower Canada (appeal side) {or of the Court of Appeal for 
 Ontario, or as the case may he) should be and the same was 
 affirmed, and that the said appeal should be and the same 
 was dismissed with costs to be paid by the said appellant to 
 the said respondent. 
 
 {If distraction of costs asked for, conclude as in pj'eceding 
 form.) 
 
 g. ORDER MADE IN CHAMBERS. 
 
 In the Supreme Court of Canada 
 the day of , 18 . 
 
 The Honourable Mr. Justice {or The Registrar) in Cham- 
 bers. 
 
 Between A.B. (Plaintiff) Appellant. 
 
 AND 
 
 CD. (Defendant) Respondent. 
 
 Upon hearing , and upon reading the affidavit of 
 
 filed the day of 18 (and ) 
 
 It is ordered (here insert the order made) and that the 
 costs of this application, which are hereby fixed at the sum 
 of be paid by the said to the said 
 
FORMS. 
 
 221 
 
 lo. BILL OF APPELLANT'S CC3TS. 
 
 In the Supreme Court of Canada, 
 Between 
 
 Appellant, 
 and 
 
 Respondent. 
 
 Bill of Appellant's Costs. Feks. PxYMENTg. 
 
 Notice of appeal .| 4 qq 
 
 Lin election appeals, when notice limits 
 
 appeal g OqI 
 
 Notice of giving security 2 00 
 
 Attendance on giving security and paid. 3 00 
 
 Fee on special case 25 00 
 
 [Not taxable in election appeals.] 
 Engrossing and superintending printing 
 of special case, fos. at 
 
 15 cents per folio 
 
 [Not taxable in election appeals.] 
 
 Paid printer as per affidavit 
 
 Paid clerk on transmission, etc., of 
 original case, or record in an elec- 
 tion appeal 
 
 Paid forwarding copies of case 
 
 Paid filing case with registrar $ 10 00 
 
 Engrossing and superintending printing 
 of factum, fog, 
 
 at 15 cents per folio 
 
 Paid printer as per affidavit 
 
 Fee on factum [in the discretion of 
 
 registrar to] 5q qq 
 
222 APPENDIX. 
 
 Bir.i. OK Api'KLLant'h Cohth. Fkks. Patmknth. 
 
 Paid search and inscribing. appeal $ 35 
 
 Allowance to cover fees to counsel and 
 solicitor on hearing iin the discre- 
 tion of the registrar to^ $2oO 00 
 
 Paid postages, telegrams, etc 
 
 Allowance on account of agent's fees 
 under Uule 82 in the discretion of 
 registrar to] 20 00 
 
 Paid search for particulars, to draft 
 
 minutes 25 
 
 Paid entry of judgment 10 00 
 
 Paid taxation and appointment 1 50 
 
 Allocatur 1 00 
 
 Paid filings |10 cents on each filing; ... 
 
 Paid certified copy of judgment 
 
 :$1 00, and 10 cents a folio.] 
 
 Uegistrar's postage 
 
 Total fees, $ $ 
 
 Total disbursements, ...$ 
 
 Taxed off $ 
 
 Taxed at $ 
 
 II. BILL OF RESPONDENT'S COSTS. 
 
 In the Supreme Court of Canada, 
 Between 
 
 and 
 
 Appellant, 
 
 Eespondent. 
 
 Bill of Bespondent's Costs. Fees. Payuhnts. 
 
 Attendance on gi\ Ing security $ 3 GO 
 
 [Not taxable in election appeals.] 
 
l-ORMH. 223 
 
 Bi(,i, OK Rkhpondknt'h Cokth. Fkeh. Paymkntu. 
 
 Fee on special case $25 00 
 
 [Not taxable in election appeals.] 
 
 Engrossino^nd superintending printing 
 of factiim, fos. at 
 15 cents per folio 
 
 Paid printer as per affidavit 
 
 Fee on factum in the discretion of 
 
 registrar to] 50 00 
 
 Allowance to cover fees to counsel and 
 solicitor on hearing |in the discre- 
 tion of registrar to] 200 00 
 
 Paid postages, telegrams, etc 
 
 Allowance on account of agent's fees 
 under Rule 82 iin discretion of regis- 
 trar to) $20 00 
 
 Paid search for particulars, to draft 
 
 minutes 25 
 
 Paid entry of judgment 10 00 
 
 Paid taxation and appointment 1 60 
 
 Allocatur i qq 
 
 Paid filings 10 cents on each filing] ... 
 
 Paid certified copy of judgment 
 
 [$1.00, and 10 cents for each folio.] 
 
 Registrar's postage 
 
 Total fees, $ 
 
 Total disbursements, ...$ 
 
 Taxed off $ 
 
 Taxed at $ 
 
224 
 
 APPENDIX. 
 
 12. AFFIDAVIT O?' DISBURSEMENTS. 
 
 In the Supri 
 
 3me Court of Canada, 
 
 
 Between 
 
 
 
 
 ( 
 and 
 
 ) appellant. 
 
 
 ( 
 
 ) respondent. 
 
 I. 
 
 Province of 
 and say : 
 
 of the of 
 (occupation) 
 
 in the 
 make oath 
 
 1. That I am (a member of the firm of, etc., or a clerk in 
 the office of, etc.), the attorneys or solicitors for the above 
 named and as such have a personal knowledge 
 of the facts hereinafter deposed to. 
 
 2. That on behalf of the said [appellant or respondent) 
 I have paid of the of in 
 said Province, printers, the sums following for the work 
 mentioned, viz.: 
 
 Total, $ 
 
 amounting in all to the sum of 
 
 DATK PAID. 
 
 I'KINTINCi DONE. 
 
 AMOUNT PAID 
 
 ■ 
 
 ("Case in Appeal." 
 " Appellant's or Re- 
 pondent's Factum.") 
 
 $ 
 
 ioo dollars. 
 
 3.- That in addition to the foregoing, I have paid the 
 following sums in this appeal, viz.: 
 
FORMS. 225 
 
 4. That with regard to the foregoing disbursements, I 
 beheve that the amount so paid for printing is fair and 
 reasonable, and the usual and lowest price for which that 
 class of work can be done in the said of 
 
 and that the foregoing amounts further paid as aforesaid 
 were reasonable and proper disbursements in this appeal. 
 
 Sworn before me at the 
 
 of in the Province of 
 
 this 
 day of A.D., 18 
 
 A Commissioner in the 
 
 C.S K.C. 
 
 14 
 
ADDENDA. 
 
 I. 
 
 Since the foregoing pages were printed the court has 
 decided the following cases bearing on the jurisdiction and 
 practice of the court. 
 
 I. Robertson v. IVujI.'. Referred to at page 81. 
 
 JuniSDicTioN — RcLE 2(59, Mahitimk Court of Ontakio— Notick ok intkn- 
 
 TION TO APPEAL. 
 
 Held, 1. Per Ritchie, C.J., and Fournierand Gvvynne, JJ., That Rule 'iC)** 
 of the Maritime Court of Ontario relates to procedure only and does not 
 affoct the jurisdiction of the Supremo Court, and could therefore be 
 waived and was waived. If it did purport to affect the jurisdiction it 
 would be ultra vires of the power given to the Maritime Coux't to make 
 rules. 
 
 2. Per Ritchie, C.J., and Strong, Fournier and Gwynne, JJ., That the 
 judgment of the court below was not pronounced by the judge in open 
 court, but merely handed by him to the registrar to be communicated to 
 the parties, and therefore did not take effect until entered by the 
 registrar; and that within fifteen dayp from that date the solicitors for 
 the appellant gave sufficien'u notice of their intention to appeal by a letter 
 written to the solicitors for the respondent. 
 
 i). Per Taschei'eau, J., That compliance with the rule was a condition 
 precedent to the exercise of jurisdiction by the Supreme Court, and that 
 the notice of intention to appeal was not sufficient. 
 
 Motion to quash dismissed with costs. 11th October, 1888. 
 
228 ADDENDA. 
 
 II. Muir V. Carter. 
 
 JuuisnicTiox — Value of matter in controversy — Bank shares — Sec. 29^ 
 SopiiEiiE AND Exchequer Courts Act. 
 
 Motion to quash for want of jurisdiction, on the ground tliat the vahie 
 of the matter in controversy did not amount to |2,000. 
 
 The appeal arose out of an opposition filed by the appellant to the 
 seizure of thirty-three shares of Molson's Bank stock, part of a larger 
 number seized under a writ of execution to levy ^Hl.Vi.') and interest 
 pursuant to a judgment obtained in a suit of Carter v. Mohon. The par 
 value of the stock was foO per share, equal to 11,(150, but it was shown 
 by affidavit, to the satisfaction of the learned chief justice of the Court 
 of Queen's Bench of the Province of Quebec, that at the time the oppo- 
 sition was tiled and the appeal brought tlie shares were worth ^2,500. 
 The chief justice therefore allowed the appeal. 
 
 Held, That under section 29 of the Supreme and Exchequer Courts 
 Act the sum or value of the matter in controversy determined the right 
 to appeal, and such value was the actual value of the sliares, which was 
 properly established by affidavit to be over |2,000. 
 
 Taschereau, J., dissenting, on the ground that the right to appeal was 
 governed by the statutory value of the shares, ^50 per share, and not by 
 their market value. . . 
 
 Motion dismissed with costs. 11th October, 1888. 
 
 III. Lph EcclJsiastiques du Shiinaire de St. Sulpice de MontrAil v. I,a C't</ 
 de Montrdal. 
 
 Jurisdiction — Future rights — Sec. 29, Hupreme and Exchequer Courts 
 Act. 
 
 Motion to quash for want of jurisdiction on the ground that the matter 
 in controversy was under !S2,000, and did not come within any of the 
 exceptions in sec. 29 of the Supreme and Exchequer Courts Act. 
 
 The action was brought to recover ^3(51 90, the amount of a special 
 assessment for a drain along the property of the defendants. 
 
 Held, That the case came within the words " such like mattex's or 
 things where rights in future might be bound " in par. 6 of sec. 29, and 
 was therefore appealable. 
 
 Motion dismissed with costs. 11th October, 1888. 
 
ADDENDA. 229 
 
 IV. — Angus v. I'he Board oj Trusteen for the School Dintrict of Cuhjarij. 
 
 JuHiauicTioN — Case not orioinatincj in a Supkiiiou Couut — Avpkal fkom 
 Court of Revision — Supreme Court, N. W. T. 
 
 A., et III., the appellants, were assessed by the assessor of the Board 
 of Trustees of the School District of Calgary for certain property in the 
 town of Calgary. The appellants being dissatisfied appealed to the 
 Court of Revision, and being dissatisfied with the decision of the Court 
 of Revision, also appealed under Ordinance 'A of 1885, of the North-west 
 Territories, to the District Court of the High Court of Justice, in which 
 the school district was situated. By Ordinance 5 of 1885, in force when 
 the appeal was taken, the District Courts which were presided over by 
 the Stipendiary Magistrates of the North-west Territories had been 
 merged into the High Court of Justice. The appeal to the District 
 Court of the High Court of Justice was initiated by notice of appeal 
 entered with the clerk of the district court, who issued an ordinary 
 summons returnable at the next sittings of the court, such summons 
 having the notice of appeal attached to it, and the Trustees being defen- 
 dants. At the time of the hearing of the appeal to the district court, 
 the High Court of Justice, thus established by Ordinance 5 of 1885 had 
 merged into the Supreme Court of the North-west Territories by the 
 Dominion Act. 49 Vic. cap. 26, which came into force by proclamation 
 on the 18th February, 1887. The district court, presided over by 
 Rouleau, J., affirmed the decision of the Court of Revision, and the 
 appellants appealed to the Supreme Court of the North-west Territories 
 in banc, which court sustained the decision of Rouleau, J., and the 
 appellants then appealed to the Supreme Court of Canada. 
 
 Held, that the appeal would not lie ; the proceedings not having origi- 
 nated in a Superior Court. 
 
 Appeal quashed with costs. 25th Oct., 1888. 
 
 Note. — This appeal was brought before the passing of 51 Vic. cap. H7, 
 which has amended section 24 of the Supreme and Exchequer Courts 
 Act by adding paragraph (i) to that section. Now, by virtue of this 
 amendment, appeals lie to the Supreme Court of Canada " by leave of 
 the court or a judge thereof from the decision of the Supreme Court of 
 the North-west Territories, although the matter may not have originated 
 in a Superior Court." See ante, p. IS. 
 
 The following case should also have been noted on the subject of 
 jurisdiction : 
 
230 ADDENDA. 
 
 V. — Walsh V. Hefferman. 
 
 Jdrihdiction — Quo Warranto. 
 
 An appeal from a decision of the Court of Queen's Bench for Lower 
 Canada (appeal side), (M. L. R. 2 Q. B. 482), was quashed for want of 
 jurisdiction, the proceedings being by quo warranto, as to which no appeal 
 is given by the statute. 
 
 Hrd March, 1887. 
 
 II. 
 
