PRIVY COUNCIL APPEALS.
63. The case shall consist of paragraphs numbered consecutively Form of and shall state, as concisely as possible, the circumstances out of which cases. the appeal arises, the contentions to be urged by the party lodging the same, and the reasons of appeal. References by page and line to the relevant portions of the record as printed shall, as far as practicable, be printed in the margin, and care shall be taken to avoid, as far as possible, the reprinting in the case of long extracts from the record. The taxing officer, in taxing the costs of the appeal, shall, either of his own motion, or at the instance of the opposite party, inquire into any unnecessary prolixity in the case, and shall disallow the costs occasioned thereby.
64. Two or more respondents may, at their own risk as to costs, lodge Separate separate cases in the same appeal.
285
cases by two or more respondents.
65. Each party shall, after lodging his case, forthwith give notice Notice of thereof to the other party.
66. Subject as hereinafter provided, the party who lodges his case first may, at any time after the expiration of 3 clear days from the day on which he has given the other party the notice prescribed by the last-preceding rule, serve such other party, if the latter has not in the meantime lodged his case, with a "case notice", requiring him to lodge his case within one month from the date of the service of the said case notice and informing him that, in default of his so doing, the appeal will be set down for hearing ex parte as against him, and if the other party fails to comply with the said case notice, the party who has lodged his case may, at any time after the expiration of the time limited by the said case notice for the lodging of the case, lodge an affidavit of service (which shall set out the terms of the said case notice), and the appeal shall thereupon, if all other conditions of its being set down are satisfied, be set down ex parte against the party in default. Provided that no case notice shall be served until after the completion of the printing of the record and that it shall be open to the taxing officer, in adjusting the costs of the appeal, to inquire, generally, into the circumstances in which the said case notice was served and, if satisfied that there was no reasonable necessity for the said case notice, to disallow the costs thereof to the party serving the same: Provided also that nothing in this rule contained shall preclude the party in default from lodging his case, at his own risk as regards costs and otherwise, at any time up to the date of hearing.
lodgment of cases. Case notice.
67. Subject to the provisions of rule 43 and of the last-preceding Setting down appeal and rule, an appeal shall be set down ipso facto as soon as the cases on both exchanging sides are lodged, and the parties shall thereupon exchange cases by cases.
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PRIVY COUNCIL APPEALS.
63. The case shall consist of paragraphs numbered consecutively Form of and shall state, as concisely as possible, the circumstances out of which cases. the appeal arises, the contentions to be urged by the party lodging the same, and the reasons of appeal. References by page and line to the relevant portions of the record as printed shall, as far as practicable, be printed in the margin, and care shall be taken to avoid, as far as possible, the reprinting in the case of long extracts from the record. The taxing officer, in taxing the costs of the appeal, shall, either of his own motion, or at the instance of the opposite party, inquire into any unnecessary prolixity in the case, and shall disallow the costs occasioned thereby.
64. Two or more respondents may, at their own risk as to costs, lodge Separate separate cases in the same appeal.
285
cases by two or more respondents.
65. Each party shall, after lodging his case, forthwith give notice Notice of thereof to the other party.
66. Subject as hereinafter provided, the party who lodges
his case first may, at any time after the expiration of 3 clear days from the day on which he has given the other party the notice prescribed by the last-preceding rule, serve such other party, if the latter has not in the meantime lodged his case, with a "case notice", requiring him to lodge his case within one month from the date of the service of the said case notice and informing him that, in default of his so doing, the appeal will be set down for hearing ea parte as against him, and if the other party fails to comply with the said case notice, the party who has lodged his case may, at any time after the expiration of the time. limited by the said case notice for the lodging of the case, lodge an affidavit of service (which shall set out the terms of the said case no- tice), and the appeal shall thereupon, if all other conditions of its being set down are satisfied, be set down ex parte against the party in default. Provided that no case notice shall be served until after the completion of the printing of the record and that it shall be open to the taxing officer, in adjusting the costs of the appeal, to inquire, generally, into the circumstances in which the said case notice was served and, if satisfied that there was no reasonable necessity for the said case notice, to disallow the costs thereof to the party serving the same: Provided also that nothing in this rule contained shall preclude the party in default from lodging his case, at his own risk as regards costs and otherwise, at any time up to the date of hearing.
lodgment of
cases.
Case notice.
67. Subject to the provisions of rule 43 and of the last-preceding Setting down
appeal and rule, an appeal shall be set down ipso facto as soon as the cases on both exchanging sides are lodged, and the parties shall thereupon exchange cases by cases.
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