Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

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.

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