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PRIVY COUNCIL APPEALS.

A MANUAL

SHOWING THE

PRACTICE AND PROCEDURE

IN

COLONIAL AND INDIAN APPEALS

BEFORE THE LORDS OF THE

JUDICIAL COMMITTEE

OF HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL.

By THOMAS PRESTON, F.S.A.,
Record Clerk in the Judicial Department of the Privy Council.

With Notes and Modern Precedents and Forms.

Published by Permission of the Lord President.

EYRE &

LONDON:

SPOTTIS WOODE,

EAST HARDING STREET, E.C.

1900.

PREFACE.

THIS little Manual is intended to take the place of Mr. R. T. Lattey's "Handy Book on the Practice and Procedure of the Privy Council," which for 40 years has been a great help to Privy Council Practitioners. It is now, however, somewhat out of date, and it is, moreover, out of print and will not be reprinted.

An experience of nearly a quarter of a century as clerk in the Judicial Department has enabled me to discover the principal points in the practice of the Judicial Committee concerning which solicitors conducting appeals have required information.

I have begun by taking a straightforward appeal, and have indicated every step from the entering an appearance down to the issue of the Queen's Final Order, and have printed all the necessary forms of procedure and precedents of bills of costs.

I have then taken an appeal in which there are complications, and have, as far as my experience suggests, anticipated most of the difficulties likely to arise in the prosecution of such appeals, and have shown what must be done by the parties on both sides.

Most of the precedents and forms explain themselves, but copious notes will be found throughout

the manual which may assist the practitioner when in doubt.

With regard to some of the Notes I would observe that though the matters they deal with may appear trivial, they answer questions which have often been put by even the most experienced practitioners.

The publication of the Manual has been delayed a long time in the hope that the numerous Statutes. relating to the Judicial Committee would be consolidated, and the rules of procedure modernised and re-issued in one Order in Council, but this unfortunately still remains to be done.

The necessary permission to publish the Manual has been given by His Grace the Lord President, of course without making my opinions in any way authoritative.

It only remains for me to express a hope that the book will be acceptable to Privy Council practitioners, and that it will be as favourably received as my previous legal manuals have been.

Judicial Department,

THOMAS PRESTON.

Council Office, Whitehall,

1st January 1900.

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