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

CHAP. III] JUDICIAL APPEALS 1373 
the value of $10,000 (in place of $4,000 as at present), and 
cases of special importance as affecting the liberty of the 
subject. Mr. Foy, however, in the course of discussion, ad- 
mitted that it was not possible legally to limit by provincial 
law appeals to the Supreme Court, and declared that a change 
of practice by the Privy Council rendered it unnecessary to 
limit appeals thither,and his Act passed without the proposed 
limitations. In any case the Act would have been invalid 
if the Judicial Committee had chosen to hear appeals by 
special leave, or to regulate by Order in Council under the 
Act of 1844! the right to appeal.? Ontario indeed has of 
late had no cause to complain of the Privy Council. 
§ 3. Tur CONSTITUTION OF THE JUDICIAL COMMITTEE 
The Judicial Committee of the Privy Council as now 
constituted 3 consists of the Lord President, the Lord High 
Chancellor, all Privy Councillors who hold or have held any 
of the offices of Lord of Appeal in Ordinary, Lord Chief 
Justice of England, Master of the Rolls, Lord Justice 
of the Court of Appeal, Judge of any of the late Courts of 
Queen’s Bench, Common Pleas, Exchequer, Probate, or 
Admiralty, or of Chief Judge in Bankruptcy, all past Presi- 
dents of the Council, and Lord Chancellors, together with 
any two others, being Privy Councillors, whom the Crown 
may think fit to appoint from time to time, a provision 
under which Lord Haldane of Cloan and that distinguished 
Indian lawyer Syed Ameer Ali, now sit, and such members 
of His Majesty’s Privy Council as for the time being hold or 
have held any of the offices described in the Appellate 
Jurisdiction Acts, 1876 and 1887, as High Judicial Offices. 
These Acts include any judge of the superior Courts in Great 
Britain and Ireland, and a Lord of Appeal in Ordinary. 
' 7 & 8 Vict. ¢. 69, s. 1. See Ontario Act 1909, c. 52. 
* See Conadion Annual Review, 1909, p- 368. and for a eulogy of the 
Privy Council, ibid., pp. 178, 179. 
* See 2 & 3 Will. IV. c. 92; 3&4 Will. IV. c. 41, £8. 1,30; 6 & 7 Vict, c. 38; 
14 & 15 Vict. c. 83,8.16; 20 & 21 Viet. c. 77,8. 115; 37 & 38 Vict. c. 35, 
sched. ; 39 & 40 Vict. c. 59. ss. 6 and 14: 44 & 45 Viet. ¢. 3; 50 & 51 
Viet. c. 70. 
19703
	        
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