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LAW JOURNAL REPORTS
THE YEAR 1877 :
REPORTS OF CASES
The Court of Appeal, the Court for Crown Cases Reserved,
and the Court of Bankruptcy ;
Chancery, Queen's Bench, Common Pleas, Erchequer,
Probate, Divorce and Admiralty, Divisions ;
The Appellate Divisional Court and other Divisional Courts.
MICHAELMAS, 1876, TO TRINITY, 1877.
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
AND FORM A DISTINCT VOLUME OF REPORTS, viz. THE MAGISTRATES' Cases.
THE PRIVY COUNCIL CASES HAVE THEIR OWN INDEX AND TABLE OF CASES, AND FORM A
DISTINCT VOLUME OF REPORTS.
THE REPORTS ARE EDITED BY
FRANCIS TOWERS STREETEN, Esq.,
FREDERICK HOARE COLT, Esq., BARRISTERS-AT-LAW.
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER, VOL. XLVI.
ARGUED AND DETERMINED
Queen's Bench, Common Pleas & Erchequer Divisions
AND IN THE
Appellate Divisional Court & other Divisional Courts
HIGH COURT OF JUSTICE,
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
Her Majesty's Court of Appeal,
A. KIRKMAN LOYD, WILLIAM ROBERT COLLYER AND ALFRED B.
alop The House of Lords,
JOHN BATTEN AND L. G. GORDON ROBBINS,
MICHAELMAS, 1876, 70 MICHAELMAS, 1877.
CROM V. SAMUEL.
[IN THE COMMON PLEAS DIVISION.] Murphy, for the plaintiff, took a pre1876.
liminary objection that the defendant Nov. 4.
ought under Ord. LIV. r. 6 (1) of the
Judicature Act, 1873, to have appealed Practice-Time for Appeal from Judge within eight days after the decision of at Chambers-Intervening Vacation-Judi- the Judge at chambers. cature Act, 1875, Ord. LIV. r. 6; Ord. Lanyon, for the defendant, in support LVII. r. 6.
of the appeal. - The learned Judge's
order was made in the Long Vacation, Order LIV. r. 6 of the Judicature Act,
and there was no Divisional Court sit1875, which enacts that an appeal to the
ting to which the defendant could have Court from a decision at chambers shall be appealed within eight days after the made within eight days, is peremptory, order. . The only Divisional Court sitand there is no appeal after the expiration ting would be the Vacation Court, apof such time, unless the Court under Ord.
pointed under section 28 of the Judi. LVII. r. 6, enlarge the time.
cature Act, 1873, which only sits to
take business of an urgent nature (Ord. This was an appeal from chambers.
LXI. rr. 5, 6). The Vacation Court will The action was under the Bills of Ex
only take business of which notice has change Act, and an order had been made
been given, and besides, such Court by the Master to set aside the judgment, would be composed of the Judge who which had been signed for default of ap- made the order and one other, and would pearance, and to stay execution. Huddle.
not therefore be a Court to which the deston, B., sitting at chambers, had, on the
fendant could appeal. (See section 4 of 29th of August, made an order rescinding the Master's order. The defendant (1) Ord. LIV. r. 6.—“In the Queen's Bench,
Common Pleas and Exchequer Divisions, every now appealed against the learned Judge's
appeal to the Court from any decision of chamorder, on the ground that the defendant
bers shall be by motion, and shall be made within had never been served with the writ.
eight days after the decision appealed against.” VOL. 46.-Q.B., C.P. & Exch.