Full text: Responsible government in the Dominions (Vol. 3)

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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