1912_RULES_FOR_APPEALS_TO_THE_PRIVY_COUNCIL — Page 21

PRIVY COUNCIL APPEALS.

to appeal, and has also received notice, or was otherwise aware, of the dispatch of the record to England, the appeal may be set down ex parte as against the said non-appearing respondent at any time after the expiration of 3 months from the date of the lodging of the petition of appeal;

(b) if the non-appearing respondent was made a respondent by an order of His Majesty in Council subsequently to the admission of the appeal, and it appears from the record, or from a supplementary record, or from a certificate of the Registrar of the Court appealed from, that the said non-appearing respondent has received notice, or was otherwise aware, of any intended application to bring him on the record as a respondent, the appeal may be set down ex parte as against the said non-appearing respondent at any time after the expiration of 3 months from the date on which he shall have been served with a copy of His Majesty's Order in Council bringing him on the record as a respondent.

every

Provided that where it is shown to the satisfaction of the Judicial Committee, by affidavit or otherwise, either that an appellant has made reasonable endeavour to serve a non-appearing respondent with the notices mentioned in clauses (a) and (b) respectively and has failed to effect such service, or that it is not the intention of the non-appearing respondent to enter an appearance to the appeal, the appeal may, without further order in that behalf and at the risk of the appellant, be proceeded with ex parte as against the said non-appearing respondent.

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44. A respondent who desires to defend an appeal in formâ pauperis Respondent defending may present a petition to that effect to His Majesty in Council, which appeal in formâ pauperis. petition shall be accompanied by an affidavit from the petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject-matter of the appeal.

Petitions generally.

45. All petitions for orders or directions as to matters of practice Mode of or procedure arising after the lodging of the petition of appeal and addressing petitions. not involving any change in the parties to an appeal shall be addressed to the Judicial Committee. All other petitions shall be addressed to His Majesty in Council, but a petition which is properly addressed to His Majesty in Council may include, as incidental to the relief thereby sought, a prayer for orders or directions as to matters of practice or procedure.

46. Where an order made by the Judicial Committee does not Orders on petitions embody any special terms or include any special directions, it shall not which need not be drawn up.