 Sections of the Riilway Act, 51 Vic. cap. 29, respecting 
 cases to be stated for the opinion of the Supreme Court of 
 Canada by the Railway Committee of the Privy Council. 
 
 Section 19. The Railway Company may, if it thinks fit^ 
 at the instance of any party to the proceedings before it, 
 and upon such security being given as it directs, state a 
 case in writing for the opinion of the Supreme Court of 
 Canada upon any question which in the opinion of the 
 committee is a question of law. 
 
 Section 20. The Supreme Court of Canada shall hear 
 and determine the question or questions of law arising 
 tliereon and remit the matter to the Railway Committee^ 
 with the opinion of the court thereon. 
 
 Under these sections there has been stated for the opinion of the court 
 a case on the application of the Hon. Joseph Martin, Railway Commis- 
 sioner for Manitoba in re the crossing by the Portage extension of the 
 Red River Valley Railway and the Pembina Mountain Branch of the 
 Canadian Pacific Railway. 
 
 This is the first case referred under these sections. 
 
INDEX 
 
 ABANDONMENT— 
 
 of appeal by delay, in ordinary appeals, 45, 125 
 in criminal appeals, 73 
 ABRIDGING TIME— 
 
 for doing any act or taking any proceeding, 142 
 ABSENCE— 
 
 of judge at delivery of judgment, in case of, judgment may be 
 
 delivered by majority of judges present at hearhig, !) ' 
 
 of registrar, provision for, 150 
 
 examination of any person owing to, may be ordered, 02 
 ACT— 
 
 of Parliament of Canada, appeal when question relates to validity 
 
 of Legislature of Ontaiio limiting appeals, 24 
 
 of councils or legislative bodies of territories or districts anneal 
 when question relates to validity of, 21, 78 "'''^' ""^^""^^ 
 
 ACTING REGISTRAR- 
 
 rule respecting, when registrar absent, 150 
 ACTS— 
 
 certain, applied to officers, etc., of Supreme Court, 8 
 ADJOURNMENT— 
 
 of sittings of court till quorum present, 10, 144 
 of any session of court from time to time, 10 
 
 notice of, to be given in Caiiada Gazette, 10 
 AFFIDAVIT— 
 
 "'°C!'e°;ifcott.':t'"''*" '"■ '" "»» '" «"'■"- "^ 
 commissioners for receiving may be appointed, 60 
 
 how commissioner to be styled, 60 
 before whom to be taken out of Canada, 60 
 
 no proof of signature or seal of commissioner, etc., required, 
 
232 INDEX. 
 
 AFFIDAVIT —Continued. 
 
 no informality in, to be an objection to, 62, 141 
 
 nor set up to defeat indictment for perjury, (>2 
 that reasons of judges cannot be obtained to be used in case, H/), 101 
 interlocutory applications to be by motion supported by, 122 
 copy of any, to be served with notice of motion, 123 
 
 AFFIRMATION— 
 
 See Affidavit. 
 
 AGENT— 
 
 name of, to be entered in " agents' book," 109 
 
 who may be, 109 
 
 must be entitled to practise in Supreme Court, 109 
 
 form of appointment of, 110 
 
 duties of. 111 
 
 notice of motion may be served on, 123 
 
 allowance to be taxed to, 152 
 
 AGENTS' BOOK— 
 
 to be kept in office of registrar for names of agents, 109 
 
 AMENDMENTS— 
 
 necessary, may be made, 53 
 
 whether necessity occasioned by party applying or not, 53 
 to be made on terms, 53 
 case may be remitted for, and when, 54 
 
 application to remit, should be to a judge, 54 
 to judgment, may be ordered, 54 
 
 APPEAL- 
 
 what expression includes, 3 
 
 to Supreme Court, in what cases it shall lie, 11 
 
 from final judgments, 11 
 
 from judgment upon special case, 11 
 
 or upon points reserved at the trial, 11 
 
 or upon motion for new trial, 11 
 
 or upon motion to set aside award, 12 
 
 decrees, etc., in equity, 12 
 
 in cases of habeas corpus, mandamus and municipal by-laws, 
 12, 25 
 
 in cases in certain provinces when matter in dispute S250 
 or upwards, where court of first instance possesses con- 
 current jurisdiction with a superior court, 13 
 
 from Supreme Court, North-west Territories, 13 
 
 in criminal ca^es, 17, 72 
 
iNDwx. 238 
 
 APPEAL -Continued. 
 
 to Supreme Court in election cases, 17, 82 
 
 in exchequer cases, 17, 77, 125 
 
 in maritime cases, 17, 80 
 
 in cases under Windinj^f-up Act, 17, 5)1 
 to be from highest court of last resort, IH 
 by consent from court of original jurisdiction, 18 
 per saltum, by leave, 18 
 
 but not from Province of Quebec, 18 
 
 special circumstancaa to b ) shown to justify, 1!) 
 none from orders, etc., made in "3x^rci3c of judicial discretion, 20 
 
 exceptions, 20 
 from Province of Quebec, in what cases, 21 
 
 to ba only from Court of Queen's Bench, 22 
 right of, proposed to be limited by Act of Legislature of Ontario, 
 
 24 
 in habeas corpus cases to be heard at an early day, 26 
 
 procedure in, to be in conformity with practice of judicial com- 
 mittee, when not otherwise provided for, 30 
 
 to be brought within 00 days from signing, entry or pronouncing 
 of judgment, 80 
 
 exceptions, 30 
 
 time may be extended under special circumstances, 32 
 
 but not in election appeals, 33 
 
 notice of, in certain cases to be given within 20 days after 
 decision, 11, 12, 31 
 
 in criminal appeals within 15 days, 32, 73 
 
 in exchequer appeals by crown within 30 days, 32, 78 
 
 in maritime appeals within 15 days, 32, 80 
 security to be ^iven in, 37, 39 
 
 approving of, a mode of allowing, 33, 89 
 
 obtaining allowance of appeal and giving security sufficient 
 to bring case into Supreme Court, 34 
 to be upon a case, 84 
 execution stayed on, if security given, 40 
 discontinuance may be filed in, 43 
 consent to reversal of, may be given by notice, 44 
 
 and judgment of reversal given, 44 
 dismissal of for want of prosecution, 44 
 
 at hearing if appellant fails to appear, 52 
 
 abandoned, if not brought on for hearing within one year after 
 security given, 45, 125 
 
 parties may be added to by suggestion, 46, 47, 121 
 
 must be heard on case as transmitted, 47 
 
 to be set down on list by registrar at least 14 days before hearing, 
 48, 117 
 
284 INDEX. 
 
 AFPEAIj— Continued. 
 
 liearinu of, to be in order in which received for entry, 48 
 and in which set down, 120 
 cannot be set down unless filed 20 clear days before first day 
 
 of session, 49, 117 
 nor unless appellant's factum deposited, 49 
 
 may be set down for, ex parte, if respondent fails to deposit 
 factum, 114 
 
 notice of hearinj^ to be f^iven and when. 107 
 
 form of notice of, 10.S, 14(5 
 
 when notice of, to be served, 108 
 
 how to be served, 108 
 
 may be postponed, 120 
 
 if either party fail to appear at, court may hear other party 
 and ^ive judf»ment or postpone hearing;, 12l) 
 inscription of, practice generally with reference to, 117 
 (luashinfj, when no jurisdiction, or brou<»ht aj^ainst good faith, 49 
 
 Supreme Court niiy dismiss or give judgment court below should 
 have given, 50 
 
 costs of, may ba ordered to be paid, 50 
 
 execution will net issue out of Supi'eme Court to enforce 
 payment of general costs of, 52 
 
 except in election appeal, 52 
 
 but will for interlocutory costs, 52 
 interest to be allowed when execution delayed by, 55 
 judgment of Supreme Court in. to be certified to court below, 55 
 to Privy Council, pi'actice on, 57 
 from Exchequer Court in certain cases when Act of Legislature of 
 
 a province passed consenting, 58 
 counsel at hearing of, rules as to, 118 
 orders in, how to be signed and dated, 121 
 interlocutory applications in, to be by motion, 122 
 from Exchequer Court, what rules applicable to, 125 
 
 APPELLANT— 
 
 to give proper security, 37 
 may discontinue appeal by giving notice, 43 
 may be added by suggestion, 46, 47, 121 
 death of one of several appellants, 40 
 
 of sole appellant or all appellants, 46 
 insolvency of, 47, 121 
 
 other causes requiring addition of, 47, 121 
 to file case within one mouth after security allowed, 44, 102. 
 to print case, 104 
 to serve notice of hearing, 107 
 
 when and how, 108 
 
INDEX. 285 
 
 APPELLANT— 6'oHhnMed. 
 
 appearance by, in person, 112 
 
 to deposit factum, 118. See Factum. 
 
 may inscribe ex parte if respondent's factum not deposited, 114 
 
 to deposit factum in cross appeal one week after respondent's fao* 
 turn in cross appeal deposited, 139 
 
 APPELLATE JURISDICTION— 
 
 of Supreme Court within and throu<|hout Canada, 11 
 See J ur indict ion. 
 APPENDIX— 
 
 contents of, 169 
 
 APPOINTMENT— 
 
 to tax costs to be obtained from registrar, \'A 
 
 ATTACHMENT— 
 
 as for contempt, not to issuefor non-payment of money only, 62, 67 
 rules relating to, 155, 159 
 form of writ of, 159 
 
 ATTORNEY— 
 
 who may practise as, in Supreme Court, 08 
 
 practising in Supreme Court to be officers of such court, 9 
 
 may enter name of agent in agents' book, 109 
 
 respondent represented by attorney or solicitor in court below may 
 appear in person in appeal on filing suggestion, 110 
 
 or solicitor representing re.sp indent in court below to be attorney 
 or solicitor in appeal, if no suggestion filed or order made 
 changing. 111 
 
 respondent who appeared in person in court below may appear by 
 attorney or solicitor in appeal. 111 
 
 or solicitor may be changed on ex parte application, 11;] 
 
 ATTORNEY-GENERAL— 
 
 of proper province to be served with notice of appeal in criminal 
 cases, 73 
 
 AT LEAST— 
 
 meaning of, 143 
 
 AWARD— 
 
 appeal to lie from judgment upon motion to set aside, 12 
 or upon any motion by way of appeal from, 12 
 
 BAIL— 
 
 power to, in habeas corpus cases, 26 
 
 commissioners for administering oaths who reside within Canada 
 may take recognizances of, 66 
 
236 INDEX. 
 
 BANKUIIPTCY— 
 
 See Imolreticy. 
 
 HAURI8TERS— 
 
 who may practise aa, in Supremo Court, 8 
 
 practiHin^ in Supreme Court to be officers of such court, 9 
 
 BILLS- 
 
 private, may be referred to judges by Senate or House of Com- 
 mons, 21) 
 
 BOND— 
 
 copy of, given as security, to accompany case, lOi 
 form of, 214 
 
 BOOKS— 
 
 to be kept by registrar to record proceedings, 142 
 
 BRITISH COLUMBIA— 
 
 appeal allowed in cases from, when matter in dispute ^250 or 
 upwards, and court of first instance possesses concurrent 
 jurisdiction with a superior court, IH 
 
 County Court jurisdiction in, 184 
 
 cases from, to be set down on part three of list of appeals for 
 hearing, 48 
 
 Act of Legislature of, consenting to exercise of special jurisdiction 
 by Supreme and Exchequer Courts, 51( 
 
 criminal and haheant corpun appeals from, when case to be filed, 126 
 and notice of appeal served, 127 
 
 BRITISH NORTH AMERICA ACT, 1867— 
 
 sec. 101, provides for establishment of general court of appeal for 
 Canada, 3, 76 
 
 sec. 91, No. 27, gives legislative authority to Parliament of Canada 
 over criminal law, excepting constitution of courts of criminal 
 jurisdiction, but including procedure in criminal cases, 7<) 
 
 BY-LAWS— 
 
 of municipal corporation, appeal from judgment quashing, or 
 refusing to quash, 12 
 
 cases of, excepted from effect of certain provisions, 25 
 
 CANADA GAZETTE— 
 
 notice of adjournment of any session of court to be published 
 in, 10 
 
 notice convening court to be published in, 11 
 
 CAPIAS— 
 
 judgment in proceedings on, appealable, 16 
 
INDEX. 287 
 
 CAULETON, COUNTY OF— 
 
 Hheriff of, to be ex officio officer of Supremo Court, 5 , 
 CASE— 
 
 appeal to be upon, .'{4 
 
 *" ^ludKe!'34';%2'"'"^'' "'" "' *'^'"'* "^ 'l^ff«'«nee, nettled by a 
 
 what it shall contain, ;J4, 101, 101, 10(; 
 
 must be printed, 37, 104 , ■" . 
 
