RULES FOR APPEALS TO THE PRIVY COUNCIL

RULES FOR APPEALS TO THE PRIVY COUNCIL

PART VII

A SELECTION FROM THE

RULES OF PROCEDURE APPLICABLE TO HONGKONG,
I-Rules for Appeals to the. Privy Council.

Additional Instructions, August, 1909.
Rules.

Judicial Committee Rules, 1908.

2-P,egulations for preventing Collisions at Sea and as to Signals of Distress.

Order in Council, 13th October, 1910.
Consolidated Rules.

Maritime Conventions Act, I9IL-1 Geo. Y. c. 57.

3-.Mail Ships Act, 1891,-54 & 55 Vict. c. 31.

Mail Ships (France) Order, in Council, 6th February, 1892.
Convention with France, 1890.

Rules of Court, 1892, r. 24.

Mail Ships PUICS, 1895.

4-Relief of Distressed Seamen.

Regulations by Board of Trade, 1908.





I-RULES FOR APPEALS TO THE PRIVY COUNCIL.

ADDITIONAL INSTRUCTIONS, passed under the Royal Sign
Manual and Signet to the Governor and Commander-in-Chief
of the Colony of Hongkong, revoking Additional Instructions,
dated 21st January, 1846, as to Appeals from the Supreme
Court of that Colony to the Sovereign in Council.

LDated 10th August, 1909.] Edward R. I

ADDITIONAL INSTRUCTIONS to Our Governor and Commander-
in-Chief in and over Our Colony of Hongkong and its
Dependencies and to Our Lieutenant- Governor or other
officer for the finie being adininistering the Govern-

ment of Our said Colony and its Dependencies.
WHEREAS: Her late Majesty Queen Victoria was
pleased by certain Additional instructions under the
Royal Sign Manual and Signet, dated the 21st January,
1846, and confirmed by Article XXVII of Her In-
structions dated the 19th January, 1888, to make
provision for permitting and regulating appeals to the
Sovereign in Council from the Supreme Court of our
Colony of Honakong and its Dependencies
A N D WHEREAS oy an Order in Our Privy Couneil
bearing even date herewith We have ordered that the
Itules therein set out shall henceforth reaulate all
appeals to Us: in Council froni our said Colony and its
Dependencies:
NOW THEREFORE We do by these Our Additional
Instructions under Our Sign Manual -and Sianet revoke
forthwith, but Without prejudice to anything. lawfully
done thereunder, the said Additional Instructions of
21stJanuary, 1846, so confirnied as aforesaid.
Given at Our Court at Saint James's this 10th day of August,
1909, in the 9th Year of Our Reign.

At The Court at Buckingliani Palace, the 10th day of
August, 1909.

PRESENT:
The King's Most Excellent Majesty.

WHEREAS Her late Majesty Queen Victonia was pleased by her In-
structions under the Royal Sign Manual and Signet dated the 21st day





of January, 1846, and confirmed by Article XXVII of Her Majesty's
Instructions dated the 19th day of January, 1888, to make provision for
permitting and regulating Appeals to Her Majesty in Council from the
Supreme Court of the Colony of Hongkong and its Dependencies:
AND WHEREAS it is expedient, with a view to equalizing as far as
may te the conditions under which His Majesty's subjects in the British
Dominions beyond the Seas shall have a right of Appeal to His Majesty
in Council and to promoting uniformity in the practice and procedure
in all such Appeals that new provision should be made for Appeals from
the said Supreme Court to His Malesty in Council:
AND WHEREAS His Majesty has been pleased by His Instructions under
the Royal Sign Manual and'Signet bearing even . date with this Order to
revoke the said Instructions dated the 21st day of January, 1846, so
confirmed as aforesaid:
IT IS HEREBY ORDERED by the King's Most Excellent Majesty, bv and
with the advice of his Privy Council, that the Rules hereunder set out
shall regulate all Appeals to his Majesty in Council from the said Colony
of Hongkong and its Dependencies.

1. In these Rules, unless the context otherwise requires:-
' Appeal ' means Appeal to His -Majesty in Council
' His Majesty ' includes His Majesty's heirs and successors
' Judgment ' includes decree, order, sentence or decision ;
' Court means either the Full Court of the Supreme Court of
Hongkong or other the highest Court of Appeal for the time being
established in the Colony of Hongkong, or a single Judge of such
Supreme Court or Court of Appeal, according as the matter in question
is one which, under the rules and practice for the time being in force in
such Supreme Court or Court of Appeal, properly appertains to the
said Full Court or to a sinale Judge of such Supreme Court or Court
of Appeal;
Record ' means the aggregate of papers relating to all appeal
(including the pleadings, proceedings, evidence and judgments) proper
to be laid before His Majesty in Council on the hearing of the appeal ;
Reuistrar ' means the Reuistrar or other proper officer having the

custody of the records in the Court appealed from
' Month ' means calendar month;
Words in the singular include the plural, and words in the plural
include the singular.
2. Subject to the provisions of these Rules, an appeal shall lie-
(a) as of right, from any final judgment of the Court, where the
matter in dispute on the appeal amounts to or is of the value of $5,000
or upwards, or where the appeal involves, directly or indirectly, some
claim or question to or respecting property or some civil right amount-
ing to or of the value of $5,000 or upwards; and





(b) at the discretion of the Court, frorn any other judgment. of the
Court, whether final or interlocutory, if, in the opinion of the Court,
the question involved in the appeal is one which, by reason of its great
general or public importance, or otherwise, ought to be submitted to
His Majesty in Council for decision.

3. Applications to the Court for leave to appeal shall be made by
motion or petition within 14 days from the date of the judgment to be
appealed from, and the applicant shall give the opposite party 7 days
notice of his intended a plication and such notice may be given at any

time during the said period of 11 days,

4. Leave to appeal under Rule 2 shall only be granted by the Court
in the first instance:-
(a) upon condition of the appellant, within a period to be fixed by
the Court, but not exceeding 3 months from the date of hearing of
the application for leave to appeal, entering into good and sufficient
security, to the satisfaction of the Court, in a sum not exceeding $5,000,
for the due prosecution of the appeal, and the payment of all such
costs as may become payable to the respondent in the event of the
appellant's not obtaining an order granting him final leave to appeal,
or of the a peal being, dismissed for non-prosecution, or of His Majesty

in Council ordering the appellant to pay the respondent's costs of the
appeal (as the case may be); and
(b) upon such other conditions (if any) as to the time or times within
which the appellant shall take the necessary steps for the purpose of
procuring the preparation of the record and the despatch thereof to
England as the Court, having regard to all the circumstances of the case,
may think it reasonable to impose.

5. Where the judgment appealed from requires the appellant to pay
money or perform a duty, the Court shall have power, when granting
leave to appeal, either to direct that the said judgment shall be carried
into execution or that the execution thereof shall be suspended pending
the appeal, as to the Court shall seem just.
In ease the Court shall direct the said judgment to be carried into
execution, the person in whose favour it was given shall, before the
execution thereof, enter into good and sufficient security, to the satisfac-
tion of the Court, for the due performance of such order as His Majesty
in Council shall think fit to make thereon, and in case the Court shall
direct that the execution of the said judgment shall be suspended
pending the appeal the appellant shall enter into security to the satisfac-
tion of -the Court to the same and like effect as aforesaid.

6. The preparation of the record shall be subject to the supervision
of the Court, and the parties may submit any disputed question arising





in connection therewith to the decision of the Court, and the Court shall
give such directions thereon as the justice of the case may require.

7. The Reuistrar, as well as the parties and their legal agents, shall

endeavour to exclude from the record all documents ( more particularly
such as are merely formal) that are not relevant to the subject-matter
of the appeal, and generally to reduce the bulk of the record as far as
practicable, taking special care to avoid the duplication of documents
and the unnecessary repetition of headings and other merely formal

parts of documents; but the documents omitted to be copied or printed
shall be enumerated in a list to be placed after the index or at the end
of the record.

8. Where in the course of the preparation of a record one party
objects to the inclusion of a document on the ground that it is un-
necessary or irrelevant, and the other party nevertheless insist upon
its being included, the record, as finally printed (whether in flong-
kong or in England), shall, with a view to the subsequent adjustment
Of the costs of and incidental to such document, indicate in the index,
of papers or otherwise, the fact that, and the party by whom, the
inclusion of the document was objected to.

