922
THE NEW ZEALAND GAZETTE.
[No. 26

as from the date of such certificate, to stand dismissed
without express Order of His Majesty in Council, and the
costs of the Appeal and the security entered into by the
Appellant shall be dealt with in such manner as the Court
may think fit to direct.

21. Where an Appellant, having obtained final leave to
    appeal, fails to show due diligence in taking all necessary
    steps for the purpose of procuring the despatch of the
    Record to England, the Respondent may, after giving the
    Appellant due notice of his intended application, apply
    to the Court for a certificate that the Appeal has not been
    effectually prosecuted by the Appellant, and if the Court
    sees fit to grant such a certificate, the Appeal shall be
    deemed, as from the date of such certificate, to stand
    dismissed for non-prosecution without express Order of
    His Majesty in Council, and the costs of the Appeal and
    the security entered into by the Appellant shall be dealt
    with in such manner as the Court may think fit to direct.

22. Where at any time between the order granting final
    leave to appeal and the despatch of the Record to Eng-
    land the Record becomes defective by reason of the death,
    or change of status, of a party to the Appeal, the Court
    may, notwithstanding the order granting final leave to
    appeal, on an application in that behalf made by any
    person interested, grant a certificate showing who, in the
    opinion of the Court, is the proper person to be substituted
    or entered on the Record in place of, or in addition to, the
    party who has died or undergone a change of status, and
    the name of such person shall thereupon be deemed to be
    so substituted or entered on the Record as aforesaid with-
    out express Order of His Majesty in Council.

23. Where the Record subsequently to its despatch to
    England becomes defective by reason of the death, or
    change of status, of a party to the Appeal, the Court shall,
    upon an application in that behalf made by any person in-
    terested, cause a certificate to be transmitted to the Regis-
    strar of the Privy Council showing who, in the opinion of
    the Court, is the proper person to be substituted, or
    entered, on the Record, in place of, or in addition to, the
    party who has died or undergone a change of status.

24. The Case of each party to the Appeal may be printed
    either in New Zealand or in England, and shall in either
    event be printed in accordance with the Rules set forth
    in the Schedule hereto, every tenth line thereof being num-
    bered in the margin, and shall be signed by at least one of
    the Counsel who attends at the hearing of the Appeal, or
    by the party himself if he conducts his Appeal in person.

25. The Case shall consist of paragraphs numbered con-
    secutively, and shall state, as concisely as possible, the
    circumstances out of which the Appeal arises, the con-
    tentions 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 dis-
    allow the costs occasioned thereby.

26. Where the Judicial Committee directs a party to
    bear the costs of an Appeal incurred in New Zealand such
    costs shall be taxed by the Registrar or other proper officer
    of the Court in accordance with the Rules or practice for
    the time being regulating taxation in the Court.

27. Any Order which His Majesty in Council may think
    fit to make on an Appeal from a Judgment of the Court
    of Appeal or Supreme Court shall be executed by all
    Courts in like manner as any original Judgment of the
    Court appealed from should or might have been executed.

28. Nothing in these Rules contained shall be deemed
    to interfere with the right of His Majesty, upon the
    humble Petition of any person aggrieved by any Judg-
    ment of the Court, to admit his Appeal therefrom upon
    such conditions as His Majesty in Council shall think fit
    to impose.

ALMERIC FITZROY.

SCHEDULE.

I. Records and Cases in Appeals to His Majesty in
Council shall be printed in the form known as Demy
Quarto (i.e., 54 ems in length and 42 in width).

II. The size of the paper used shall be such that the
sheet, when folded and trimmed, will be 11 inches in
height and 8½ inches in width.

III. The type to be used in the text shall be Pica type,
but Long Primer shall be used in printing accounts,
tabular matter, and notes.

IV. The number of lines in each page of Pica type shall
be 47 or thereabouts, and every tenth line shall be num-
bered in the margin.

STATUTORY RULES AND ORDERS, 1908.
No. 1288.
JUDICIAL COMMITTEE.—JURISDICTION AND PROCEDURE :
GENERAL RULES AS TO APPEALS.

The Judicial Committee Rules, 1908.

At the Court at Buckingham Palace, the 21st day of
December, 1908.

Present :

THE KING’S MOST EXCELLENT MAJESTY.
ARCHBISHOP OF CANTERBURY, LORD CHAMBERLAIN, LORD
PRESIDENT, LORD FITZMAURICE.

WHEREAS there was this day read at the Board a repre-
sentation from the Judicial Committee of the Privy
Council in the words following, viz. :—

“The Lords of the Judicial Committee having taken
into consideration the Practice and Procedure in
accordance with which the general Appellate Juris-
diction of Your Majesty in Council is now exercised
and being of opinion that the Rules regulating the
said Practice and Procedure ought to be consoli-
dated and amended Their Lordships do hereby
agree humbly to recommend to Your Majesty that
with a view to such consolidation and amendment
certain Orders of Her late Majesty Queen Victoria
in Council regulating the said Practice and Proce-
dure, viz. the Orders in Council dated respectively
the 11th day of August 1842 the 13th day of June
1853 the 31st day of March 1855 the 24th day of
March 1871 and the 26th day of June 1873 and also
the Order of Your Majesty in Council dated the
20th day of March 1905 amending the said Practice
and Procedure ought to be revoked and that the
several Rules hereunto annexed ought to be substi-
tuted therefor.”

His Majesty having taken the said representation into
consideration was pleased by and with the advice of His
Privy Council to approve thereof and to order as it is
hereby ordered that the said Orders in Council in the
said representation mentioned be and the same are hereby
revoked and that the Rules hereunto annexed be substi-
tuted therefor.

A. W. FITZROY.

Interpretation.

1. (1.) In these Rules, unless the context otherwise
   requires,—

“Appeal” means an Appeal to His Majesty in
Council;

“Judgment” includes decree, order, sentence, or de-
cision of any Court, Judge, or Judicial Officer;

“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;

“Abroad” means the country or place where the
Court appealed from is situate;

“Agent” means a person qualified by virtue of Her
late Majesty’s Order in Council of the 6th March,
1896, to conduct proceedings before His Majesty in
Council on behalf of another;

“Party” and all words descriptive of parties to pro-
ceedings before His Majesty in Council (such
as “Petitioner,” “Appellant,” “Respondent”)
mean, in respect of all acts proper to be done
by an Agent, the Agent of the party in question
where such party is represented by an Agent;

“Month” means calendar month;

Words in the singular shall include the plural, and
words in the plural shall include the singular.

(2.) Where by these Rules any step is required to be
taken in England in connection with proceedings before
His Majesty in Council, whether in the way of lodging a
Petition or other document, entering an Appearance, lodg-
ing security, or otherwise, such step shall be taken in the
Registry of the Privy Council, Downing Street, London.

Leave to appeal.

Leave to appeal generally.

2. All Appeals shall be brought either in pursuance of
   leave obtained from the Court appealed from, or, in the
   absence of such leave, in pursuance of special leave to
   appeal granted by His Majesty in Council upon a Petition
   in that behalf presented by the intending Appellant.