পাতা:গবর্ণমেণ্ট্‌ গেজেট্‌ (জানুয়ারি-ফেব্রুয়ারি) ১৮৭৭.pdf/২৯২

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( ২৬ ) that, in all cases except those of great urgency, the Court shall, before granting an injunction direct notice of the application for the same to be given to the opposite party. And we have declared (section 498) that an injunction directed to a corporation shall be binding on all it members and officers whose personal action it seeks to restrain. CHAPTER xxxvii.-APPOINTMENT of RECEIVERs AND MANAGERs. To this chapter we have added a section providing that, when the subject-matter of a suit it capable of delivery, and any party admits that he holds it as a trustee for another party, or that it belongs to another party, the Court may order it to be deposited in Court, or deliverep to the latter. PART V.-SPECIAL PROCEEDINGs. Part V treats of the following special proceedings, namely, (a) reference to arbitration; (b) proceedings on agreement of parties; (c) summary proceedings on negotiable instrument. СнАгткв xxxуші.—Rктквкмск то Аввітилтшом. The only substantial changes which we have made are in section 507, where we have provided that, when once a matter is referred, the Court shall not deal with it in the same suit unless the reference be fruitless, in which case the Court may supersede the arbitration and restore the suit to the file; in section 508, where we have struck out the reference to an uneven number of arbitrators, and in section 520, where we have declared that an award remitted for reconsideration becomes void on the arbitrators’ refusal to reconsider it, and that no award shall be valid unless made within the period allowed by the Court. In section 627 we have provided that the Court to which the application therein mentioned must be made shall be th Court of the lowest grade having jurisdiction over the whole matter to which the award relates ChapTER xxxix.-OF PRoceedINGs on AGREEMENT or PARTIES. In section 531 we have provided that every such agreement shall be filed in the Court of the lowest grade having jurisdiction in the matter to which it relates. We have made no other change. CHAPTER xl.-OF SUMMARY PRocepurk on NEGOTIABLE InstruMENTs. This corresponds with Act V of 1866, sections 2–8. We have made only a few formal changes therein. PART VI.-OF APPEALs. Part VI treats of appeals. We first declare (section 541) that, except as provided by the Code or by some other law for the time being in force, no appeal shall lie, and we then deal (chapter xlii) with appeals from original decrees; (chapter xliii) with appeals from appellate decrees; (chapter XLIV) with appeale from orders; (chapter xiv) with pauper appeals; and lastly, (chapter xiv.) with appeals to the Queen in Council. It will have been observed that we have discarded the misleading terms ‘regular appeals’ and ‘special appeals.’ CHAPTER XLI.-BAR of APPEALs Not ExPRESSLY PERMITTED. We have already mentioned this chapter, which corresponds with section 622 of the Bill of 1865. CHAPTER xLII.-OF APPEALs FROM on IGINAL DECREEs. Section 547—We think that the Court should not rest its decision on any ground not set forth by the appellant, unless the respondent has had sufficient opportunity of meeting the appellant's case on that ground. Section 557–We have here provided that the Appellate Court shall not stay execution of a decree which has been appealed against, unless irreparable injury may result to the appellant if execution is not stayed, and unless the application is made without unreasonable delay. We have further empowered the Court, if it grant the application, to impose terms on the appellant.