TABLE OF CASES.
xvil
PAGE
PAOH
0.
Pontifcx v. Severn ,
Pooley v. Bosanquet
. 9, 62
93
Oakwell Collieries, In re
92
v. Driver .
86, 95
1 tastier v. Henderson
63
Potter v. Chambers
9, 35
O'Neile v. Clason
14
v. Cotton . .
. 64
Oriental Bank v. Fitzgerald
20
Powell v. Jewsbury
41
Original Hartlepool Collieries
v.
v. Williams
58, 59
Gibb ....
34,
38
Pringle v. Gloag
86, 87
Orr-Ewing & Co. v. Johnson
&
Protector Endowment Co. v. Whit
Co
77
ham ....
. 71
Orr-Ewing's Trademarks, /" re
83
Pullen v. Snelus
36
( >rtner v. Fitzgibbon
20
Purnell v. Great Western Railwa;
1 (wen v. Henshaw .
72
97
Co. and Harris . .64,
74, 96
v. Wynn
50
Pauley r. Camphausen .
15
Padwick v. Scott .
34
Pannell v. Nunn
64
Papayanni v. Coutpas .
21
Paraire v. Loibl
39
Paris Skating Rink Co., In 're
29
Parker, /// re
28
Parpaite Freres v. Dickenson
13
Parsons v. Harris .
45, 66
!'. Tinling
83
Payne, Ex parte
76
Peacock v. Hooper
56
Pearse v. Spickett .
45
Pease v. Fletcher
5
Peek v. Trinsmaran Iron Co.
6
Pellas v. Neptune
34
People's Garden Co., In re
4
Percy and Kelly Nickel, &C, Co.
J n re .
85
Perkins v. Dangcrfield
68
Peru (Republic of) v. Weguclin
82
Pheysey v. Pheysey .
80
Philippa r. Philipps
87
Phillips & Gill, In re .
12, !>■•!
v. Phillips
. 43
v. South- Western Railwa
Co. .
64
Phosphate Sewage Co. v. Hartmon
t 80
v. Molleson .
4
Pierpoint v. Cartwright .
7
Pike v. Keene
25, 53
Pilcher, In re ...
96
v. Hinds .
32
Pilley v. Baylis
59
Polini v. Gray
81, 82
Pontifex v. Midland Railway Co.
9
K.
Rafael v. Ongley . . .
Ralph r. Carrick . , . .
Ray v. Barker ... 20,
Real and Personal Advance Co. V.
McCarthy . . . . 6,
Reddish, Ex parte
Redinayne v. Vaughan
Redondo v. Chaytor
Rees, In re
Regina v. Fletcher
v. Pemberton
v. Steel
v. Swindon New Town Local
Board .
Renshaw v. Renshaw
Rhodes v. Airedale Draining Com-
missioners .
V. Jenkins .
Richards V. Kitchen
Richardson, In re .
Richardson r. Elmit
Robarts v. Buee
Roberts t\ Evans
Robertson v. Howard
Robinson v. Chadwick .
Roe v. Davies .
Rogers r. Jones .
v. Manby .
Rolfe o. Maclaren
Ri^s v. Gibbs .
Rotheram v. Priest
Roupell v. Parsons .
Rowclill'e v. Leigh
R"\ le, la re . .
Ramsey v. Reade
Runnacles v. Mesquita
Runtz v. Shetlield ,
23,
43,
14
76
21
46
75
58
85
26
3
7
33
3
79
68
87
70
86
24
40
90
56
. . 56
35, 54, 67
. . 51
. 20
. . 45
50
12
67
20
94
48, 49,
54,
TABLE OF CASES.
. Tpbin
Rutter i>. Ti. »en1
PAGE
27, 59
. 07
S.
Sapfi i;v. Ex pa/rte . . 79, 95
St. Nazaire Co., In re . 2, 42, 7:"'
Sanderson, / ... 86
•. Bilton . . . . 34
Saundi lones . . .49
" • 91
. / . . partt ... 77
.ilk . . . 5
' r Waggon Co. . 9
Bcotl v. Royal Wax Candle Co. . 15
Ler v. Central Bank of London 5
Scutt 'â– . Freeman . . 61, 65
Seymour v. Coul . â– 7
Bharrock v. London & North
Western Railway Co. . . 7,
Bhaw v. Earl of Jersey . . .