 •xceptionw, :J7, 12(i 
 fllinj,' of, to be first procoedin« in appeal in Supreme Court, a:,, loO 
 
 this subject to rif{ht to make applications for certain nur- 
 IKjses before case filed, 100 
 
 must be certified under seal of court api)ealed from, 100 
 and transmitted by proper officer of court below, .{(i. 
 must contain formal judgment of courts below, 'a-> 
 and reasons of ju(l<,'es of courts below, .-J;"), 101 
 
 or affidavit that they cannot be obtained, 'A'), 101 
 also copy of any order enlarging time for appealinj^, 3r>, 101 
 may be remitted for addition of further matter, 35, loi, 102 
 matter improperly inserted in, will not be taxed, 3':, 102, m\ 
 should be filed within one month after security aV.ovved, 30, 102 
 
 if not, respondent may move to dismiss, ;02 
 
 application xor dismissal, to be in chamSers, 103 
 
 but time may be extended, 35, 103 ' 
 
 must be accompanied by certificate of security having been given 
 and copy of bond, 35, 102. " 
 
 and by certified copies of exhibits, unless dispensed with or printed 
 
 111 CftSG, lUi) 
 
 must be printed by appellant, 35, 104. 
 and twenty-five copies deposited with registrar, 35, 104 
 form and style of, 105. 
 
 ""^^^ nl'whe!" lir"'" '^'^^' ^""*"'" P*'* °^' '"''y ^^ '"'^'^«' 
 application to amend should be to a dge, 36 
 in criminal and habeas corpus appeals may be written, 30, 7(5. 
 not to be filed unless rules as to printing complied with, 105. 
 fees allowed for printing, 10(5 
 
 """^be hei?d ^uT^ '''*"''" ^^^^ ^^^''''^ ^^^''°" ^^ "^'""^'^ *PP^*1 *o 
 further time for filing may be given, 124 
 
 CASES CITED— 
 
 table of, xviii 
 
288 INDEX. 
 
 CERTIFICATE— 
 
 to case, under seal of proper officer of court below, 100 
 
 form of, 217 
 
 that security given to accompany case, 104 
 
 of judfjment of Supreme Court to be sent by registrar to court 
 below, 55 
 
 of costs awarded against crown to be sent by registrar to Minister 
 of Finance, 165 
 
 CERTiORARI— 
 
 writ of, may issue, and when, 28 
 
 CHAMBERS— 
 
 registrar appointed to transact business in, 152 
 
 CHIEF JUSTICE— 
 
 word "judge " includes, 3 
 
 salary of, 5 
 
 oath of office to be administered to, by Governor-General, or person 
 administering government of Canada, in council, (3 
 
 to administer oath of office to puisne judges, 6 
 
 may convene court at any time, 10 
 
 CIVIL SERVTC' ACT— 
 
 to apply officers, clerks and servants of Supreme Court, 8 
 
 CIVIL SERVICE SUPERANNUATION ACT— 
 
 to apply to officers, clerks and servants of Supreme Court, 8 
 
 CLEAR DAYS— 
 
 meaning of, 143 
 
 COMMISSIONERS— 
 
 to administer affidavits, etc., for use in Supreme and Exchequer 
 Courts may be appointed by Governor in f'ouncil, 00 
 
 style of, 00 
 
 of H. M. High Court of Justice in England nniy take affidavitis, 
 etc., to he used in Supremo and Exchequer Courts, 00 
 
 no proof of signature or seal of connnissioner re(|nired, 01 
 
 residing within Canada, may take acknowledgments of recog- 
 nizances of bail in Supreme Court, CO 
 
 COMMITTAL— 
 
 judgment or order retiuiring the doing or abstaining from any Act, 
 other than payment of money, may bo enforced by, 22 
 
 COMMON LAW— 
 
 the Supreme Court, a court of common law and equity, 3 
 
INDEX. 239 
 
 COMPUTATION OF TIME - 
 
 rules as to, 143 ' ' 
 
 CONSENT— 
 
 appeals from court of original jurisdiction by, 18 
 CONSOLIDATED REVENUE FUND— 
 
 salaries and retiring allowance of judges to be paid out of, 5 
 
 costs awarded against crown tc be paid out of, 68 
 
 proceeds of sale oi stamps to ba paid iuto, (18 
 
 CONSUL-- 
 
 affidavit, etc.. may be administered before, 60 
 
 CONTEMPT— 
 
 no attachment as for, to issue for non-payment of money, r,2 
 for non-compliance with order, how puni?hed, 135 
 
 CONTROVERTED ELECTIONS- 
 
 See Election Appealx. , 
 
 CONVENING COURT— 
 by notice, 10 
 
 CONVICTION— ] 
 
 See Crimhial Appeals. 
 CORONERS— 
 
 process to be directed to, wlien sheriff disqualified, 66 
 to be paid same fees as sheriffi-, 16") 
 COSTS— 
 
 no appeal lies for deciding mere question of, 17 
 
 of appeal may be taxed wlien discontinuance filed 43 
 
 '"' oi"afned?43^'^"^' ''''' "' "^'^^'^ '°^' ^^"^ P^^™-* 
 may be ord^emi^tj. be paid when appeal quashed for want of juris- 
 
 but not when objection taken by court at hearing 49 
 
 ''^'*'arilT*'""i ^^'" ''' ''^'■'''^"* moment, general costs of 
 appeal, and fee on motion to (piasli given 4<) 
 
 ^'"'aH/eairr,0 ' ^''^"""'" ^""'' *° "'■''^'" 1"^>'"'«"* "^' ''" "^'l^^^ry 
 
 and in election appeals, .W, 85, 8!) 
 
 judges of ^Supreme Court, or any five, may make rules regulatmg, 
 
 to be taxed pursuant to tariff, 51, 130 
 tariff of, 148 
 
240 INDEX. 
 
 CO^TS— Continued. 
 
 provisions as to, gpnerally, 53, 131 
 practice on taxation of, 133 
 
 between solicitor and client, not taxed by re<:»istrar, 133 
 as a j^eneral rule allowed to successful party, rjl 
 but no costs given when objection first taken at hearing, 51 
 nor when court equally divided, 51 
 not given in hahen.i corpus appeals, 51 
 nor in criminal appeals, 51, 7(5 
 in interlocutory applications may be fixed, 52 
 payment of, may be enforced by such writs as court prescribes, 
 52, (J() 
 
 of appeal will not be enforced by execution from Supreme Court, 
 
 52 
 but otherwise with interlocutory costs, 52 
 and costs in election appeals, 52 
 in election appeals, provisions as to, 85, 81) 
 distraction of, when granted, 52 
 awarded to or against crown, how to be paid, fiS, lfi5 
 in maritime appeals, procedure of Supreme Court to apply to, 80 
 
 appeals under Winding-up Act not proceeded with may be 
 dismissed with or without, '.)2 
 
 security for, when and how to be given. See Security. 
 
 hearing of appeal may be postponed upon terms as to, and when. 
 
 120 
 court or judge may order payment of fixed sum for, 134 
 how payment of, may be enforced. 134 
 allowance to be taxed to entered agent in discretion of registrar to 
 
 120 : 152 
 
 COUNSEL— 
 
 who may practise as, in Supreme Court, 8 
 
 practising in Supreme Court, to be officers of such court, !l 
 
 no more than two to be heard on any appeal and one in I'eply, 110 
 
 cases in which this rule has been relaxed, 119 
 order in which heard, 119 
 fee to, on motion to quash, 49 
 fees to, generally, 130 
 
 COUNTIES— 
 
 sheriffu of respective, to be ex officio officers of Supreme Court 66. 
 
 COUNTY OF CAKLETON— 
 
 sheriff of, to be ex officio officer of Supreme Court, 5 
 
INDEX. 241 
 
 COUNTY COURTS— :'• , 
 
 ^"'' wheir\;f ''''" *° Supreme Court in cases originating in, aii.I 
 
 Htatntea regulating jurisdiction of, in Nova Scotia, 13, 181 
 
 in New Brunswick, i;^, 18H , , 
 
 in British Columbia, 13, 181 
 
 in Prince Edward Island, 13, 188 
 
 no appeal in cases originating in, of Ontario, 105 
 
 COURT— 
 
 appealed from, the, what expression means, 3 
 
 "*''™'/"'h^"*''"°V'"''' "^' '''' *" P^"^*'"g additional copies of 
 case for Supreme Court, 105 ^ 
 
 CRIMINAL APPEALS- 
 
 Act relating to, 72 
 notice of appeal to be given in, 32 
 may be on written cass, 36 
 no security required in, 38 
 no costs given in, 51 
 who may bring, 72 
 
 how Supreme Court may deal with, 73 
 
 no appeal allowed if court affirming conviction unanimous. 73 
 notice m writing to be served on Attorney-General for province 
 within 15 days after affirmance, 73 province 
 
 judgment of Supreme Court in. to be final and conclusive, 73 
 when new trial may be granted in, 73 
 no appeal to Privy Council in, 74 
 rules relating to, 7(5 
 
 no printed case or factum recpiired, no fees to be paid registrar and 
 no security to be given in. 7(1. 11(5, 12(i registrai and 
 
 practice as to setting down for hearing. 118 
 certain rules not to apply to, 126 
 
 from other provinces to be filed one month before, 126 
 CRIMINAL CASES— 
 
 an Act respecting procedure in, 50-51 Vic. c. 60 : 2 
 See ('riiniiKil Appeah. 
 
 CRIMINAL JURISDICTION— 
 
 of Supreme Court, appellate within and throughout Canada, 11 
 See Crim/nat Appeah. 
 C>S>E.C> -J n 
 
242 INDEX. 
 
 CRIMINAL PROCEDURE ACT, THE— 
 
 sections of, relatiiij^ to appeals to Supreme Court repealed and 
 
 otliers substituted, 72 
 section 265 of, am-jnied, 74 • ' 
 
 CROSS APPEALS— 
 
 not nec33sary for respondent to give notice of motion by way of, ISO 
 
 but he should give notice of intention to contend that decision of 
 court bjlovv should be varied, 13(), 138 
 
 effect of omission to give such notice, 136, 138 
 
 fifteen days' notice to be given, 13',t 
 factums in, when to be deposited, 130 
 practice of judicial committee of Privy Council as to, 137 
 
 CROWN— 
 
 judges may make rules as to payment of costs in favor of and 
 
 against, 67 
 costs awarded against, how to be paid, 165 
 
 DEATH— 
 
 of one of several appellants, 46 
 
 of sole appellant, or all appellants, 46 
 
 of one of several respondents, 46 
 
 of sole respondent, or of all respondents, 47 
 
 of any party, additional party or parties may be added by sug- 
 gestion, 121 
 
 such suggestion may be set aside on motion, 122 
 in event of, batween hearing and judgment, judgment may be 
 entered 7iunc pro tunc, 47, 121 
 
 DECLARATION— 
 
 See Adidavit. 
 DECREE— 
 
 or decretal order, appeal to be from any, in any action, suit, cause, 
 matter, or other judicial proceeding instituted in any 
 Superior Court of Equity, 12 
 
 or in the nature of a suit or proceeding in equity, 12, 20 
 
 except in Province of Quebec, 12 
 
 DELAY— 
 
 dismissal of appeal for, 44, 102 
 
 See Dismissal of Appeal, 
 for certain proceedings. 
 
 See Time. 
 
