Page:Halsbury Laws of England v1 1907.pdf/335

 Part

III.

—Practice of the Supreme Court.

113

The security must be given

Sect. 5. in the Court below (e), before the appeal is lodged in the Admiralty Kegistry, and Appeals the amount of the security, usually £50, is fixed by the county court from Inferior

instrument of

Courts.

registrar (/).

The condition that £50 must be decreed or ordered to be due in order to render an appeal valid does not apply to plaintiffs who have claimed over £50 and obtained nothing, or to appeals by leave But no appeal is allowed to a plaintiff from interlocutory orders {g) whose claim is less than £50, as in such a case in no circumstances could more than ^£50 be decreed or ordered to be due (h) so also in a damage suit leave to appeal on a question of fact will be refused to a plaintiff who, though claiming over £50, has only sustained less than £50 damages (i). Where an appeal properly brought by a plaintiff is dismissed, the defendant cannot set up a cross appeal against the decision of the Court below when it appears that the only ground on which he can question that decision depends on a question of fact, and the amount claimed was under £50 (k).

-^q appeal

where

less

[^^^^^^^^ ^^^^

.



238. The instrument of appeal is, as above mentioned, a notice of Instrument appeal. the institution of the appeal, and has to be filed in the Admiralty Eegistry, together with the usual minute, and a folio number obtained. The stamp or Court fee to be paid is 10s. on the instrument of appeal (Q As soon as it has been filed a copy should be served on the adverse parties in the Court below. A Divisional Court generally sits on the first Tuesday of each month during the sittings, and if the appeal is entered for hearing, and a Court fee of £1 paid for the entry of the appeal (Z), and notice of hearing (unless dispensed with by consent) duly given, it will come on in regular course..

239. If the evidence in the Court below has been taken by a Evidence shorthand writer, the transcript of the evidence so taken, together P^i^^^^^with copies of the orders made and other material documents in the cause, are transmitted to the Admiralty Eegistry (m) and, together with the judge's notes of the hearing in the Court below and a copy of the reasons for his judgment, form the record, and are printed for the purposes of the appeal, the directions of the Admiralty Kegistrar being taken on summons if the parties do ,

court having Admiralty jurisdiction under the provisions of s. 120 of the County Courts Act, 1888 (51 & 52 Yict. c. 43), could be heard by the Court of Appeal without any security for costs having been given, and did not really determine that at the same time there was not an alternative method of appealing on a question of law under the Act of 1868 on security being first given, if it ever became necessary for any reason to appeal under the Act of 1868. (e) The Forest Queen (1870), L. E. 3 A. & E. 299; The Ganges (1880), 5 P. D. 247. (/) The Humher (1883), 9 P. D. 12. L. E. ^ {g) The Alexandria (1872), V

L.T.I 24.

3 A.

&

E.

574;

^'

The Falcon (1878), 3 P. D. 100. Burma (No. 2) (1899), 8 Asp. M. L. C. 549. {k) The Ahie Holme, [1893] P. 173. (0 See Order as to Supreme Court Pees, 1884. (m) See The Cynthia (1876), 2 P. D. 52, 53.

[h)

(0 The

The Alert (1894), 72 V

etc.