Directory_and_Chronicle_1925 — Page 387

H.B.M. SUBJECTS IN CHINA AND COREA

time is prescribed, within fifteen days after the same is made or given, apply by motion to the Supreme Court for leave to appeal to His Majesty the King in Council.

(2) The applicant shall give security to the satisfaction of the Court to an amount not exceeding £500 for prosecution of the appeal, and for such costs in the event of the dismissal of the appeal for want of pro- secution as the Supreme Court may award, and for payment of all such costs as may be awarded to any respondent by His Majesty in Council, or by the Lords of the Judicial Committee of His Majesty's Privy

Council.

(3) He shall also pay into the Supreme Court a sum estimated by that Court to be the amount of the expense of the making up and trans- mission to England of the transcript of the record.

(4) If security and payment are so given and made within two months from the filing of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Court shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal to His Majesty in Council according to the rules for the time being in force respecting appeals to His Majesty in Council from his Colonies, or such other rules as His Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.

(5) In any case the Supreme Court, if it considers it just or expedient to do so, may give leave to appeal on the terms and in the manner aforesaid,

appeal.

116.-(1) Where leave to appeal to His Majesty in Council is Execution applied for by a person ordered to pay money or do any other act, the pending Supreme Court shall direct either that the order appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as the Court thinks just.

(2) If the Court directs the order to be carried into execution, the person in whose favour it is made shall, before the execution of it, give security to the satisfaction of the Court for performance of such order as His Majesty in Council may think fit to make.

(3) If the Court directs the execution of the order to be suspended the party against whom it is given shall, before an order for suspension is made, give security to the satisfaction of the Court for performance of

such order as His Majesty in Council may think fit to make.

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117. This Order shall not affect the right of His Majesty in Council Appeal by at any time, on the humble petition of a person aggrieved by a decision special leave. of the Supreme Court, to admit his appeal thereon on such terms and in

such manner as His Majesty in Council may think fit, and to deal with

the decision appealed from in such manner as may be just.

V.-PROCEDURE, CRIMINAL AND CIVIL.

118.-(1) In every case, civil or criminal, Minutes of the proceedings Minutes of shall be drawn up, and shall be signed by the Judge before whom the proceedings. proceedings are taken, and shall, where the trial is held with assessors, be open for their inspection and for their signature if concurred in by

them.

(2) These Minutes, with the depositions of witnesses, and the notes of evidence taken at the hearing or trial by the Judge, shall be preserved in the public office of the Court.

119. The Judge of the Supreme Court may make Rules of Court- (a) For regulating the pleading practice and procedure in the Courts established under this Order with respect to all matters within the jurisdiction of the respective Courts;

Rules of

Court.