639322-1896-Queen-s-Orders-in-Council-Enrolment-of-Privy-Council-Practitioners-and-Records-of-Proceedings-in-Appeals- — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 20тu JUNE, 1896.

And that in all cases in which the parties in Appeals shall think fit to have the proceedings printed abroad, they shall be at liberty to do so, provided they cause fifty copies * Now demy of the same to be printed in folio,*

quarto.

Sen Order 6, March 1896.

Written

And transmitted, at their expense. to the Registrar of the Privy Council,

Two of which printed copies shall be certified as above by the officers of the Court appealed from;

And in this case no further expense for copying or printing the record will be incurred or allowed in England.

IV. That on the arrival of a written transcript of appeal at the Privy Council Office, transcripted Whitehall, the Appellant or the agent of the Appellant prosecuting the same shall be at

liberty

to be

by Her

Majesty's Printer.

Transcripts

within a

To call on the Registrar of the Privy Council to cause it, or such part thereof as may be necessary for the hearing of the case.

And likewise all such parts thereof as the Respondent or his agent may require, to be printed by Her Majesty's Printer,

Or by any other printer on the same terms,

The Appellant or his agent engaging to pay the cost of preparing a copy for the printer at a rate not exceeding one shilling per brief sheet, [now three half-pence per folio]

And likewise the cost of printing such record or appendix,

And that one hundred copies [now seventy-five] of the same be struck off

whereof thirty [now twenty] copies are to be delivered to the agents on each side, and forty [now thirty-five] kept for the use of the Judicial Committee;

And that no other fees for solicitors' copies of the transcript, or for drawing the joint appendix, be henceforth allowed,

The solicitors on both sides being allowed to have access to the original papers at the Council Office,

And to extract or cause to be extracted and copied such parts thereof as are necessary for the preparation of the petition of appeal, at the stationer's charge not exceeding one shilling per brief sheet [now three half pence per folio].

V. That a certain time be fixed within which it shall be the duty of the Appellant or to be printed his agent to make such application for the printing of the transcript, and that such time be certain time. within the space of six calendar months from the arrival of the transcript and the registration thereof in all matters brought by appeal from Her Majesty's colonies and plantations east of the Cape of Good Hope, or from the territories of the East India Company,

Appeals may be heard in the form of a special case.

And within the space of three months in all matters brought by appeal from any other part of Her Majesty's dominions abroad;

And that in default of the Appellant or his agent taking effectual steps for the prosecu- tion of the Appeal within such time or times respectively, the Appeal shall stand dismissed without further order,

And that a report of the same be made to the Judicial Committee by the Registrar of the Privy Council at their Lordships' next sitting.

VI. That whenever it shall be found that the decision of a matter on appeal is likely to turn exclusively on a question of law, the agents of the parties, with the sanction of the Registrar of the Privy Council, may submit such question of law to the Lords of the Judicial Committee in the form of a special case, and print such parts only of the transcript as may be necessary for the discussion of the same; provided that nothing herein contained shall in any way bar or prevent the Lords of the Judicial Committee from ordering the full discussion of the whole ense, if they shall so think fit; and that in order to promote such arrangements and simplification of the matter in dispute, the Registrar of the Privy Council may call the agents of the parties before him, and having heard them, and examined the transcript, may report to the Committee as to the nature of the proceedings.

And HER MAJESTY is further pleased to order, and it is hereby ordered, that the foregoing Rules and Regulations be punctually observed, obeyed, and carried into execution in all Appeals or petitions and complaints in the nature of Appeals brought to Her Majesty, or to Her heirs and successors, in Council, from Her Majesty's colonies and plantations abroad, and from the Channel Islands or the Isle of Man, and from the territories of the East India Company, whether the same be from courts of justice or from special jurisdictions, other than Appeals from Her Majesty's Courts of Vice-Admiralty, to which the said Rules are not to be applied.

Whereof the Judges and Officers of Her Majesty's Courts of Justice abroad, and the Judges and Officers of the Superior Courts of the East India Company, and all other persons whom it may concern, are to take notice, and govern themselves accordingly.

W. L. BATHURST,