Directory_and_Chronicle_1924 — Page 400

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THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

23. The preparation of the Record shall be subject to the supervision of the Supreme Court, and the parties may submit any disputed question arising in con- nection therewith to the decisions of the Court, and the Court shall give such direc- tions thereon as the justice of the case may require.

24. 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.

25. 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 insists 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.

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

27. 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.

28. 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.

29. Where part of the Record is printed locally and part is to be printed in England, Articles 21 and 22 shall, as far as practicable, apply to such parts as are printed locally and such as are to be printed in England respectively.

30. The reasons given by the Judge, or any of the Judges, for or against any judgment pronounced in the course of the proceedings out of which the Appeal arises, shall, unless they are included in the Record, be communicated in writing by such Judge or Judges to the Registrar, and shall by him be transmitted to the Registrar of the Privy Council at the same time when the Record is transmitted.

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