11740-1909-General-Rules-as-to-Appeals-to-the-Privy-Council — Page 6

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909. 91

of a written

be bespoken.

21. Where the Record arrives in England either wholly written, or partly Times within written and partly printed, the Appellant shall, within a period of four months which copy from the date of such arrival in the case of Appeals from Courts situate in Record shall any of the countries or places named in Schedule B. hereto, and within a period of two months from the same date in the case of Appeals from any other Courts, enter an Appearance and bespeak a type-written copy of the Record, or of such parts thereof as it may be necessary to have copied, and shall engage to pay the cost of preparing such copy at the following rates per folio typed (exclusive of tabular matter)-14d. per folio of English matter, 2d. per folio of Indian matter, and 3d. per folio of foreign matter.

22. The Appellant shall forthwith, after entering his Appearance, give notice Notice of thereof to the Respondent, if the latter has entered an Appearance.

Appearance by Appellant.

of copy of

23. As soon as the Appellant has obtained the type-written copy of the Record Preparation bespoken by him, he shall proceed, with due diligence, to arrange the documents Record for in suitable order, to check the index, to insert the marginal notes and check the Printer. same with the index, and, generally, to do whatever may be required for the purpose of preparing the epy for the Printer, and shall, if the Respondent has entered an Appearance, submit the copy, as prepared for the Printer, to the Respondent for his approval. In the event of the parties being unable to agree as to any matter arising under this Rule, such matter shall be referred to the Registrar of the Privy Council, whose decision thereon shall be final.

cord for

24. As soon as the type-written copy of the Record is ready for the Printer, Lodging the Appellant shall lodge it, with a request to the Registrar of the Privy Council copy of Re- to cause it to be printed by His Majesty's Printer or by any other printer on the printing. same terms, and shall engage to pay at the price specified in Rule V. of Schedule A. hereto the cost of printing 50 copies thereof, or such other number as in the opinion of the said Registrar the circumstances of the case require.

25. Whenever it shall be found that the decision of a matter on appeal is likely Special Case. to turn exclusively on a question of law, the parties, with the sanction of the Registrar of the Privy Council, may submit such question of law to the Judicial Committee in the form of a Special Case, and print such parts only of the Record as may be necessary for the discussion of the same. Provided that nothing herein contained shall in any way prevent the Judicial Committee from ordering the full discussion of the whole case, if they shall so think fit, and that, in order to promote such arrangements and simplification of the matter in dispute, the said Registrar may call the parties before him, and having heard them, and examined the Record, may report to the Judicial Committee as to the nature of the proceedings.

of proof of

26. The Registrar of the Privy Council shall, as soon as the proof prints of Examination the Record are ready, give notice to all parties who have entered an Appearance Record and requesting them to attend at the Registry of the Privy Council at a time to be striking off named in such notice in order to examine the said proof prints and compare the copies. same with the certified Record, and shall, for that purpose, furnish each of the said parties with one proof print. After the examination has been completed, the Appel- lant shall, without delay, lodge his proof print, duly corrected and (so far as neces- sary) approved by the Respondent, and the Registrar of the Privy Council shall thereupon cause the copies of the Record to be struck off from such proof print.

27. Each party who has entered an Appearance shall be entitled to receive, Number of for his own use, six copies of the Record.

copies of Record for parties.

Record are

28. Subject to any special direction from the Judicial Committee to the contrary, How costs of the costs of and incidental to the printing of the Record shall form part of the costs printing of the Appeal, but the costs of and incidental to the printing of any document to be borne. objected to by one party, in accordance with Rule 18, shall, if such document is found on the taxation of costs to be unnecessary or irrelevant, be disallowed to, or borne by, the party insisting on including the same in the Record.