 DEMURRER— 
 
 appeal lies from judgment on, which finally puts an eud to part of 
 an action, 15, 16 
 
INDEX. 243 
 
 DEPOSIT— 
 
 as security, in election appeals, 38, 83 
 in exchequer appeals, 77 
 DEPOSITIONS— 
 
 taken^u,.ler S. & E. C. A. may be used in evidence, and when, 
 
 DISCONTINUANCE— 
 
 notice of, may be given by appellant, 43 
 proceedings thereon, 43 
 DISCRETION- ' 
 
 no appeal from orders made in exercise of, 20 
 exceptions, 20 
 
 °' ^Kw.%'?'''' *" '"'^'^ P^>^™^"* °^ «^^^^ ol appeal or of court 
 
 DISMISSAL OF APPEAL- 
 
 for want of prosecution under section 53 of Act, 44 
 motion for, should be made to a judge, 45 
 
 but in election appeal to the court, 45 
 appeal held abandoned without motion for, if not brou^^ht on for 
 
 hearing within one year after security allowed, 45 
 the practice of judicial committee as to 45 
 
 """'haTe Sven, 5^ '"""^' ""' ^'^^ ^"''^""^-* ««"-' below should 
 at hearing, in default of appearance by appellant, 63, 120 
 for not fihng case within one month after appeal allowed, 102 
 for not filing factum, 114 
 
 DISTRACTION OF COSTS— 
 
 when granted, 52 
 DISTRICTS OF CANADA- 
 
 appeal when question relates to any Act or ordinance of, 21 
 DOCUMENTS— 
 
 certified copies of. used in evidence to be deposited with r.^istrar, 
 
 but order may be obtained for transmission of originals, 106 
 DOMICIL— 
 
 may be elected by practitioners and entered in agents' book 109 
 election of, by respondent appearing in person in appeal, 112 
 DOMINION OF CANADA- 
 
 Excliequer Court^ to have jurisdiction in controversies between 
 Dominion and any province passing an Act agreeing thereto^sS 
 
244 INDEX. 
 
 DOMINION OF C A^ti AD X— Continued. 
 
 or between provinces passing such an Act, 58 
 
 an appeal to Supreme Court in such cases, 58 
 
 when Act of Parliament of, in question. Supreme Court to have 
 jurisdiction, when legislature passes enactment, 5!i 
 procedure in such cases, 59 
 
 DUTY— 
 
 payable to H. M., appsal lies when question relates to, 21 
 ELECTION APPEALS— 
 
 special provisions relating to, 82 
 
 appeal to lie from judgment, etc. 1. On preliminary objection, 
 and when. 2. On question of law or of fact of judge who haa 
 tried petition, 82 
 
 rule laid down as to reversing on matters of fact in, 82 
 
 what a preliminary objection from judgment on which appeal will 
 lie, 83 
 
 appellant to make a deposit within eight days of ^100 as security 
 for costs and ^10 for transmitting record, 38, 83 
 
 clerk of court below to transmit record in, 84 
 
 registrar of Supreme Court to set appeal down for hearing at near- 
 est convenient time, 84 
 
 take precedence on list for hearing. 48 
 
 provision as to extending time for appealing does not apply to 
 election petition, 33, 84 
 
 rules specially applicable to, 36, 84, 128 
 
 appellant to give notice within three days of setting down, 32. 84 
 
 time may be extended, 85 
 
 may limit appeal by such notice, 85 
 Supreme Court to give decision, court below should have given, 85 
 and may make such order as to deposit and costs as it thinks just, 
 85 
 
 execution for costs may issue in, 52 
 
 when evidence has been improperly rejected may cause witness to 
 be examined, 85 
 
 judgment in, to be certilied by registrar to Speaker of House of 
 Commons, 86 
 
 judgment in tinal, and no appeal to Privy Council, 86 
 
 what judge of court below to report in election case, 89 
 
 Supreme Court may adjudge as to costs of court below, 90 
 
 how costs of court below to be recovered, 90 
 
 motion for dismissal of election appeal should be to court, 45 
 
 factum in, to be printed and interchanged as in ordinary appjals, 
 116, 129 
 
 and to be deposited three days before session, 116, 129 
 
INDEX. 245 
 
 ELECTION APPEALS— Conr/HM^rf. ' ;- 
 
 factum in, may be dispensed with 116, 130 
 
 practice as to inscription of, for hearing, 118 
 
 certain rules not applicable to, 128 
 
 appellant to deposit with registrar sum required to print record, 
 
 forty-five copies of record to be printed, 129 
 
 f'.ppellant to receive ten copies of record, 12!» 
 
 respondent to receive ten copies upon payment of proportion of 
 
 printing of record may be dispensed with on application, 130 . 
 ELECTION PETITION- 
 
 See Election Appeals. 
 EQUITY— 
 
 appeal to lie from judgment, decree, decretal order, or order in 
 proceedmgs in, or in nature of proceedings in, 12, 20* 
 except in Province of Quebec, 12 
 the Supreme Court a court of common law and, 3 
 ERROR IN LAW— 
 
 when alleged, proceedings in Supreme Court to be in form of 
 appeal, 34 
 
 EVIDENCE — 
 
 provisions respecting, 60 
 
 although verdict against weight of, new trial may be ordered by 
 Supreme Court, 50 J ^ "y 
 
 when new trial ordered by court below, because verdict against 
 
 w.3ight of. Supreme Court will not entertain appeal, 50 
 when improperly rejected at trial of election petition, the Supreme 
 Oourt may cause witness to be examined, 85 
 See Examination. 
 EXAMINATION— 
 
 °^ '"otlJerwiTe "(53^ ^^ °''^^''^'^ *° ^« ^^^^en on interrogatories or 
 
 before whom, 68 
 
 order may contain directions respecting, 63 
 
 party examined called a " witness," 63 
 
 duty of person taking, 63 
 
 further, may be ordered, 63 
 
 penalty for non-compliance with or<'rr for, 63 
 
 notice of, to be given to adverse party, 64 
 
 refusal to attend, a contempt of court, 64 
 
 as to production of papers at, 64 
 
246 INDEX. 
 
 EXAMINATION— CouN/juerf. 
 
 consent of parties to, to take place of order, G4 
 
 to be returned to court, 01 
 
 depositions taken on, may be used in evidence, and when, 60 
 
 taken out of Canada, how proved and returned, 65 
 
 notice of return of, may be given by any party examined, 65 
 
 readinj» of, must be objected to within time and manner prescribed 
 by general order, 65 
 
 EXCHEQUER APPEALS- 
 
 excepted from effect of certain provisions, 25 
 
 special provisions relating to, 77 
 
 850 to be deposited with registrar of Supreme Court as security in,, 
 within thirty days after decision, 77 
 
 time may be extended by judge of Exchequer Court, 77 
 
 notice of appeal in lieu of deposit to be given by crown, 32, 78 
 
 to be set down for hearing on first day of next session by registrar 
 
 when deposit made or notice given, 77, 118 
 notice of setting down, to be given within ten days, 32, 77 
 
 may limit appeal to any defined questions, 77 
 matter in controversy must exceed 8500 : 77 
 
 exceptions, 78 
 
 in excepted cases appeal to be allow »d by a judge of tha 
 Supreme Court, 78 
 
 procedure in, governed by ordinary rules of Supreme Court, 79 
 
 certain rules specially applicable to, 125 
 
 how procedure in, differs from that in ordinary appeals, 125 
 
 EXCHEQUER COURT— 
 
 continued by 60-51 Vic, c. 16 : 2 
 
 jurisdiction, taken away from Supreme Court judges, 2 
 
 special jurisdiction may be given to, by Act of legislature of any 
 province : 1. In controversies between Dominion and 
 such province. 2. In controversies between any two. 
 provinces, 58 
 appeal lies in such cases to Supreme Court, 58 
 
 EXECUTION— 
 
 stayed upon certain conditions wlien appeal brought, 40 
 
 ' cases relating to stay of, 43 
 
 such writs of, to be issued as court prescribes, 52 
 
 writs of, prescribed by rule, 52 
 
 not issued from Supreme Court to enforce payment of genera) 
 costs of appeal, 52 
 
 except in election appeals, 62 
 
 will issue for interlocutory costs, 62 
 
 when delayed by appeal, interest to be allowed, 55 
 
INDKX. 247 
 
 EXECUTION— Cont/nm/. 
 
 prosess of, to enforce paym3nt of costs, 6f> 
 
 fjeneral order regulating writs of, and practice relating to, 66, 155 
 
 EXHIBITS— 
 
 material parts of, to be printed in case, iH), 106 
 
 certified copies of, to be deposited with registrar, with case, lOfi 
 
 but order may be obtained for transmission of originals, 36, 106 
 
 EXTENDING TIME— 
 
 for filing case or factum, or for inscribing, 124 
 
 generally, for doing any act, or taking any proceeding, 142 
 
 grounds on which application for, may be granted, 142 
 
 EXTRADITION— 
 
 no appeal in case of proceedings for or upon writ of habeas corpui 
 arising out of any claim for, 25 
 
 PACTUM- 
 
 each party to deposit twenty-five copies of, with registrar fifteen 
 days before first day of session at which appeal to be heard, 113 
 what to contain, 113 
 to be printed in same manner and form as case, 114 
 
 if not deposited by appellant in proper time, respondent may move 
 
 to dismiss appeal, 114 
 if not deposited by respondent in proper time, appellant may 
 inscribe causae lor hearing ^.r parte, 114 
 such inscription may be set aside on application, 114. 
 first deposited to be kept under seal, 115 
 parties to interchange three copies of, 115 
 may ba supplemented by list of additional authorities, 115 
 
 further reasonable time for depositing may be given by court or 
 judge, 124 
 
 none required in criminal or habeas corpus appeals, 76, 116, 126 
 
 in election appeals, to be printed as in ordinary appeals, 116, 125) 
 
 to be deposited three days before session, 116, 129 
 
 may be dispensed with, 116, 130 
 in cross appeal, of respondent, to be deposited within two days 
 after notice given him under Rule 61 : 139 
 
 of appellant., to be deposited within one week after service 
 of notice, 139 
 
 such factums to be interchanged, 139 
 
 translation of, may be required by any judge, 140 
 
 party depositing shall cause translation to be printed, 140 
 
 FEE OF OFFICE— 
 
 appeal when action, etc., relates to, 21 
 
248 INDEX. 
 
 FEES— 
 
 to registrar to be paid in Htainps, 68, 158 
 
 tariff of, 130. 1 17, ir>» 
 between party and party to be taxed pursuant to tariff, 130 
 
 lELONY— 
 
 any person convicted of, wlien conviction has been affirmed by 
 court of last resort, may appeal to Supremo Court, 72 
 but not when court afltirmiiin conviction is unanimous, 73 
 
 FIAT— 
 
 to sheriff, to stay execution when security perfected, 48 
 for increased counsel fee, 133 
 
 FIERI FACIAS— 
 
 See Execution, IVritx. 
 
 FINAL JUDGMENTS— 
 
 appeal to be from, 11, 15, 21 
 
 exceptions, 15 
 
 cases in which judgment held final, 15 
 
 judgment on demurrer, not finally putting an end to any part of 
 an action, not final, Ki 
 
 FINANCE MINISTER— 
 
 judgment or order awarding payment of costs by Crown to be 
 certified to, 1C5 
 
 FORMA PAUPERIS— 
 
 no power to admit an appeal in, 38 
 FORMAL OBJECTION— 
 
 no proceeding to be defeated by, 141 
 
 FORMS— 
 
 affidavit of disbursements, 223 
 affidavit of execution of bond, 216 
 affidavit of justification, 217 
 appointment of agent, 218 
 bill of costs, appellant's, 221 
 
 respondent's, 222 
 bond for security for costs, 214 
 certificate of settlement of case, 217 
 judgment, allowing appeal, 218 
 
 dismissing appeal, 220 
 notice of appeal, 213 
 notice of hearing appeal, 146 
 
INDEX. 249 
 
 FORMS— Continued. 
 
 notice c!illiiii{ special Hession, 14(J "' 
 
 order made io chambers, 220 ' ' 
 
 writs of.//. j(i., 1.% , 
 
 of tJen. t'x., 158 
 
 attaclimeut, 15!) 
 priDcipe for writ, KiO 
 
 FORTHWITH— 
 
 meaning of, 143 ' 
 
 FUTURE RIGHTS— 
 
 appeal when question relates to, 21, 7H 
 
 additional case as to meaning of, 22H , . ; ^., iv 
 
 <iOVERNOR IN COUNCIL- 
 
 oath to be administered to Chief Justice before, (5 
 
 may appoint such clerks and servants of Supreme Court as neces- 
 sftrVt ' 
 
 may appoint reporter and assistant rei^iters, 7 
 may refer certain matters to court for consideration, 2i» 
 may appoint commissioners for taking affidavits, etc.," to be used 
 in bupreme and Exchequer Courts, (iO 
 
 HABEAS CORPUS— 
 
 judges of Supreme Court to have concurrent jurisdiction with 
 
 courts or judges of several provinces to issue, 25 
 power to bail, discharge or commit prisoner, 26 
 
 writ of, will not be issued where matter disposed of by appellate 
 court of provmce, 27 j fi a.^^ 
 
 nor where conviction regular, 27 
 
 court will set aside writ, if improvidently issued, 28 
 
 after conviction for felony by court having general jurisdiction 
 
 over offence charged, writ of, an inappropriate remedy, 28 
 cannot be issued in case of murder, or other cases at common law, 
 
 HABEAS CORPUS APPEALS- 
 
 to lie from any judgment for or upon writ of habeas corpus, not 
 
 arising out of criminal charge, 12 ^ 
 
 excepted from effect of certain provisions, 25 
 no appeal in matters arising out of claim for extradition, 25 
 appeal to lie to court if judge of Supreme Court refuses writ or 
 remands prisoner, 25 
 prisoner need not be present in court, 2(3 
 to be heard at an early day, 20 
 floats not giver, in, 26, 51 
 
250 INDEX. 
 
 HABEAS CORPUS APPEALS -6'on</M««!rf. 
 
 appeal will not lie if prisoner at large, 26 
 
 security for costs in, not required, 27, 38 
 
 certain rules not applicable to, 126 
 
 rules applicable to, 28, 126 
 
 may be on written case, certified under seal of couit appealed 
 from, 30, 126 
 
 no factum to be deposited in, 116, 126 
 
 practice as to setting down for hearing, 118 
 
 case to be filed, two months before first day of session when from. 
 British Columbia, 126 
 
 one month, from other provinces, 126 ^ 
 
 HEARING— 
 
 of appeals, order of, 48 
 
 when objection to jurisdiction first taken at, no costs given, 51 
 
 inscription for, by appellant may be ex parte, if respondent fails to 
 - ' deposit factum, 114 
 
 such inscription may be set aside, 114 
 
 or further time given, 124 
 
 counsel who may be heard, and order in which heard, 119 
 
 " ' may be postponed by the court, 120 
 
 . V; or when parties consent, 120 
 
 when either party fails to attend, court may give judgment or 
 postpone hearing, 120 
 
