CHAPTER III 
JUDICIAL APPEALS 
31. THE PREROGATIVE IN THE DOMINIONS 
THE prerogative of the Crown to hear appeals from the 
Courts of the Dominions is undoubted? and in that sense 
is definitely recognized by the Commonwealth Constitution, 
8. 74 of which expressly contemplates the right of the Crown 
bo grant by the prerogative special leave of appeal, and it is 
also contemplated in the South Africa Act, 1909, s. 106.2 It 
rests, however, also on a statutory basis, for, by the Judicial 
Committee Act, 18443 a right is given to admit appeals 
from any Court in the Dominions whatever, whether or not 
the Court is a Court of Error. This Act was passed, as the 
preamble states, because doubt had been raised as to whether 
an appeal could be brought from any Court but a Court of 
Appeal in certain cases in which it had been laid down that 
appeals should only lie from the Court of Errors.# The Act 
In question, though mainly passed for the purpose of permit- 
ting appeals from every and any Court, has had incidentally 
the effect of providing by statute for the right to admit 
appeals from every Court in the Dominions. 
The result of this statute has been to prevent the right 
* Cf, Falkland Islands Co. v. The Queen, 1 Moo. P. C, (N. 8.) 299; Reg. 
v. Bertrand, 1 P. C. 520 ; in re Lord Bishop of Natal, 3 Moo. P. C. (N. 8.) 115, 
at p. 166; in re Wi Matua’s Will, [1008] A. C. 448 ; Cushing v. Dupuy, 
5 App. Cas. 409; Canadian Pacific Railway Co. v. Toronto Corporation and 
rand Trunk Railway of Canada, [1911] A. C. 461. 
® Soalsoin Canada by the Act of 1875 (38 Vict. c. 11, s. 47), to constitute 
the Supreme Court. Cf. Johnston v. Ministers dso, of St. Andrew's Church. 
Montreal, 3 App. Cas. 159. 
' 7& 8 Vict. c. 69,5. 1. As regards Admiralty appeals, see chap. ii. 
* In re Assignees of Manning, 3 Moo. P. C. 154; in re Cambridge, 
3 Moo. P. C. 175: Safford and Wheeler, Privy Council Practice, p. 713. 
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