discretion of the judge. For examples of costs given before the Judicature Acts when a certificate was required, see The Minnehaha, Lush 335; The Fenix, Swa. 13; The Beaumaris Castle, 40 L. J. Ad. 41; 24 L. T. N. S. 448. It rests on the plaintiff to show some reason for proceeding in the High and not in an Inferior Court when he may do so.

of costs.

As regards the taxation of costs, the rules 119, 120, and Taxation 121, from A. C. R., 1859 (see post, App. III.), describe the initial proceedings, after which they continue in the manner described in the Rules of the Supreme Court (Costs); see App. II.

When costs have been taxed, an application for the usual order for payment may be made to the judge, and it, as part of the judgment, may be enforced in the same way (see O. xlii., et seq.).

Costs bear interest from the signing of the allocatur, since 1 & 2 Vict. c. 110, s. 17, is, by J. A., 1876, s. 76, applicable to the Admiralty Division (The Jones Brothers, 37 L. T. N. S. 164; 3 Mar. L. C. N. S. 478; see also Schroder v. Clough, 46 L. J. C. P. 365).

Retainers, both to the leading and junior counsel, are usually allowed on taxation, and refreshers if a case takes more than one day (The Neaera, L. R. 5 P. D. 118; 42 L. T. N. S. 743).

On a taxation of costs between solicitor and client, items rendered necessary by the negligence of the solicitor were allowed, on the ground that the negligence complained of would be cause for an action of negligence against the solicitor (The Pappa de Rossie, L. R. 3 P. D. 160).

With regard to appeals against the taxation of bills of Appeals costs, see Rules of Supreme Court (Costs), rules 30-33, taxation. against App. II.

The judge is very reluctant to interfere with the discretion of the registrar in the matter of taxation, the guiding principle in which is, that the party who has been successful in the action shall be indemnified for all expenses

Notices.

Service.

Filing documents.

Minutes.

to which he has necessarily been put (The Karla. Br. & L. 367).

3. Where a bond is to be given as security for costs, it shall, unless the Court or a Judge otherwise directs, be given to the party or person requiring the security, and not to an officer of the Court.

ORDER LVI.

NOTICES AND PAPER, ETC.

1. All notices required by these rules shall be in writing, unless expressly authorised by a Ccurt or judge to be given orally.

The next three rules from A. C. R., 1859, should be read with the above:

151. "The service of a notice by a solicitor may be effected by his clerk or agent, and if required to be verified shall be verified by affidavit."

152. "Notices required to be left in the registry shall be signed by the solicitor, or his clerk for him."

153. "Notices sent from the registry may be sent by post, and the day on which the notice is posted shall be considered as the day of the service thereof, and the posting thereof shall be a sufficient service."

156. No document shall be filed, unless properly indorsed and stamped.

157. No document of which a copy is required to be served on the adverse solicitor shall be filed in the registry without a certificate indorsed thereon, signed by the solicitor or by his clerk for him, to the effect that the document has been duly served.

159. If a solicitor, save by permission of the judge or registrar, do not file or serve on the adverse solicitor, as may be required of him any document within the time allowed by any of these rules, the adverse solicitor shall not be compelled to receive the same, save by order of the judge.

160. On filing any instrument or document, the solicitor shall state, in writing, on a printed form to be obtained in the registry, called a minute, the nature of the instrument or document filed, and the date of the filing thereof.

161. A record of all minutes, and of all causes instituted and appearances entered, and of all decrees and orders of the Court, shall be entered in a book to be kept in the registry, called the "Minute Book."

The cause book, Order V., R. 8, p. 109, has, for public purposes, superseded the minute book, which is now only used for the convenience of the officials of the registry.

180. Other persons may inspect the Court books on payment of Searches. the proper fee.

181. No person, except a party or solicitor in the cause or a clerk of the latter, shall be allowed, save by permission of the judge, to inspect any of the documents in a pending cause.

"Other," that is, than the parties and solicitors in a cause who are charged the fees for searches set out in the list of fees, see App. II.

3. Proceedings required to be printed shall be printed on cream Paper. wove machine drawing foolscap folio paper, 19 lbs. per mill ream, or thereabouts, in pica type leaded, with an inner margin about three quarters of an inch wide, and an outer margin about two inches and a half wide.

4. Any affidavit may be sworn to either in print or in manuscript, Affidavits. or partly in print and partly in manuscript.

See Rules of Supreme Court (Costs), Orders i., iii., v., App. II.

ORDER LVII.

TIME.

1. Where by these rules, or by any judgment or order given or Months. made after the commencement of the Act, time for doing any act or taking any proceeding is limited by months, not expressed to be lunar months, such time shall be computed by calendar months.

reckoned.

2. Where any limited time less than six days from or after any Days not date or event is appointed or allowed for doing any act or taking any proceeding, Sunday, Christmas Day, and Good Friday shall not be reckoned in the computation of such limited time.

3. Where the time for doing any act or taking any proceeding Sundays. expires on a Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of

Long vacation.

Enlarging and abridging times.

Motion to fix early day for trial.

doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open.

4. No pleadings shall be amended or delivered in the long vacation, unless directed by a Court or a judge.

5. The time of the long vacation shall not be reckoned in the computation of the times appointed or allowed by these rules for filing, amending, or delivering any pleading, unless otherwise directed by a Court or a judge.

6. A Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, 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.

6a. The time of delivering or amending any pleading may be enlarged by consent in writing, without application to the Court or a judge.

7. In Admiralty actions the Court or a judge shall have power at any stage of the proceedings in such action, upon a motion or summons by either party, calling upon the other party to show cause why the trial of such action should not take place on an early day to be appointed by the Court or a judge, to appoint that such trial shall take place on any day or within any time which to the Court or judge shall seem fit; and for such purpose the Court or judge shall have power, upon such motion or summons, to dispense with the giving of notice of trial, or to abridge the time or times appointed by these rules for giving such notice, for the delivery of pleadings, or for doing any other act or taking any other proceeding in the action, upon such terms (if any) as the nature of the case may require.

Appeals.

ORDER LVIII.

APPEALS.

2. 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. The appellant may by the notice of motion appeal from the whole or any part of any judgment or order, and the notice of motion shall state whether the

whole or part only of such judgment or order is complained of, and in the latter case shall specify such part.

3. The notice of appeal shall be served upon all parties directly Notice of affected by the appeal, and it shall not be necessary to serve parties appeal. not so affected; but the Court of Appeal may direct notice of the appeal to be served on all or any parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may seem just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties. Any notice of appeal may be amended at any time as to the Court of Appeal may seem fit.

4. Notice of appeal from any judgment, whether final or interlocutory, shall be a fourteen days' notice, and notice of appeal from any interlocutory order shall be a four days' notice.

further

5. The Court of Appeal shall have all the powers and duties as to Amendamendment and otherwise of the Court of First Instance, together ment and with full discretionary power to receive further evidence upon evidence. questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon appeals from a judgment after trial or hearing of any cause or matter upon the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Court. The Court of Appeal shall have power to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require. The powers aforesaid may be exercised by the said Court, notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Court of Appeal shall have power to make such order as to the whole or any part of the costs of the appeal as may seem just.

of further evidence.

The Court of Appeal will rarely allow the admission Admission of further evidence unless very strong reasons can be shown in favour of the application. Where no application for an adjournment of the hearing below was made