9. The record shall be printed in accordance with the rules set forth
in the schedule hereto. It may be so printed either in Hongkong or in
England.

10. Where the record is printed in Hongkoncy the Registrar shall,
at the expense of the appellant, transmit to the Registrar of the Privy


Council. 40 copies of such record, one of which copies lie shall certify
to be correct by signing his name on, or initialling, every eighth page

thereof and by affixing thereto the seal, if any, of the Court.

11. Where the record is to be printed in England, the Registrar shall
at the expense of the appellant, transmit to the Registrar of the Priv -
Cotincil one certified copy of such record, together with an index of all
the papers and exhibits in the case. No other certified copies of the
record shall be transmitted to the agents in England by or on behalf of
the parties to the appeal.

12. Where part of the record is printed in Hongkong and part is to
be printed in England, rules 10 and 11 shall, as far as practicable, apply

to such parts as are printed in Hongkong and such parts as are to be
printed in England respectively.

13. The reasons given by the Judge, or any of the Judges, for or
against any judgment pronounced in the course of the proceedings

out of which the appeal arises shall by such Judge or Judges be com-





municated in writing to the Registrar, and shall by him be transmitted

to the Registrar of the Privy Council at the same tinic when the record
is transmitted.

11. Where there are two or more, applications for leave to appeal
arising of the same matter, and the Court is of opinion that it would
be for the convenience of the Lord, of the Judicial Committee and all
parties concerned that the appeals should he consolidated the Court may
direct the appeals to be consolidated and leave to appeal by a
single order.

15. All appellant who has obtained lu order gratiting him conditional
leave to appeal may at -my time prior to the of all order grant
ing him final leave to appeal withdraw his appeal oil such ternis as

costs and otherwise as the Court may direct.

16. Where all appellant, having obtained all order granting him con-

ditional leave to appeal, and having complied with the conditions imposed
on him by such order, fails thereafter to apply with due dilicrence to the
Court for an order granting him final leave to appeal, the court may,
on an application in that behalf made by the respondent, rescind the
order granting conditional leave to appeal notwithstanding the appellant's
conipliance with the conditions imposed by such order, and may give
such directions as to the costs of the appeal and the security entered
into by the appellant as the Court shall think fit, or make such further
or other order in the premises as, in the opinion of the, Court, the justice
of the Case requires.

17. On an application for final leave to the Court may inquire
whether notice, or sufficient notice,, of the application has been given by
the appellant to all parties concerned, and, if not satisfied as to the notice
even, maY defer the granting of the final leave to appeal, or may give
such other directions in the matter as in the opinion of the Court the
justice of the case requires.

18. An appellant who has obtained final leave to appeal shall prosecute
his appeal in accordance with the rules for the tinie being regulating
the general practice and procedure in appeals to His Majesty in
council.

19. Wbere an appellant, having obtained final leave to appeal, desires,
prior to the despatch of the record to England, to withdraw his appeal,
the-Court may, upon an application in that behalf made by the appellant,
grant him a certificate to the effect that the appeal has been withdrawn,
and the appeal shall thereupon be deemed, as from the date of such
certificate, to stand dismissed without express order of His Majesty





in Council, and the costs of the appeal and the security entered into by
the appellant shall be dealt with in. such manner as the Court may
think fit to direct.

20. Where an appellant, having obtained final leave to appeal, fails
to show due diligence in taking all necessary steps for the purpose
of procuring the despatch of the record to England, the respondent
may, after giving the appellant due notice of his intended application,
apply to the Court for a certificate that the appeal has not been effect-
ually prosecuted by the appellant, and, if the Court sees fit to grailt
such a certificate, the appeal shall be deemed, as from the date of such
certificate, to stand dismissed for non-prosecution without express order
of His Majesty in Council, and the costs of the appeal and the security
entered into by the appellant shall be dealt with in such manner as the
Court may think fit to direct.

21. When at any time between the order granting final leave to
appeal and the despatch of the record to England the record becomes
defective by reason of the death, of change of status, of a party to the
appeal, the Court, may, notwithstanding the order granting final leave
to appeal, on an application in that behalf made by any person interest-
ed, grant a certificate showing who, in the opinion of the court, is the
proper person to be substituted or entered on the record in place of,or
in addition to, the party who has died or undergone a change of status,
and the name of such person shall thereupon be deemed to be so sub-
stituted or entered on the record as aforesaid without express order
of His Majesty in Council.

22. Where the record subsequently to its despatch to England
becomes defective by reason of the death, or change of status, of a party
to the appeal, the court shall, upon an application in that behalf made
by any person interested, cause a certificate to be transmitted to the
Registrar of the Privy Council showing who, in the opinion of the
Court, is the proper person to be substituted, or entered, on the record,
in place of, or in addition to, the party who has died or undergone a
change of status.

23. The case of each party to the appeal may be printed either in
Hongkong or in england, and shall, in either event,be printed in
accordance withthe rules set forth in the schedule hereto, every tenth
line thereof being numbered in the margin, and shall be signed by at
least one of the counsel who attends at the hearing of the appeal, or
by the party himself if he conducts his appeal in person.

24. The case shall consist of paragraphs numbered consecutively,
and shall state, as concisely as possible, the circumstances out of which
the appeal arises, the contentions to be urged by the party loding the






saine, and the reasons of the appeal. Reference by page and line to
the relevant portions of the record as printed shall, as far as practic-
able, b printed in the margin, and care shall be taken to avoid, as far
as possible, the reprinting in the case of long extracts froni the record.
The taxing officer, in taxing the costs of tile appeal, shall, either of his
own motion or at the instance of the opposite party, inquire. into any
unnecessary prolixity in the case, and shall disallow the costs occasioned
thereby.

25. Where the Judicial Committee directs a party to bear the costs
of an appeal incurred in Hongkong, such costs shall be taxed by the
proper officer of the Court in accordance with the. rules for the time
being regulating taxation in the Court.

26. The Court. shall. conforin with and execute, ally order which
His Majesty in Council inay think fit to ntake on an appeal froin a
judgment of the Court in like manner as any original judgment of the
Court should or might have been executed.

27. Nothing in these Rules contained shall be decined to interfere
with the right of His Majesty, upon the hunible petition of anY person
aggrieved by any judginent of the Court, to adinit his appeal therefroin

upon sticb conditions as His Majesty in Council shall think fit to impose,

SCHED ULE.

1. Records and Cases in appeal to His majesty in Council shall be
printed in the form known as Demy quarto (i.e., 54 ems in length and 42
in width).

II.the size of the paper used shall be such that the sheet, when folded
and trimmed, will be 11 inches inheight and 8 2/1 inches in width.

III. The type to be used in the text shal be pica type, but long primer
shall be used in printing accounts, tabular matter, and notes.

IV. The number of lines in each page of pica type shall be 47 or there-
abouts, and every tenth line shall be numbered in the margin.

THE JUDICIAL COMMITTEE RULES, 1908.

At the court at Buckingham Palace, the 21st day of December, 1908.

PRESENT:
The King's Monst Excellent Majesty.

WHEREAS there was this day read at the Board a representation from
the Judicial committee of the privy Council in the words following,
viz:-




The Lords of the Judicial Committee having taken into

consideration the practice and procedure in accord-
ance with which the general Appellate Jurisdiction
of Your Majesty in Council is now exercised and
being of opinion that the Rules regulating the said
Practice and Procedure ought to be consolidated and
aniended Their Lordships do hereby agree humbly to
recommend to Your Majesty that with a view to such
consolidation and amendment certain Orders of Her
late Majesty Queen Victoria in Council regulating the
said Practice and Procedure, viz., the Orders in Council
dated respectively the 1Ith August, 1842, the 13th
June, 1853, the 31st March, 18.55, the 24th March,
1871, and the 26th June, 1875, and also the Order of
Your Majesty in Council dated the 20th March, 1905,
amending the said practice and procedure ought to be
revoked and that the, several Rules hereunto annexed
ouerlit to be substituted therfor.

His Majesty having taken the ,said representation into consideration
was pleased by and with the advice of His Privy Council to approve
thereof and to order and it is hereby ordered that the said Orders in
Council in the said representation mentioned be and the same are
hereby revoked and that the Rules hercunto annexed be substituted
therefor.

1. Interpretation.

Leave to appeal.
2. Leave to appeal generally.