Bhelford <\ Louth <.v Easl Coa I
Railway Co. ....
Sheward v. Lord Lonsdale
â– . Price k Co. . .
Biddons v. Lawrence .
Simmons v. Btorer . . . •
i Manufacturing Co. v.
â– Pucker ... .
Sloman v. Govt rnorof .V v '/.• land
Smith, Ex parte . . . •
J n re . . . â–
v. Berg .
r. Dobbin . . 13, 17,
v. Ghrindley
v. Richardson . . 22
v. Wilsoi ...
litre. . â– â–
Snell, //' /•<• ....
r, In n a • •
ark and Vauxhall Wat
p. Quick
Bpilli i i I Co, .
Ward .v Co.
Bprunt v. Pugh . . . .
Sj.urr /•. Hall ....
buiidt '•. Walford . . .
i I .
.
V. D'lXOD ....
PAGE
St: uart v. Gladstone . . . 54
Stilling r. Du Barry . . .94
Stockton Iron Furnace Co., In re 75
Stokes V. Grant . . 43
Stone v. Bennet . . 28
Snavy v. Waddle ... 89
Street r. Glover . . 38
Stubbs' Estate, In re . . . 90
v. Boyle . . .62, 66
Sugden v. Lord St. Leonards . 76
Sugg u. Silber . . . . 58
Suteliffe v. .Tames ... 36
Swansea (Mayor of) v. Quirk . . 48
Swansea Shipping Co. V. Duncan
16, 17, 29, 31
Swindell v. Birmingham Syndicate 59, 78
Sykes v. Firth . . . . 59
Symonds v. Jenkins ... 67
T.
6
Tasmaman Alain Line Railway Co
V. (lark
60
20
Tawell r. Slate Co.
32
49
Taj lor's Case
79
71
Taylor v. Fatten
52
78
v. Eckersley
6
83
v. Keily
52
87
v. Jones .
94
59
T< ananl v. Rawlings
82
51
r. Flsorn
74
15
V. Williams
5,
59
29
Thompson v. Marshall .
21
97
r. Woodfine
34
19
Thorley Cattle PoodCo. v. Ma am
5
', 19
Thorn 0. Smith .
15
7
Thorp v. Boldsworth
36,
<;7
, 31
Tilde lej v. Barpei . , 36,
43,
67
13
Tilney v. Stansfield
69
53
Tiiiiins, /// re
90
87
Tomlim v. Que* d
52
6
Tottenham r. Harry .
16,
17
Traill v. Jackson .
79
50
en v. Bray
29
- g
Trotti r'l < laim .
74
59
1 U 1 . Shenton .
41,
80
7-';
Turner v. ll< dn« Eord < la ' !o,
• 4,
30
â– i:;
r. lli viand
83
l-
0. Samson .
41
Turquand v. Wit-on .
54
67
35
Twycross v. Dreyfus
16
30
v. Grant .
27
TABLE OF CASES.
xix
Union Bank of London p. Ma
•17, 50, 52
I'sil p. Brearley . . . .80
Vai de Tkaveks Asi iialte Co. V.
London Tramways Co. '
Vale p. Oppert . . . .
Vallance p. Birmingham & Midland
Land Investment Corporation
Vavasseur p. Krupp
" Victoria " .
Viiu'v, Ex parte .
•ji;
34, 45
. 80
7!>
W.
66,
Waddeli p. Blockey .
Walker v. Budden .
v. Hicks .
Wallis p. Hepburn
v. Lichfield .
Wallingford v. Mutual Society
Walsall Overseers v. London and
North Wc.-tcrn Railway I !o,
Ward, Ex parte .
v. Hall
p. Pilley .
v. Wyld
Warner p. Murdoch
Warraker p. Pryer .
