Festschrift zur Feier des 250jährigen Bestehens der Freien Baugewerks-Innung Bauhütte zu Stade

Responsible government in the Dominions (Vol. 3)

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Monograph

Identifikator:: 897040368

URN:: urn:nbn:de:zbw-retromon-15215

Document type:: Monograph

Title:: Festschrift zur Feier des 250jährigen Bestehens der Freien Baugewerks-Innung Bauhütte zu Stade

Place of publication:: Stade

Publisher:: Selbstverlag der Freien Baugewerks-Innung

Year of publication:: 1913

Scope:: 1 Online-Ressource (110 Seiten, 24Blatt)

Digitisation:: 2017

Collection:: Economics Books

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CHAP. ITI] JUDICIAL APPEALS 1361 appeal lies as of right from the Supreme Court of Canada, although legally such appeal could be allowed under the Act of 1844 1 —permitting a defeated party who has chosen bo go to the Supreme Court first to appeal to the Privy Council. On the other hand, a party who has been taken bo the Supreme Court and defeated there will more readily be allowed an appeal to the Privy Council. But in the case of the Commonwealth and Canada alike it has been laid down by the Privy Council that appeals will only be allowed where the case is of gravity, involving matters of public interest or some important question of law as affecting property of sonsiderable amount, or where the case is otherwise of some public importance or of a very substantial character.? Nor will the Privy Council allow appeals where the judgement appears to be plainly right, or at least not to be attended with serious doubt, or for an abstract question? As a result of the Colonial Conference * of 1907 important simplifications have been made in the procedure of the Courts. The fifth resolution arrived at by the Colonial Conference on the subject of judicial appeals was to the effect— (1) That it is expedient that the practice and procedure of the Judicial Committee of the Privy Council should be definitely laid down in the form of a code of rules and regulations. (2) That in the codification of the rules regard should be had to the necessity for the removal of anachronisms and anomalies, the possibility of the curtailment of expense, and the desirability of the establishment of courses of procedure which would minimize delavs. * Not 80 in Australia or the Union, where the exclusion of other appeals "ests on an Imperial Act, whereas in Canada it rests only on a Dominion Act. * Ct. Daily Telegraph Newspaper v. McLaughlin, [1904] A. C. 777. Cf Prince v. Gagnon, 8 App. Cas. 103; Carter v. Molson, ibid., 530; Clergue v. Murray, ex parte Clergue, [1903], A. C. 521; Canadian Pacific Railway Co. v. Blair, [1904] A. C. 453: Victorian Railway Commissioners v. Brown, [1906] A. C. 381. * Rex v. Louw, [1904] A. C. 412. * Parl. Pap., Cd. 3523, pp. 200 seq. The views of the Dominions are riven in Cd. 3521, pp. 179 seq. The subsequent correspondence is in Cd. 5273, pp. 26-41. The practice is given in Safford and Wheeler.

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