Special leave to appeal.
3 . Form of petition for special leave to appeal.
4. Three copies of petition to be lodged together with affidavit in
support.
5. Time for lodging petition.
6. Security for costs and transmission of record.
7. General provisions.
8. Petition,-, for special Itave to appeal in forma panperis.
9. Exemption of pauper appellant from lodging security and paying
Office fees.





IE
10 .hemption of un-mccessful petitioner for leave to appeal in forma
pauperis from payment of Office fees.

Record
11. Record to be transmitted without delay.
12. Printino. of record.
13. Number of copies to be transmitted, where record printed abroad
in Enaland.
14. One certified copy to be transmitted, where record to be printed

15. Record printed partly abroad, partly in England.
16. Retsons for judgments to be transmitted.
17. Exclusion of unnecessary documents from record.
18. Documents ot jected to to be indicated.
19. Registration and numbering of records.
20. Inspection of record by parties.
21. Times within vchich a copy of a written record shall be bespoken
22. Notice of appearance by appellant.
23. Preparafion of copy of record for printer.
24. Lodging copy of record for printing
25. Special case.
Examination of proof of record and striking ofF copies.
27. Number of copies of record for parties.
28. How costs for printing record are to be borne.


Petition of Appeal
29. Time within which petition shall be lodged.
30. Form of petition.
31. Service of petition.

Withdrawal of Appeal.
32. Withdrawal of appeal before petition of appeal has been lod
33. Withdrawal of appeal afier petition of appeal has been lodged.
Non Prosecution of Appeal
34. Dismissal of appeal where appellant talces no steps in prosecution
thereof.
35. Dismissal of appeal for non-prosecudon after appellant's appear-
ance and before lodgment of the petition of appeal.
36. Dismissal of appeal for non-prosecution after lodgnnent of petition

of appeal.
37. Restoring an appeal dismissed for non-prosecution.





Appearance by Respondent.
38. Time within which respondent may appear.
39. Notice of appearance by respondent.
40. Form of appearance where all the respondents do not appear,
41. Separate appearances.
42. Non-appearing respondent not entitled torpeeive notices orlod(recase.
43. Procedure on non-appearance of respondent.
44. Respondent defending appeal in forma pauperis.

Petitions generally
4.5. Alode of addressing petitions.
46. Orders on petitions which need not be dnawn up.
47: Form of petition.
48. Caveat.
49. Service of petition.
50. Verifying petition by affidavit.
.51. Petition for order of revivor or substitution.
.52. Petition containinu scandalous matters to be refused.
53. Setting down petition.
54. Times within which set-down petitions shall be heard.
55. Notice to parties of day fixed for hearing petition.
5G. Procedure where petition is consented to or is formal.
57. Withdrawal of petition.
58. Procedure where hearing of petition unduly delayed.

59. Only one counsel heard on a. side in petitions.

Case.
60. Lodging of case.
61. Printing of case.
62. NLimber of prints to be lodged.
63. Form of case.
64. Separate cases by two or inore respondents.
65. Notice of lodgment of case.
66. Case notice.
67. Setting down appeal and exchanging cases.

-Binding records,
68. Mode of binding records, &c., for use of Judicial Committee.
69. Time within which bound copies shall be lodged.





flearing.
70. Notice to parties of date of comn iencenient of sittings; entering
appeals for bearing.
71. Notice to parties of day fixed for hearing appeal.
72. Only two counsel beard on a side in appeals.
7 3. Nautical assessors.

,Judgment.
74. Notice to parties of day fixed for delivery of judginent.

costs.
75. Taxation of costs.
76. What costs taxed in England.
77. Order to tax78. Power of taxing officer where taxation delayed thronIgh the fault
of the party whose costs are to be taxed.
79. Appeal from decision of taxing officer.

(SO. Amount of taxed costs to be inserted in His Majesty's Order in
Council.
81. Taxation on the pauper scale.
82. Security to be dealt with ,is His Majesty's Order in Council
determining appeal directs.
Miscellaneous
83. Power of Judicial Committee to excuse front compliance with
rules.
84. Amendment of document,
85. Affidavits may be sworn before the Registrar of the Privy Council.
86. Change of agent.
87. Scope of application of rules.
88. Mode of citation and date of operation.
Schedule A.-Rules as to printing.
Schedule B.-Countries and places referred to in rules 21, 29 and 34
Schedule 0,1. Fees allowed to agents.
II. Council Office Fees.

R UL E 8.
1. -(1) In these Rules, unless the context otherwise requires:-
'AppeaV means an appeal to His Majesty in Council.





'Judgment' includes decree, order., sentence, or decision of my
Court, Judge, or judicial officer ;

'Itecord' means the aggregate of papers relating to an appeal

(including the pleadings, proceedings, evidence and judgments) proper
to be laid before, His Majesty in Council on the hearing of the appeal,

Registrar means the Registrar or other proper officer havin(r the

custody of the records in the Court appealed from ;

Abroad ' tueaws the country or place where the Court appealed
from is situate

Ao.ent ' means a person qualified by virtue of Her date Majesty's
Order in Council of thp 6th March, 189C,* to conduct proceedings before,
His Majesty in Council on behalC of another ;

Party ' and all words descriptive of parties to proceeding., before
His Majesty in Council (such as petitoner, appellant respon-
dent') mean, in respect of all act proper to be done by an acrent, the
acrent of the party in question where such party is
agent

' Month ' means calendar month

Words. in the singular shall include the plural, and words in tbe
plural shall include the singular.

(2) Where by theso Rule,,, -my stel) is required to be, taken in Eng-
land in connection with proceedings before His Majesty in Council,
whether in the way of lodging a petition or other document, entering
an appearance, loding security, or otherwise, such step shall be taken
in the Registry of the Privy Council, Downine, Street, London.

Leave to appeal.
2. All appeals shall be brought either in pursuance. of leave obtained
from the Court appealed from, or, in the absence. of such leave, in
pursuance of special leave to appeal granted by His Majesty in Council
upon a petition in that bchalf` presented by the intending appellant.

Special leave to appeal.
3. A petition for special leave to appeal to His Majesty in Council
shall state succinctly and fairly all such facts as it may be necessary to
state in order to enable the Judicial Committee to advise His Majesty
whether such leave ought to, be granted. The petition shall not travel
into extraneous matter, and shall deal with the merits of the case only
so far as is necessary for tho purpose of explaining and supporting the
particular grounds upon which special leave to appeal is sought.





4. The petitioner shall lodge at least is copies of his petition for
special leave to appeal together with the affidavit, in support thercof
prescibed by Rule 50 licreinafter contained.

5. A petition for special leavo to appeal may be, lodged at any time
after the date of the judgment solight to be appealed from, but the
petitioner shall, in everv case, lodge his petition with the least possible
dclay.

6. Where the Judicial Committee agrec, to advisc His Majesty to
,grant special loave to appeal, they shall, in their report specify the

amount of the securitv for costs (if am) to be lodged by the petitioner.
and the period (if any) within which security is to be lodged and
shall, unless the circimistances of a particular rendler such a coursc
Unnecessary, provide for the transmission of the record, 1,v the Pecgistrar
of the Court, appealed from to the Registrar of the Privy Colincil and
for such further matters as the justice of the case mas- require.
7. Save as by the four List precelling ltules otherwise provided,
the provisions of 1Inles -17 to 50 and 52 to .59 (all inclusive) hercinafter
contained shall applYto petitions for special leave to
appeal.

8. Rules 3 to 7 (both inclusive) shall apply to
petitions for leave to appeal inbut in addition to the
aflid,
avit referred to in Rule 4 every slich petition shAl be accompanied
by an affidavit from the petitioner statino. that it isnto worth 25 in

the world excepting hisapparel and his interestint in the subject
matter of the intended appeal, and that lie is unable to provide. sm-efies.
aud also by it certificate of Counsel that the petitioner has reasonab)c 1
ground of appeal.
9. Where a petitioner obtains leave to appeal in appeal in forma pauperis,he
shall not bc to lodge security for the costs of the respondent or
10. A petitioner whose petition for leave to appeal in forma pauperis
is dismissed may, notwithstanding such dismissal, be from pay
ing the, Comicil Office fec., usnally chargeable to a petitioner in respect


of a petition for leave to appeal, if His Majesty in Council,on the advice
of the Judicial Conliniftec, shall think fit so to order.

