THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 19, 1909.
(c.) fails to lodge his Petition of Appeal within the periods respectively
prescribed by Rule 29;
the Registrar of the Privy Council shall call upon the Appellant to explain his default, and, if no explanation is offered, or if the explanation offered is in the opinion of the said Registrar, insufficient, the said Registrar shall, with all con- venient speed, by letter notify the Registrar of the Court appealed from that the Appeal has not been effectually prosecuted, and the Appeal shall thereupon stand dismissed for non-]
-prosecution as from the date of the said letter without further Order, and a copy of the said letter shall be sent by the Registrar of the Privy Council to all the parties who have entered an Appearance in the Appeal.
93
non-prosecu-
lodgment of
36. Where an Appellant, who has lodged his Petition of Appeal, fails there- Dismissal of after to prosecute his Appeal with due diligence, the Registrar of the Privy Appeal for Council shall call upon him to explain his default, and, if no explanation is offered, tion after or if the explanation offered is, in the opinion of the said Registrar, insufficient, Petition of the said Registrar shall issue a Summons to the Appellant calling upon him to Appeal. show cause before the Judicial Committee at a time to be named in the said Sum- mons why the Appeal should not be dismissed for non-prosecution Provided that no such Summons shall be issued by the said Registrar before the expiration of one year from the date of the arrival of the Record in England. If the Re- spondent has entered an Appearance in the Appeal, the Registrar of the Privy Council shall send him a copy of the said Summons, and the Respondent shall be entitled to be heard before the Judicial Committee in the matter of the said Sum- mons at the time named and to ask for his costs and such other relief as he may be advised. The Judicial Committee may, after considering the matter of the said Summons, recommend to His Majesty the dismissal of the Appeal for non- prosecution, or give such other directions therein as the justice of the case may require.
37. An Appellant whose Appeal has been dismissed for non-prosecution may Restoring an present a Petition to His Majesty in Council praying that his Appeal may be Appeal dis- restored.
Appearance by Respondent.
missed for
non-prosecu-
tiou.
spondent
38. The Respondent may enter an Appearance at any time between the Time within arrival of the Record and the hearing of the Appeal, but if he unduly delays which Re- entering an Appearance he shall bear, or be disallowed, the costs occasioned by may appear. such delay, unless the Judicial Committee otherwise direct.
39. The Respondent shall forthwith after entering an Appearance give notice Notice of thereof to the Appellant, if the latter has entered an Appearance.
Appearance by Respon- dent.
of Form of
40. Where there are two or more Respondents, and only one, or some, them enter an Appearance, the Appearance Form shall set out the names of the Appearance appearing Respondents.
where all the Respondents do not ap- pear.
41. Two or more Respondents may, at their own risk as to costs, enter Separate separate Appearances in the same Appeal.
Appearances.
Non-appear-
42. A Respondent who has not entered an Appearance shall not be entitled to receive any notices relating to the Appeal from the Registrar of the Privy ing Respon- Council, nor be allowed to lodge a Case in the Appeal.
dent not en- titled to re- ceive notices
or lodge Case.
43. Where a Respondent fails to enter an Appearance in an Appeal, the Procedure following Rules shall, subject to any special Order of the Judicial Committee the contrary, apply :
to
on non- appearanen
(a) If the non-appearing Respondent was a Respondent at the time when the Appeal was admitted, whether by the Order of the Court appealed from or by an Order of His Majesty in Council giving the Appellant special leave to appeal, and it appears from the terms of the said Order, or Order in Council, or otherwise from the Record, or from a Certificate of the Registrar of the
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of Respon- dent.
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