 HOLIDAY- 
 
 what expression includes, 143, 175 
 HOUSE OF COMMONS, THE— 
 
 may refer private bills to court, 29 
 INDEX— 
 
 must be added to printed case, 105 
 
 INFERENCES OF FACT— 
 
 shall be drawn by Supreme Court fron facts stated in special 
 case, 11 
 
 INJUNCTION— 
 
 interim, order dissolving, not a final judgment from which aa 
 appeal will lie, 17 
 
 INSCRIPTION— 
 
 of appeals, order of, 48 
 practice as to, generally, 117 
 
 ex parte by appellant, if respondent fails to deposit factum, 114 
 may be set aside on application, 114 
 
INDKX. 251 
 
 laSCBI-pTZO^-Cotitinued. - : - ^ t.J 
 
 appeals to be heard in order of , 120 
 
 further time may be given for, 124 > 
 
 INSOLVENCY- 
 
 in case of, of original party, additional party or parties may b» 
 - . added by suggestion, 121 
 
 suggestion may be set aside on motion, 122 
 how questions of fact arising on, to be determined, 122 
 INTEREST— 
 
 may be allowed for time execution delayed by appeal, 55 
 
 INTERLOCUTORY APPLICATIONS— 
 costs may be fixed in, 52 
 in Supreme Court to be by motion, 122 
 
 INTERLOCUTORY COSTS— ^ '' 
 
 may be fixed by order, 52 . 
 
 execution may issue to enforce payment of, 62 
 
 INTERPRETATION— ■' 
 
 in Supreme and Exchequer Courts Act, 2 
 
 meaning of expressions " the Supreme Court," " the Court " 
 " the Exchequer Court," 2 
 
 "judge," includes chief justice, 2 
 
 meaning of expressions "judgment," "final judgment" 
 " appeal," '■ the court appealed from," 2 
 in rules, of word " judge," 145 
 words importing singular number to include plural, and vict 
 
 words importing masculine gender to include females. 145 
 of word " party " or " parties," 145 
 of words " the Act," 145 
 
 INTERPRETATION ACT— 
 
 R. S. C. c. 1 : 159 
 
 administration of oaths, 164 
 
 amending Acts, limitation of, 159 
 
 application of Act, 159 
 
 by-laws, rules, etc., power to make, 165 
 
 construction of Acts, 165, 166 
 
 expressions, meaning of — 
 
 Act, 174 
 
 affirmed, 176 
 
252 INDEX. 
 
 INTERPRETATION ACT— Continued. 
 expressioiiB, meaning of — 
 
 county, 174 
 
 declared, 176 
 
 Governor-General, etc., 172 
 
 Governor in Council, etc., 172 
 
 great aeal, 174 
 
 herein, 172 t -\ ,;« 
 
 Her Majesty, etc., 172 
 
 holiday, 175 
 
 legislature, 173 
 
 Lieutenant-Governor, 173 
 
 Lieutenant-Governor in Council, 17;» 
 
 may, )72 '%!--: 
 
 month, 175 
 
 now or next, 176 
 
 oath, sworn, etc., 17(5 
 
 person, 175 
 
 proclamation, 174 : , r 
 
 province, 173 V' 
 
 shall, 172 
 
 superior court, 177 ''"'" 
 
 sureties, security, etc., 176 
 ' );f,v;- . writing, written, etc., 175 
 
 United Kingdom, 173 
 
 United States, 173 
 forme, slight deviations from, 178 
 holidays, what are, 175 
 
 time, how reckoned in case of, 170 
 majority, acts by, defined, 177 
 name commonly applied, 174 
 number and gender, 175 
 oaths, liow administered, 176 
 proclamation, how issued, 174 
 reckoning time in case of holiday, 176 
 repeal of Act, effect of, generally, 178 
 territorial application, 171 
 time, how reckoned in case of holiday, 176 
 
 INTERROGATORIES— 
 
 examination of any person on, may be ordered, 62 
 
 party examined called a " witness," 63 
 duty of person taking examination on, 63 r 
 
 further examination on, may be ordered, 63 
 penalty for non-compliance, 63 
 
INDEX. 253 
 
 INTiiiEEOGATORIES— C'oH</HM«/. 
 
 notice prescribed in order to bs given adverse party, 64 
 
 neglect or refusal to attend for examination on, a contemnt of 
 court, 64 *^ 
 
 as to production of papers, G4 
 
 consent of parties to examination may take place of order, 64 
 
 JUDGP]— 
 
 includes chief justice, 3 
 
 meaning of, in rules, 145 
 
 may pronounce judgment of reversal on consent, 44 
 
 may dismiss appeal for want of prosecution, 44 
 but not in election appeal, 45 
 JUDGES— .;i=u ; . 
 
 of court below, their reasons should form part of case, 35, 101 
 JUDGES OF SUPREME COURT— ' 
 
 who may be appointed, 4 
 
 two to be from Province of Quebec, 4 ; f 
 
 to hold no other office of profit, 4 
 
 residence of, to be at Ottawa, or within five miles thereof, 4 
 
 tenure of office, 5 
 
 salaries, 5 
 
 retiring allowances of, and how payable, 5 
 
 oath to be taken by, and how to be administered, 6 
 
 not necessary for all who have heard argument to be present at 
 delivery of judgment, 9 . f ^ ».,; 
 
 majority of, present at hearingr may deliver judgment, 9 
 
 may ^^«^^"jl^|.opinion in writing to be read or announced in open 
 
 JUDGMENT— 
 
 meaning of word, 3 
 final, meaning of, 3 
 
 appeal to lie from, 11, 15 
 
 what are final judgments, 15 
 may be delivered by majority of judges present at hearing, 9 
 upon special case, appeal from, 11 
 upon motion to enter verdict, or non-suit, upon point reserved at 
 
 upon motion for new trial upon ground judge has not ruled accord- 
 mg to law, 12 
 
 in proceedings in equity, or in nature of proceedings in equity, 12 
 
 upon motion to set aside award, or upon motion by way of appeal 
 from award, 12 J J cp^/cui 
 
254 INDEX. 
 
 JUDGMENT -Continued. 
 
 in habea* corpus proceedings, hot arisin); out of a criminal charge, 
 12 
 
 in proceedings on mandamus, 12 
 
 or on municipal by-law, 12 
 
 distinction between final and interlocutory, 17 
 
 appeal to be brought within CO days from signing or entry or pro- 
 nouncing of, 30 
 
 exceptions, 30 
 upon motion to enter verdict or non-suit upon point reserved, or 
 upon motion for new trial, notice of appeal from, to be given 
 within twenty days, 31 
 
 may be signed for costs when discontinuance filed, 43 
 
 of reversal, to be pronounced on consent, 44 
 
 nunc pro tunc may be entered in event of death of party between 
 hearing and judgment, 47, 121 
 
 may be given, which court below should have given, 50 
 
 when varied, reversed or affirmed. Supreme Court may order pay- 
 ment of costs, />0 
 
 may be amended in certain cases, 54 
 
 of court below, when affirmed, interest to be allowed, 55 
 
 of Supreme Court, to be certified to court below, 65 ,- t 
 
 and to be final and conclusive, 56 , ; 
 
 as to finality of, in criminal appeals, 74 ,,;'': 
 
 and in election appeals, 86 i •,.>;, !^.^^ : 
 
 of Privy Council, may be made a judgment of Supreme Court, 57 
 
 JUDICIAL COMMITTEE OF H. M. PKIVY COUNCIL— 
 
 practice of, to be followed in appeals to the Supreme Court, when 
 no other provision, 30 
 
 practice of, as to dismissal of appeals for want of prosecution, 45 
 
 practice on appeal to, 57 
 
 order of, may be made an order of Supreme Court, 57 
 
 no appeal lies to, in criminal cases, 74 
 
 practice of, on cross appeals, 137 
 
 statutes and orders in council regulating practice in appeals to, 200 
 
 JUDICIAL PROCEEDING— 
 
 what a, within meaning of Act, 15, 16 
 
 JURISDICTION OF SUPREME COURT— 
 
 to be general within and throughout Canada, 11 
 provisions relating to, 11 
 essentials to exercise of, 14 
 
INDEX. 256 
 
 JURISDICTION OF SUPREME COURT-C'oHtJHuerf. 
 
 in appeals from final judgments of highest court of last resort, 
 11, 15 
 
 court of original jurisdiction must be a superior court, 11 
 
 except in certain cases from New Brunswick, Nova Scotia, 
 British Columbia anJ Nortli-west Territories, 13 
 
 in appeals, from judgment upon special case, 11 
 
 or upon motion to enter vei-dict, or non-suit, upon point reserved 
 at trial, 11 
 
 or upon motion for new trial upon ground judge has not ruled 
 according to law, 12 
 
 or from decrees, etc., in oquity, 12 
 
 or from judgment, etc., to set aside award, 12 
 
 or from judgment in any case of proceedings in habeas corpus, man- 
 damus, and municipal by-laws, 12 
 
 in certain cases from New Brunswick, Nova Scotia, and British 
 Columbia, wherein matter in dispute |250 or upwards in which 
 court of first instance possesses concurrent jurisdiction with 
 a superior court, 13 
 
 in appeals from Supreme Court of North-west Territories, when 
 case has not originated in a superior court, 13 
 
 in criminal cases, 17, 72 
 
 in exchequer cases, 17, 77 , « 
 
 in maritime cases, 17,80 , „ 
 
 in election cases, 17,82 ' *? ^ 
 
 in cases under The Winding-up Act, 17,91 
 
 in habeas corpus cases, 12, 25 
 
 in special cases referred by Governor in Council, 29 
 
 special, when legislature of any province passes an Act agreeing 
 thereto — 
 
 1. In controversies between Canada and province, and 
 
 between provinces, by appeal from Exchequer Court, 68 
 
 2. When validity of Act of parliament or of legislature in 
 
 question, 58 
 
 procedure in such cases, 59 
 
 such jurisdiction only in civil cases, 59 
 quashing proceedings for want of jurisdiction, 49 
 
 costs may be given, 49 
 
 but not when objection taken by court, i'i 
 additional cases on subject of, 227 
 
256 INDEX. 
 
 KEEWATIN— 
 
 in district of, any person dissatisfied with order or decision of the 
 court or a single judj^e in any proceedinj^ under Wind- 
 ing-up Act, may, by leave of a judge of tne Supreme 
 Court of Canada, appeal to that court, 02 
 
 practice on such appeal, 92 
 
 [in the Winding-up Act the word " court " means in the District 
 of Keewatin such court or magistrate, or other judicial author- 
 ity, as is designated from time to time by proclamation of the 
 Governor in Council, published in the Canada (iazette. See 
 Winding-up Act, sec. 2, par. (d) ; see also R. S. C. c. 53. J 
 
 LACHES- 
 
 in prosecuting appeal. See Dismitsal. -. 
 
 LAND— 
 
 appeal lies when question relates to title to, or where future rights. 
 
 may be bound, 21, 78 
 practice as to seizure and sale of. See Writs. 
 
 LEAVE— ■ 
 
 to appeal, under special circumstances, to be given, 32 
 
 to appeal from Exchequer Court to be obtained from Judge of 
 
 Supreme Court in certain cases, 78 
 to appeal in cases under Winding-up Act to be obtained from 
 
 Judge of Supreme Court, 92 
 
 LEGISLATURE— 
 
 of province may pass an Act agreeing to exercise of special juris- 
 diction — 
 
 1. By Exchequer Court in controversies between Dominion and 
 
 any province, or between provinces, 58 
 
 appeal in such cases to Supreme Court 59 
 
 2. By Supreme Court, when validity of Act of Parliament of 
 
 Canada, or a legislature of any province in question, 58 
 
 LIBRARY OF SUPREME COURT— 
 
 under control of registrar of Sujireme Court, 7 
 
 LIMITATION— 
 
 on right to appeal, from Province of Quebec, 21 
 from Province of Ontario, 2t 
 
 LIST— 
 
 cases for hearing to be set down on, 48 
 how divided, 48 
 
INDEX. 257 
 
 MANDAMUS— 
 
 appeal to lie from judgment in proceedings for or upon writ of, 12 
 cases of, excepted from effect of certain provisions, 25 
 
 MANITOBA— 
 
 cases from, to be set down on part three of list of appeals for 
 hearing, 48 
 
 criminiil and lialwa^ corpus appeals from, lo be filed at least one 
 ■'. month before first day of session, 12(5 
 
 notice of filing to be served one month before, 127 
 
 MARITIME COURT OF ONTARIO— , " 
 
 special provisions as to appeals from, 80 
 
 appeal to lie from every decision having force and effect of defini- 
 tive sentence or final order, 80 
 
 procedure of Supreme Court in ordinary appeals to be applicable 
 in appeals from, 80 
 
 notice of intention to ai)peal from decision of, to be given, .32, 80 
 MARITIME PROVINCES— 
 
 cases from, where to be entered on list of appeals, 48 
 MATTER IN CONTROVERSY— 
 
 meaning of, 22 
 MAYOR— 
 
 affidavits, etc., may be taken out of Canada before, 60 
 MINISTER OF FINANCE AND RECEIVER GENERAL- . 
 * costs awarded to Crown to be paid to, 68 
 
 costs awarded against Crown to be paid by, out of consolidated 
 revenue fund, 68 
 
 certificate of costs awarded to or against Crown, to be sent to, 16.5 
 
 MONEY— 
 
 order for payment of, may be enforced by writs prescribed, 52, 66 
 
 writs prescribed by general order, l,'),^ 
 no attaciiment to issue for non-payment of, 52, 67 
 
 awarded to or against Crown, how to be paid, 68, 165 
 
 payment of, into court, how made, 140 
 
 out of court, must be on order upon notice, 141 
 
 and by cheque of registrar, countersigned by a iudce. 141 
 MONTH - J i h , 
 
 meaning of word 143 
 MOTION— 
 
 to enter verdict, or non-suit upon point reserved, or for new trial, 
 appeal from judgment on, 11 
 notice of appeal to be given in such cases, .Bl 
 C.S.E.C. ir? 
 