Record.
11. As soon is tit appeal has been. admitted, whether by tit order of
the Court appealed from or by an order of His Majesty in Council cyrant-





ing special leave to appeal, the appellant shall without delay take all
necessary steps to have the record transmitted to the Registrar of the
Privy Council
12. The record shall be printed it, accordance with Rules I to IV

of * schedule A ltercto. It may be so printed either abroad or in
England.

13. Where the record is printed abroad, the Registrar shall, at the
expense of the appellant, transinit, to the Registrar of the Privy
Council 40 copies of such record, one of whcih copies he shall certify
to be correct bv siuning his nanic on, or initialling, every eighth page

thereof and by affixing thereto the seal, if any, of the Court appealed
front.

14. Where the record is to be printed in England, the Registrar shall,
at the expense, of the appellant, transmit to the Registrar of the Privy
Council one certified copy of such record, together with an index of
all papers and exhibits in the case. 'No other certified copies of the
record shall be transirtitted to the agents in England by or on behalf of
the parties to the appeal.


16. Where part of the record is, printed abroad and part is to be
printed in England, Rules 133 and 14 shall, as far as practicable, apply
to such parts as are printed abroad and such as are to be printed in
England respectively

16. The reasons given by the Judge, or any of the Judges, for or
against any judginent pronounced in the course of the proceedings

out of which the appeal anses, shall by such Judge or Judges be com-
municated in writing to the Registrar and shallby him be transmitted

to the Registrar of the privy Council at the same time when. the record
is transmitted.

17. The Registrar, as well. as the parties and their agents, shall
endeavour to exclude front the record all documents (more particularly
such as are merely formal) that are not relevant to the subject-inatter
of the appeal, and, generally, to reduce the bulk of the record as far
as practicable, taking special care to avoid the duplication of documents
and the unnecessary repetition of headings and other merely formal
parts of documents ; but the documents omitted to be printed or copied
shall be enumerated in a list to be placed after the index or at the end of
the record.

18. Where in the course of the preparation of a record one party
objects to the inclusion of a document on. the ground that it is unneces-
sary or irrelevant, and the other party nevertheless insists upon its
being included, the record, as finally printed (whether abroad or in





England), shall, with a view to the subsequent adjustment of the costs
of and incidental to such docultient, indicate, in the index of papers, or
otherwise, the fact that, and the party by whom, the inclusion of the
document was objected to.

19. As soon as the record is received in the Registry of the Privy
(outicil, it shall be registered in the said Registry, with the dafe of
arrival, the names of the parties, the date of the 'udgin lit appealed front,

and the description whether ' printed ' or ' written '. A record, or
any part of a record, not printed in accordance with Rules 1 to IV of
schedule A hereto, shall be. treated as writteri. Appeals shall be imin-
bered consecutively in each year in the order in which the records are
received in the said Registry.

20. The parties shall be entitled to inspect the record and to extract
all necessary particulars therefroin for the purpose of entering an
appearance.

21. Where the record arrives in England. either wholly written, or
partly written and partly printed, the appellant shall, within a period of
4 itiontlis front the date of such arrival in the case. of appeals front
Courts situate in any of the countries or places named in schedule 13
hereto, and within a period of 2 itiontlis from the sainc date lit the case
of appeals from any other Courts, enter ail appearance and bespeak a
type-written copy of the record, or of such parts thereof as it may be
necessarv to have copied, and shall engage to pav the cost of preparing
such copy at the following rates per folio typed (exclusive of tabular
matter) per folio of English inatter, 2d. per folio of Indian matter,

and 3d. per folio of foreign matter.

22. The appellant shall forthwith, after entering his appearance,
give notice thereof to the respondent, if the latter has entered ail ap-
pearance.

23. As soon as the appellant has obtained the type-written copy of
the record bespoken by him, he shall proceed, with due diligence, to
arrange the documents in suitable order, to check the index, to insert
the marginal notes and cheek the same with the index, and, generaffi-
to do whatever may be required for the purpose of preparing the copy
for tbe printer, and shall, if the respondent has entered an appearance,
submit the copy, so prepared for the printer, to the. respondent for his
approval. In the event of the parties being unable to agree as to any
inatter arising -under this Rule, such matter shall bc referred to the
Reo.istrar of the Privy Council, whose decision thereon shall be final.

24. As soon as the type-ivritteil copy of the record is ready for the
printer, the appellant shall lodge it, with a request to the Re'fistrar of
the Privy Council to cause it to be printed by His Majesty's printer or





by any other printer on the sarne terms, and shall engage to pay at the
price specified in Rule V of schedule A hereto the cost of printing 50
copies thereof, or such other number as in the opinion of the said Re-
gistrar the circumstances of the case require.

25. Whenever it shall be found that the decision of a matter on
appeal is likely to turn exclusively on a question of law, the parties, with
the sanction of the Registrar of the Privy Council, may submit such
question of law to the Judicial Committee in the form of a special case,
and print such parts only of the record as may be necessary for the
discussion of the same: Provided that nothing herein contained shall in
any way prevent the Judicial committee from orderig the full discussion
of the whole case, if they shall so think fit, and that, in order to promote
such arrangements and simplification of the matter in dispute, the said
Registrar may call the parties before him, and having heard them, and
examined the record, may report to the Judicial committee as to the
natue of the proceedings.

26. The Registrar of the Privy council shall, as soon as the proof
prints of the record are ready, give notice to al parties who have entered
an appearance requesting them to attend at the Registry of the privy
Council at a time to be named in such notice in order to examine the
said proof prints and compare the same with the certified record, and
shall, for that purpose, furnish each of the said parties with one proof
print. After the examination has been completed, the appellant shall,
without delay, lodge his proof print, duly corrected and (so far as neces-
sary) approved by the respondent, and the Registrar of the Privy
Council shall thereuon cause the copies of the record to be struck off
from such proof print.

27. Each party who has entered an appearance shall be entitled to
receive, for his own use, 6 copies of the record.

28. Subject to any special direction from the Judicial Committee to
the contrary,the costs of and incidental to the printing of the record
shall form part of the costs of the appeal, but the costs of and incidental
to the printing of any document objected to by one party,in accordance
with Rule 18, shall, if such document is found on the texation of costs
to be unnecessary or irrelevant, be disallowed to, or borne by, the party
insiting on including the same in the record.

Petition of Appeal

29. the appellant shall lodge his petition of appeal-
(a) where the record arrives in england printed, within a period of
4 months from the date of such arrival in the case of appeals from
Courts situate in any of the countires or places named in schedule B





hereto, and within a period of 2 months from the saine date in the case
of appeals from any other Courts:

(b) where the record arrives in England written, within a period of
one month from the date of teh completion of the printing thereof;
Provided that nothing in this rule contained shall preclude an appellant
from lodging his petition of appeal prior to the arrival of the record, if
there are special reasons why it should be desirable for him to do so.

30. The petition of appeal shall be lodged in the form prescibed by
Rule 47 hereinafter contained. It shall recite succinctly and, as far as
possible, in chronological order, the principal steps in the proceedings
leading up to the appeal from the commencement thereof down to the
dmission of the appeal, but shall not contain argumentative matter or
travel into the merits of the case.

31. The appellant shall, afterlodging his petition of appeal, serve
a copy thereof without delay on the respondent, as soon as the latter
has entered an appearance, and shall endorse such copy with the date
of the lodgment.

Withdrawal of Appeal.

32. Where an appellant, who has not lodged his petition of appeal,
desires to withdraw his appeal, he shall give notice in writing to that
effect to th Registrar of the privy council, and the said Registrar
shall, with all convenient speed after the receipt of such notice,by letter
notify the Registrar of the Court appealed from that the appeal has
been withdrawn, and the said appeal shall thereupon stand dismissed
as from the date of the said letter without further order.

33. Where an appellant, who has lodged his petition of appeal,
desires to withdraw his appeal, he shall present a petition to that effect
to His majesty in council. On the hearing of any such petition a
respondent who hs entered an appearance in the appeal shall, subject
to any agreement between him and the appellant to the contrary, be
entitled to apply to the Judicial committee for his costs, but where
the respondent has not entered an appearance, or having entered an
appearance, consents in writing to the prayer of teh petition, the petition
may, if the Judicial Committe think fit, be disposed of in the same
way mutatis mutandis as a consent petition under the povisions of
Rule 56 hereinafter contained.

