222 THE DOMINION JUDICATURE.
By the Canadian Insolvency Act! it was enacted, that the
court to which an appeal could be made under the Act
should be final, no saving clause being inserted regarding the
prerogative but on the ground that the rights of the Crown
could be taken away only by express words, and as there
were no words in the Act that could be held to derogate
from the prerogative of the Crown, the Judicial Committee
held that Her Majesty's right to allow appeals as of grace in
insolvency matters was not affected?
There is however no prerogative right in the Crown to
review the judgment of a Supreme Court in Canada, upon an
election petition. The subject-matter of the jurisdiction dele-
gated to courts in regard to elections to a Legislative Assembly
is of a special nature, and the transfer of such jurisdiction from
the Legislature itself to a court of law does not imply that
the final decision should belong to the Queen in Council®.
In advising Her Majesty whether to allow an appeal or
not, the Judicial Committee will have regard not merely to
the amount in dispute but to the importance of the questions
involved
l 38 Vic. ec. 16. 2 Cushing v. Dupuy, 5 App. Cas, 409.
* Théberge v. Landry, 2 App. Cas. 102.