Watson p. Rod well
Watl p. Barm it
Webb p. Bast
v. Mansell
Webster p. Whewall
W'c dderburn p. Pickering
Wells p. Mitcham Gas Co. .
Welsh Steam Coal Collieries Co. V
< kell .
West p. White ... 58,
West of England Bank p. Canton
Insurance <'o. . . . .
West of England Bank p. Nickolls
43,
Westbourne Grove Drapery Stores
In re
Westei n of < ianada < 'il Co., In
Westman p. Aktiebolaget, &c.
W'le tstone p. Dew is
Whistler v. Hancock
Whitaker r. Thurston
White p. Bromige .
v. Witt .
Whittle, Ex parte .
Whitley v. Honeywell .
Whittaker v. Robinson .
Widgi on p. Tepper
Wilk's Trustees, &c, V. Jud
Wilkins p. Bedford .
Willcock v. Terrell
Williams p. Bindon
v. Bolland
V. Richardson .
v. Snowdon .
Williamson v. London and
Western Railway Co.
Wilson p. Church 26, 27, 48
v. Smith
Wingrove v. Thompson
Winterfield r. Bradnum .
Witham p. Vane .
Witt v. Corcoran
v. Parker
Wood and Ivery p. Hamblet
Wood p. Kay
Woods p. Melnnes .
Woolf v. Pemberton
Wortley, In re
Wright v. Clifford
v. Redgrave .
v. Swindon Railway Co.
Wymer p. Dodds .
North
39,
67,
10
55
15
32
41
33
42
76, 78
79
14
90
72
80
61
73
8
10
32
4
40, 43
81, 82
80, 81
2f>
31
8
9
60
59
17
24
90
til
4
28, 44
26
Yetts P. Foster . . . . 63
Yorkshire Banking Co. p. Beatson 21
Yorkshire Waggon Co. p. Newport
Coal Co 31
Young p. Brassey . . . 16, 17
p. Kitcheu . . . 5, i>4
A DIGEST
OF THE
LAW OF PRACTICE
PART I.
PRELIMINARY.— THE ACTS.
1. The Supreme Court of Judicature consists of two
permanent Divisions, of which
A. The High Court of Justice exercises original juris-
diction with certain appellate jurisdiction from Inferior
Courts ;
B. The Court of Appeal exercises appellate juris-
diction with such original jurisdiction as is incident there-
to, including all the powers and duties as to amendment
and otherwise of a Court of First Instance (a).
A. The High Court of Justice is a Superior Court of
Record, and has vested in it the jurisdiction formerly
vested in (1) the High Court of Chancery, (2) the Court
of Queen's Bench, (3) the Court of Common Pleas, (4)
the Court of Exchequer as a Court of Revenue, as well
as a Common Law Court, (5) the High Court of Admi-
ralty, (6) the Court of Probate, (7) the Court for Divorce
and Matrimonial Causes, (8) the Court of Common Pleas
at Lancaster, (9) the Court of Pleas at Durham, (10) the
Courts created by commission of Assize, of Oyer and
Terminer, and of Gaol Delivery, or any of such com-
missions (b) ; but not
(a) Judicature Act, 1873, s. i, and 0. LVIII. r. 5.
(6) B. lti.
B
2 THE LAW OF PRACTICE.
(I) Any appellate jurisdiction of the Court of Appeal
in Chancery or of the same Court sitting as a Court of
Appeal in Bankruptcy [and no Judge of the High Court
has jurisdiction to rehear an Order made hy him or
another judge (r)} , nor (2) any jurisdiction of the Court
of Appeal in Chancery of the County Palatine of Lan-
caster, nor (3) any jurisdiction vested in the Lord Chan-
<•ell.ii- in relation to lunacy, &c, grants of Letters Patent,
Commissions, &c, under the Great Seal, jurisdiction of
the Lord Chancellor on behalf of Her Majesty as Visitor
of any College or Charitable or other foundation, nor (4)
any jurisdiction of the Master of the Polls in relation to
records ('/).