Non-prosecution of Appeal.

34. Where an appellant takes no step in prosecution of his appeal
within a period of 4 months from the date of the arrival of the record
in england in the case of an appeal from a Court situate in any of the




countries or places named in schedule B hereto, or within a period of
2 months from the same date in the case of an appeal from any other
Court, the Registrar of the privy Council shall with all convenient
speed, by letter notify the Registrar of the Court appealed from that
the appeal has not been prosecuted and the appeal shall thereupon stand
dismissed for non-prosecution as from the date of the said letter without
further order.

35. Where an appellant who has entered an appearance-

(a) fails to bespeak a copy of a written record, or of part of a
written record, in accordance with, and within the period prescribed
by, Rule 21; or

(b) having bespoken such copy within the periods prescirbed by
Rule 21, fails thereafter to proceed with due diligence to take all such
further steps as may be necessary for the purpose of completing the
printing of the said record; or

(c) fails to lodge his petition of appeal within the periods respectively
prescribed by Rule 29;
the regustrar of the privy council shall call cupon the appellant to
explain his fefault, and if no explanation is offered, or if the explana-
tion offered is, in the opinion of the said Registrar, insufficient, the
said Registrar shall, with all convenient speed, by letter notify the Re-
gistrar of the Court appealed from that the appeal has not been
effectually prosecuted, and the appeal shall therupon stand dismissed
for non-prosecution as from the date of the said letter without futher
order, and a copy of the said letter shall be sent by the Registrar of
the Privy Council to all the parties who have entered an appearance
in the appeal.

36. where an appellant, who has lodged his petition of appeal,
fails therafter to prosecute his appeal with due diligence, the Registrar
of the Privy council shall call cupon him to explain his default, and,if
no explannationis offered,or if the explanation offered is in the opinion
of the said Registrar, insufficient, the said Registrar shall issue a sum-
mons to the appellant calling upon him to show cause before the
judicial Committee at a time to be named in the said summons why the
appeal should not be dismissed for non-prosecution : Orovided that no
such summons shall be issued by the said Registara before the expira-
tion of one year from the date of the arrival of the record in England,
If the respondent has entered an appearance in the appeal, the Re-
gistrar of the Privy Council shall send him a copy of the said sum-
mons, and the respondent shall be entitled to be head before the
Judicial comittee in the matter of the said summons at the time






named and to ask for his costs and such other relief as he may ho
advised. The Judicial Committee may, after considering the matter of
the said summons, recommend to his Majesty the dismissal of the
appeal fro non-prosecution, or give such other directions therein as the
justice of the case may require.

37. An appellant whose appeal has been dismissed for non-prose-
cution may present a petition to his Majesty in council praying that
his appeal may be restored.

Appearance by Respondent.

38. The respondent may enter an appearance at any time between
the arrival of the record and the hearing of the appeal,but if he
unduly delays entering an appearance he shall bear, or b disallowed,
the costs occasioned by such delay, unless the Judicial Committee
otherwise direct.

39. The respondent shall forthwith after entering an appearance
give notic thereof to the appellant, if the latter has entered an
appearance.

40. where there are two or moe respondent, and only one, or
some, of them enter an appearance, the appearance form shall set not
the name of teh appearing respondents.

41. Two or more respondents may, at their own risk as to costs,
enter separate appearances in the same appeal.

42. A respondent who has not entered an appearance shall not be
entitled to receive any notices relating to the appeal from the Registrar
of the Privy Council, nor be allowed to lodge a case in the appeal.

43. Where a respondent fails to enter an appearance in an appeal,
the following rules sball. subject to any specil order of the Judicial
committee to the contrary, apply:'

(a) If the non-appearing respondent was a respondent at the time
when the appeal was admitted, whether by the order of the court
appealed from or by an order of His majesty in council giving the
appellant special leave to appeal, and it appears from the terms of the
said order, or Order in Council, or otherwise from, that the said
certificate of the egistrar of the Court appealed from, that the said
non-appearing respondent has received notice,or was otherwise aware,
of the order of the Court appealed from addmitting the appeal, or of
the order of his majesty in Council giving the appellant special leave




to appeal, and has also received notice, or was otherwise aware, of the
dispatch of the record to England, the appeal may be set down ex parte
as against the said non-appearino, respondent at any time after the
expiration of 3 months frorn the date of the lodging of the petition of
appeal;
(b) if the non-appearing respondent was made a respondent by an
order of His Majesty in Council subsequently to the admission of the
appeal, and it appears from the record, or from a supplenientar '
record, or from a certificate of the Reuistrar of the Court appealed
from, that the said non-appearing respondent has received notice, or
was otherwise a ware, of any intended application t bring him on the
record as a respondent, the appeal may be set down exparte as against.
the said non-appearino- respondent at any time after the expiration of 3
months from the date on which he shall have been served with a copy
of His Majesty's Order in Council bringing him on the record as a
respondent.
Provided that where it is shown to the satisfaction of the Judicial
Committee, by affidavit or otherwise, either that ,in appellant has made
every reasonable endeavour to serve a non-appearing respondent
with the notices mentioned in clauses (a) and (b) respectively and
has failed to effect such service, or tbat it is not the intention of tbe
non-appearing respondent to enter an appearance to the appeal, the
appeal may, without further order in that behalf and at the risk of the
appellant, be proceeded with exparte as against the said non-appearing
respondent.
44. A respondent who desires to defend an appeal in pauperis
may present a petition to that effect to His Majesty in Council, which
petition shall be accoinpanied by an affidavit from the petitioner
statinly that he is not worth $25 in the world excepting his wearing
appearel and his interest in the subject-matter of the appeal.

Petitions generally.
45. All petitions for orders or directions as to matters of practice
or procedure arising after the lodging of the petition of appeal and-
not involving any change in the paRies to an appeal shall be addressed
to the Judicial Committee. All other petitions shall be addressed to
His Majesty in Council, but a petition which is properly addressed to
His Majesty in Council may include, as incidental to the relief thereby
sought, a prayer for orders or directions as to matters of practice or
procedure.
46. Where an order made by the Judicial Committee does not
embody any special terms or include any special directions, it shall not





be necessary to draw up such order, unless the Committee otherwise
direct, but a note thereof shall be made by the Registrar of the Privy
Council.

47. All petitions shall consist of paragraphs numbered consecutively
and shall be written, type-written, or lithographed, on brief paper with
quarter margin and endorsed with the nanie of the Court appealed from
the short title and Privy Council number of the appeal to which the
petition relates or the short title of the petition (as the case, may be),
and the natne and address of the London agent (if any.) of the
petitioner, but need not be signed. Petitions for special leave to
appeal inay be printed and, shall, in that case, be printed in the form
known as 'demy quarto' or other convenient form.

48. Where a petition is expected to be logdged, or has been lodged,
which does not relate to any pending appeal of which the record
has been registered in the registry of the Privy Council, any person
claiming a right to appear before the Judicial Committee on the hearing
of such pettion may lodge a caveat in the matter thereof, and shall
thereupon be entitled to receive from the Registrar of the Privy Coun-
cil notice of the lodging of the pettion, if at the time of the lodging
of the caveat such petition has not yet been lodged, and, if and when
the petition has been lodged, to require the petitoner to serven him with
a copy of the petition, and to furnish him, at his own expense, with
copies of any papers lodged by the petitioner in support of his petition.
The caveator shall forthwith after loging his caveat give notice thereof
to the petitioner, if the petition has been lodged.

49. Where a petition is lodged in the matter of any pending appeal
of which the record has been registered in the registry of the Privy
Council the petitioner shall serve any party who has entered an ap-
pearance in the appeal with a copy of such petition, and the party os
served shall thereupon the entitled to require the petitioner to frunish
him, at his own expense,with copies of any papers lodged by the
petitioner in support of his petition.

50. A petition not relating to any appeal of which the record has
been registered in the registry of the Privy Council, and any other
petition containing allegations of fact which acnnot be verifited by
reference to the registered record or any certificate or duly authen-
ticated statement of the court appealed from, shall be supported by
affidavit. Where the petitioner prosecutes his petition in person, the
said affidavit shall be sworn by the petition er himself and shall state
that, to the best of the deponent's knwledge, information, and belief,
the allegations contained in the petition are ture. Where the petitioner





is represented by an agent, the said affidavit' shall be sworn by such
agent and shall besides stating that, to the best of the deponent's
knowledge, information, and belief, the allegations contained in the

petition are true, show how the deponent obtained his instructions and
the information enabling him to present the petition.

