MAR. '24.] THE NEW ZEALAND GAZETTE. 921

"Record" means the aggregate of papers relating to

an Appeal (including the pleadings, proceedings,
evidence, and judgments) proper to be laid before
His Majesty in Council on the hearing of the
Appeal ;
"Registrar" means the Registrar or other proper
officer having the custody of the Records in the
Court appealed from;
"Month" means calendar month;
Words in the singular include the plural, and words
in the plural include the singular.
2. Subject to the provisions of these Rules, an Appeal
shall lie,--
(a.) As of right, from any final Judgment of the
Court of Appeal where the matter in dispute
on the Appeal amounts to or is of the value of
five hundred pounds sterling or upwards, or
where the Appeal involves, directly or in-
directly, some claim or question to or respecting
property or some civil right amounting to or of
the value of five hundred pounds sterling or
upwards; and
(b.) At the discretion of the Court of Appeal from
any other Judgment of that Court, whether final
or interlocutory, if in the opinion of that 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.
(c.) At the discretion of the Supreme Court from any
final Judgment of that Court if in the opinion
of that Court the question involved in the
Appeal is one which by reason of its great
general or public importance, or of the magni-
tude of the interests affected, or for any other
reason, ought to be submitted to His Majesty
in Council for decision.
3. Where in any action or other proceeding no final
Judgment can be duly given in consequence of a difference
of opinion between the Judges, the final Judgment may
be entered pro forma on the application of any party to
such action or other proceeding according to the opinion
of the Chief Justice, or, in his absence, of the senior puisne
Judge of the Court, but such Judgment shall only be
deemed final for purposes of an Appeal therefrom, and
not for any other purpose.
4. Applications to the Court for leave to appeal shall
be made by motion in Court at the time when Judgment
is given, or by notice of motion filed in the Court and
served on the opposite party in accordance with the rules
or practice of the Court within twenty-one days after the
date of the Judgment appealed from.
5. Leave to appeal under Rule 2 shall only be granted
by the Court in the first instance :—
(a.) Upon condition of the Appellant, within a period
to be fixed by the Court, but not exceeding three
months from the date of the 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 five
hundred pounds, 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 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 Appel-
lant 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.
6. 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 execu-
tion or that the execution thereof shall be suspended
pending the Appeal, as to the Court shall seem just.
And 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 satisfaction of the
Court, for the due performance of such Order as His
Majesty in Council shall think fit to make thereon.
7. The preparation of the Record shall be subject to
the supervision of the Court, and the parties may submit
any disputed question arising in connection therewith to
the decision of the Court, and the Court shall give such
directions thereon as the justice of the case may require.
E
8. The Registrar, as well as the parties and their legal
Agents, shall endeavour to exclude from the Record all
documents (more particularly such as are merely formal)
that are not relevant to the subject-matter of the Appeal,
and generally to reduce the bulk of the Record as far as
practicable, taking special care to avoid the duplication
of documents and the unnecessary repetition of headings
and other merely formal parts of documents; but the
documents omitted to be copied or printed shall be
enumerated in a list to be placed after the index or at the
end of the Record.
9. Where in the course of the preparation of a Record
one party objects to the inclusion of a document on the
ground that it is unnecessary or irrelevant, and the other
party nevertheless insists upon its being included, the
Record as finally printed (whether in New Zealand or in
England) shall, with a view to the subsequent adjustment
of the costs of and incidental to such document, indicate in
the index of papers, or otherwise, the fact that, and the
party by whom, the inclusion of the document was objected
to.
10. The Record shall be printed in accordance with the
Rules set forth in the Schedule hereto. It may be so
printed either in New Zealand or in England.
11. Where the Record is printed in New Zealand the
Registrar shall, at the expense of the Appellant, transmit
to the Registrar of the Privy Council forty copies of such
Record, one of which copies he shall certify to be correct
by signing his name on, or initialling, every eighth page
thereof, and by affixing thereto the seal of the Court.
12. Where the Record is to be printed in England, the
Registrar shall, at the expense of the Appellant, transmit
to the Registrar of the Privy Council, one certified copy
of such Record, together with an index of all the papers
and exhibits in the Case. No other certified copies of the
Record shall be transmitted to the Agents in England by
or on behalf of the parties to the Appeal.
13. Where part of the Record is printed in New Zealand
and part is to be printed in England, Rules 11 and 12
shall, as far as practicable, apply to such parts as are
printed in New Zealand and such as are to be printed in
England respectively.
14. The reasons given by the Judge, or any of the
Judges, for or against any Judgment pronounced in the
course of the proceedings out of which the Appeal arises
shall by such Judge or Judges be communicated in writing
to the Registrar, and shall by him be transmitted to the
Registrar of the Privy Council at the same time when the
Record is transmitted.
15. Where there are two or more applications for leave
to appeal arising out of the same matter, and the Court
is of opinion that it would be for the convenience of the
Lords of the Judicial Committee and all parties concerned
that the Appeals should be consolidated, the Court may
direct the Appeals to be consolidated and grant leave to
appeal by a single order.
16. An Appellant who has obtained an order granting
him conditional leave to appeal may at any time prior
to the making of an order granting him final leave to
appeal withdraw his Appeal on such terms as to costs and
otherwise as the Court may direct.
17. Where an Appellant, having obtained an order
granting him conditional leave to appeal, and having com-
plied with the conditions imposed on him by such order,
fails thereafter to apply with due diligence to the Court
for an order granting him final leave to appeal, the Court
may, on an application in that behalf made by the Re-

spondent, rescind the order granting conditional leave to
appeal, notwithstanding the Appellant's compliance with
the conditions imposed by such order, and may give such
directions as to the costs of the Appeal and the security
entered into by the Appellant as the Court shall think
fit, or make such further or other order in the premises
as in the opinion of the Court the justice of the case
requires.
18. On an application for final leave to appeal, the Court
may inquire whether notice, or sufficient notice, of the
application has been given by the Appellant to all parties
concerned, and, if not satisfied as to the notices given,
may defer the granting of the final leave to appeal, or
may give such other directions in the matter as in the
opinion of the Court the justice of the case requires.
19. An Appellant who has obtained final leave to appeal
shall prosecute his Appeal in accordance with the Rules
for the time being regulating the general practice and
procedure in Appeals to His Majesty in Council.
20. Where an Appellant, having obtained final leave to
appeal, desires, prior to the despatch of the Record to
England, to withdraw his Appeal, the Court may, upon
an application in that behalf made by the Appellant, grant
him a certificate to the effect that the Appeal has been
withdrawn, and the Appeal shall thereupon be deemed,