Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

snap. 111] THE UNION OF SOUTH AFRICA 984 and the ordinary judges of appeal may make rules for the regulation of the proceedings in the appellate division, and these rules on approval by the Governor-General in Council will be binding. Similarly the Chief Justice and other judges of the Supreme Court can make rules of procedure for the provincial and local divisions which will be subject to the approval of the Governor-General in Council. Until such rules are made, the existing rules will apply to each provincial or local division, while the procedure of the appellate division will be that of the Supreme Court of the Cape. As a result of the unification of the Courts of the Colonies, in future any provincial or local division in which an action is begun shall be entitled to order its transfer to another division if that be deemed more convenient. Again, the judgements of each provincial division can be registered in any other division and enforced by execution if necessary. The judgements of the appellate division shall be recognized throughout the Union and enforced in each province as if they were judgements of the provincial division. The laws regulating the admission of advocates and attor- neys to practise in the present Courts will apply to the admission of advocates and attorneys to practise before the provincial divisions of the Supreme Court, and the members of the provincial legal profession who have the right to practise before the divisional Courts shall be able to appear before the appellate division. There is, however, no attempt to assimilate generally the legal profession in the provinces.! The moment the Union was established, all suits, criminal or civil, pending in the various superior Courts, were ipso facto transferred to the corresponding division of the Supreme Court of South Africa. Presumably the appeal from tke judgement in the case in question would be regulated by the provisions of the Act, though the section is not quite explicit, and the effect of the Act is to alter a right possessed at the moment when the suit was initiated, possibly a right on the strength of which the suit was begun ; but in any case the Act explicitly does not affect pending appeals to the King in L Cf. The Government of South Africa, i. 66.

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