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Applications for leave to appeal.
Conditional Icave to appeal.
Powers of a single judge.
appeal involves directly or indirectly a claim to or question respect- ing property or a right of the value of £300 sterling or upwards, final decisions in any civil proceedings;
(b) final decisions in proceedings for dissolution or nullity of
marriage; and
(c) such other cases as may be prescribed by any law for the time
being in force in the Virgin Islands.
(2) Subject to the provisions of this Order, an appeal shall lie from decisions of the Court to Her Majesty in Council with the leave of the Court in the following cases-
(a) where in the opinion of the Court the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council, decisions in any civil proceedings; and
(b) such other cases as may be prescribed by any law for the time
being in force in the Virgin Islands.
(3) An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court in any civil or criminal matter.
4. Applications to the Court for leave to appeal shall be made by motion or petition within twenty-one days of the date of the decision to be appealed from, and the applicant shall give all other parties concerned notice of his intended application.
5. Leave to appeal to Her Majesty in Council in pursuance of the provisions of this Order shall, in the first instance, be granted by the Court only-
(a) upon condition of the appellant, within a period to be fixed by the Court but not exceeding ninety days from the date of the hearing of the application for leave to appeal, entering into good and sufficient security to the satisfaction of the Court in a sum not exceeding £500 sterling for the due prosecution of the appeal and the payment of all such costs as may become payable by the applicant in the event of his not obtaining an order granting him final leave to appeal, or of the appeal being dismissed for non- prosecution, or of the Judicial Committee ordering the appellant to pay the costs of the appcal (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 purposes of procuring the preparation of the record and the despatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.
6. A single judge of the Court shall have power and jurisdiction- (a) to hear and determine any application to the Court for leave to appeal in any case where under any provision of law an appeal lies as of right from a decision of the Court;
(b) generally in respect of any appeal pending before Her Majesty in Council, to make such order and to give such other directions as he shall consider the interests of justice or circumstances of the case require :
Provided that any order, directions or decision made or given in pursuance of this section may be varied, discharged or reversed by the Court when consisting of three judges which may include the judge who made or gave the order, directions or decision.
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7. Where the decisio money or do any aci leave to appeal, cither into execution or that the appeal. as to the C direct the said decisio whose favour it was good and sufficient se due performance of su fit to make thereon.
8. For the purposes provide security in any and for the avoidance with the approval of t of money.
9.—(1) The prepara vision of the Court, a arising in connection Court shall give such. require.
(2) The Registrar, shall endeavour to L particularly such as a subject matter of the record as far as practi of documents and th merely formai paris q copied or printed sha index or at the end of
(3) Where in the e objects to the inclusio sary or irrelevant an being included, the r Islands or in England of the costs of and i of papers or otherw inclusion of the docu
(4) The reasons gi decision pronounced the appeal arises she Registrar, and shall be
10.-(1) The record printed in England in the absence of approved by the Reg printed it shall be pri Schedule to this Ordel (2) Where the reco shall, at the expense Privy Council forty c certify to be correct b page thereof and by
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