1926

H.B.M. SUBJECTS IN CHINA AND COREA
333
ftime is prescribed, within fifteen days after the same is made or given,
apply by motion to the Supreme Court for leave to appeal to His Majesty
the King in Council.
(2) The applicant shall give security to the satisfaction of the Court
s |to an amount not exceeding =£500 for prosecution of the appeal, and for
aisuch costs in the event of the dismissal of the appeal for want of pro-
Isecution as the Supreme Court may award, and for payment of all such
icosts as may be awarded to any respondent by His Majesty in Council,
or by the Lords of the Judicial Committee of His Majesty’s Privy
Council.
(3) He shall also pay into the Supreme Court a sum estimated by
that Court to be the amount of the expense of the making up and trans¬
mission to England of the transcript of the record.
(4) If security and payment are so given and made within two
months from the filing of the motion-paper for leave to appeal, then, and
not otherwise, the Supreme Court shall give leave to appeal, and the
appellant shall be at liberty to prefer and prosecute his appeal to His
Majesty in Council according to the rules for the time being in force
respecting appeals to His Majesty in Council from his Colonies, or such
other rules as His Majesty in Council from time to time thinks
fit to make concerning appeals from the Supreme Court.
(5) In any case the Supreme Court, if it considers it just or expedient
to do so, may give leave to appeal on the terms and in the manner
aforesaid.
116. —(1) Where leave to appeal to His Majesty in Council is
applied for by a person ordered to pay money or do any other act, the
Supreme Court shall direct either that the order appealed from be carried
into execution, or that the execution thereof be suspended pending the
appeal, as the Court thinks just.
(2) If the Court directs the order to be carried into execution, the
person in whose favour it is made shall, before the execution of it, give
security to the satisfaction of the Court for performance of such order
as His Majesty in Council may think fit to make.
(3) If the Court directs the execution of the order to be suspended
the party against whom it is given shall, before an order for suspension
is made, give security to the satisfaction of the Court for performance of
such order as His Majesty in Council may think fit to make.
117. This Order shall not affect the right of His Majesty in Council
at any time, on the humble petition of a person aggrieved by a decision
of the Supreme Court, to admit his appeal thereon on such terms and in
such manner as His Majesty in Council may think fit, and to deal with
the decision appealed from in such manner as may be j ust.
Execution
pending
Appeal by
special leave.
V.—Procedure, Criminal and Civil.
118. —(1) In every case, civil or criminal. Minutes of the proceedings Minutes of
shall be drawn up, and shall be signed by the Judge before whom the Prooeedmiis-
proceedings are taken, and shall, where the trial is held with assessors,
be open for their inspection and for their signature if concurred in by
them.
(2) These Minutes, with the depositions of witnesses, and the notes
of evidence taken at the hearing or trial by the J udge, shall be preserved
in the public office of the Court.
119. The Judge of the Supreme Court may make Rules of Court— Rules of
(a) For regulating the pleading practice and procedure in the Courts 0ourfc’
established under this Order with respect to all matters within
the jurisdiction of the respective Courts;