CO129-486 - Public Offices - 1924 — Page 151

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127.-(1) Any party to an action in the Supreme Court,, aggrieved by the decision of that Court or by the verdict of a. jury, may move the Full Court to rehear such action.

(2) On such motion the Full Court may make any order. that may be made by the Court of Appeal in England in the exercise of its ordinary appellate jurisdiction.

(3) An application for a rehearing shall be made within the prescribed time.

Appeals to His Majesty in Council.

128. Subject to the provisions of this Order, an Appeal shall lie to His Majesty in Council-

(1) As of right, from any final judgment of the Full. Court made in a civil action, where the matter in dis- pute on the Appeal amounts to or is of the value of £500 or upwards, or where the Appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of £500 or upwards; and (2) At the discretion of the Full Court, from any other judgment of the Full Court, whether final or in- terlocutory, if, in the opinion of the Full Court, the question involved in the Appeal is one which, by reason of its great general or public importance or otherwise, ought to be submitted to His Majesty in Council for decision.

129. Applications to the Full Court for leave to appeal shall be made by motion within fifteen days from the date of the judgment to be appealed from, and, unless the application is made. in Court at the time when such judgment is given, the applicant shall give the opposite party notice of his intended application. 130. Leave to appeal under Article 129 shall only be granted by the Full Court in the first instance—

(a) Upon condition of the appellant, within two months from the date of the hearing of the application for leave to appeal, giving security, to the satisfaction of the Supreme Court, to an amount not exceeding £500, for the due prosecution of the Appeal, and for the pay- ment of all such costs as may become payable to the respondent in the event of the appellant's not obtain- ing an order granting him final leave to appeal, or of the Appeal being dismissed for non-prosecution, or of His Majesty in Council ordering the appellant to pay the respondent's costs of the Appeal (as the case may

and

be); (b) Upon such other conditions (if any) as to the time or times within which the appellant shall take the neces- sary steps for the purpose of procuring the preparation of the Record and the dispatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.

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131. Where the judgment appealed from requires the appellant to pay money or perform a duty, the Full Court shall have power, when granting leave to appeal, either to direct that the suid judgment shall be carried into execution or that the execution thereof shall be suspended pending the Appeal, as to the Court shall seem just, and in case the Court shall direct the said judg. ment to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into good and sufficient security, to the satisfaction of the Court, for the due performance of such Order as His Majesty in Council shall think fit to make thereon.

132. The preparation of the Record shall be subject to the supervision of the Full Court, and the parties may submit any disputed question arising in connection therewith to the decision of the Court, and the Court shall give such directions thereon as the justice of the case may require,

133. The Registrar, as well as the parties and their legal agents, shall endeavour to exclude from the Record all documents (more particularly such as are merely formal) which are not relevant to the subject-matter of the Appeal, and, generally, to reduce the bulk of the Record as far as practicable, taking special care to avoid the duplication of documents and the unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted to be copied or printed shall be enumerated in a list to be placed after the index or at the end of the Record.

134. Where in the course of the preparation of a Record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant, and the other party nevertheless in- sists upon its being included, the Record, as finally printed, shall with a view to the subsequent adjustment of the costs of and incidental to such document, indicate in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.

135. The Record shall be printed in accordance with the rules in the First Schedule to this Order, and may be printed either locally or in England.

138. Where the Record is printed locally the Registrar shall, at the expense of the appellant, transmit to the Registrar of the Privy Council forty copies of such Record, one of which copies he shall certify to be correct by signing his name on, or initialling, every eighth page thereof, and by affixing thereto the seal of the Supreme Court.

187. Where the Record is to be printed in England, the Registrar shall, at the expense of the appellant, transmit to the Registrar of the Privy Council one certified copy of such Record, together with an index of all the papers and exhibits in the case. No other certified copies of the Record shall be transmitted to the agents in England by or on behalf of the parties to the Appeal.

138. Where part of the Record is printed locally and part is to be printed in England, Articles 136 and 137 shall, as far as

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