51. A petition for an order of revivor or substitution shall be
accompanied by a certificate or duly authenticated statement from the
Court appealed from showing who, in the opinion of the said Court, is
the proper person to be substituted, or entered, oil the record in place
of. or in addition to, a party wiio has died or undergone a change of
status.

52. The Registrar of the Privy Council may refuse to receive a
petition on the ground tbat it contaims scandalous matter, but the peti-
tioner may appeal, by way of motion, from such refusal to the Judicial
Committee.

53. As soon is a petition is ready for hearing, the petitioner shall
forthwitli notify the Registrar of the Privy council to thal elfect, and
the petition shall thereupon be deemed to be set down.

54. On each day appointed by the Judicial Committee for the hear
ing of petitions tlie Registrar of the Privy Council shall, unless the
Cotherwise direct, put in the paper for hcaring all such
petitions as have been set down :Provided that, in the absence of
special circumstances to be shown to the satisfaction of the
said Registrar, no petition, if unopposed, shlal be so put int he paper
before, the expiration of 3 clear days from the lodging thereof, or, if
opposed, before the expiration of 1.0 clear days from the lodging thereof
unless in the latter case, the oppoilent consents to the petition being put
in the paper on -in carlier day not being less than 3 clear days from the
lodging thereof.

55. Subject to flic provisions of the next following rule, the Re-
gistrar of the Privy Council shall, as soon as the Judicial Committee
have appointed a day for the hearing of a. petition, notify all parties
concerned by summons of the (lay so appointed.
56. Where the prayer of the petition is of a formal and non-conten-
tious ebaracter, the Judicial Committee may, if they think fit, make
thereon, report to His Majesty on such petition, or make their order
thereon, as the case may be., without requiring the attendance of the
parties in the Council Chamber, and the Registrar of the Privy Council
sall not in any such case issue the summons provided for by the last-

preceding rule, but shall with all convenient speed after the Committee





have madc their report or order notify the parties that the report or
order has been made and of the date and nature of such report or
order

57. A petitioner who desires to withdraw his petition shall give
notice in writing to that effect to the Registrar of the Privy Council.
Where the petition is opposed, the opponent shall, subject to ally
agreement between the parties to the contrary, be entitled to apply to
the Judicial Committee for his costs, btft where the petition is
unopposed, or where, in the case of ail opposed petition, the parties
have come to an agreement as to the costs of the petition, the petition
may, if the Judicial Committee think fit, be disposed of in the same
waymutatis mutandis as a consent petition under the provisions of the
last-preceding rule.

58. Where a petitioner unduly delays bringing a petition to a
hearinu, flie Reuistrar of the Privy Council shall call upon him to
explain the delay, and, if no explanation is offered, or if the explanation
o ffered is, in the opinion of the said Registrar, insufficient, the said
Registrar may treat the said petition as set down and ma , after duly

notifying all parties interested by summons of his intention to do so,
put the petition in the paper for hearing oil the next following- day
appointed by the Judicial Committee for the hearing of petitions for
such directions as the Committe may think fit to give thereon.

59. At the hearing of a petition not more than one counsel shall be
admitted to be heard on a side.

Case.
60. No party to ail appeal shall be entitled to be heard by the
Judicial Committee unless lie has previously lodged his case in the
appeal. Provided that where a respondent is merely a stakeholder or
trustee with no other interest in the appeal, he may give the Registrar
of the Privy Council notice in writing of his intention not to lodge any

case, while reserving his right to address the Judicial Committee on
the question of costs.

61. The case may be printed either abroad or in England, and shall,
in either event, be printed in accordance with rules I to IV of sche-
dule A hereto, every tenth line thereof being numbered in the margin,
and shall be signed by at least one of the counsel who attends at the
heating of the appeal or by the party himself if he conducts his appeal
in person.

62. Bac h party shall lodge 40 prints of his case.





63. The case shall consist of paragraphs numbered consecutively
and shall state, as concisely as possible, the circumstances out of which
the appeal arises, the contentions to be urged by the party lodging the
same, and the reasons of appeal. References by page and line to the
relevant portions of the record as printed shall, as far as practicable,
be printed in the margin, and care shall be taken to avoid, as far as
possible, the reprinting in the ease of long extracts from the record.
The taxinu officer, in taxing the costs of the appeal, shall, either of
his own motion, or at the instance of the opposite party, inquire into
any unnecessary prolixity in the case, and shall disallow the costs
occasioned thereby.

64. Two or more respondents may, at their own risk as to costs, lodge
separate cases in the same appeal.

65. Each party shall. after lodgino, his case, forthwith give notice,
thereof to the other party

66. Subject as hereinafter provided, the party who lodues his case
first may, at any time after the expiration of 3 clear days from the
day on which he has given the other party the notice prescribed by the
last-preceding rule, serve such other party, if the latter has not in the
meantime lodged his case, with a 'case notice', requiring him to
lodge bis case -within one month from the date of the service of the
said case notice and informing him that, in default of his so doing, the
appeal will be set down for hearing ex parte as against him, and if the
other party fails to comply with the said case notice, the party who
has lodged his case may, at any time after the expiration of the time
limited by the said case notice for the lodging of the case, lodge an
affidavit of service (which shall set out the terms of the said case no-
tice), and the appeal shall thereupon, if all other conditions of its being
set down are satisfied, be set down ex parte against the party in default.
Provided that no case notice shall be served until after the completion
of the printing of the record and that. it shall be open to the taxing
officer, in adjusting the costs of the appeal, to inquire, generally, into
the circumstances in which the said case notice was served and, if
satisfied that there was no reasonable necessity for the said case notice,
to disallow the costs thereof to the party serving the same : Provided
also that nothing in this rule contained shall preclude the party in
default from lodging his case, at his own risk as regards costs and
otherwise, at any time u~_to the date of bearing.

67. Subject to the provisions of rule 43 and of the last-preceding

rule, an appeal shall be set down ipso facto as soon as the cases on both
sides are lodged, and the parties shall thereupon exchange cases by





handing one another, either at the offices of one of the agents or ill the
Registry of the. Privy Council, 1.0 copies of their respective cases.

Bindiny Records,
68. As soon as all appeal is set down, the applellant shall attend at
the liccyistry of the Privv Council and obtain 10 copies of the record
and cases to be bound for the use of the Judicial Committee at the
hearing. The copies shall be bound in cloth or in half leather with
paper sides, and 6 leaves of blank paper shall be inserted before the
appellant's case. The front cover shall bear a printed label stating the
title and Privy Council number of the appeal, the contents of the
volume, and the names and addresses of the London ao-ents. The
several documents, indicated by incuts, shall be arranged in the follow-
ing order : (1) Appellant's case ; (2) Respondent's case ; (3) Record
(4) Supplenlental record (if any); and the short title and Privy
Council number of the appeal shall also be shown on the back.

69. Tile appellant shall lodge the bound copies not less than 4 clear
days before the commencement of the sittings during which the appeal
is to be beard.
Hearing.
70. As soon as the judicial Committec have appointed a day for the.
commencement of the sittings for the hearing of appeals, 'the Re-istrar
of the Privy Council shall, as far as in him lies, make known the day so
appointed to the agents of all parties concerned, and shall name a day
oil or before which appeals must be set down if they are to be entered
in the list of business for such sittings. All appeals set down on
or before the day named shall, subject to any directions from the
Committee or to any agreement between the parties to the contrary, be
entered in such list of business and shall, stibicet to any direction from
the Committee to the contrary, be heard in the order-in which they are
set down.

71. The Registrar of the Privy Council shall, subject to the pro-
visions of rule 42, notify the parties to each appeal by summons, at
the earliest possible date, of the day appointed by the Judicial Coin-
inittee for the hearing of the appeal, and the parties shall be in readiness
to be heard on the day so appointed.

72. At the hearing of an appeal not more than two counsel shall be
In
admitted to be heard on a side.

73. Ill Admiralty appeals the Judicial Committee may, if they think
fit, require the attendance of two Nautical Assessors.