1 5. The Court of Appeal is a Superior Court of Record,
and has vested in it the jurisdiction and powers of (1) the
I. Mid Chancellor and the Court of Appeal in Chancery
and the same Court as a Court of Appeal in Bankruptcy
[hut whether including jurisdiction to rehear an appeal
under the Bankruptcy Act, 1809, qncere (<?)], (2) the Court
of Appeal in Chancer}' of the County Palatine of Lancas-
ter. (3) the Court of the Lord Warden of the Stannaries,
(4) the Court of Exchequer Chamber (/).
2. Subject to the consent of the Attorney-General,
where necessary (r/), and to conditions imposed hy Order
of the House of Lords as lo value of subject-matter,
security for costs, time within which appeal may be
brought, {ind generally all matters of practice and pro-
cedure (It), and omitting cases where appeal did not
formerly lie to the House of Lords and shall not here-
after be authorised hy Orders of the said House (i), an
appeal lies to the House of Lords from any Order or
Judgment of (1) the Court of Appeal in England; (2)
any Court in Scotland from which error or appeal pre-
viously lay to the House of Lords by Common Law or
Statute; (8) any Court in Ireland from which error or
appeal similarly lay (J).
(r.) In re St. Nazaire Co., 12 Ch. D. 88.
(,/) S. 17.
(ci Bz parte Banco de Portugal, re Hooper, 14 Ch. D. 1,
(ft B. 18.
(y, A pp. Juried. Act, 1876, s. 10.
(k) Da b. II.
(i) Do. h. 12. (j) Do. s. 3.
APPEAL. — LAW AND EQUITY. 3
3. An appeal lies in Ecclesiastical Cases, and from
Indian and all Colonial Courts, Channel Islands, and
Isle of Man, to the Judicial Committee of the Privy
Council (k). But no such appeal can be brought as to
costs alone (/).
4. The Court of Appeal lias jurisdiction to hear appeals
from any Judgment or Order of the High Court of Justice,
or of any judge or judges thereof (m), including a judg-
ment of the Queen's Bench on a case stated by a Court
of Quarter Sessions (//), and a decision of the High Court
on a special case stated by an umpire under the Lands
Clauses Consolidation Act, 1845 (o), but not including
appeals in the first instance from Inferior Courts, which
should be made to a Divisional Court (;>), whose deter-
mination shall be final, unless special leave to appeal to
the Court of Appeal be given by such Divisional Court (q).
5. In every civil cause or matter commenced in the
High Court of Justice law and equity shall be administered
by the High Court of Justice and the Court of Appeal
respectively, according to the rules following : — The said
Courts respectively, and every judge thereof, shall give
such effect as the Court of Chancery would have formerly
given to every equitable estate, right, or ground of relief,
alleged by any plaintiff (r) or defendant (s) ; and shall
have power to grant to any defendant in respect of legal
or equitable rights all relief properly claimed by his
pleading against the plaintiff or against any other person
duly served with notice in writing and thereby deemed a
(/,•) App. Jurisd. Act, 187(5, s. 14.
(/) Credit Fonder of Mauritius v. Paturau, 35 L. T. 869.
(7/1) J. A. 1873, s. 19.
(n) Walsall Overseers v. Loudon and North Western Railway Co., 4
App. 30.
(o) Bidder v. North Staffordshire Railway Co., 4 Q. B. D. 412, following
Rhodes v. Airedale Draining Commissioners, 1 C. P. D. 402.
(p) Clarke v. Roche, 36 L. T. 727.
lq) S. 45, and sec Appleford v. Judkins, 3 C. P. D. 4S9 ; Barton v.
Titchmarsh, 49 L. J. Ch. D. :">7'> ; ami on extent of jurisdiction of Court of
Appeal in appeals on criminal cases sec s. 47, Re;/, v. Steel, 2 Q. P>. D. 37 ;
R>n. v. Fletcher, 2 Q. B. D. 43 ; Blake v. Beech, 2 Ex. D. 335 ; Mellor v.
Denham, 5 Q. B D. 467.
