RULING
COUSSEY P.
This application for final leave to appeal to the Judicial Committee of Her Majesty's Privy Council is made after a lapse of more than six years from the date of the grant of conditional leave to appeal, namely, September 19, 1950. One of the conditions imposed by this court when granting leave to appeal was that the appellant should within three months give notice of appeal to the respondents. This condition is not provided for by section 6 of the Order in Council regulating appeals. The applicant says he duly perfected the other conditions of appeal, but the notice of appeal directed was not given, as it is not necessary nor provided for and as notice of the intended application for conditional leave to appeal had already been given to the respondents.
In his affidavit in support of this application, the applicant then says:
“Having perfected and completed what was required of me, I waited on counsel for the appeal to be completed and transmitted to the Privy Council. …