ORDER XLVII. GUARDIANSHIP OF INFANTS ACT, 1886.

1 to 9. Applications to be by petition; by next friend, guardian, mother or father, etc. Judge to direct as to service of petition, which must show age of infant, nature and amount of fortune and income, and what relations infant has.

ORDER XLVIII. CHARITABLE TRUSTS ACTS.

1 to 20. Record to be kept (Form 341). Relate to proceedings by private persons; by AttorneyGeneral; summons (Form 338); notice to attend (Form 339); service of; registrar may issue notices (Form 340); Judge to direct as to service; note to be sent to Charity Commission; to AttorneyGeneral; copy of proceedings to Charity Commission; fees to be paid; who may appear; effect of order conclusive; general practice of County Courts to be adopted; registrar to file trustees' accounts.

ORDER XLIX. PROBATE OR LETTERS OF ADMINIS

TRATION.

1 to 12. Relate to applications to commence proceedings (Form 347); lodgment of caveat; person to be plaintiff; proceedings (Form 348); issue of notice; serving notice; to district registrar (Form 349); certificate (Form 350); hearing (Form 351); transmission of action from High Court (Form 348). Where no practice provided, rules and practice of High Court to be followed, etc.

ORDER LA. COSTS.

1 to 32. Relate to taxation and delivery of costs, and proceedings with respect thereto.

ORDER LI. GENERAL PROVISIONS.

1 to 8. Relate to the employment of solicitor and counsel, notices, etc. (Forms 29, 30, 31, 287); 9 and

10A to advertisement of action. 11 to 29. Relate to proceedings in conduct of action, administration of estates and legacies; documents, notices; times and holidays; service on defendant, procedure, etc. (Forms 30, 31).

court.

ORDER LII. INTERPRETATION OF TERMS.

"The Act" means the County Courts Act, 1888. Affidavit-statutory declaration or affirmation, etc. Clear days-excludes first and last days named. Court Judge or registrar, in chambers or open Default summons-that issued on entry of plaint, and required to be served personally. Ordinary summons-that issued on entry of plaint, not required to be served personally. Foreign Court that of a district into which process is issued from another court. High Bailiff—either, if more than one. Home Court-that from which process originally issued. Home District-the district of home court; Foreign District-that of foreign court. Judgment-final decision of Court in any action. Month-calendar month. Orderfinal or other decision of the Court, or of the Judge or registrar in any interrogatory application. Trial-hearing of any action or matter in court. Vessel-any description of vessel used in navigation, not propelled by oars only.

Dated 1st January, 1889.

Amended Rules-5th February, 1892.

CHAPTER XVII.

LAW AND PROCEDURE AS TO APPEAL, AND NEW TRIAL.

THE provisions of the law and the methods of procedure as regards appeals have considerably changed since the last edition of this work, and therefore it is very desirable that the whole matter pertaining to appeals should be brought together into one chapter. This is all the more necessary because the Summary Jurisdiction Act, 1884, and more especially the Supreme Court of Judicature (Procedure) Act, 1894, aim at uniformity of proceedings as regards appeal, and the rules of procedure have contributed to that end. By the Summary Jurisdiction Act, 1884 (the 47 & 48 Vict. c. 43), § 4 and the schedule, the subsections of § 20 of the Trade Union Act, 1871, and the sub-sections of § 12 of the Conspiracy and Protection of Property Act, 1875, relating to the conditions and regulations respecting appeal, are repealed.

I. Appeals are now regulated by "The Summary Jurisdiction Act, 1879" (42 & 43 Vict. c. 49), as follows:

"§ 19. Where, in pursuance of any Act,

whether past or future, any person is adjudged by a conviction or order of a court of summary jurisdiction to be imprisoned without the option of a fine, either as a punishment for an offence, or, save as hereinafter mentioned, for failing to do or to abstain from doing any act or thing required to be done or left undone, and such person is not otherwise authorised to appeal to a court of general or quarter sessions, and did not plead guilty, or admit the truth of the information or complaint, he may, notwithstanding anything in the said Act, appeal to a court of general or quarter sessions against such conviction or order. Provided that this section shall not apply where the imprisonment is adjudged for failure to comply with an order for the payment of money, for the finding of sureties, for the entering into any recognisance, or for the giving of any security."

Same Act-Part II.

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Amendment of Procedure.

"§ 31. Where any person is authorised to appeal from the conviction or order of a court of summary jurisdiction to a court of general or quarter sessions, he may appeal to such court subject to the conditions and regulations following:

"(1.) The appeal shall be made to the prescribed court of general or quarter sessions, or if no court is prescribed, to the next practicable court of general or quarter sessions having jurisdiction in the county, borough, or place for which the said court of summary jurisdiction acted, and holden not less than fifteen days after the day on which the decision was given upon which the conviction or order was founded; and

"(2.) The appellant shall, within the prescribed time, or if no time is prescribed, within seven days after the day on which the said decision of the court was given, give notice of appeal by serving on the other party, and on the clerk of the said

court of summary jurisdiction, notice in writing of his intention to appeal, and of the general grounds of such appeal; and

"(3.) The appellant shall, within the prescribed time, or if no time is prescribed, within three days after the day on which he gave notice of appeal, enter into a recognisance before a court of summary jurisdiction, with or without a surety or sureties as that court may direct, conditioned to appear at the said sessions and to try such appeal, and to abide the judgment of the court of appeal thereon, and to pay such costs as may be awarded by the court of appeal; or the appellant may, if the court of summary jurisdiction before whom the appellant appears to enter into a recognisance think it expedient, instead of entering into a recognisance, give such other security by deposit of money with the clerk of the court of summary jurisdiction or otherwise, as that court deems sufficient; and

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'(4.) Where the appellant is in custody, the court of summary jurisdiction before whom the appellant appears to enter into a recognisance may, if the court think fit, on the appellant entering into such recognisance or giving such other security as aforesaid, release him from custody; and

"(5.) The court of appeal may adjourn the hearing of the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter, with the opinion of the court of appeal thereon, to a court of summary jurisdiction acting for the same county, borough, or place as the court by whom the conviction or order appealed against was made, or may make such other order in the matter as the court of appeal may think just, and may by such order exercise any power which the court of summary jurisdiction might have exercised, and such order shall have the same effect, and may be enforced in the same manner, as if it had been made by the court of summary jurisdiction. The