purpose of saving expense of printing; they content themselves with references. Any matter of evidence that is not printed may now be read by the reading clerk at the table here; or by counsel at the Bar, where the other side may look into the matter, and observe upon it.

When the prints are completed, they should be deposited in the Parliament Office, within the time limited by the Standing Order, No. 177 (), fifty copies being delivered to the clerk of the tables, and three hundred and fifty copies to the door-keepers. The remainder are supposed to be required for the use of parties, their counsel, and solicitors; as well as for the purpose of exchange with the other side, when the proper time arrives for that purpose.

If the appellant's solicitor find that it will be impossible for him to have his printed cases prepared within the time limited by the Standing Order, he must apply to the House for an enlargement of the time. This he will do by petition, in the name of the appellant, but signed by himself, as his agent. There are various grounds which may justify such an application. The case may be one of extraordinary magnitude, or of great complexity; or the points raised may be very important, and may require unusual research and consideration. In such circumstances, the House may think proper to grant indulgence. But this is not to be lightly calculated upon; and it is inexcusable to trust to such a chance without absolute necessity.

When this petition is presented, an order will be made, referring it to the consideration of the appeal committee; who will hear the agents on both sides, and report their opinion to the House. An order will be made thereupon, either allowing or refusing the application, as may appear expedient. If the petition be refused, the appeal will (9) Appendix, No. 1.

stand dismissed; and the only course left to the appellant will be, either to pray for a restoration of the appeal, or to present a new appeal, as he may be advised.

On the other hand, should the respondent be unable to prepare his case within the time limited by the Standing Order, no great damage will arise; because the respondent's case and answer (on petition for that purpose) will be received at any time sufficiently early to admit of convenient compliance with the exigency of the Standing Order, No. 117; requiring the cases on both sides to be delivered in the Parliament Office, for distribution among the Lords, at least four days before the hearing of the cause.

At the same time it is desirable that the respondent should not unnecessarily delay the lodging of his prints; because until he has deposited his prints, the opposite party may refuse to exchange cases with him; and this will occasion inconvenience to himself, as well as to his opponent; especially if the question be important, or involved in voluminous detail.

The rule of practice is, that when the cases on both sides are lodged in the Parliament Office (but not till then) the solicitors of the respective parties exchange a certain number of printed cases (twelve or twenty, as may be agreed upon) with a view of preparing for the hearing of the cause.

Befort stated

This being done, it will be the duty of the respective solicitors forthwith to examine carefully the rival statements; and if there be any allegations introduced, ap-mothe pearing to require correction, the course to be adopted for the purpose of obviating the consequences of such lucher irregularity is, to present a petition to the House, in order to have the improper matter rectified or expunged. If this be not done, the consequence will be that the House sys

may hold the party who has neglected to take the proper steps in due time, foreclosed from all objection at the hearing of the cause. Lord Brougham, in the case of Turner v. Dickenson ('), stated it to be the constant course of practice, to apply to the House to order unwarrantable statements of fact to be struck out of the prints; otherwise, observed his lordship, "the House might be proceeding on matters which were not in evidence."

It is frequently desirable to print a mutual appendix, containing either the whole evidence, or such portions thereof, as may be agreed upon by concert between the parties on both sides. An arrangement of this sort will save expense; and one appendix, for the use of both sides, will be more convenient for purposes of reference. This, however, must be done voluntarily. The House will not compel parties to join in printing an appendix; nor will the House interfere with the discretion exercised by parties in selecting, arranging, distinguishing, and referring to the evidence and proofs adduced in the court below. Thus,

Godson v. Hall, 25 Jan. 1838.-The respondents presented a petition, 34 praying that the appellants should be ordered to print the several deeds, &c., produced by them at the hearing in the court below; distinguishing the same by the letters or numbers indorsed thereon, or by which the same were distinguished or indorsed in the decree; that the appellants should be ordered to mark or distinguish the other documents printed in the Appendixes, by the letters or numbers by which the same were marked or distinguished at the hearing below; and that they should also be ordered to print, or refer to the evidence of the witness or witnesses, proving the same respectively; and that, in the meantime, the hearing of the cause before their lordships might be stayed; and that their lordships would order the appellants to pay to the petitioners the costs of this application, which, having been referred to the appeal committee, a report was made thereon, stating the opinion of their lordships, that the prayer of the petition ought not to be complied with; and that the petitioners should be ordered to pay

() 3 Cl. and Fin., 605.

to the appellants all such costs as they should necessarily and properly have incurred by reason of the said application.-Ordered as prayed.

The appendix ought to contain nothing but evidence, pleadings, and proceedings, in the cause. It need not be deposited along with the case. But, I apprehend, it ought to be delivered to the clerk of the Parliaments, or clerkassistant, to be distributed to the Lords, at least four days before the hearing of the cause (*).

An appendix not laid upon the table cannot be alluded to from the Bar; but the House may order it to be laid on the table, and then counsel may remark upon it; the rule being, that no papers can be read that are not on the table. But a peer may require them to be produced, and thus give them entrance into the House (').

(*) Standing Order, No. 194. The words of this order seem to refer only to causes depending previously to the 24th February, 1813. But the spirit and reason of it seem to apply to all

causes depending in the House of whatever date.

() Per Lord Eldon, 3 Wils. and Sh. 142.

PRACTICE

ON

ENGLISH AND IRISH APPEALS.

CHAPTER THE FIFTEENTH.

Documents to be used at the Hearing.

No General Rule as to selection of Documents, 196.-Appellant's duty to bring up the Decree, ib.-Authenticity of Documents not formally proved in English causes, ib. ;-but formal proof necessary in Irish Causes, 197.-Agreements to dispense with formal proof, ib.-Precedents as to production of Documents in original and in transcript, 198. -Duties of Registrar of Court below, 201.

No general order has at any time been pronounced to regulate the production before the House, of the pleadings, proceedings, and exhibits, which were made use of in the court below; these being left to be selected and brought up at the discretion of the contesting parties.

It is, however, understood to be a duty devolved on the appellant to lay on the table, before the hearing, an attested official copy of the several decrees and orders respectively made the subject of appeal. This is said to have been invariably required by Lord Chancellor Eldon.

On English appeals, office copies of the pleadings and proceedings in the court below are used at the hearing, without any formal proof of their accuracy; and exhibits