1364 THE JUDICIARY [PART VI 
out express order of His Majesty in Council, thus obviating 
again the expense and the delay of procuring a formal Order 
in Council. 
Generally the rules are based on the assumption that 
the Court appealed from is the best qualified to deal with 
any questions that may arise in connexion with the appeal 
up to the dispatch of the record to England, and they seek 
accordingly to invest the Court with all necessary powers 
for that purpose, especially in the cases when some time 
elapses between the final order granting leave to appeal 
and the dispatch of the record, when, in some cases, it had 
been held the Court had no power to take any steps that may 
be necessary to meet altered circumstances. 
In sending the rules in draft to the Dominion Govern- 
ments it was pointed out that the rules, after adaptation to 
local circumstances, could either be enacted by the Dominion 
Parliaments, or might be issued in the form of an Order in 
Council. It was suggested that the latter form of procedure 
would probably be the more convenient, as permitting 
alterations to be made in the rules at the request of the 
Dominion Governments without the delay and trouble of 
procuring an amending Act of the local Parliament, but it 
was suggested that, whatever mode of procedure were 
adopted, a draft of the proposed legislation should be 
forwarded to the Judicial Committee of the Privy Council, 
for any observations they might desire to offer on the subject. 
The procedure by Order in Council was unanimously adopted. 
Orders in Council on the lines of the new rules have been 
issued in respect of the Dominion of New Zealand, New- 
foundland, the Provinces of Alberta, Saskatchewan, Nova 
Scotia, Prince Edward Island, Manitoba, British Columbia, 
and New Brunswick, in Canada, Queensland, South Australia, 
New South Wales. Tasmania, Victoria, and Western Australia. 
‘ See Parl. Pap., Cd. 5273, p. 26. 
! There exists in that case a direct appeal by leave of the Court or of the 
Privy Council from the Supreme Court also, as in some cases no appeal lies 
from the Supreme Court to the Court of Appeal. For the new Order, cf. 
Bowron Bros. v. Bishop and another, 29 N. Z. L. R. 821.