5

Appellant when successful, may recover costs of appeal.

I. That, any former usage or practice of
Her Majesty's Privy Council notwithstanding,
an Appellant who shall succeed in obtaining
a reversal or material alteration of any
judgment, decree, or order appealed from,
shall be entitled to recover the costs of the
Appeal from the Respondent, except in cases
in which the Lords of the Judicial Com-
mittee may think fit otherwise to direct.

Transcripts to be sent to Registrar of Privy Council.

II. That the Registrar or other proper
officer having the custody of records in any
Court or special jurisdiction from which an
Appeal is brought to Her Majesty in Council
be directed to send by post, with all possible
despatch, one certified copy of the transcript
record in each cause to the Registrar of Her
Majesty's Privy Council, Whitehall; and
that all such transcripts be registered in the
Privy Council Office, with the date of their
arrival, the names of the parties, and the date
of the sentence appealed from; and that
such transcript be accompanied by a correct
and complete index of all the papers, docu-
ments, and exhibits in the cause: and that
the Registrar of the Court appealed from, or
other proper officer of such court, be directed
to omit from such transcript all merely
formal documents, provided such omission be
stated and certified in the said index of
papers; and that especial care be taken not
to allow any document to be set forth more
than once in such transcript; and that no
other certified copies of the record be trans-
mitted to agents in England by or on behalf
of the parties in the suit; and that the fees
and expenses incurred and paid for the pre-
paration of such transcript be stated and cer-
tified upon it by the Registrar or other offi-
cer preparing the same.

Transcripts may be printed abroad.

III. That when the record of proceedings
or evidence in the cause appealed has been
printed or partly printed abroad, the Regis-
trar or other proper officer of the Court from
which the Appeal is brought shall be bound
to send home the same in a printed form,
either wholly or so far as the same may have
been printed, and that he do certify the same
to be correct, on two copies, by signing his
name on every printed sheet, and by affixing
the seal, if any, of the Court appealed from,
to these copies, with the sanction of the
Court.

And that in all cases in which the parties
in Appeals shall think fit to have the proceed-
ings printed abroad, they shall be at liberty
to do so, provided they cause fifty copies of
the same to be printed in folio, and transmit-
ted, 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.

Written transcripts to be printed by Her Majesty's Printer.

IV. That on the arrival of a written
transcript of appeal at the Privy Council
Office, Whitehall, the Appellant or the agent
of the Appellant prosecuting the same shall
be at liberty 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, and likewise the cost of printing such
copies of the same be struck off, whereof
thirty copies are to be delivered to the agents
on each side, and forty kept for the use of
the Judicial Committee; and that no other
or solicitors' copies of the transcript, or
drawing the joint appendix, be henceforth
allowed, the solicitors on both sides being
entitled 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 may be necessary for the preparation of the
petition of appeal, at the stationer's charge
not exceeding one shilling per brief sheet.

Transcripts to be printed within a certain time.

V. That a certain time be fixed within
which it shall be the duty of the Appellant
or his agent to make such application for the
printing of the transcript, and that such time
be within the space of six calendar months
from the arrival of the transcript and the reg-
istration thereof in all matters brought by
appeal from Her Majesty's colonies and plan-
tations east of the Cape of Good Hope, or
from the territories of the East India Com-
pany, 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 pro-
secution 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 trans-
cript 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
case, if they shall so think fit; and that in