11740-1909-General-Rules-as-to-Appeals-to-the-Privy-Council — Page 10

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.

Privy Council notice of the lodging of the Petition, if at the time of the lodging of the Caveat such Petition has not yet been lodged, and, if and when the Petition has been lodged, to require the Petitioner to serve him with a copy of the Petition, and to furnish him, at his own expense, with copies of any papers lodged by the Petitioner in support of his l'etition. The Caveator shall forthwith after lodging his Caveat give notice thereof to the Petitioner, if the Petition has been lodged.

Petition.

49. Where a Petition is lodged in the matter of any pending Appeal of which Service of the Record has been registered in the Registry of the Privy Council, the Petitioner shall serve any party who has entered an Appearance in the Appeal with a copy of such Petition, and the party so served shall thereupon be entitled to require the Petitioner to furnish him, at his own expense, with copies of any papers lodged by the Petitioner in support of his Petition.

95

Petition by

50. A Petition not relating to any Appeal of which the Re-ord has been Verifying registered in the Registry of the Privy Council, and any other Petition containing davit. allegations of fact which cannot be verified by reference to the registered Record or any certificate or duly authenticated statement of the Court appealed from, shall be supported by Affidavit. Where the Petitioner prosecutes his Petition in person, the said Affidavit shall be sworn by the Petitioner himself and shall state that, to the best of the deponent's knowledge, information, and belief, the allegations contained in the Petition are true. Where the Petitioner is represented by an Agent, the said Affidavit shall be sworn by sich Agent and shall, besides stating that, to the best of the deponent's knowledge, information, and belief, the allegations contained in the Petition are true, show how the deponent obtained his instructions and the information enabling him to present the Petition.

Order of

51. A Petition for an Order of Revivor or Substitution shall be accompanied Petition for by a certificate or duly authenticated statement from the Court appealed from Revivor or showing who, in the opinion of the said Court, is the proper person to be substituted, Substitution. or entered, on the Record in place of, or in addition to, a party who has died or undergone a change of status.

containing

52. The Registrar of the Privy Council may refuse to receive a Petition on Petition the ground that it contains scandalous matter, but the Petitioner may appeal, by scandalous way of motion, from such refusal to the Judicial Committee.

matter to be refused.

l'etition.

53. As soon as a Petition is ready for hearing, the Petitioner shall forthwith Setting down notify the Registrar of the Privy Council to that effect, and the Petition shall thereupon be deemed to be set down.

54. On each day appointed by the Judicial Committee for the hearing of Petitions the Registrar of the Privy Council shall, unless the Committee otherwise direct, put in the paper for hearing all such Petitions as have been set down. Provided that, in the absence of special circumstances of urgency to be shown to the satisfaction of the said Registrar, no Petition, if unopposed, shall be so put in the paper before the expiration of three clear days from the lodging thereof, or, if opposed, before the expiration of ten clear days from the lodging thereof unless, in the latter case, the Opponent consents to the Petition being put in the paper on an earlier day not being less than three clear days from the lodging thereof.

Times within

which set- down Peti-

tions shall be

heard.

day fixed for

55. Subject to the provisions of the next following Rule, the Registrar of the Notice to Privy Council shall as soon as the Judicial Committee have appointed a day for parties of the hearing of a Petition, notify all parties concerned by Summons of the day so hearing Peti- appointed.

είσαι.

where Peti-

is formal.

56. Where the prayer of a Petition is consented to in writing by the opposite Procedure party, or where a Petition is of a formal and non-contentious character, the Judicial tion is con- Committee may, if they think fit, make their Report to His Majesty on such Petition, sented to or or make their Order thereon, as the case may be, without requiring the attendance of the parties in the Council Chamber, and the Registrar of the Privy Council shall not in any such case issue the Summons provided for by the last-preceding Rule, but shall with all convenient speed after the Committee have made their Report or Order notify the parties that the Report or Order has been made and of the date and nature of such Report or Order.

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