74. Where the Judicial Committee, after hearing an appeal, decide
to reserve their judgment thereon. the Registrar of the Privy Council
shall in due course notify the parties who attended the hearing of the
appeal by summons of the day appointed by the Committee for the
delivery of the judgment.

Costs.
75. All bills of costs -under the orders of the judicial Committee
on appeals, petitions, and other matters, shall be referred to the
Registrar of the Privy Council, or such other person as the Judicial
Committee inay appoint, for taxation, and all such taxations shall be
regulated by the schedule of fees set forth in schedule, C hereto.

76. The taxation of costs in England shall be Iimited to costs incurred
in England.

77. The Reuistrar of the Privy Council shall, with all convenient i
speed after the Judicial Committee have given their decision as to the
costs of all appeal, petition, or other matter, issue to the party to whom
costs have been awarded ,in order to tax and a notice specifying the
and hour appointed by him for taxation. The party receiving such
order to tax and notice shall, not less than 48 hours before the time
appointed for taxation, lodge Lis bill of costs (together witil all ncees'ary
vouchers for disbursement), and serve the opposite party with - cops
of 1iis bill of costs and of the ordel. to tax and notice.

78. The taxino, officer may if he think fit, disallow to any party
who fails to lodge his bill of costs (together with in necessary vouchers
for disbursments) wtihin , pre-wribed by the last-preceding
rule, or who in ally way delays or impedes a taxation, the charges to
which such party would otherwise be entitled for drawing his bill of
costs and attendine, the taxation.


79. Any party aggrieved by a, taxation may appeal from the decision
of the taxino, officer to the Judicial Committee. The appeal shall be
heard by way of motion, and the party appealing shall give 3 clear days
notice of motion to the opposite party, and shall also leave a copy of
such notice in the Registry of the Privy Council.

80. The amount allowed by the taxing officer on the taxation shall,

subject to any appeal form his taxation to the Judicial Committee and
subject to any direction from the Committee to the contrary, be inserted
in His Majesty's Order in Council determining the appeal or petition.





81. Where the Judicial Committee directs costs to be taxed oil the
pauper scale, the taxing officer shall not allow all fees of counsel,

and shall only award to the agents out-of-pocket expenses and a rea-
sonable allowance to cover office expenses, such allowance to be taken
at about three-eightlis of the usual professional charges in ordinary
appeals.

82. Where the appellant has lodged security for the respondent's
costs of all appeal ill the registry of the Privy Council, the Registrar
of the Privy Council shall deal witb such security in accordance with
the directions Contained in His Majesty's Order in Council detevinining
the appeal.

83. The Judicial Committee may, for stifficient cause Shown, excuse
the parties from compliance with am- of the requirements of these rules,
and may give such directions in inatters of practice and procedure as
'they shall consider just and expedient. Applications to be excused
from compliance with the requirements. of any of these rules shall be
addressed in the first instance to the Reodstrar of the Privy Council,
who shall take the instructions of the Committee thereon and communicate
the same to the parties. If, in the opinion or' the said Registrar, it
is desirable that the application should be dealt with by the Coin-
mittee in open Court, he may, and if he receives a written request in
that belialf froin any of the parties, he shall, put the application in the
paper for hearing before the. Committee at such time as the Con]-
inittee may appoint, and shall give -,in parties interested notice of the
time so appointed.

81. Ally document lodged in connection with all appeal, petition,
or other matter pendinty before His Majesty in Council or the Judicial
Committee, may be amended by leave of the Registrar of the Privy
Council, but if the said Registrar is of opinion that an application for
leave to amend should be dealt with by the Committee in open Court,
he may, and if he receives a written request in that behalf from any
of the parties, he shall, put such application in the paper for bear-
ing before the Committee at such tinie as the Committee may appoint,
and shall give all parties interested notice of the tinic so appointed.

85. Affidavits relating to ally appeal, petition, or. other matter
pending before His Majesty in Council or the Judicial Committee may
be sworn before the ReAstrar of the Privy Council.

86. Where a party to an appeal, petition, or, other matter pending
before His Majesty in Council changes his agent, such party, or the new





agent, shall forthwith give the Registrar of the Privy Council notice
in writing of tile cliange.


87. Subject to the provisions of any statute or of any statutory
rule or order to the contrary, these rules shall apply to all matters
falling within the Appellate Jurisdiction of His Majesty in Council.
88. These, rules any be cited as the Judicial Committee Rules,
1908, and they shall conie into operation on 1st January, 1909.

SCHEDULE A.

rules as to Printign.
I. All records and other proceedings in appeals or other matters pending
before His Majest in Council or the Judicial Committee which are required
by the above Rules to be printed shall henceforth be printed in the form
known as demy quarto

II The size of hte paper used shall be such that the sheet, when folded
and trimmed, willbe 11 inches in height and inches in width.

III The type to be used inthe text shall be pica type, but long primer
shall be used in printing accounts, tabular matter, and notes.

IV The number of lines in each pge of pica type shall be 47 or there-
abouts, and every tenth line shall be numbered in themargin.

V The price in England for the printing by His Majesty's printer of 50
copies in the form prescribed by these rules shallbe per sheet
pages of pica with marginal notes, not including corrections, tabular matter



SCHEDULE B.

Countries and P1reces re rred to in Rules 21, 29, and 34.

Australia (and the constituent States thereof).
Bastitoland. British East Africa.
British Hotidnras. British North Borneo.
Brunei. Ceylon.
China. Eastern African Protectorates.
Falkland Islands. Federated Malay States.
Fiji. hongkong.
India. Mauritius.
New Zealand. Persia.
Seychelles. Somaliland Protectorate.
Straits Settlements. Zanzibar.






SCHEDULE C.

Fees allowed to Agents conducting Appeals or other matters hefore the
Judicial Committee of the Privy Council.
................................... s. d
Retaining, fee ..................................... 0 13 4
Pertising written record, at the rate of, for every 25 folios 0 6 8
Perusing printed record, at the rate of, for evei:y printed shect
of 8 pages ........................................... 1 o
Attendances at the Council Office, or elsewhere, on ordinary
business, such as to enter an appearance, to make a
search, to lodge it petition or affidavit, or to retain
counsel .........................0 10 0
Attending nt the Couticil Office to examine proof print of re-
cord with the certified record per diew 3 3 0
Attending at the Council Chainber on summons for the hear-
ing of a petition ...............1 6 8
Attending at the Comicil Chamber all day on an appeal not
called on .................................................... 2 6 8
Attending the hearing. of an appeal per diem 3 6 8
Attending a judgment ............1 6 8
Correctirig English proofs. at the rate of, for every printed
sheet of 8 pages .......................... .. 0 10 0
Correcting foreign or Indian proofs, at the rate of, for every
printed sheet of 8 pages ......................................... 1 1 0
Instructions for petition .........010 0
Diriwing petition, ease, or affidavit perfolio 0 2 0
Copying petition, case, or aflidavit perfilio 0 0 6
Instructions for case .............1 0 0
Instructions to counsel to argile an appeal 1 0 0
Instructions to counsel to argue a petition 0 10 0
Attendions to consultation ............. 1 0 0
Sessions fee for each year or part of a year from the (late of
appearance ........................3 3 0
Drawing bill of costs; ............................................ per folio 0 1 0
Copying bill of costs per folio 0 0 6
Attending taxation of costs of an appeal 2 2 0
Attending taxation of cost, of a petition 1 1 0

Council Office Fees.
Entering appearance ......................................................... o lo (
Lodging petition of appeal ............................ 2 0 0
Lodging any otlier petition ....... 1 o o
Lodging case ............................................ 1 0 0
Setting down appeal (chargeable to appellant only) 2 0 0
Setting down petition (chargeable to petitioner only) 1 0 0
Summons ...........................010 0
Committee report ..................1 10 0
Original order of His Majesty in Council determining an
appeal ............................4 0 0
Any other original order of His Majesty in Council 2 0 0


.......................................d.
Plain copy of an order of His Majesty in Council 0 5 0
Orifinal order of the Jodicial Committee 1 10 0
Plain copy of Committee Order ....0 5 0
Loding affidavit ....................... ............. 0 10 0
Certificate delivered to parties .. 0 10 0
Committee references ............................................................. 2 0 0
Loding caveat .............................................................. 1 0 0
Subpmiia to witnesses .............010 0
Taxing fee in appeal ..............3 0 0
Taxing fee in petition ............2 0 0

