other order for determining the questions in controversy on the merits (r. 16). The High Court has also power, on hearing the appeal, to order judgment in favour of the party appealing, if it be satisfied upon the whole of the. evidence given before the County Court Judge that judgment ought to be so entered (King v. Oxford Co-operative Society, 51 L. T. (N. s.) 94). And a new trial will not be ordered on the grounds of the improper rejection of evidence unless some substantial wrong or miscarriage has been occasioned (Shapcott v. Chappell, 12 Q. B. D. 58; 53 L. J. Q. B. 77: 33 W. R. 183). 1. Order giving Leave to Appeal. (C. C. Act, 1867, sec. 13.) It appearing to me to be resonable and proper that the plaintiff [or defendant] should be allowed to appeal against my decision on the question of law raised by him on the trial of this action this day [or on the day of namely -] that [state the question] I do order that the plaintiff [or defendant] shall be at liberty to appeal accordingly. Given under my hand, and the seal of the Court, this day of 18-. J. S., Judge. Take notice that on the C. D., defendant. day of 18-, or as soon thereafter as counsel can be heard, the plaintiff [or defendant] will appeal by way of motion to the Queen's Bench Division of Her Majesty's High Court of Justice against the judgment of the said County Court, given in favour of the defendant [or plaintiff] on the trial of this action on the [or that part of the judgment &c., which [state the part appealed against]. And that the grounds of such appeal are 1. [State them in paragraph form according to the circumstances, and bearing in mind that the grounds of appeal must have reference only to such questions of law as were raised on the hearing.] And take further notice that, on the hearing of the said appeal, the plaintiff [or defendant] will apply to set aside the judgment given for the defendant [or plaintiff in the said County Court, and to have judgment entered for the plaintiff [or defendant], or that judgment of non-suit may be entered in the said action [or a new trial of the said action may be ordered]. To the defendant [or plaintiff), and Mr. W. C., his solicitor. N.B.-Examples of grounds of appeal will be found at page 836 of Mr. Heywood's Book of Practice. 3. Order Staying Proceedings Pending Appeal. (S. C. Rules, December, 1885.) [To be entitled in the County Court.] It is ordered that all proceedings upon the judgment given by this Court on the shall be, and the same are hereby stayed pending an appeal by the plaintiff [or defendant] against such judgment to the Queen's Bench Division of Her Majesty's High Court of Justice. Respondent's Agreement to Dispense with Security. [To be entitled in the County Court:] I, the undersigned, the above-named plaintiff [or defendant] hereby agree to waive and dispense with the giving by the defendant [or plaintiff] of security under the provisions of the Rules of the Supreme Court of Judicature, December 1885, upon his appealing to the Queen's Bench Division of the High Court of Justice against the judgment of the said County Court on the A. B., plaintiff [or defendant]. Witness 4. Application to the Court to Fix the Amount of Security. The plaintiff [or defendant] being dissatisfied with the judgment [order or direction] of the Court in point of law [or upon the admission or rejection of evidence] intends to appeal therefrom to the Queen's Bench Division of the High Court of Justice, and hereby applies to have the amount of security fixed pursuant to r. 14, of the Rules of the Supreme Court, December, 1885. 5. Order thereon (to be written at foot of the Application). It is ordered that the plaintiff [or defendant] shall deposit the sum of £or give security for the same, to the satisfaction of the registrar. 6. Notice of Sureties. See General Form, No. 1, p. 89. 7. Registrar's Notice of Time for Executing Bond. 8. Respondent's Consent to waive Affidavit of Sureties. 9. Affidavit of Sufficiency of Sureties. See General Form, No. 4, p. 90. 10. Bond when either party is Appellant. (In General Form, No. 5, p. 90, to the end of first recital, then proceed thus :) And whereas the said action came on to be tried in the said Court on the when a judgment was given for the said A. B., the plaintiff [or C. D., the defendant]. And whereas the said A. B. [or C. D.] has given due notice of his intention to appeal from the same to the Queen's Bench Division of the High Court of Justice. And whereas the registrar of this Court, has, in accordance with an order, dated the - fixed the sum of £- as the amount for which security shall be given by the said A. B. [or C. D.] pursuant to r. 14, of the Rules of the Supreme Court, December, 1885. I approve of this bond. And whereas the above-bounden E. F. and G. H., at the request of the said A. B. [or C. D.] have agreed to enter into the abovewritten obligation, and the security intended to be hereby given has been approved of by Mr. E. P., the registrar E. P., of the said County Court, as appears by his allowance registrar. in the margin hereof. Now, the condition of this obligation is such that if in the event of the said appeal being dismissed the said A. B., C. D. and E. F., any, or either of them shall pay unto the said C. D. [or A. B.] his executors, administrators, or assigns, the sum of £, being the amount of the money [or the value of the pro perty] affected by the judgment [order or finding] appealed from, then this obligation shall be void, otherwise shall remain in full force. Signed, sealed, and delivered by the above-bounden the presence of in [N.B.