agree that if the appellant has done all that he could do to comply with the statute, it is sufficient, although the notice may not actually have reached the respondent. I see no other way of carrying out the Act.” In giving judgment in Morgan v. Edwards (29 L. J., M. C. 108), upon an objection taken that the case had not been sent to the respondent within the three days, CHANNEL, B., said: "We guard ourselves, however, as the Queen's Bench did, to this extent, that when the appellant may have done all that he could in order to comply with the statute, as, for instance, supposing personal service on the respondent to be necessary, and made impracticable by his keeping out of the way, there might be a ground for considering how far a party might be left to enter his case, although the statute may not have been strictly complied with."

Affidavits, how to be entitled.—If, in the course of the proceedings, it is necessary to use affidavits, care must be taken that they be properly entitled. The rule upon the subject seems to be this: When a case is de facto in court, all affidavits should be entitled in the names of the parties. Where, therefore, upon a case stated under the 20 & 21 Vict. c. 43, a motion was made to strike it out of the paper, on the ground that the appellant had not duly entered into his recognisance, and the affidavit upon which the motion was made was only entitled in the court, and not in

the names of the parties, the court held that the affidavit was irregular, and the rule was discharged: (Johnson v. Simpson, 1 L. T. Rep. N. S. 60.)

Rules of Court as to setting down Case, delivering Copies of Case, &c. to the Judges.—Under the provisions of the 10th section of this statute the Courts have promulgated the two following

FIRST. It is ordered that, in cases of appeal
to a superior court, under 20 & 21 Vict.
c. 43, the 15th and 16th Practice Rules
of Hilary Term, 1853, so far as the same
are applicable, shall be observed.
SECOND. And in cases where the appeal is to
be heard before a judge at chambers, the
appellant shall obtain an appointment
for such hearing, and shall forthwith
give notice thereof to the respondent,
and shall, four clear days before the
day appointed for the hearing, deliver
at the judge's chambers a copy of the

case.

The 15th and 16th Practice Rules, referred to in the first of the above rules, are as follows:— Rule 15.-No motion or rule for a certiorari

shall be required; but demurrers, as well as special cases, special verdicts, and appeals from county courts, shall be set down for argument in the special paper, at the request of either party, four clear

days before the day on which the same are to be argued, and notice thereof shall be given forthwith by such party to the opposite party.

Rule 16. Four clear days before the day appointed for argument the plaintiff shall deliver copies of the demurrer book, special case, special verdict or appeal cases, with the points intended to be insisted on, to the Lord Chief Justice of the Queen's Bench, Common Pleas, or Lord Chief Baron, as the case may be, and the senior puisne judge of the court in which the action is brought, and the defendant shall deliver copies to the other two judges of the court next in seniority; and in default thereof by either party the other party may, on the day following, deliver such copies as ought to have been so delivered by the party making default; and the party making default shall not be heard until he shall have paid for such copies, or deposited with the master a sufficient sum to pay for such copies. If the statement of the points have not been exchanged between the parties, each party shall, in addition to the two copies left by him, deliver also his statement of the points to the other two judges, either by marking the same in the margin of the books delivered, or on separate papers.

Delivery of Paper-books.-It may here be mentioned that the proper place for delivering the paper-books is the judges' chambers, and the delivery to the judge's clerks at Westminster is irregular: (Howell v. Wynne, 8 L. T. Rep. N. S. 577.)

Points to be stated and exchanged.—It will not be forgotten that points should be stated and exchanged as in an ordinary special case.

Sending back the Case to be amended.-Upon the case being set down for argument each party will prepare for the hearing. If, however, the question should not be accurately stated by the justices, or any facts have been omitted which either party deems to be important, he may apply to the court upon affidavit that the case may be sent back to be amended (sect. 7): (The Yorkshire Tire and Axle Company v. The Rotherham Board of Health, 27 L. J., C. P. 235.)

Practice upon the Argument.-Until recently the practice of the Courts at Westminster was not uniform as to the party who had a right to begin; the Queen's Bench and the Exchequer requiring the complainant or informant below in all cases to commence, whilst the Common Pleas heard the appellant first. This diversity is now at an end, and each Court requires the appellant to begin.

Only one counsel is heard on each side, and the appellant's counsel has a reply.

Upon the hearing of the case, if the respondent

does not appear, the appellant, in order to entitle himself to the judgment of the court, must show that the decision of the justices was wrong: (Syred v. Carruthers, 27 L. J., M. C. 273; Ell. Bl. & Ell. 469.)

Upon the argument the appellant will not be allowed to take objections which were not raised before the justices. Therefore, where the appellant was charged with knowingly permitting persons of bad character to meet in his house, and the only defence suggested before the justices was that the persons were there only for the purpose of obtaining refreshment, and therefore that the appellant could not be convicted, the court above refused to hear an objection that there was no evidence that the appellant knew that the persons in his house were bad characters: (Purkis v. Huxtable, 28 L. J., M. C. 221.)

Powers of the Court upon the Hearing.—The 6th section points out the power and authority of the court above, upon the argument of the appeal, and enacts that, "the court to which a case is transmitted under this Act shall hear and determine the question or questions of law arising thereon, and shall thereupon reverse, affirm, or amend the determination in respect of which the case has been stated, or remit the matter to the justice or justices with the opinion of the court thereon, or may make such other order in relation to the matter, and make such orders as to costs as to the court may seem

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