in England, the to the Registra
together with other certified in England by
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in Islands and
ons (2) and (3) h parts as are
be printed or
eave to appeal opinion that it cial Committee nsolidated, the grant leave to
granting him the conditions pply with due ave to appeal, made by the ave to appeal litions imposed he costs of the he Court shall ises as, in the
the Court may tion has been satisfied as to ave to appeal, he opinion of
ransmit to the ffect that the
of the order ransmission of
appeal shall the time being peals to Her
granting him the making of his appeal on irect. appeal desires, withdraw his thaif made by e 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been withdrawn, and the appeal shall thereupon be deemed, as from the date of such certificate, to stand dismissed without express Order of Her Majesty in Council, and the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.
for non-
16. Where an appellant, having obtained final leave to appeal, fails Dismissal to show due diligence in taking all necessary steps for the purpose prosecution. of procuring the despatch of the record to England, any 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 effectu- ally prosecuted by the appellant, and if the Court sees fit to grant 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 Her 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.
17.-1) Where at any time between the order granting final leave Substituting to appeal and the despatch of the record to England, the record becomes parties. defective by reason of the death or 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 interested, 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 substituted or entered on the record as aforesaid without express Order of Her Majesty in Council.
(2) 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 ppeal, 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.
case.
18. The case of each party to the appeal may be printed in the Printing of Virgin Islands or printed or duplicated in England and shall, if it is to be printed, be printed in accordance with the Rules set forth in the Schedule to this Order; and it 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.
19. The case shall consist of paragraphs numbered consecutively and Form of shall state, as concisely as possible, the circumstances out of which the case. appeal arises, the contentions to be urged by the party lodging the case and the reasons of appeal. Reference 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 should be taken to avoid, as far as possible, the reprinting in the case of long extracts from the record. The taxing officer, in taxing the costs of the appeal, shall, either of his own motion or at the instance of any party, inquire into any unnecessary prolixity in the case and shall disallow the costs occasioned thereby.
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