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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1374 THE JUDICIARY [PART VI Any other Privy Councillors may also be summoned by the Crown! An Act of 1871 empowered the Crown to appoint four paid members, who had either been Judges of a Superior Court at Westminster or Chief Justices of the High Courts in India.? An Act of 18952 makes provision for the repre- sentation of judges from the Dominions on the Privy Council. As amended in this respect by an Act of 1908,* provision is made that if a person who is or has been Chief Justice or Judge of the Supreme Court of the Dominion of Canada, or of a Superior Court in any of the Provinces of Canada, or in New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, New Zealand, the Cape of Good Hope, Natal, the Transvaal, the Orange River Colony,’ or Newfoundland, is a member of the Privy Council, he shall be a member of the Judicial Committee of the Privy Council, but not more than five such members may exist at any one time. By the Act of 19084 provision is also made for a judge or ex-judge of a Court in the Dominion from which an appeal is being heard or of a Court to which appeal lies from that Court, sitting as an assessor to the Judicial Committee, but he acts merely as an assessor in such cases. Under the Act of 1895 Sir Henry Strong, then Chief Justice of Canada, Sir Henry de Villiers, Chief Justice of the Cape of Good Hope, and Sir Samuel Way, Chief Justice of South Australia, were sworn members of the Privy Council on the occasion of Queen Victoria’s diamond jubilee in 1897, and became automatically under the Act members of the Judicial Committee. Sir Samuel Way has not been in England since that date, and Sir Henry Strong died in 1909, but Sir H. de Villiers attended in 1897, 1900, 1901, 1905, and 1908.6 The number of five was made up by Sir Henri Taschereau (Chief Justice of Canada from 1902 to 1906) and 3&4 Will. IV. c. 41, 5. 5. ? 34 & 35 Vict. c. 91. This power was exercised, but is not a continuing power. See 50 & 51 Vict. ¢, 70. Under 8 Edw. VIL ec. 51, s. 2, two Indian judges may sit. * 58 & 59 Viet. c. 44. * 8 Edw. VIL c. 51, 8. L. ¢ Presumably now the provisions will apply to the Union of South Africa. % The Government of the Cape paid his expenses.

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