258 INDEX. 
 
 MOTION— Continued. 
 
 by respondent to dismiss appeal, if appellant's factum not tiled, 114 
 to set aside suggestion adding parties. 122 
 
 course which may be taken on such, 122 
 all interlocutory applications to be made by, 122 
 notice of, when to be served, 122 
 
 how to be served, 123 
 
 service of, to be accompanied by copies of affidavits filed, 12H 
 
 to be made before court to be set down on list and called on eacli 
 morning of session before hearing of appeals, 123, 124 
 
 MUNICIPAL CORPORATION — 
 
 by-law of, appeal from judgment quashing, or refusing to quash, 
 12 
 
 cases relating to, excepted from effect of certain provisions, 25 
 NAME— 
 
 Supreme Court of Canada, continued under such name, 3 
 
 NEW BRUNSWICK— 
 
 appeal in cases from, when amount in dispute $250 or upwards, 
 and court of first instance possecses concurrent jurisdiction 
 with a superior court, 13 
 
 jurisdiction of county courts of, 13, 183 
 
 cases from, to be set down on part one of list of appeals for hear- 
 ing, 48 
 criminal and habean corpus appeals from, to be filed at least one 
 month before first day of session, 127 
 and notice of hearing to be served three weeks before, 127 
 
 NEW TRIAL- 
 
 appeal to lie from judgment upon any motion for, upon ground 
 judge has not ruled according to law, 12 
 
 notice of such appeal to 1-3 given, 12, 31 
 
 cases of new trials excepted from effect of certain provisions, 25 
 
 may be ordered by Supreme Court, on ground verdict against 
 weight of evidence, 50 
 
 but court will not entertain appeal when court below has ordered 
 new trial, on ground verdict against weight of evidence, 50 
 
 may be granted in criminal cases, and when, 73 
 
 NON-SUIT— 
 
 appeal to lie from judgment upon motion to enter, upon point 
 reserved at trial, 11 
 
 notice of appeal to be given, 31 
 
 NORTH-WEST TERRITORIES— 
 
 appeal lies from decision of Supreme Court of, 13 
 
 although matter may not have originated in a superior 
 court, 13 
 
INHRX. 259 
 
 NORT K-WE8T TERRITORIES -Continued. 
 
 expression " province " includes, 13 
 
 expression " Superior Court " means Supreme Court of, 13 
 
 Actsjof Parliament of Canada to apply to, IS 
 
 appeals from, to bo entered on list of appeals, 13 
 on part three of list, 43 
 
 leive to appeal in cases from, by whom to be granted, 14 
 NOTTCE- 
 
 of appeal, from judgment on special case, or upon motion to enter 
 verdict or non-suit upon point reserved, or upon motion 
 » f«i" new trial upon ground judge has not ruled according 
 
 to law, to be given within twenty days, 11, 12, 31 
 in criminal cases, 32, 73 
 
 in exchequer appeals on behalf of Crown, 32, 78 
 in maritime appeals, 32, 80. 227 
 giving such notice a condition precedent, 32 
 convening court, when to be given, 10, 107, 146 
 to be published in Canada Gazette, 107 
 form of, 108 
 of cross appeal to be given, 136 
 
 to be fifteen days notice, 139 
 by Crown, in lieu of deposit in exchequer appeal, 7<1 
 of discontinuance, may be given, 43 
 
 of examination upon interrogatories to adverse party, 64 
 of return of examination, 65 
 of hearing, to be given and when, 107 
 form of, 108, 146 
 when to be served, 108 
 how to be served, 108 
 of motion, when to be served, 122 
 
 and how, 122 
 of reversal of judgment, may be given, 44 
 of setting down exchequer appeal, 77 
 
 such notice may limit appeal to defined questions, 77 
 of setting down election appeal, 84 
 
 such notice may limit appeal to defined questions, 85 
 NOVA SCOTIA— 
 
 appeal in cases from, where amount in dispute «250 or upwards, 
 and court of first mstance possesses concurrent iurisdiotion 
 with a superior court, 13 
 
 jurisdiction of county courts of, 13, 181 
 Act of Legislature of, consenting to exei 
 by Supreme and Exchequer Courts, 
 cases from, to be on part one of list of appeals for hearing, 48 
 
 Act of Legislature of, consenting to exercise of special jurisdiction 
 by Supreme and Exchequer Courts, 69 
 
260 INDEX. 
 
 NOVA HCOTIA— Continued. 
 
 criminal and hahi-a* corpux appeals from, to be filed one month 
 before first day- of Heaaion, 126 
 and notice of hearinj,' to be served three weeks before, 127 
 
 NUNC PRO TUNC- 
 
 judj»ment or ordar miy be entered, in event ot death of party 
 between hearini^ and jndjjment, 47, 121 
 
 OATH— 
 
 to be taken by jndges of Supreme Court, and how to be adminis- 
 tered, (5 
 who may administer for use in Supreme and I^xcheqiier Courts, 60 
 commissioners to administer oaths may be appointed, <50 
 
 ttyle of such ccmimissioner, fiO 
 made out of Canada, before whom to be taken, 00 
 
 no proof of seal or signature of commissioner, etc., re- 
 (juired, (il - - ■• ■ 
 
 OBJECTION— , , ' . ' ' 
 
 - ■■ ■■■|- •■'■; " ' "■'■. ' ' ' • '■■■■ " '■ ' ■■'■ '■' - ■ 
 
 See Formal Objection. > ,\ r\ 
 
 OFFICERS - 
 
 of Supreme Court to be appointed by Governor in Council, 7 
 certain Acts to apply to, 8 
 
 ONTARIO— 
 
 cases from, to be on part three of list of appeals for hearing, 48 
 
 Act of Legislature of, consenting to exercise of special juriadictior, 
 by Supreme and Exchequer Courts, 59. 
 
 Court of Appeal for, rule of, as to printnig additional appeal books 
 for use in Supreme Court, 105 
 
 criminal appeal from, to be filed at least one month before first 
 day of session, 126 
 
 and notice of hearing to be given two weeks before, 127 
 ORDERS— 
 
 enlarging time for appealing, a copy of, to be in case, 101 
 in appeal, how to be signed and dated, 121 
 
 may be dated nunc pro tunc in certain cases, 121 
 
 PAPERS— 
 
 service of, on respondent, who elects to appear by attorney, 111 
 
 on respondent, who electa domicil, 112 
 
 on respondent appearing in person without electing domicil, 
 112 
 
 on new attorney or solicitor, 113 
 
 C'?rtiorari may isaue to bring up, 28 
 
INDEX. 2(11 
 
 PARLIAMENT— 
 
 general rules and orders to be laid before Houses of, OH 
 
 PARTIES— 
 
 may be added in appeal by suggestion, 40, 47, 121 
 
 in cast of death of one of several ajjpellants, 4(5 
 or dealih of sole appellant or all appellants, 40 
 or of one of several respondents, 4() 
 or of sale respondent, or of all respondents, 47 
 when lecessary from any other cause, 47, 121 
 , , . in event of cieatli of party between hearing and judgment, judg- 
 ment msy be entnred nunc pro tunc, 47, 121 
 
 where improperly joined, will be struck out, 48 • 
 . may be allov:ed to prosecute an appeal in name of plaintiff, though 
 not on rocord, 48 
 
 PAUPER APPEALS— 
 
 Supreme Court has no power to admit, 38 
 
 PAYMENT— 
 
 of money into court, how made, 140 
 
 out of (lourt, order must hi obtained for on notice, 141 
 
 and paid on cheque of registrar, countersigned by judge, 141 
 
 PENSIONS— 
 
 of judges. See Judges. ', .c • 
 
 PERISHABLE PROPERTY— '' ' ' 
 
 may be ordered to be sold, 42 . ;, - . 
 
 PERJURY— 
 
 no informality in affidavit to defeat indictment for, 62 
 PER SALTUM— 
 
 by leave, appeal may be allowed, 13 
 
 but not from Province of Quebec, 18 
 
 special circumstances to be shown to justify such appeal, 10 
 PETITION— 
 
 for private bill, may be referred to court, 26 
 POINTS RESERVED AT TRIAL— . i/ / • . 
 
 appeal to lie from judgment upon any motion to enter verdict or 
 npn-suit upon, 11 
 
 POSTAGE— ^' 
 
 on transmission of original documents to be paid by appellant, 106 
 
262 INDEX. 
 
 POUNDAGE— 
 
 party entitled to execution may cause to be levied, 161 
 
 PREROGA.TIVE OF CROWN— 
 to allow appeals, .'ifi 
 not to be exercised to allow appeal in criminal cases, 74 
 
 PRINCE EDWARD ISLAND— 
 
 appeal in cases from, when matter in dispute $250 or upwards,, 
 and court of lirst instance possesses concurrent jurisdiction 
 with a superior court, 13 
 
 County Court jurisdiction in, under appealable amount, 13, 188 
 
 oases from, to be set down on part one of list of appeals for 
 hearing, 48 
 
 criminal and habeas corpus appeals from, to be filed at least one 
 month before first day of session, 126 
 and notice of hearing to be served three we iks before, 127 
 
 PRINTING - 
 
 of immaterial documents will not be allowed on taxation, 35, IDS' 
 of case, rules as to, 36, 104, 105 
 
 See Cane. 
 of factum, 114 
 
 See Factvm 
 in election appaals, of record, 129 
 
 of factum, 129 
 of record or factum in election appeals, may be dispensed with, 13tt 
 in criminal appeals, of case or factum not required, 126 
 certain rules as to, amended, 152 
 in appeal to Privy Council, requirements as to, 207 
 
 PRISONER— 
 
 court or judge has power to bail, discharge, or commit, 26 
 need not be present in court, 26 
 
 PRIVATE BILLS— 
 
 may be referred to court, 29 
 
 PRIVY COUNCIL— 
 
 See Juiicial Committee of H. M. Privij Council. 
 
 PROCEDURE— 
 
 in appeals, to be in conformity with practice of judicial committee,, 
 when not otherwise provided for, 30 
 
 under special jurisdiction, to decide questions relating to validity 
 of an Act of Parliament of Canada or of the legislature of any 
 province, 69 
 
INDEX. 263 
 
 PR OCJUDU &E— Continued. 
 
 judf^ea may make general rules of, 07 
 
 in criminal cases amended, 72 
 
 in maritima app3als, regulated by procedure of Supreme Court in 
 other appeals, 80 
 
 exc3pt as to notice of intention to appeal, 80 
 
 PROCESS— 
 
 of Supreme Court, runs throughout Canada, 65 
 
 how tested and directed, 65 i r.i 
 
 See Writs. « ■ 
 
 PROCLAMATION— 
 
 sections 1 and 2 of 50-51 Vic. c. 50, relating to criminal appeals 
 brought into force by, 95 
 
 bringing S. & E. C. A. into force as respects appointment of 
 judges, etc., and organization of court, x 
 
 appointing time for exercise of judicial functions of court, x 
 
 PRODUCTION - 
 
 of papers at examination, 64 
 
 PROCTORS— 
 
 who may practise as, in Supreme Court, 8 
 
 practising in Supreme Court, to be officers of such court, 9 
 
 PROSECUTION— 
 of appeal. 
 
 See Appeal, Dismissal of Appeal. 
 
