1360 THE JUDICIARY [PART VI 
The regulations in question were normally laid down by 
Order in Council, but sometimes, as even now in the case 
of Ontario and Quebec, by local Acts, while in the case of 
New South Wales the rules were originally contained in 
the Charter of Justice of 1823, in the case of Tasmania 
in the Charter of Justice of 1831, and in the case of the 
Cape in the Charter of Justice of May 4, 1832. Similarly 
the provisions in Newfoundland rested on the Charter of 
Justice of 1825 and on the Judicature Act of 1904, In the 
Province of Prince Edward Island there were no rules at 
all in force, and all appeals had to be brought by special 
leave. There were many differences in the provisions of 
these rules, though on the whole they agreed in substance. 
They provided for appeals as of right in important cases— 
the sums involved being, as a rule, from £300 to £2,000— 
prescribed limits of time, payment of costs, &c. 
Appeals by special leave were required in all criminal cases 
and in those civil cases which did not fall within the rules laid 
down for appeals as of right. The principles which regulate 
the granting of leave to appeal in such cases are that some 
important question of law should be involved, or that 
some important right should be in question. Appeals as of 
special leave are never granted for points of form, and in 
the case of the more important Colonies appeals are not 
granted except when there is a strong case for assuming 
that further investigation is necessary. Even so appeals by 
special leave frequently result in the confirmation of the 
original judgement. 
In the case of the Dominion of Canada and the Common- 
wealth of Australia, appeals lie direct to the Privy Council 
from the states and provinces. Appeals also lie under the 
Dominion Supreme Court Act, and the Commonwealth Judi- 
ciary Act, from those Courts to the Supreme Court of Canada 
and the High Court of Australia. The defeated party in any 
suit has therefore the option of carrying his appeal to the 
Privy Council or to the Supreme Court or the High Court, 
and the Privy Council have naturally adopted the rule that 
they will not normally grant special leave to appeal—for no