In the House of Lords and in the Privy Council, IN The Court of Appeal, the Court for Crown Cases Reserved, AND IN THE HIGH COURT OF JUSTICE, VIZ. Chancery, Queen's Bench, Common Pleas, Exchequer, AND The Appellate Divisional Court and other Divisional Courts. (BOTH INCLUSIVE.) The Appellate Cases, in the House of Lords, and in the Court of Appeal, are with the Reports of Cases THE CASES RELATING TO THE POOR LAWS, THE CRIMINAL LAW, and OTHER SUBJECTS CHIEFLY THE PRIVY COUNCIL CASES HAVE THEIR OWN INDEX AND TABLE OF CASES, AND FORM A THE REPORTS ARE EDITED BY MONTAGU CHAMBERS, ESQ., ONE OF HER MAJESTY'S COUNSEL, AND FREDERICK HOARE COLT, ESQ., BARRISTERS-AT-LAW. QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER, VOL. XLVI. LONDON: PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARE, PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE. MDCCCLXXVII, CASES ARGUED AND DETERMINED IN THE Queen's Bench, Common Pleas & Exchequer Divisions AND IN THE Appellate Divisional Court & other Divisional Courts OF THE HIGH COURT OF JUSTICE, REPORTED BY J. H. ETHERINGTON SMITH AND RICHARD HOLMDEN AMPHLETT -Queen's Bench, WILLIAM PATERSON AND GILBERT GEORGE KENNEDY-Common Pleas JOHN ROSE AND W. DECIMUS I. FOULKES—Exchequer, AND ON APPEAL FROM THOSE DIVISIONS AND COURTS IN Her Majesty's Court of Appeal, REPORTED BY A. KIRKMAN LOYD, WILLIAM ROBERT COLLYER AND ALFRED B. KEMPE, BARRISTERS-AT-LAW, AND IN 10 The House of Lords, REPORTED BY JOHN BATTEN AND L. G. GORDON ROBBINS, BARRISTERS-AT-LAW. MICHAELMAS, 1876, TO MICHAELMAS, 1877. Practice-Time for Appeal from Judge at Chambers-Intervening Vacation-Judicature Act, 1875, Ord. LIV. r. 6; Ord. LVII. r. 6. Order LIV. r. 6 of the Judicature Act, 1875, which enacts that an appeal to the Court from a decision at chambers shall be made within eight days, is peremptory, and there is no appeal after the expiration of such time, unless the Court under Ord. LVII. r. 6, enlarge the time. This was an appeal from chambers. The action was under the Bills of Exchange Act, and an order had been made by the Master to set aside the judgment, which had been signed for default of appearance, and to stay execution. Huddleston, B., sitting at chambers, had, on the 29th of August, made an order rescinding the Master's order. The defendant now appealed against the learned Judge's order, on the ground that the defendant had never been served with the writ. VOL. 46.-Q.B., C.P. & ExCH. Murphy, for the plaintiff, took a preliminary objection that the defendant ought under Ord. LIV. r. 6 (1) of the Judicature Act, 1873, to have appealed within eight days after the decision of the Judge at chambers. Lanyon, for the defendant, in support of the appeal. The learned Judge's order was made in the Long Vacation, and there was no Divisional Court sitting to which the defendant could have appealed within eight days after the order. The only Divisional Court sitting would be the Vacation Court, appointed under section 28 of the Judicature Act, 1873, which only sits to take business of an urgent nature (Ord. LXI. rr. 5, 6). The Vacation Court will only take business of which notice has been given, and besides, such Court would be composed of the Judge who made the order and one other, and would not therefore be a Court to which the defendant could appeal. (See section 4 of (1) Ord. LIV. r. 6.-" In the Queen's Bench, Common Pleas and Exchequer Divisions, every appeal to the Court from any decision of chambers shall be by motion, and shall be made within eight days after the decision appealed against." B |