CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 72

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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hundred pounds for the due prosecution of the appeal, and for the payment of all such costs as may become payable to the respondent in the event of the appel- lant not obtaining 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 be); and

(b) Upon such other conditions (if any) as to the time or times within which the appellant shall take the necessary 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.

126. 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 said judgment shall be carried into execution or that the execution thereof shall be suspended unconditionally or on such terms as the Court thinks fit pending the appeal, as to the Court shall seem just, and in case the Court shall direct the said judgment 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.

127. The Record shall be prepared in accordance with the Rules prescribed from time to time by the Lords of the Judicia! Committee and subject to the supervision of the Full Court.

128. Where there are two or more applications for leave to appeal arising out of the same matter, and the Full Court is of opinion that it would be for the convenience of the Lords of the Judicial Committee and all parties concerned that the appeals should be consolidated. the Court may direct the appeals to be consolidated, and grant leave to appeal by a single order.

129. An appellant, who has obtained an order granting him conditional leave to appeal, may, at any time prior to the making of an order granting him final leave to appeal, withdraw his appeal on such terms as to costs and otherwise as the Full Court may direct.

130. Where an appellant, having obtained an order granting him conditional leave to appeal, and having complied with the conditions imposed on him by such order, fails thereafter to apply with due diligence to the Full Court for an order granting him final leave to appeal, the Court may, on an application in that behalf made by the respondent, rescind the order granting conditional leave to appeal, notwithstanding the appellant's com- pliance with the conditions imposed by such order, and may

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give such directions as to the costs of the appeal and the security entered into by the appellant as the Court shall think fit, or make such further or other order in the premises as, in the opinion of the Court, the justice of the case requires.

131. On an application for final leave to appeal, the Full Court may inquire whether notice, or sufficient notice, of the applica- tion has been given by the appellant to all parties concerned, and, if not satisfied as to the notices given, may defer the grant- ing of the final leave to appeal, or may give such other direc- tions in the matter as, in the opinion of the Court, the justice of the case requires.

132. An appellant who has obtained final leave to appeal shall prosecute his appeal in accordance with the rules for the time being regulating the general practice and procedure in appeals to His Majesty in Council,

133. Where an appellant, having obtained final leave to appeal, desires, prior to the dispatch of the Record to England, to with- draw his appeal, the Full Court may, upon an application in that behalf made by the appellant, grant him a certificate to the effect that the appeal has been withdrawn, and the appeal shall thereupon be deemed, as from the date of such certificate, to stand dismissed without express Order of His Majesty in Council, and the costs of the appeal and the security entered into by the appellant shall be dealt with in such manner as the Court may direct,

134. Where an appellant, having obtained final leave to appeal, fails to show due diligence in taking all necessary steps for the purpose of procuring the dispatch of the Record to England, the respondent may, after giving the appellant due notice of his intended application, apply to the Full Court for a certificate that the appeal has not been effectually prosecuted by the appellant, and if the Court sees fit to grant such a certificate, the appeal shall be deemed, as from the date of such certificate, to stand dismissed for non-prosecution without express Order of His Majesty in Council, and the costs of the appeal and the security entered into by the appellant shall be dealt with in such manner as the Court may direct.

135. Where at any time between the Order granting final leave to appeal and the dispatch of the Record to England the Record becomes defective by reason of the death, or change of status, of a party to the appeal, the Full Court may, notwith- standing the order granting final leave to appeal, on an applica- tion in that behalf made by any person interested, grant a certificate showing who, in the opinion of the Court, is the proper person to be substituted or entered on the Record in place of, or in addition to, the party who has died, or under- gone a change of status, and the name of such person shall

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