94
Respondent defending Appeal in
THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.
Court appealed from, that the said non-appearing Respondent has received notice, or was otherwise aware, of the Order of the Court appealed from admitting 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-appearing Respondent at any time after the expiration of three months from the date of the lodging of the Petition of Appeal ;
(6) if the non-appearing Respondent was made a Respondent by an Order of ilis Majesty in Council subsequently to the admission of the Appeal, and it appears from the Record, or from a Supplementary Record, or from a Certificate of the Registrar of the Court appealed from, that the said non-appearing Respondent has received notice, or was otherwise aware, of any intended application to bring him on the Record as a Respondent, the Appeal may be set down ex parte as against the said non-appear. ing Respondent at any time after the expiration of three 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 an Appellent 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 that it is not the intention of the 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 ex parte as against the said non-appearing Respondent.
44. A Respondent who desires to defend an Appeal in formû pauperis may present a Petition to that effect to His Majesty in Council, which Petition shall be dorma pau accompanied by an Affidavit from the Petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject-matter of the Appeal.
feris.
Mode of addressing Petitions.
Orders on T'etitions which need
Petitions generally.
All
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 parties to an Appeal shall be addressed to the Judicial Committee. 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 not be drawn such Order, unless the Committee otherwise direct, but a Note thereof shall be
made by the Registrar of the Privy Council.
up.
Form of Petitions.
Ourout.
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 name 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 name and address of the London Agent (if any) of the Petitioner, but need not be signed. Petitions for special leave to appeal may 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 lodged, 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 Petition may lodge a Caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar of the