Interpretation. When appeals will lie: as of right; discretionary. Time for application. Conditions for appeal: security. Preparation of record. Court may allow judgment to be executed. Security. Questions as to preparation of record. Irrelevant matter to be excluded from record. Objections to be noted. Printing. Copies for Privy Council: if printed in Hongkong; if printed in England; if printed in Hongkong and England. Judges' reasons to be transmitted. Consolidation of petitions. Withdrawing appeal after conditional leave. Failure to comply with conditions. Notice of application for final leave. Practice. Withdrawing appeal after final leave. Dismissal for want of diligence in despatching record. Death or change of status of parties before despatch of record; after despach of record. Printing of case. Details of printing; prolixity to be avoided. Costs to be taxed in Hongkong. Hongkong Court to execute order of Privy Council. Saving of right to grant special leave to appeal. Type and paper for record. Interpretation. [Printed in 'Statutory Rules and Orders,' Vol. VI, tit. 'Judicial Committee' p. 13.] Leave to appeal generally. Form of petition for special leave to appeal. Three copies of petition to be lodged with affidavit in support. Time for lodging petition. Security for costs and transmission of record. General provisions. Petitions for special leave to appeal in forma pauperis. Pauper appellant not to lodge security of pay Office fees. Unsuccessful petitioner for leave to appeal in forma pauperis not to pay Office fees. Record to be transmitted without delay. Printing of record. Number of copies to be transmitted, where record printed abroad. One certified copy to be transmitted, where record printed in England. Record printed partly abroad, partly in England. Reasons for judgments to be transmitted. Exculsion of unnecessary documents from record. Documents objected to to be indicated. Registration and numbering of records. Inspection of record by parties. Times within which a copy of a written record shall be bespoken. Notice of appearance by appellant. Preparation of copy of record for printer. Lodging copy record for printing. Special case. Examination of proof of record and striking off copies. Number of copies of record for parties. How costs of printing record are to be borne. Times within which petition shall be lodged. Form of petition. Service of petition. Withdrawal of appeal before petition of appeal has been lodged; after petition of appeal has been lodged. Dismissal of appeal where appellant takes no steps in prosecution thereof. Dismissal of appeal for non-prosecution after appellant's appearance and before lodgment of petition of appeal. Dismissal of appeal for non-prosecution after lodgment of petition of appeal. Restoring an appeal dismissed for non-prosecution. Time within which respondent may appear. Notice of appearance by respondent. Form of appearance where all the respondents do not appear. Separate appearances. Non-appearing respondent not entitled tonotice or lodge case. Procedure on non-appearance of respondent. Respondent defending appeal in forma pauperis. Mode of addressing petitions. Orders on petitions which need not be drawn up. Form of petitions. Cavent. Service of petition. Verifying petition by afidavit. Petition for order of revivor or substitution. Petition containing scandalous matter to be refused. Setting down petition. Times within which set-down petitions shall be heard. Notice to parties of day fixed for hearing petition. Procedure where petition is consented to or is formal. Withdrawal of petition. Procedure where hearing of petition unduly delayed. Only one counsel heard on a side in petitions. Lodging of case. Printing of case. Number of prints to be lodged. Form of cases. Separate cases by two or more respondents. Notice of lodgment of cases. Case notice. Setting down appeal and exchanging cases. Mode of binding records, &c., for use of Judicial Committee. Time within which bound copies shall be lodged. Notice to parties of date of commencement of sittings. Entering appeals for hearing. Notice to parties of day fixed for hearing appeal. Only two counsel heard on a side in appeals. Nautical assessors. Notice to parties of day fixed for delivery of judgment. Taxation of costs. What costs taxed in England. Order to tax. Power of taxing officer where taxation delayed through the fault of the party whose costs are to be taxed. Appeal from decision of taxing officer. Amount of taxed costs to be inserted in His Majesty's Order in Council. Taxation on the pauper scale. Security to be dealt with as His Majest's Order in Council determining appeal directs. Power of Judicial Committee to excuse from compliance with rules. Amendment of documents. Affidavits may be sworn before the Registrar of the Privy Council. Change of agent. Scope of application of rules. Mode of citation and date of operation.

Interpretation. When appeals will lie: as of right; discretionary. Time for application. Conditions for appeal: security. Preparation of record. Court may allow judgment to be executed. Security. Questions as to preparation of record. Irrelevant matter to be excluded from record. Objections to be noted. Printing. Copies for Privy Council: if printed in Hongkong; if printed in England; if printed in Hongkong and England. Judges' reasons to be transmitted. Consolidation of petitions. Withdrawing appeal after conditional leave. Failure to comply with conditions. Notice of application for final leave. Practice. Withdrawing appeal after final leave. Dismissal for want of diligence in despatching record. Death or change of status of parties before despatch of record; after despach of record. Printing of case. Details of printing; prolixity to be avoided. Costs to be taxed in Hongkong. Hongkong Court to execute order of Privy Council. Saving of right to grant special leave to appeal. Type and paper for record. Interpretation. [Printed in 'Statutory Rules and Orders,' Vol. VI, tit. 'Judicial Committee' p. 13.] Leave to appeal generally. Form of petition for special leave to appeal. Three copies of petition to be lodged with affidavit in support. Time for lodging petition. Security for costs and transmission of record. General provisions. Petitions for special leave to appeal in forma pauperis. Pauper appellant not to lodge security of pay Office fees. Unsuccessful petitioner for leave to appeal in forma pauperis not to pay Office fees. Record to be transmitted without delay. Printing of record. Number of copies to be transmitted, where record printed abroad. One certified copy to be transmitted, where record printed in England. Record printed partly abroad, partly in England. Reasons for judgments to be transmitted. Exculsion of unnecessary documents from record. Documents objected to to be indicated. Registration and numbering of records. Inspection of record by parties. Times within which a copy of a written record shall be bespoken. Notice of appearance by appellant. Preparation of copy of record for printer. Lodging copy record for printing. Special case. Examination of proof of record and striking off copies. Number of copies of record for parties. How costs of printing record are to be borne. Times within which petition shall be lodged. Form of petition. Service of petition. Withdrawal of appeal before petition of appeal has been lodged; after petition of appeal has been lodged. Dismissal of appeal where appellant takes no steps in prosecution thereof. Dismissal of appeal for non-prosecution after appellant's appearance and before lodgment of petition of appeal. Dismissal of appeal for non-prosecution after lodgment of petition of appeal. Restoring an appeal dismissed for non-prosecution. Time within which respondent may appear. Notice of appearance by respondent. Form of appearance where all the respondents do not appear. Separate appearances. Non-appearing respondent not entitled tonotice or lodge case. Procedure on non-appearance of respondent. Respondent defending appeal in forma pauperis. Mode of addressing petitions. Orders on petitions which need not be drawn up. Form of petitions. Cavent. Service of petition. Verifying petition by afidavit. Petition for order of revivor or substitution. Petition containing scandalous matter to be refused. Setting down petition. Times within which set-down petitions shall be heard. Notice to parties of day fixed for hearing petition. Procedure where petition is consented to or is formal. Withdrawal of petition. Procedure where hearing of petition unduly delayed. Only one counsel heard on a side in petitions. Lodging of case. Printing of case. Number of prints to be lodged. Form of cases. Separate cases by two or more respondents. Notice of lodgment of cases. Case notice. Setting down appeal and exchanging cases. Mode of binding records, &c., for use of Judicial Committee. Time within which bound copies shall be lodged. Notice to parties of date of commencement of sittings. Entering appeals for hearing. Notice to parties of day fixed for hearing appeal. Only two counsel heard on a side in appeals. Nautical assessors. Notice to parties of day fixed for delivery of judgment. Taxation of costs. What costs taxed in England. Order to tax. Power of taxing officer where taxation delayed through the fault of the party whose costs are to be taxed. Appeal from decision of taxing officer. Amount of taxed costs to be inserted in His Majesty's Order in Council. Taxation on the pauper scale. Security to be dealt with as His Majest's Order in Council determining appeal directs. Power of Judicial Committee to excuse from compliance with rules. Amendment of documents. Affidavits may be sworn before the Registrar of the Privy Council. Change of agent. Scope of application of rules. Mode of citation and date of operation.

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