THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.
default. Provided that no Case Notice shall be served until after the completion of the printing of the Record and that it shall be open to the Taxing Officer, in adjust- ing the costs of the Appeal, to inquire, generally, into the circumstances in which the said Case Notice was served and, if satisfied that there was no reasonable necessity for the said Case Notice, to disallow the costs thereof to the party serving the -same. Provided also that nothing in this Rule contained shall preclude the party in default from lodging his Case, at his own risk as regards costs and otherwise, at any time up to the date of hearing.
exchanging
97
67. Subject to the provisions of Rule 43 and of the last-preceding Rule, an Setting down Appeal shall be set down ipso facto as soon as the Cases on both sides are lodged, Appeal and and the parties shall thereupon exchange Cases by handing one another, either at the Cases. Offices of one of the Agents or in the Registry of the Privy Council, ten copies of their respective Cases.
Binding Records, &c.
Records, &c.,
Judicial
68. As soon as an Appeal is set down, the Appellant shall attend at the Mode of Registry of the Privy Council and obtain ten copies of the Record and Cases to be binding bound for the use of the Judicial Committee at the hearing. The copies shall be for use of bound in cloth or in half leather with paper sides, and six leaves of blank paper Committee, shall be inserted before the Appellant's Case. The front cover shall bear a printed label stating the title and Privy Council number of the Appeal, the contents of the volume, and the names and addresses of the London Agents. The several documents, indicated by incuts, shall be arranged in the following order: (1) Appellant's Case; (2) Respondent's Case; (3) Record; (4) Supplemental Record (if any); and the short title and Privy Council number of the Appeal shall also be shown on the back.
69. The Appellant shall lodge the bound copies not less than four clear days Time within before the commencement of the Sittings during which the Appeal is to be heard.
which bound copies shall
be lodged.
Hearing.
parties of
entering
70. As soon as the Judicial Committee have appointed a day for the com- Notice to mencement of the Sittings for the hearing of Appeals, the Registrar of the Privy date of com- Council shall, as far as in him lies, make known the day so appointed to the Agents mencement of all parties concerned, and shall name a day on or before which Appeals must be of Sittings; set down if they are to be catered in the List of Business for such Sittings. All Appeals for Appeals set down on or before the day named shall, subject to any directions from the Committee or to any agreement between the parties to the contrary, be entered in such List of Business and shall, subject to any direction from the Committee to the contrary, be heard in the order in which they are set down.
hearing.
day fixed
71. The Registrar of the Privy Council shall, subject to the provisions of Notice to Rule 42, notify the parties to each Appeal by Summons, at the earliest possible parties of date, of the day appointed by the Judicial Committee for the hearing of the Appeal, for hearing and the parties shall be in readiness to be heard on the day so appointed.
Appeal.
72. At the hearing of an Appeal not more than two Counsel shall be admitted Only two to be heard on a side.
Counsel heard on
a side in
Appeals.
73. In Admiralty Appeals the Judicial Committee may, if they think fit, Nautical require the attendance of two Nautical Assessors.
Assessors.
Judgment.
74. Where the Judicial Committee, after hearing an Appeal, decide to reserve Notice to their Judgment thereon, the Registrar of the Privy Council shall in due course parties of day fixed notify the parties who attended the hearing of the Appeal by Summons of the day for delivery appointed by the Committee for the delivery of the Judgment.
of Judgment.
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