398
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
due prosecution of the Appeal, and for 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 Appeal 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); aud
(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 dispatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.
22. Where the judgment appealed from requires the appellant to pay money or perform a duty, the Supreme Court shall have power, when granting leive 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, and in the case 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 satisfaction of the Court, for the due performance of such order as His Majesty in Council shall think fit to make thereon.
23. The preparation of the Record shall be subject to the supervision of the Supreme Court, and the parties may submit any disputed question arising in con- nection therewith to the decisions of the Court, and the Court shall give such direc tions thereon as the justice of the case may require.
24. The Registrar, 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) which 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.
25. 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 unnecessary or irrelevant, and the other party nevertheless insists upon its bing included, the Record, as finally printed, 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.
26. The Record shall be printed in accordance with the rules in the Schedule to this Order, and may be printed either locally or in England.
expense
of
27. Where the Record is printed locally the Registrar shall, at the the appellant, transmit to the Registrar of the Privy Council forty copies of such Record, one of which copies he shall certify to be correct by signing his name on, or initialling, every eighth page thereof, and by affixing thereto the seal of the Supreme Court.
28. 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 the papers and exhibits in the 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.
case.
29. Where part of the Record is printed locally and part is to be printed in England, Articles 21 and 22 shall, as far as practicable, apply to such parts as are printed locally and such as are to be printed in England respectively.
30. 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, unless they are included in the Record, be communicated in writing by such Julge or Judges to the Registrar, and shall by him be transmitted to the Registrar of the Privy Council at the same time when the Record is transmitted.