Directory_and_Chronicle_1915 — Page 392

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

399

31. Where there are two or more applications for leave to appeal arising out of the same matter, and the Supreme Court is of opinion that it would be for the con- venience 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.

32. 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 Supreme Court may direct.

33. 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 Supreme Court for an order grant- ing 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, notwith- standing the appellant's compliance with the conditions imposed by such order, and may 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.

34. On an application for final leave to appeal, the Supreme Court may inquire whether notice, or sufficient notice, of the application has been given by the appellant to all parties concerned, and, if not satisfied as to the notices given, may defer the granting of the final leave to appeal, or may give such other directions in the matter as, in the opinion of the Court, the justice of the case requires.

35. Au 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.

36. Where an appellant, having obtained final leave to appeal, desires, prior to the dispatch of the Record to England, to withdraw his Appeal, the Supreme 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an application in that behalf made by the appellant, grant him a certificate to the effect that the Appeal has been withdrawn, and the Appeal shall ther upon be deemed, as from the date of such certificate, to stand dismissed without express Order of His Majesty in Council, and the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.

37. 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 Supreme 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 staud 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.

38. 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 Supreme Court may, notwith- standing the order granting final leave to appeal, on an application 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 undergone a change of status, and the name of such person shall thereupon be deemed to be so substituted or entered on the Re- cord as aforesaid without express Order of His Majesty in Council.

39. Where the Record subsequently to its dispatch to England becomes defective by reason of the death, or change of status, of a party to the Appeal, the Supreme Court shall, upon an application in that behalf made by any person interested, cause a certificate to be transmitted to the Registrar of the Privy Council showing who, in the opinion of the Court, is the proper person to be substituted, or entered, on the