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THE HONGKONG GOVERNMENT GAZETTE, ST¤ AUGUST, 1896.
121. The notice of appeal shall be served on all parties directly affected by the appeal, but the Full Court may direct notice of the appon! to be served on all or any parties to the action or upon any person not a party, and may postpone the hearing of the appeal upon such terms as may seem just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally partios.
122. The Full Court may, in its discretion, call in the aid of one or more assessors whose fees shall be paid in the first instance by the appellant unless the Full Court shall otherwise order.
123. The Full Court shall have all powers and duties of the Court as to amendment and otherwise and full dis- cretionary power to receive further evidence upon questions of fact.
124. The Full Court shall have power to give any judgment and make any order which ought to have been given or made and to make such further or other order as the case may require, or to order a new trial, or to make such order as to the whole or any part of the costs of the proceedings including the appeal as may seem just.
125. It shall not be necessary for a respondent to give notice of motion by way of Cross Appeal, but if he intends on the hearing of the appeal to apply for any variation of the decision of the Court below, he shall give notice of such intention to any parties who may be affected by such application. The omission to give such notice may be ground for an adjournment of the appeal or for a special order as to costs.
126. No appeal shall, except by special leave of the Full Court, be brought after the expiration of one month.
127. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the Full Court shall so order and any such order may be made upon such conditions as the Full Court may direct.
APPEALS TO HER MAJESTY IN COUNCIL.
128. A party desiring to appeal to Her Majesty in Council from any decision of the Full Court shall, within one month from the date of the decree or order appealed from, file a notice of appeal, and give bail in such sum, not exceeding 3007., as the Full Court may order, to answer the costs of the appeal. A form of notice of appeal will he found in the Appendix hereto, No. 36.
129. Subject to any order of Her Majesty the Queen in Council, or of the Judicial Committee of the Privy Council, the Full Court may proceed to carry the decrec or order appealed from into effect, provided that the party in whose favour it has been made gives bail to abide the evout of the appeal, and to answer the costs thereof, in such sum as the Full Court may order.
130. An appellant desiring to prosecute his appeal is to take such stops as my be required by the practice of the Judicial Committee of the Privy Council.
131. On service of the monition for process, the registrar shall forthwith prepare the process at the expense of the party ordering the same.
132. The process, which shall consist of a copy of all the proceedings in the action, shall be signed by the registrar and scaled with the seal of the Court, and shall be transmitted by the registrar to the registrar of the Appellate
Court.
PAYMENTS INTO COURT.
133. All payments into Court shall be made in accord- auce with and subject to the provisions of any Ordinance or Rule of Court for the time being in force with respect to payments into the Supreme Court.
* Rules 128 133 relate only to the proceedings to be taken in the Supreme Court of Hongkong. As to the Right of Appeal and the calditions attached to it see the Act 53 and 54 Vic. c. 27, 8. 6.
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