l must be
brought within three months from the time when the judgment or order is
signed, entered or otherwise perfected, or in the case of refusal of an
application from the date of refusal. The appeal is by notice of motion,
which except in cases of application for a new trial, need not state
the grounds of appeal. Fourteen clear days' notice of the motion must be
given by the appellant to the other party, the respondent.

In the case of appeals from an interlocutory order, or from a final
order, or from an order made in any matter which is not an action, or
from an order made in chambers, the appeal must be brought within
fourteen days by motion, of which four clear days' notice must be given
by the appellant to all parties directly affected by the appeal.
Controversies have arisen as to the meaning of the term "interlocutory,"
which (in the absence of any authoritative definition) the court of
appeal settles as they arise. The test most generally accepted is that a
judgment or order is final if, as made, it finally disposes of the
rights of the parties in a manner equally conclusive between them. The
court may by special leave allow appeals of either class to be brought
after the time above limited. The respondent may by proper notice bring
a cross appeal against any portion of the judgment or order made below
with which he is dissatisfied. The court has power to order the
appellant to find security for the costs of an appeal, if special
circumstances, such as insolvency or poverty or foreign domicile or the
like, make the giving of security desirable. The court of appeal
"rehears" the case. Under ordinary circumstances it does not permit a
new case to be set up inconsistent with the case as presented below; and
it is content with the judges' notes, or a transcript of the evidence
given below, and with a note or transcript of the judgment appealed
from, but has power on special grounds to receive fresh evidence either
_viva voce_ or on affidavit. The court may call in for its assistance
assessors who are experts on the matters of fact or science involved in
the appeal, and usually does so in cases arising out of collisions at
sea.

The court of appeal may make any order which it deems just as to the
costs of the whole or any part of an appeal, except possibly in the case
of certain appeals in matters on the crown side of the High Court, as to
which some doubt still exists. In practice the costs follow the event,
u