 PROVINCE— 
 
 expression includes North-west Territories, ?3 
 
 legislature of any, may pass an Act agreeing to exercise of special 
 jurisdiction by Supreme and Exchequer Courts, 58 
 
 QUASHING PROCEEDINGS— 
 
 by Supreme Court, when taken against good faith, or appeal doet 
 not lie, 49 
 
 when appeal quashed, court may order payment of costs, 49 
 
 when objection taken by court at the hearing, no costs will be 
 given, 49 
 
 motion to quash should be to the court, at earliest convenient 
 moment, 49 
 
 gereral costs of appeal given, and counsel fee on motion, 49 
 
 QUEBEC, PROVINCE OF— 
 
 cases in which appeals from, will lie, 21 
 
 to be only from Court of Queen's Bench, 32 
 
264 INDEX. 
 
 QUEBEC, PROVINCE OF- Coiiti lived. 
 
 cases from, to be on part two of list of appeals for bearing, 48 
 
 criminal appeals from, to be filed at least one month before fiist 
 day of session, 12(i 
 
 and notice of hearin}» to be served two weeks before, 127 
 QUORUM— 
 
 section 19 of Supreme and Excheiner Courts Act, repealed by />! 
 
 Vic. c. 37 : 2 
 any five judges shall constitute, 9 
 
 majority of judges present at hearing may deliver judgment, 10 
 judge or judges present may adjourn sittings till (juorum present, 
 
 10, 144 
 
 QUO WARRANTO- 
 
 no appeal in case of proceedings by, 230 
 RAILWAY ACT, 1888— 
 
 references to Supreme Court under, 230 
 
 REASONS— 
 
 of judges of courts below to form part.of case, 101 
 
 or affidavit filed that they cannot be procured, 101 
 translation of, may be ordered, 140 
 
 RECEIVER-GENERAL— 
 
 moneys awarded to Crown to be paid to, 68 
 
 and to pay moneys awarded against Crown, 68 
 
 certificate of costs awarded to or against Crown to be sent to, 165 
 
 RECOGNIZANCES- 
 
 in Supreme Court, may be taken by commissioners, 80 
 
 RECORD— 
 
 Supreme Court of Canada continued as a court of , 3 
 
 REGISTRAR OF SUPREME COURT— 
 
 provision respecting appointment of, 7 
 
 has authority of a judge of the court sitting in chambers, 7, 67, 152 
 
 except in matters of habeas corpim and certiorari, 153 
 
 may refer any matter to a judge, 153 
 
 orders made by, to be as binding as if made by a judge, 153 
 
 orders to be signed by, 154 
 
 appeals from order of, and mode of procedure, 154 
 
 when to sit for transaction of business, 154 
 
 publisher of reports, 7, 68 
 
 has management and control of Supreme Court library, 7 
 
 to set down appeals for hearing on list, 48 
 
 to certify judgment of Supreme Court to court below, 55 
 
 to certify judgment in election cases to Speaker of House of Com- 
 mons, 86 
 
INDEX. 265 
 
 REGHSTRAll OF SUPREME COVRT -Continited. 
 
 to keep necessary books, 142 
 
 fees to be paid to, in stamps, 130 
 
 tariff of, 147 
 .... ' 
 
 provision respecting acting registrar in absence of, l.">0 
 
 KENT— 
 
 payable to H. M., appeal lies when question relates to, 21 
 
 REPORTS OF SUPREME COURT — 
 
 reporter and assistant reporter to prepare, 7 
 
 to be published by registrar, 7, Ci8 ' 
 
 REPORTERS— 
 
 provision respecting appointment of, 7 
 to report decisions of Supreme Court, 7 
 
 IIESIDENCE— 
 
 of Supreme Court Judges, to be at Ottawa, or witliin five miles 
 thereof, 4 
 
 of registrar to be at City of Ottawa, 7 
 
 EESPONDENT— 
 
 entitled to costs when appellant discontinues, 13 • . ' . ' , 
 
 may consent to reversal of judgment, 44 
 
 may move to dismiss appeal for want of prosecution, 44, 102 
 
 suggestion of death of, may be filed, 40 
 
 may be added by suggestion, 47, 121 
 
 notice of hearing to be served on agent of, 108 
 
 represented by attorney in court below may file suggestion of 
 
 appearance in person in appeal, 110 
 who has appeared in person in court below, may file suggestion of 
 appearance by attorney in appeal. 111 
 
 if no suggestion filed, attorney in court below deemed attor- 
 ney in appeal, 111 
 
 appearing in person may elect domicil for service, 112 
 
 how papers served on, if no domicil elected, 112 
 
 may move to dismiss if appellant fails to deposit factum, 114 
 
 may give notice by way of cross appeal, 136 
 
 such notice to ba fifteen days notice, 139 
 
 to file factum in cross appeal two days after notice, 139 
 
 REVENUE— 
 
 appeal when question relates to, 21 
 REVERSAL— 
 
 of judgment, to be pronounced on consent, 44 
 
 . ■.■!(. 
 
266 INDEX. 
 
 REVISED STATUTES OF CANADA— 
 
 proclamation bringing into force, 1 
 not to operate as new laws, 1 
 
 RULES AND ORDERS — 
 
 judges may make, 67 
 
 to what they may extend, 67 
 
 copies of, to be laid before Houses of Parliament at session next 
 after making, 68 
 
 table of, 97 
 
 made under repealed Act to continue valid, if not inconsistent with 
 substituted Act, until annulled, or others made in their steady 
 100 
 
 SALARIES— 
 
 of judges of Supreme Court, 6 
 
 SEAL— 
 
 of city, court, notary public, consul, etc., on afiidavits, etc., to 
 be used in Supreme and Exchequer Courts, proof of, not 
 required, 61 
 
 SCHEDULES— 
 
 to 50-51 Vic. c. 16 : 190 
 
 SCHEDULES TO RULKS— 
 
 A. notice convening special session, 146 
 
 B. notice of hearing of appeals, 146 
 
 C. tariff of fees to be paid registrar, 147 
 
 D. tariff of costs, 148 
 tariff of fees to sheriffs, 16i) 
 
 SECURITY— 
 
 terms as to, may be imposed when appeal allowed under special 
 circumstances, 82 
 
 approving of, a mode of allowing appeal, 33, 39 
 
 after allowance of, court below /Mnctus officio, 33 
 
 and proceedings governed by Supreme Court rules, 34 
 
 in appeals from district of Keewatin under Winding-up Act, to b© 
 given according to practice of court below, S J, 92 
 
 in other appeals under that Act to be given under section 46 
 
 Supreme and Exchequer Courts Act, 33, 93 
 on appeal, to be ^500 under section 46 : 37 
 
 this section not to apply to election, criminal, exchequer 
 or habeas cmyns appeals, or appeals by or on behalf of 
 the Crown, 37 
 "application to allow, should be made within sixty days, S3 
 
 court below may extend the time under special circum- 
 stances, 33, 38 
 
INDEX. 267 
 
 SECXJBITY— Continued. 
 
 case to be filed within one montli after allowance of, 35 
 
 but time may bo extended on application, 35 
 certified copy of bond {?i /en as, to accompany case, 35, 104 
 no power to dispense with, 38 
 
 none requii-ed in criminal or hahfan corpm appeals, 38, 7(5 
 no appeal from judge refusing to allow, 39 
 personal, sufficie.'.t, 39 
 
 execution stayed upon giving, 40 * 
 
 when perfected, fiat may issue to sheriff to stay execution, 42 
 in exchequer appeals, ^50 by deposit, 77 
 
 when appeal on behalf of Crown, notice to take the place of. 
 
 78 ^ 
 
 in election appeals, oy deposit of $100 : 83 
 in appeals under Winding-up Act, 92, 93 
 
 SERVICE— 
 
 of notice of hearing when to be made, 108 
 and how, 108 
 
 of papers on attorney or solicitor of respondent who has appeared 
 in person in court bel jw. 111 
 
 of papers at elected domicil, 112 
 
 by affixing papers in registrar's office when respondent appears in 
 
 person without electing domicil, 112 
 of notice of motion, how made, 123 
 
 SENATE, THE— 
 
 may refer private bills to court, 29 
 
 SESSIONS OF SUPREME COURT— 
 
 three yearly: 3rd Tuesday in February, Ist Tuesday in May, 
 4th Tuesday in October, 10 ^ / . 
 
 to be continued till business disposed of, 10 
 
 court may adjourn any session from time to time, 10 
 
 notice of adjournment of, to be given in Canada Gazette. 10 
 
 SHERIFFS— 
 
 sheriff of County of Carleton, to be ex officio officer of Supreme 
 Court, 8 
 
 remuneration of, for attendance regulated by order in council, 8 
 of respective counties, or divisions of any province, ex officio officer* 
 oi Supreme Court, 66 
 
 when sheriff disqualified, procesp to be directed to any of the 
 coroners of the district, G6 
 
2G8 INDEX. 
 
 SHERIFFS— 6'««<iH./<'r/. 
 
 Fiat may issue to, to stay execution wlien security perfected, 42 
 
 proviso as to poundaf^e, 42 
 
 money levied by and not paid over before tiat, to be repaid, 
 42 
 practice on issuinj; process of exeqution to, 66 
 tariff of fees to be paid, 163 
 
 SITTINGS— 
 
 of Supreme Court. See .SVfu/ofw. 
 
 SOLICITORS— 
 
 who may practise as, in Supreme Court 8 
 
 practising in Supreme Court to be officers of such court, \) 
 
 See Attonieyx. 
 
 SPECIAL CASE— 
 
 appeal to lie from judgment upon, 11 
 
 Supreme Court to draw inferences of fact from facts stated in, 11 
 
 notice of appeal to be given within twenty days after decision 
 upon, 31 
 
 may be referred to court by Governor in Council, 20 
 
 SPECIAL CIRCUMSTANCES— 
 
 to be shewn to justify appeal per saltitm, 19 ' 
 
 appeal may be allowed after time limited, by court below under, 32 
 
 meaning of expression for this purpose, 33 
 
 SPECIAL JURISDICTION— 
 
 given Supreme Court in certain cases when legislature oi any 
 province passes an Act agreeing thereto, 58 
 
 procedure in such cases, 59 
 SPECIAL SESSIONS— 
 
 of Supreme Court, may be convened, 10, 107 
 form of notice convening, 146 
 
 STAMPS— 
 
 fees to roKistrar, to be paid by means of, 68 
 
 to be issued and sold by Minister of Inland Revenue for the pur- 
 pose, 68 
 
 proceeds of, to be paid into Consolidated Revenue Fund, 68 
 
 tariff of fees to be paid by, 147 
 
 STATUTES— 
 Imperial : 
 
 British North America Act, 1867, ss. 91 and 101 : 76 
 
INDEX. ' 269 
 
 ST A.TUTEH— Continued. 
 
 of Caniifla : 
 
 38 Vic. c. ] 1 : 1 
 
 W) Vic. c. 2b : 1 : , > 
 
 42 Vic. c. H!): I , : .r 
 
 43 Vic. c. 34: 1 
 49 Vic. c. 4 8. 8 : 1 
 49 Vic. c. 25 s. 2 : 13 
 W-ra Vic. c. 1() : 2, 189 
 50-51 Vic. c. 50: 2, 72 
 
 51 Vic. c 37 s. 19 : 2, 19(> 
 
 51 Vic. c. 43 : 2 
 
 Dominion Controverted Elections Act (R. f=?. 0. c. 9) : 82 
 
 Interpretation Act (R. S. C. c. 1) : 13 
 
 Maritime Court Act (R. S. C. c. 137) : 80 
 
 Supreme and Kxcliequer Courts Act, 1875 : 1 
 
 Supreme Court Amendment Act, 187() : 1 
 
 Supreme Court Amendment Act, 1879: 1 
 
 Supreme nnd Exchequer Court Amendment Act, 1880 : 1 
 
 Supreme and Exchequer Courts Act, 1880 (R. S. C. c. 135) : 1 
 
 Supremo and Exchequer Courts Amendment Act, 1887 : 189 
 
 Supreme and Exchequer Courts Amendment Act, 1888 : 196 
 
 Winding-up Act (R. S. C. c. 129) : 91 
 
 of New Brunswick : 
 
 45 Vic. c. 9, S3. 2 and 3: 13, 183 
 Consolidated Statutes, c. 51 s. 51 : 13, 183 
 
 of Nova Scotia: 
 
 
 
 Revised Statutes, 5th series, c. 105, ss. 10, 17, 27 and 29 : 
 lo, 181 
 
 of Ontario : 
 
 Judicature Act, s. 43 : 24 
 
 Revised Statutes, 1887, c. 42 : 24, 198 
 
 of Prince Edward Island : 
 41 Vic. c. 12 : 13, 188 
 
 SUGGESTION- 
 
 may be filed in case of death of one cf several appellants, 46 
 
 or of sole appellant, or all appellants, 46 
 
 or of one of several respondents, 46 
 
 or of sole respondent, or all respondents, 47, 122 
 
270 INDEX. ' 
 
 SUGGESTION— t'oH^iMMf*/. 
 
