130
Dismissal of Appeal for
non-prosecu- tion after Appellant's Appearance and before lodgment of Petition of
Appeal.
Dismissal of Appeal for
non-prosecu- tion after lodgment of Petition of Appeal.
Restoring an Appeal
dismissed for
non-prosecu-
tion.
Time within which Respondent
may appear.
Notice of Appearance
by Res- pondent.
Form of Appearance where all the Respondents do.not appear.
Separate
Appearances.
THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1927.
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 periods prescribed by, Rule 22; or
(b) having bespoken such copy within the periods prescribed by Rule 22, 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 respect-
ively prescribed by Rules 29;
the Registrar of Privy Council shall call upon the Appellant to explain his default, and, if no explanation is offered, or if the explanation offered is, in the opinion of the said Registrar, insufficient, the said Registrar shall, with all convenient speed, by letter notify the Registrar of the Court appealed from that the Appeal has not been effectually prosecuted, and the Appeal shall thereupon stand dismissed for non-prosecution as from the date of the said letter without further 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 thereafter to prosecute his Appeal with due diligence, the Registrar of the Privy Council shall call upon him to explain his defaults, and, if no explana- tion is offered, or if the explanation offered is, in the opinion of the said Registrar, insufficient, the said Registrar shall issue a Summons 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 dis- missed for non-prosecution Provided that no such Summons shall be issued by the said Registrar before the expiration of one year from the date of the arrival of the Record in England. If the Respondent has entered an Appear- ance in the Appeal, the Registrar of the Privy Council shall send him a copy of the said Summons, and the Respondent shall be entitled to be heard before the Judicial Committee in the matter of the said Summons at the time named and to ask for his costs and such other relief as he may be advised. The Judicial Committee may, after considering the matter of the said Sum- mons, recommend to His Majesty the dismissal of the Appeal for 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-prosecution 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 be disallowed, the costs occasioned by such delay, unless the Judicial Committee otherwise direct.
39. The Respondent shall forthwith after entering an Appearance give notice thereof to the Appellant, if the latter has entered an Appearance.
40. Where there are two or more Respondents, and only one, or some, of them enter an Appearance, the Appearance Form shall set out the names of the appearing Respondents.
41. Two or more Respondents may, at their own risk as to costs, enter separate Appearances in the same Appeal.
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