288

Taxation on the pauper scale.

Security to be dealt with as His Majesty's Order in Council determining appeal directs.

Power of Judicial Committee to excuse from com-rules.

PRIVY COUNCIL APPEALS.

81. Where the Judicial Committee directs costs to be taxed on the pauper scale, the taxing officer shall not allow any fees of counsel, and shall only award to the agents out-of-pocket expenses and a reasonable allowance to cover office expenses, such allowance to be taken at about three-eighths of the usual professional charges in ordinary appeals.

82. Where the appellant has lodged security for the respondent's costs of an appeal in the registry of the Privy Council, the Registrar of the Privy Council shall deal with such security in accordance with the directions contained in His Majesty's Order in Council determining the appeal.

Miscellaneous.

83. The Judicial Committee may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these rules, and may give such directions in matters of practice and procedure as they shall consider just and expedient. Applications to be excused from compliance with the requirements of any of these rules shall be addressed in the first instance to the Registrar of the Privy Council, who shall take the instructions of the Committee thereon and communicate the same to the parties. If, in the opinion of the said Registrar, it is desirable that the application should be dealt with by the Committee in open Court, he may, and if he receives a written request in that behalf from any of the parties, he shall, put the application in the paper for hearing before the Committee at such time as the Committee may appoint, and shall give all parties interested notice of the time so appointed.

Amendment of documents.

Affidavits may be sworn before the Registrar of the Privy Council.

Change of agent.

84. Any document lodged in connection with an appeal, petition, or other matter pending before His Majesty in Council or the Judicial Committee, may be amended by leave of the Registrar of the Privy Council, but if the said Registrar is of opinion that an application for leave to amend should be dealt with by the Committee in open Court, he may, and if he receives a written request in that behalf from any of the parties, he shall, put such application in the paper for hearing before the Committee at such time as the Committee may appoint, and shall give all parties interested notice of the time so appointed.

85. Affidavits relating to any appeal, petition, or other matter pending before His Majesty in Council or the Judicial Committee may be sworn before the Registrar of the Privy Council.

86. Where a party to an appeal, petition, or other matter pending before His Majesty in Council changes his agent, such party, or the new agent, shall give notice of the change to the Registrar of the Privy Council, and to all other parties concerned.

Share This Page