 additional party may be made by, 47, 121 
 
 mode of gettiiifj aside bucIi 8ii>,'t;e8tion, 47, 122 
 
 or of trying question of fact arising out of it, 47, 122 
 
 to be filed by respondent who desires to appear in person, 110 
 
 form of, 110 
 
 if none filed, the solicitor or attorney of respondent in court below 
 shall be deemed to be his solicitor or attorney in appeal. 111 
 
 to be filed by attorney or solicitor of respondent who has appeared 
 in person in court below, 111 
 
 to be filed by respondent appearing in person, to elect domicil, 112 
 
 how service of notice of hearing to be made on respondent appear- 
 ing in person, or who has filed suggestion of appearance 
 in person, 112 
 
 SUPERANNUATION— 
 
 Act respecting, to apply to officers, clerks and servants of Supreme 
 Court, 8 
 
 SUPERIOR COURT— 
 
 meaning of, 177 
 
 meaning of expression as regards North-west Territories, 13, 177 
 
 case must have originated in, to give jurisdiction to Supreme 
 Court, 11, 14 
 
 except in certain cases whore court of original jurisdiction 
 possesses concurrent jurisdiction with, 13, 14 
 
 SUPREME COURT OF CANADA— 
 
 continued as a court of record, 3 
 
 provision for establishing, sec. 10 B. N. A. Act, 3 
 
 established and organized in 1875 : 4 
 
 constitution of, 4. 
 
 who may be appointed judge of, 4 
 
 two judges of, to be from Quebec, 4 
 
 appointment of registrar and other officers of, 7 
 
 who may practise in, as barristers, advocates, counsel, attorneys, 
 solicitors and proctors, 8 
 
 practitioners in, may enter name of agent in agent's book, 109 
 
 or elect domicil, 109 
 to hold three sessions yearly, 10 
 may adjourn any session from time to time, 10 
 may be convened at any time, 10 
 
 notice convening, to be published in Canada Gazette, 11 
 
 to have, hold and exercise appellate, civil and criminal juriadiotion 
 within and throughout Canada, 11 
 
 in what cases appeal shall lie to, 11, 17 
 
INDEX. 271 
 
 SUPREME COURT OF CAHADX—Coiithiued. 
 
 special jurisdiction of, in criminal appeals, 72 
 in exchequer appeals, 77 
 in maritime apfjeals, 80 
 in election appeals, H2 
 in appeals under Winding-up Act, 91 
 
 appeal to, to lie from court of last resort, 18 
 
 but from court of original jurisdiction, by consent of parties, 18 
 
 and by special leave in certain cases, 18 
 
 no appeal to, from orders made in exercise of judicial discretion, 20 
 with certain exceptions, 20, 25 
 
 appeals to, to be from final judgments, except as otherwiae 
 provided, 21 
 
 appeals to, from Province of Quebec, limited, 21 
 
 no appeal to, in cases of extradition, 25 
 
 jurisdiction of judges of, in habeas corpiin cases, 25 
 
 certiorari may issue out of, in certain cases, 28 
 
 Governor in Councii may refer matters to, for hearing and consid- 
 eration, 29 
 
 the Senate or House of Commons may refer private bills to, 29 
 
 no writ required to bring appeal to, 34 
 
 when error in law alleged, proceedings to be in form of an appeal, 34 
 
 appeal to, to bo in form of a case, 34 
 
 case to be transmitted by proper officer of court below to, 36 
 
 security to be given on appeal to, 37 
 
 execution stayed on appeal to, on what conditions, 40 
 
 may pronounce judgment of reversal on consent, 44 
 
 may dismiss appeal for want of prosecution, 44 
 
 or quash, where appeal does not lie, or brought against good 
 faith, 49 
 
 may dismiss appeal, or give judgment which court below should 
 have^'iven, 60 
 
 may order payment of costs of court appealed from, 50 
 or of the appeal, 50 
 
 when equally divided does not give costs, 51 
 
 powers of amendment of, 53 
 
 to allow interest for time execution delayed by appeal, 66 
 
 judgment of, to be certified to court below, 56 
 
 to be final and conclnsive, 56 
 
 special provision as to finality of, in election cases, 86 
 
 and in cripjiinal cases, 73, 74 
 

 272 INDEX. 
 
 SUPREME COURT OF CANADA-C'oHM«H/'rf. 
 
 to have Hpecial juriHdiction wIumi Act of leqiHlatiire of province 
 paHsed a<{reeinf{ thereto, 1. On appeal from Excliecpier 
 Court in contrOverHieH between Dominion and province, 
 and between two provinces. 2. When validity of Act 
 of le^islatnre in question, 58 
 procedure in such cases, M 
 
 such jurisdiction to be exorcised only in civil cases, '>{> 
 • process of, to run throuj^hout Canada, OS 
 how to be tested and directed, 05 
 sheriffs of respective counties or divisions to be c.r officio officers of 
 
 the court, (id 
 order in, for payment of money, how enforced, «)() 
 jud>ie8 of. may make rules of procedure, (57 
 reports of, to be published by rejii.strar, (iH 
 
 may order transfer of proceedings under Winding-up Act from 
 one court to anoth'jr, \)'2 
 
 references to, under railway Act, 230 
 
 TARIFF— 
 
 of fees to registrar, 147 
 
 of costs, 148 
 
 of fees to sheriffs, lOH 
 
 TAXATION— 
 
 of costs, generally, IHO 
 Bee CoMtn. 
 
 TERRITORIES— 
 
 of Canada, appeal when question relates to ordinance or act of 
 councils or legislative bodies of, 21 
 
 TIME- 
 
 computation of, 145} 
 
 meaning of expressions "clear days," " at least," " forth- 
 with," "month," "holiday," 14;-1 
 
 for bringing appeal, (50 days, 30 , 
 
 exceptions : 
 
 criminal appeals which must be brought at session of 
 Supreme Court during which affirmance of conviction 
 takes place, or next session if Supreme Court not (hen 
 in session, 73 
 exchequer appeals, to be brought within 30 days, 77 
 election appeals, to be brought within 8 days, 83 
 
 appeals from District of Keewatin under Winding-up Act, 
 to be brought within 14 days, 91 
 
 rule as to, when 00 days begin to run, 31 
 
INDEX. 278 
 
 'I l^E— Continued. 
 
 may be extended under si>ecial circuniHtance.B in ordinary 
 appeuls, 82 
 
 and in crin.intil appeals, 78 
 
 exclieqner appeals, 77 
 
 • , and appeals from Dislrict of Keewatin under Winding-up 
 
 Act, 91 
 
 copy of order extending time to be in case, 101 
 
 no appeal from order extending time, 39 
 
 case to be filed, in ordinary appeals within one month after allow- 
 an'^e of security. Hi"), 102 
 
 and 20 clear days before first day of session at which to be 
 heard, 117 
 
 in criminal and huheax corpuH appeals from British Columbia, 
 two months before first day of session, 126 
 
 from other provinces, one month, 126 
 for filing case, may be extended, 35, 103, 124 
 factums, to be deposited 15 days before session, 113 
 
 further reasonable time may be given, 124 
 
 in election appeals to be deposited three days before 
 session, 129 
 
 in cross appeal by respondent within two days after notice 
 
 under rule 61, 139 
 by appellant in cross appeal, within one week after notice, 139 
 inscription of appeal, to be 14 days before session, 117 
 time may be extended, 124 
 
 election appeal, to be set down when record received afid fee 
 on entering appeal paid, 84 
 
 in such appeals notice of setting down to be given within 
 three days, 84 
 
 or within extended time, 86 
 
 notice of appeal, from judgment on special case, or upon motion to 
 enter verdict or nonsuit upon point reserved at trial, or 
 for new trial, upon ground judge has not ruled according 
 to law, to be given within 20 da> , , 11, 12, 81 
 
 in criminal appeals, to be served on Attorney-General 
 of province within 15 days after atfirmance of con- 
 viction, 73 
 
 in maritime appeals, notice to be given within 15 days, 80 
 
 in cross appeal, 15 days' notice to be given, 139 
 
 notice of hearing, to be given fifteen days before session, 107, 108 
 
 except in criminal and habeas corpus appeals, in which from 
 On bario and Quebec, two weeks ; from Nova Scotia, New 
 Brunswick and Prince Edward Island, three weeks ; 
 from Manitoba, one month ; and from British Columbia, 
 six weeks, 127 
 notice of motion, to be served four clear days before tima of 
 hearing, 122 
 
 O.8.E.C. 18 
 
274 INDEX. 
 
 TIME -Co/j(/«»(v/. 
 
 security to be ^iven witliin 00 dayH, BB 
 
 in exchequer appealH.HOdaya, 77 
 
 in election appealH, H days, 83 
 
 in appeals from District of Keewatin, 14 days, 91 
 
 when fjiven in court beljw, time may be extended under 
 spcoiai circumstances, BB 
 
 unless appeal brouj^ht on for hearing within one ywar after security 
 allowed, hold abandoned, 12") 
 
 enlari^ed or abridj^ed for doing any act or taking any proceeding 
 upon terms, 142 
 
 grounds on which applications to enlarge or abridge time 
 may be granted, 142 
 
 TRANSCRIPT— 
 
 of reasons for judgment of judges of courts below to be in case, 101 
 of record to be sent to Privy Council, 203, 204 
 fee on certifying, 148 
 
 TRAN8LATION- 
 
 of factum may be ordered by any judge, 140 
 to be printed by party depositing, 140 
 of opinions of judges in courts below, 140 
 
 TRIAL— 
 
 appeal from judgment upon motion to enter verdict or non-suit 
 upon point reserved at, 11 
 
 <or upon motion for new trial, upon ground judge has not ruled 
 according to law, 12 
 
 notice of appeal to be given in such cases, 12 
 in criminal appeal. Supreme Court may grant new trial, 73 
 
 and when, 73 
 when verdict against weight of evidence new trial may be ordered, 
 50 
 but if new trial ordered by court below on this ground, the 
 appeal will not be heard, 50 
 
 VACATIONS— 
 
 at Christmas, 144 
 
 long vacation, 144 
 
 chambers not held during, 144 
 
 not computed in tima for filing case under rules, 144 
 
 VENDITIONI EXPONAS— 
 
 See WritM. 
 
INDEX. 275 
 
 VKRDICT— 
 
 appeal to lio from judgment upon any motion to enter, upon point 
 rcHerved at trial, 11 
 noticu of appeal to be f^iven, 31 
 
 when against weif^ht of evidence, new trial may be ordered, 60 
 
 but if now trial ordered on tbin ({round by court below, Supreme 
 Court will not bear a[)peal, 50 
 
 VVINDINdUP ACT, THE 
 
 special provisionH as to appeals under, !)1 
 
 wbo may appeal from decisiona under, 91 
 
 and from wbat courts, Dl 
 
 in Keewatin appeals to be to Supreme Court of Canada, 91 
 practice in sucb appeals, the practice of court appealed to, 
 
 yi 
 
 steps to be taken witbin fourteen days to perfect appeal and 
 to (»ive security, 92 
 
 appeal may be dismissed for want of prosecution with or 
 without costs, 92 
 appeal to Supreme Court if amount over ^2,000 : 92 
 
 proceedings under Act may be transferred from one court to 
 anotlier by order of two courts, or of Supreme Court of Can- 
 ada, 92 
 
 procedure in Supreme Court to apply to appeals under, 93 
 WITNESS— 
 
 See Evidence, Examination. 
 
 WRITS— 
 
 order for payment of money may be enforced by such writs as 
 
 court prescribes, 66 
 general order prescribing and regulating practice, 156 
 
 judgment or order for payment of money may be enforced 
 by fi.fa. goods or lands, 155 
 
 judgment or order requiring any person to do or abstain from 
 doing any act, other than payment of money, may be 
 enforced by attachment or committal, 155 
 
 form of writ of^. /«., 156 
 
 writ of ven. ex. may issue to compel sale of property seized, 
 157 
 
 form of writ of ven. ex., 158 
 
 in mode of selling and advertising, laws of province to be 
 
 followed, 158 
 no writ of attachment to be issued without an order, 159 
 form of writ of attachment, 159 
 writ of execution," what expression includes, 159 
 writs issued and endorsed, 159 
 form of praecipe for, 160 
 
276 INDEX. 
 
 yfRlTS— Continued. 
 
 general order prescribing and ref»ulatinf» practice — 
 
 judgment or order to be produced to officer issuing writ, 160 
 interest, poundage fees and expenses may be levied, 161 
 direction to sheriff to be endorsed, 161 
 
 how long a writ shall remain in force and howf renewed, 161 
 execution may issue within six years after judgment or order,^ 
 
 162 
 after that, by order, 162 
 
 ;/ stay of execution or other relief may be asked for, 162 
 
 writ may be amended, 162 
 schedule of fees to sheriffs and coroners, 162 
 coroners to be entitled to same fees as sheriffs, 165 
 order of a judge may be enforced in same manner as order 
 
 of the court to same effect, 1 65 
 no execution to issue against Crown, 165 
 
 , • ■ V. •; . order directing Crown to pay money to be certified to 
 Minister of Finance, 165 
 
 S