(r) S. 24, sub-sec. (1).
(s) Do. (2). See Mostyn v. West Mostyn Coal <k Iron Co , 1 0. P. D.
145 ; Newell v. Provincial Bank of England, 1 C. P. D. 496; Byre v.
Hughes, 2 Ch. D. 14S.
B 2
4 THE LAW OF PRACTICE.
party, provided such relief is connected with the original
subject of the cause or matter (t) ; and shall take notice
of equitable rights and duties appearing incidentally in
tbe course of any cause or matter (u). With or without
application by motion in a summary way on the part of
any person, whether a party or not, who would have been
formerly so entitled, either of the said Courts, if it shall
think fit, may direct a general or partial stay of proceed-
ings in any cause or matter pending before it, and may
make such Order as shall be just (v). Thus, e.g., an
Order may be made where after decree the plaintiff is
found to have no title, and the applicant has been served
with notice of decree (w). But an Order restraining an
action in another Division is bad where the party who
obtains it could not have done so formerly by injunction
in equity, and where the parties are not the same in the
two actions (x). And the Chancery Division cannot
issue an injunction restraining a sheriff from selling
goods under a writ of another Division (y). All such
remedies shall be granted as any parties appear to be
entitled to in respect of legal or equitable claims properly
brought forward, to the end that matters in controversy
may be finally determined (z). And this end may be
reached by directing a stay of proceedings (a), which in
some cases may be done on application by summons (b).
But all necessary parties must be joined, as e.g. in an
(t) S. 24, sub-sec. (3). For rules as to counter-claim, see paragraphs
26, 27, 28; and as to third parties, pp. 21, 22, 23. See also Turner v.
//. Inesford Oas Co., â– '. V.x. 1). 115; Bagot v. Easton, 11 Ch. D. 392;
Marner v. Bright, Jo. note.
(tt) B. 24, sub-sec. (4). See Hiit/hes v. Metropolitan Railway Co., 1
C. 1'. I>. 120, 2 A].p. Ca*. 439 ; Williams v. Snowdon, W. N. 1880, 124.
[v) \>«. (:,).
(tr) Houseman v. Houseman, 1 Ch. D. 535.
(X) Oroide v. Russell, 4 C. P. I). 186.
(y) Wright v. Redgrave, 11 Ch. D. 24. As to discretion of Court, see
Photpha.tr, Xarfi'/r Co. v. Molleson, 1 App. C. 780 ; Dawkins v. Prince
Edward of &uee- Weimar, 1 Q. J',. D. 499 ; and generally Garbutt v. Fuweus,
1 Ch, l». 155; Fraser v. Burrows, 2 <,>. li. D. 621; Blcuitt v. howling,
W. N. 1875, 202. As to proceedings against a company pending a winding-
up petition, see In re People's Garden Co., 1 Ch. D. 41 ; Kingchurch v.
People's Garden Co., 1 C, I'. I». 45.
'-) S 24 (7 .
i„ ] Eden ■■\<>i.'h, 7 Ch. D. 781 ; Hedlep v. Pates, 13 Ch. D. 498.
(b) Ldmondnv. Attorney General, 47 L. J. Ch. D. 345.
INJUNCTION. RECEIVER. 5
administration action the general administrator of an
intestate (c).
6. All legal and other remedies for the recovery of a
chose in action shall pass to the assignee by a proper
assignment (d), hut it does not follow e converso that a
plaintiff can necessarily recover damages from the
assignee for default of the assignor (e).
7. An injunction may be granted by an interlocutory
Order, where it appears just or convenient, and whether
the estates claimed are legal or equitable (/) or partly
legal and partly equitable (g). The jurisdiction of the
Court herein is practically unlimited. Thus, the assign-
ment of a special penalty to a new statutory offence does
not take away the remedy by injunction (h). And the
Court can restrain an unfit or incompetent arbitrator (i)
and the publication of a trade-libel, semble, even where
not found such by a jury (J). But semble, it will not
usually, on interlocutory motion, restrain an advertise-
ment containing false representations (k), though it has
power to do so, as where the matter has been found
libellous by a jury (I), or where it concerns a sale ordered
by the Court (m). Notice should be given of motion for
an injunction (n).
