Supreme Court.
intention to any parties who may be affected by such application. The omission to give such notice may be ground for an adjournment of the appeal or for a special order as to costs.
[CAP. 4
126. No appeal shall, except by special leave of the Full Court, be brought after the expiration of one month.
Time for appeal.
Effect of appeal on proceedings.
127. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, unless the Full Court so orders. Any such order may be made on such conditions as the Full Court may direct.
Appeals to His Majesty in Council.
Filing of appeal and notice of giving of bail for costs,
128. A party desiring to appeal to His Majesty in Council from any decision of the Full Court shall, within one month from the date of the decree or order appealed from, file a notice of appeal, and give bail in such sum, not exceeding £300, as the Full Court may order, to answer the costs of
Form 36. the appeal.
129. Subject to any order of His Majesty in Council or of the Judicial Committee of the Privy Council, the Full Court may proceed to carry into effect the decree or order appealed from, provided that the party in whose favour it has been made gives bail to abide the event of the appeal, and to answer the costs thereof, in such sum as the Full Court may order.
Appendix.
Carrying effect of standing decree into effect notwithstanding appeal.
130. An appellant desiring to prosecute his appeal is to take such steps as may be required by the practice of the Judicial Committee of the Privy Council.
Prosecution of process.
131. On service of the monition for process, the Registrar shall forthwith prepare the process at the expense of the party ordering the same.
Rules 128 to 132 relate only to the proceedings to be taken in the Supreme Court of Hong Kong. Appeal lies to the Judicial Committee of the Privy Council from the Supreme Court of Hong Kong: See s. 6 of the Colonial Courts of Admiralty Act, 1890, 53 & 54 Vict. c. 27. The right of appeal has been defined and regulated by Order of H. M. in Council dated 10th August, 1909, (S. R. & O. 1909, p. 805). For practice and procedure see H.M. Order in Council of 11th December, 1865, (S. R. & O. Rev. 1904 VI Judicial Committee, p. 98) and the Judicial Committee Rules, 1925, (H.M. Order in Council of 2nd May, 1925-G.N. 207 of 1927).
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