NOTE (iv).—Whenever an intimation is received of the intention of à person condemned to death to apply to the Judicial Committee, three copies of the paper book and of the judgment of the High Court are forthwith addressed directly by the Provincial Government to the Legal Adviser at the India Office, one copy of each being a certified copy. One of such sets of papers shall be sent by the first available air mail,
NOTE (v).~During the present war, in order to provide against the possible loss of documents in transit, the convict and his adviser should be instructed to send funds by means of a Bank draft only; and the proof required to be furnished regarding the despatch of a duplicate copy of the instructions and of the Bank draft to the solicitors in London by the air mail next subsequent to the air mail by which the originals were sent,
(b) If proof is not furnished before the datę fixed that the necessary papers, instructions and «funds have been sent to a firm of solicitors in London, the execution is not further postponed unless the Provincial Government is satisfied that the delay is due to no fault of the convict or his adviser. If, in any special ense the Provincial Government for this reason allows an extension of the date for furnishing of proof the further date within which proof must be furnished is infinated to the convicte or his adviser,
(c) If proof is furnished before the date fixed, the convict or his adviser is required to intimate the name of the firm of solicitors to whom the papers, instructions and funds have been sent and the registered numbers of the packages containing such papers, instructions and funds, and the name of the firm, the date of the despatch of the papers, etc., and the registered number of the package are communicated to the India Office by telegram directly by the Provincial Government a copy being sent to the Secretary to the Governor General (Public) for information.
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NOTE. If proof is furnished that the necessary papers and instructions, but less than the minimum funds referred to in X (a), Note (ii), have been sent to a firm of solicitors in England, the Provincial Government shall forthwith telegraph to the India Office the names of the convict and such solicitors.
(d) After proof is furnished that the necessary papers, instructions and funds have been sent to England, the execution is except in cases under XII (c) postponed until intimation is received by the Provincial Government from the India Office that the application for special leave has not been lodged in the Privy Council Office by the date fixed, or by such date as the Secretary of State may have decided to extend the date to, or that the application has been dismissed by the Judicial Committee.
XI (a). On receipt of the telegram referred to in the Note to X (c) above enquiries will be made by the India Office of the prisoners' solicitors whether they are prepared to proceed with the case, and on receipt of a reply that the firm of solicitors will proceed the Secretary of State will fix a date by which the application must be lodged at the Privy Council Office. This date will be communicated to the prisoner's solicitors and telegraphed to the Provincial Government. If the solicitors do not, reply that they will proceed, that Provincial Government will be informed by telegram and execution will not be further delayed.
(b) When a petition has been lodged in the Privy Council, the India Office will inform the Provincial Government of the fact by telegram.
(c) The India Office will inform the Provincial Government of developments in the Privy Council in any case which presents unusual features. This information should be commmmicated on receipt to the Secretary to the Governor General (Public).
(d) The India Office will communicate to the Provincial Government by telegram the result of an application to the Privy Council for special leave to appeal, and the Provincial Government will immediately forward a copy of the telegram by post to the Secretary to the Governor General (Public). The India Office will also forward, in due course, a copy of the Order-in-Council to the Provincial Government by ordinary mail.
XII (a). In furnishing proof that he has despatched the necessary papers to a solicitor in England, a petitioner who intends to make application in forma pauperis under Rule 8 of the Procedure Rules of the Judicial Committee of the Privy Council, shall also furnish proof of despatch by air mail of an affidavit or affirmation made by himself stating that he is not worth £25 in the world except his wearing apparel, accompanied by a certificate of Counsel that the petitioner has reasonable grounds of appeal. Thereupon proof of the despatch of funds as required by Instruction X (a) shall not be required.
(6) The affidavit or affirmation of means referred to in the preceding clause (a) shall, if mado in the vernacular, be accompanied by a translation verified by affidavit or affirmation of the person making the translation,
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