11740-1909-General-Rules-as-to-Appeals-to-the-Privy-Council — Page 5

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Exemption

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.

of unsuccess- dismissed

ful Petitioner

10. A Petitioner whose Petition for leave to appeal in formâ pauperis is may, notwithstanding such dismissal, be excused from paying the for leave to Council Office fees usually chargeable to a Petitioner in respect of a Petition for leave to appeal, if His Majesty in Council, on the advice of the Judicial Committee, shall think fit so to order.

appeal in

forma pau-

peris from payment of Office fees.

Record to be transmitted without

delay.

Printing of Record,

Number of

transmitted,

Record.

11. As soon as an Appeal has been admitted, whether by an Order of the Court appealed from or by an Order of His Majesty in Council granting special leave to appeal, the Appellant shall without delay take all necessary steps to have the Record transmitted to the Registrar of the Privy Council.

12. The Record shall be printed in accordance with Rules I. to IV. of Schedule A. hereto. It may be so printed either abroad or in England.

13. Where the Record is printed abroad, the Registrar shall, at the expense of copies to be the Appellant, transmit to the Registrar of the Privy Council 40 copies of such Record, one of which copies he shall certify to be correct by signing his name on, or initialling, every eighth page thereof and by affixing thereto the seal, if any, of the Court appealed from.

where Record printed abroad.

One certified copy to be

14. Where the Record is to be printed in England, the Registrar shall, at the transmitted, expense of the Appellant, transmit to the Registrar of the Privy Council one certi- fied copy of such Record, together with an index of all the papers and exhibits in the case.

No other certified copies of the Record shall be transmitted to the Agents in England by or on behalf of the parties to the Appeal.

where Record to be

printed in

England.

Record

printed

partly abroad,

partly in England.

Reasons for judgments

to be trans- mitted,

Exclusion of

documents

15. Where part of the Record is printed abroad and part is to be printed in England, Rules 13 and 14 shall, as far as practicable, apply to such parts as are printed abroad and such as are to be printed in England respectively.

16. The reasons given by the judge, or any of the judges, for or against any judgment pronounced in the course of the proceedings out of which the Appeal arises, shall by such judge or judges be communicated in writing to the Registrar and shall by him be transmitted to the Registrar of the Privy Council at the same time when the Record is transmitted.

17. The Registrar, as well as the parties and their Agents, shall endeavour to- unnecessary exclude from the Record all documents (more particularly such as are merely from Record. 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 printed or copied shall be enumerated in a list to be placed after the index or at the end of the Record.

Documents objected to to be indi- cated.

Registration

ing of Re- cords.

18. 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 unnecessary or irrelevant, and the other party nevertheless insists upon its being included, the Record, as finally printed (whether abroad 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 document was objected to.

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19. As soon as the Record is received in the Registry of the Privy Council, it and number shall be registered in the said Registry, with the date of arrival, the names of the parties, the date of the judgment appealed from, and the description whether "printed" or "written. A Record, or any part of a Record, not printed in accordance with Rules I. to IV. of Schedule A. hereto, shall be treated as written. Appeals shall be numbered consecutively in each year in the order in which the Records are received in the said Registry.

Inspection of Record by parties.

20. The parties shall be entitled to inspect the Record and to extract all necessary particulars therefrom for the purpose of entering an Appearance.

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