8. Under similar circumstances a receiver may be
appointed (o), but where such appointment is sought by
action the writ of summons must be indorsed accord-
ingly (p). But a receiver may be appointed even before
service of writ in view of impending bankruptcy (<{).
Where the risk is immediate the plaintiff may be appointed
interim receiver, even without security, as for fourteen
(c) Dowdeswcll v. Dowdeswell, 9 Ch. D. 294. {d) S. 25 (6).
(e) Young v. Kitchen, 3 Ex. D. 127 ; Schroder v. Central Bank of London,
34 L. T. 735.
(/) S. 25 (8). (g) Pease v. Fletcher, 1 Ch. D. 273.
(A) Cooper v. WMttingham, 4:i L. T. iti.
(t) Beddow v. Beddow, 9 Oh. D. 39.
(j) Thomas v. Williams, 43 L. T. 91 ; 14 Ch. D. 86 i.
(k) Thorley Cattle Food ( 'o. v. Massam, G Ch. D. 582.
(I) Saxby "v. Easterbrook, :i C. P. D. 339.
(m) Dean v Wilton, 10 Ch. D. 136.
(n) Hennessy v. Jlohman, Osborne and Co., W. N. 1877, 14.
(o) S. 25 (8).
(p) Colebourne v. Colcbmirne, 1 Ch. D. 690.
( 3 ) H. v. H., 1 Ch. D. 276.
6 THE LAW OF PRACTICE.
days, or until one is appointed under reference to Cham-
bers {r). But a party to an action should not generally
be receiver without the assent of the other side (s). Yet
an unpaid vendor has been appointed receiver to a Com-
pany without security or salary (t). One appointed " on
giving security" is not receiver until it is given (u). An
interim manager has been appointed in a foreclosure
action brought by debenture-holders against a Com-
pany (v). The appointment of a receiver by a judgment
creditor without any writ of elegit is a delivery in execu-
tion of equitable property (to). Where an action is
pending in one Division application for a receiver should
be made in that Division (x).
9. The granting of an injunction or appointment of a
receiver may be unconditional or upon terms (?/). Gene-
rally, it may be said that the old principle is enlarged
but not altered (z).
10. Generally, the rules of Equity shall prevail (a).
Hence, in Common Law Divisions, an order for changing
a solicitor will be without provision for payment of his
costs (b).
The causes and matters specially assigned to the
Chancery Division comprise (inter alia) — (1) administra-
tion, (2) partnership and accounts, (3) redemption and
foreclosure of mortgages, (4) portions, (5) sale of property
subject to charges, (6) trusts, (7) rectification or cancel-
lation of written instruments, (8) specific performance, (9)
partition or sale, (10) care of infants and their estates (c).
<r) Taylor v. Eekersley, 2 Oh. P. ,°,02.
. Tn n Uoyd. Allen v. Lloyd, 12 Ch. D. 447.
(t) Boyle v. Bettwys LUvntwU Colliery Co., 2 Ch. D. 276.
(v) Edwards v. Edwards, 2 Ch. D. 29L
(r) W y. Trin iii'ti-ii n I, -mi ('o., 2 Cli. D. 115.
/â– .'spurt' Eva/ns, Id Watkins, 11 Ch. D. 769.
j Barr v. Barr, W . X. 1876, 44.
v, B. 25 (8). For example of terras see Shaw v. Earl of Jersey, 4
C. i'. I). 859.
| Qatlein v. Ball, 18 Ch. I). 824, 329. See also Real and Personal
Advaaa Co. v. M'Carthy, 27 W. R. 706; Anglo- Italian Hank v. Varies,
9 Ch. I). 275 : Bryant r. Bull, 10 Oh. I). 185 ; Hedley v. Bates, 13 Oh. D.
498, and compare 0. MI. r. 'â– '>, 4. On appointment of receiver or manager on
application of an onpaid creditor of a railway company, sec In re Manchester
,t- Milford Railway Co., Ex parte Cambrian Railway Co., II Oh. D. 645.
