Landed Estates Court (Ireland) Act, 1858

Appeal from Judges to be direct to the Court of Appeal in Chancery.

XLI. Every Order or Decision of the Judge shall be subject to a direct Appeal to the Court of Appeal in Chancery in Ireland and no other, but such Appeal must be entered within Three Months from the Date of the Decision or Order, or such further Time as the Court shall by special Leave allow, and be thereafter duly prosecuted, otherwise the Decision or Order shall be final; and every Appeal shall be subject to such Regulation in regard to Deposit of Costs as shall be directed by any General Order to be made in pursuance of this Act, and on hearing of such Appeal the only Evidence to be relied on or admissible shall be such as was given before the Court below, but the said Appeal Court, if it shall think fit, may receive such Evidence, or direct or make any such Inquiry thereon, as it shall seem fit, or may direct the Court below to rehear the Case, on such further Evidence as it may be in the Power of either Party to produce; and the Costs of such Appeal shall be in the Discretion of the said Court of Appeal: Provided always, that it may be lawful for said Court of Appeal, if it see fit, on special Application for that Purpose, to rehear any Appeal upon which it may already have made an Order, and on such Rehearing to rescind, vary, or add to such Order as to said Court of Appeal may seem just.