-This bond requires an ad valorem stamp.] A. B. (L. S.) E. F. (L. S.) 11. Memorandum of Deposit of Money in lieu of giving a Bond. Whereas [recite as in the above form of bond down to and omitting the recital of the willingness of the sureties to join in the security]. And whereas the said A. B. [or C. D.] in lieu of giving security by bond has this day deposited with the registrar money to the amount of the said sum of £ I approve of this Now the condition on which such money is deposited is such that in case the said appeal shall be dismissed the money so deposited with the registrar shall be paid by him to the said A. B. [or C. D.], and in case such appeal shall be decided in favour of the said A. B. [or C. D.] the said money shall be re-paid to him. [N.B.-This memorandum will not require a stamp.] 12. Notice of Deposit having been made. Take notice that the plaintiff [or defendant] has this day deposited with the registrar of the above Court the sum of £ (being the amount fixed by the order of the) in money, in lieu of giving a bond by way of security in respect of his appeal to the Queen's Bench Division of Her Majesty's High Court of Justice. 13. Briefs on the hearing of Appeal. Brief for the appellant [or respondent]. Copy Judge's notes [verbatim]. Observations [state them clearly and concisely, and refer to such statutes and cases as are applicable to the points of law involved in the appeal, and conclude with instructions or suggestions with regard to the costs of the successful party]. At foot state the name and address of the London agent (if any) and of the solicitor, thus: F. N., 10, New Inn, Strand, For R. A. D. & Son, Birmingham. and Mr. Tuesday, the 10th May, 18-. the Judge of the said and the affidavit of Upon reading the notes of His Honour, Judge County Court [or reading the affidavit of E. B., filed A. L., filed -], and after hearing Mr. of counsel for the appellant A. B. of counsel for the respondent C. D., It is ordered that the judgment given for the said A. B. [or C. D.] [or the nonsuit entered] on the trial of the action before the said Judge be set aside, and judgment entered for the plaintiff the said A. B. [or defendant, the said C. D.], [or that there be a new trial of the said action]. And it is also ordered that it be referred to one of the Masters to tax the costs of the said A. B. [or C. D.] of this appeal, which costs when taxed shall be paid by the said C. D. [or A. B.] to the said A. B. [or C. D.] or his solicitor. And it is further ordered that the registrar of the said County Court do re-deliver to the said appellant the bond given by him [or repay to the said A. B. [or C. D.] the sum of £ ,which was deposited with him] as security for the purposes of this appeal. 15. Order in favour of Respondent. By the Court. [Proceed as in the last form down to, and including, the words "It is ordered," and add: That the appeal of the said A. B. [or C. D.] be, and the same is hereby dismissed with [or without costs]-if with costs add a reference to taxation, and direction for payment, as in the last form.] By the Court. In Finch v. Johnson (2 T. L. Rep. 507) it was held that where on an appeal the Divisional Court had reduced the plaintiff's verdict from £50 to £5 78. 6d. and directed that his costs of the action should be taxed on the latter sum, the County Court Judge had no jurisdiction subsequently to allow plaintiff's costs on the scale over £20. Precedents of bills of cost on appeals will be found at page 447. BOOK IX. SECTION 1.-PROCEEDINGS IN ACTIONS AND MATTERS OF A SPECIAL Actions for £10 and upwards under the Bills of Exchange Act, 1855. Sir, [Address and date]. We are instructed by Mr. A. B. of to request payment by you of £the amount due to him as the payee [or indorsee] of a bill of exchange [or promissory note] for £ accepted [or made or endorsed] by you and dated The bill [or note] having been lost our client is willing on receiving payment of the sum applied for to give you a sufficient indemnity by the joint and several bond of himself and Mr. E. F. of - against the claims of any other person upon the bill [or note]. Mr. C. D. Yours obediently, A. and B. If the bill or note is not negociable, an indemnity cannot be required, but if it be so, the loss of it affords a good defence to an action upon it, or upon the consideration for it, unless an indemnity be given under sec. 70 of the Bills of Exchange Act, 1882. The indemnity may be by bond or agreement, or by a non-negociable promissory note, accompanied by an acknowledgment of the purpose for which it is given. Whilst treating of the practice under the Bills of Exchange Act, 1855, Mr. Pitt Lewis has omitted to refer to the provisions of sec. 70 of the Act of 1882; which may be accounted for by a supposition on his part that the section mentioned does not apply to an action in the County Court. It is confidently submitted that this would be an erroneous view of the subject, for the words of the section extend to " any action or proceeding upon a bill," and provides that "the Court or a Judge" may order that the loss, &c., shall not be set up. The Act does not allude to any Court or Judge in particular, and there being nothing to limit the power to a High Court or a Judge thereof, the words are sufficient to include a County Court. It is also considered that if the High Court, or a Judge of it, were meant by the section, the same power would be conferred on a County Court Judge by virtue of sec. 78 of the |