(a) 8. 25 (11), and see Atherley v. Harvey, 2 Q. B. D. 524.
b) Orant v. Holland, 3 C. P. P. 180. (c) S. 34.
CHANCERY DIVISION. — INFERIOR COURTS. 7
(1). Where a plaintiff sues as administrator knowing
that another claims to administer, and his letters of
administration are afterwards revoked, he loses his
costs (d).
(7). Where a defendant in another Division relies on
an equity to set aside a deed, such Division has juris-
diction so far as is necessary to give effect to his
defence («).
(9). In such an action an Order for sale may he made
under O. XL., r. 2 (/). The place and manner of the
sale are in the discretion of the judge (g). And where
the conduct of the sale is given by the Court to one
person, whether a party or not, no other person may
interfere (as hy advertising without authority) (h).
11. Appeals from Inferior Courts lie to Divisional
Courts, whose determination is final, unless special leave
to appeal to the Court of Appeal be given by such
Divisional Courts (â– /). This rule includes appeals from
a County Court (j). Such appeal under the County
Courts Act, 1875, s. 6, cannot be on a question of fact
within the jurisdiction of the County Court as a Court of
Common Law (k). It may be on a note required to be
made at the trial of a point of law, or on a note made :it
the trial without request, but afterwards asked for by the
appellant, but must not be on a note made subsequently
to the trial (/). And a judgment may be upheld on
appeal, not on the grounds given by the County Court
Judge, but on other reasons which appear in his notes (m I.
The rule applies to a case reserved at Quarter Sessions (n),
and to an application for a rule to Justices to state a
case, such application to be made to the Queen's Bench
(d) Houseman v. Houseman, 1 Ch. D. 535'.
(e) Mostyn v. West Mosti/n Coal and Iron Co., 1 C. P. D. 145.
(/) Burnett v. Burnett, il Ch. D. 213. See para. 81.
((/) Afacdonald v. Foster, 6 Ch. D. 193.
(h) Dean v. Wilson, 10 Ch. D. 136.
(t) S. 45.
(,?') Crush v. Turner, 3S L. T. 595.
(&) Cousins v. Lombard Deposit Bank, 1 Ex. D. 404 ; Cf. Sharroek v.
London and North Western Railway Co., 1 C. P. D. 7o.
(/) Seymour. v. Coulson, 5 Q. B. D. 359, and Pier point v. Carticright.
5C. P. 1). 139.
(»i) Chapman v. Knight, 5 C. P. D. 30S.
(») Rej. v. Swindon New Town Local Board, 49 L. J. C. L. D. 522.
8 THE LAW OF PRACTICE.
Division (o). But an appeal lies without special leave
from refusal of rule to show cause why writ of certiorari
should not issue to bring up an Order to the Queen's
Bench Division from Petty Sessions (p). And the Court
of Appeal has jurisdiction in questions of law arising upon
the records of the Mayor's Court (q), where there is error
on the record ; otherwise an appeal lies to a Divisional
Court, and from that only by special leave to the Court
of Appeal (r). An appeal from a County Court (or semble,
other Inferior Courts) is not taken in Chambers (*).
12. No appeal lies from an Order made by the High
Court or a Judge (1) by consent, or (2) as to costs
only (t), except (1) by leave, (2) where such order is not
made in exercise of discretion and not accompanied by
any other direction (u), (3) where the Order imposes pay-
ment of costs within a given time as a condition of having
a new trial (*•).
13. Orders made by a Judge at chambers not in the
exercise of his discretion may be set aside or discharged,
upon notice TQu. of motion] by the Judge sitting in
Court or by any Divisional Court ; and this even where
consent has been given on behalf of a client by such
client's inadvertence, and he has afterwards withdrawn it,
but gecus where he has changed his mind (w). But semble,
such discharge will be granted by a Judge in another
Division only where the Division to which the cause or
matter is assigned is not sitting (as). No appeal from an