CHAP. 111] JUDICIAL APPEALS 1363 
to appeal by the Court in criminal cases,! involving points 
of law in which it is desired to obtain the decision of the 
Judicial Committee, whereas formerly it was very difficult 
to obtain a decision of the Judicial Committee on any 
criminal case, as the Judicial Committee are most unwilling 
to grant special leave to appeal in such cases, in which the 
delay of the execution of the sentence of the Court below is 
usually most undesirable. 
To save expense and delay it is also provided that a 
Colonial Court may permit an appellant, to whom final 
leave to appeal has been granted, to withdraw his appeal 
prior to the dispatch of the record to England, a power 
which formerly Colonial Courts do not appear to have had, 
and that if an appellant, having obtained final leave to appeal, 
fails to show due diligence in taking the necessary steps 
for the purpose of procuring the dispatch 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. 
Several of the Dominion or State Governments had pointed 
out that the matter dealt with by the latter rule was the 
cause of much of the delay in prosecuting appeals. Provision 
is also made that where, at any time between the order 
granting final leave to appeal and the dispatch of the record 
to England, 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 
bo appeal, on an application made by any person interested, 
grant a certificate showing who is the proper person to be 
substituted 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, with- 
* Cf. under the Transvaal Order in Council of 1909, Hong Kong and 
Leung Quin v. Attorney-General. 1191071 T. P. 432.