suap. 111] THE UNION OF SOUTH AFRICA 981 
appeal lies by special leave in every case save as regards 
criminal appeals, where the prerogative has been limited by 
a Canadian Act, though it is a good deal more than possible 
that that Act might be held to be inconsistent with the 
[Imperial Act 7 & 8 Vict. c. 69, s. 1,1 and therefore ultra vires 
the Canadian Parliament. In the case of the Commonwealth 
appeals lie by right and by special leave from all the State 
Supreme Courts and by special leave from inferior Courts ; 
from the Commonwealth High Courts appeals lie only by 
special leave, and in certain instances all appeals are pro- 
hibited save by the permission of the Court itself, viz. in 
cases involving the question of the rights inter se of the 
Commonwealth and the states or any two or more states. 
But even in cases of this sort an appeal could be brought 
by special leave from an inferior Court exercising federal 
jurisdiction except in the case of the Supreme Courts of the 
states, which are not allowed by the Commonwealth Act 
No. 8 of 1907 to deal with such cases at all. 
In the case of the Union the right to grant special leave 
to appeal from any Court whatever in South Africa is 
apparently intended to be abolished, save as regards the 
appellate division of the Supreme Court, though the case of 
the inferior Courts which are not divisions of the Supreme 
Court seems to be overlooked. This rule will clearly reduce 
to the minimum appeals from South Africa, as the only 
cases which can come to it are those which have run through 
the Appellate Court. This proposal has no doubt advan- 
tages, inasmuch as any case which came to the Privy Council 
will have been reconsidered by the most authoritative 
opinion of South Africa, and any possibility of error based 
' That section is devoted to allowing appeals whether of right or by 
special leave from any Court even if not a Court of Appeal, but it also 
gives the power in the case of Courts of Appeal. But it has not been 
acted on in criminal cases in Canada since the Act of 1888 (51 Viet. c. 43, 
s. 5, now Rev. Stat., 1906, c. 146, s. 1025) of Canada. So it has been held 
by the Supreme Court of Victoria that the attempted limitation of appeals 
as of right under s. 231 of Act No. 1142 is ultra vires as repugnant to the 
terms of the Order in Council of June 9, 1860, which fixes the amount at 
£500, whereas the Act says £1,000. See Staiutes, 1890, iv. 3232, n.