1912_RULES_FOR_APPEALS_TO_THE_PRIVY_COUNCIL — Page 4

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discre- tionary.

Time for application.

Conditions for appeal: security.

preparation of record.

Court may allow judg- ment to be executed.

Security.

Questions as

to prepara- tion of record,

PRIVY COUNCIL APPEALS.

(b) at the discretion of the Court, from any other judgment of the Court, whether final or interlocutory, if, in the opinion of the Court, the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to His Majesty in Council for decision.

3. Applications to the Court for leave to appeal shall be made by motion or petition within 14 days from the date of the judgment to be appealed from, and the applicant shall give the opposite party 7 days notice of his intended application and such notice may be given at any time during the said period of 14 days.

4. Leave to appeal under Rule 2 shall only be granted by the Court in the first instance :-

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(a) upon condition of the appellant, within a period to be fixed by the Court, but not exceeding 3 months from the date of hearing of the application for leave to appeal, entering into good and sufficient security, to the satisfaction of the Court, in a sum not exceeding $5,000, for the due prosecution of the appeal, and the payment of all such costs as may become payable to the respondent in the event of the appellant's not obtaining an order granting him final leave to appeal, or of the appeal being dismissed for non-prosecution, or of His Majesty in Council ordering the appellant to pay the respondent's costs of the appeal (as the case may be); and

(b) upon such other conditions (if any) as to the time or times within which the appellant shall take the necessary steps for the purpose of procuring the preparation of the record and the despatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.

5. Where the judgment appealed from requires the appellant to pay money or perform a duty, the Court shall have power, when granting leave to appeal, either to direct that the said judgment shall be carried into execution or that the execution thereof shall be suspended pending the appeal, as to the Court shall seem just.

In case the Court shall direct the said judgment to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into good and sufficient security, to the satisfac- tion of the Court, for the due performance of such order as His Majesty in Council shall think fit to make thereon, and in case the Court shall direct that the execution of the said judgment shall be suspended pending the appeal the appellant shall enter into security to the satisfac- tion of the Court to the saine and like effect as aforesaid.

6. The preparation of the record shall be subject to the supervision of the Court, and the parties may submit any disputed question arising