PRIVY COUNCIL APPEALS.
countries or places named in schedule B hereto, or within a period of 2 months from the same date in the case of an appeal from any other Court, the Registrar of the Privy Council shall with all convenient speed, by letter notify the Registrar of the Court appealed from that the appeal has not been prosecuted and the appeal shall thereupon stand dismissed for non-prosecution as from the date of the said letter without further order.
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 21; or
279
Dismissal of appeal for non-prosecution after appellant's appearance and before
(b) having bespoken such copy within the periods prescribed by lodgment of Rule 21, fails thereafter to proceed with due diligence to take all such petition of further steps as may be necessary for the purpose of completing the appeal. printing of the said record; or
(c) fails to lodge his petition of appeal within the periods respectively prescribed by Rule 29;
the Registrar of the 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.
non-prosecution
36. Where an appellant, who has lodged his petition of appeal, Dismissal of fails thereafter to prosecute his appeal with due diligence, the Registrar appeal for of the Privy Council shall call upon him to explain his default, and, if tion after no explanation is offered, or if the explanation offered is in the opinion lodgment of of the said Registrar, insufficient, the said Registrar shall issue a sum- appeal. mons 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 dismissed 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 appearance 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