THE JUDICIARY [PART VI
(3) That with a view to the extension of uniform rights
of appeal to all Colonial subjects of His Majesty, the various
Orders in Council, Instructions to Governors, Charters of
Justice, Ordinances, and Proclamations upon the subject
of the appellate jurisdiction of the Sovereign should be
taken into consideration for the purpose of determining the
desirability of equalizing the conditions which give right of
appeal to His Majesty.
(4) That much uncertainty, expense, and delay would be
avoided if some portion of His Majesty's prerogative to
grant special leave to appeal in cases where there exists no
right of appeal were exercised under definite rules and
restrictions by the Colonial Courts.
In accordance with this resolution a revised draft of
rules regarding appeals was drawn up by the Judicial
Committee of the Privy Council, and was forwarded to the
Dominion Governments in dispatches of August 20, 1908,
for their consideration. The rules represented a codification
of the rules which then were in force, with simplifications
on all possible points. The most important alteration was
that it was suggested that every Supreme Court should be
entitled to grant leave to appeal at its discretion from any
judgement, whether final or interlocutory, if in the opinion
of the Court the question involved in the appeal was one
which, by reason of its grave general or public importance
or otherwise, ought to be submitted to His Majesty in Council
for decision. This power will rest with the Court entirely,
and will in all possessions except Canada and Australia
co-exist with the right of appeal which will, as formerly,
exist in the case of final judgements of the Court, where the
matter of dispute on appeal amounts to, or is of the value of,
a sum which varies in the several cases from £300 in Prince
Edward Island to £1,000 in Manitoba—£500 being the most
usual amount. This alteration will obviate the necessity
which formerly existed of obtaining special leave to appeal
from the Privy Council, involving as a rule a double resort
to the Privy Council with its attendant inevitable delay and
expense. The rule will also permit of the granting of leave
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