question respe ng or upward
or nullity of
w for the time
I shall lie from with the leave
on involved in heral or public Her Majesty in
w for the time
with the special t in any civil
11 be made by of the decision other parties
rsuance of the granted by the
to be fixed by e date of the ing into good burt in a sum of the appeal bayable by the Slug him ssed for non- the appellant ; and
or tires within r the purposes spatch thereof cumstances of
risdiction --
rt for leave to
aw an appeal
Her Majesty ther directions Cumstances of
o or given in r reversed by
lude the judge
7. Where the decision appealed from requires the appellant to pay Stay of money or do any act, the Court shall have power, when granting execution. leave to appeal, either to direct that the said decision shall be carried into execution or that the execution thereof shall be suspended pending the appeal, as to the Court shall seem just, and in case the Court shall direct the said decision to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into good and suflicient security to the satisfaction of the Court, for the due performance of such Örder as Her Majesty in Council shall think fit to make thereon.
8. For the purposes of sections 5 and 7 of this Order, a person may Manner of provide security in any manner that the Court may approve in his case, providing and for the avoidance of doubts it is declared that such security may security. with the approval of the Court consist in whole or in part of a deposit of money.
9-(1) The preparation of the record shall be subject to the super- Preparation vision of the Court, and the parties may submit any disputed question of record. arising in connection therewith to the decision of the Court, and the Court shall give such directions thereon as the justice of the case may require.
(2) 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) that 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.
(3) 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 unneces- sary or irrelevant and the other party nevertheless insists upon its being included, the record, as finally printed (whether in the Virgin Islands or in England) 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 documents was objected to.
(4) The reasons given by judges of the Court for or against any decision pronounced in the course of the proceedings out of which the appeal rises shall be communicated by them in writing to the Registrar, and shall be included in the record.
10.—(1) The record may be printed in the Virgin Islands or may be Printing of printed in England if the parties agree to its being printed, but the record. in the absence of such agreement shall be duplicated by process approved by the Registrar of the Privy Council. If the record is to be printed it shall be printed in accordance with the Rules set forth in the Schedule to this Order.
(2) Where the record is printed in the Virgin Islands 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 shali certify to be correct by signing his name oa, or initialling, every eighth page thereof and by affixing thereto the seal of the Court.
-3
No comments yet.
Private notes are available after approval.