1374 THE JUDICIARY [PART VI
Any other Privy Councillors may also be summoned by the
Crown! An Act of 1871 empowered the Crown to appoint
four paid members, who had either been Judges of a Superior
Court at Westminster or Chief Justices of the High Courts
in India.? An Act of 18952 makes provision for the repre-
sentation of judges from the Dominions on the Privy Council.
As amended in this respect by an Act of 1908,* provision is
made that if a person who is or has been Chief Justice or
Judge of the Supreme Court of the Dominion of Canada,
or of a Superior Court in any of the Provinces of Canada, or
in New South Wales, Victoria, Queensland, South Australia,
Western Australia, Tasmania, New Zealand, the Cape of Good
Hope, Natal, the Transvaal, the Orange River Colony,’ or
Newfoundland, is a member of the Privy Council, he shall
be a member of the Judicial Committee of the Privy Council,
but not more than five such members may exist at any
one time. By the Act of 19084 provision is also made for
a judge or ex-judge of a Court in the Dominion from which
an appeal is being heard or of a Court to which appeal
lies from that Court, sitting as an assessor to the Judicial
Committee, but he acts merely as an assessor in such cases.
Under the Act of 1895 Sir Henry Strong, then Chief
Justice of Canada, Sir Henry de Villiers, Chief Justice of
the Cape of Good Hope, and Sir Samuel Way, Chief Justice
of South Australia, were sworn members of the Privy Council
on the occasion of Queen Victoria’s diamond jubilee in 1897,
and became automatically under the Act members of the
Judicial Committee. Sir Samuel Way has not been in
England since that date, and Sir Henry Strong died in 1909,
but Sir H. de Villiers attended in 1897, 1900, 1901, 1905, and
1908.6 The number of five was made up by Sir Henri
Taschereau (Chief Justice of Canada from 1902 to 1906) and
3&4 Will. IV. c. 41, 5. 5.
? 34 & 35 Vict. c. 91. This power was exercised, but is not a continuing
power. See 50 & 51 Vict. ¢, 70. Under 8 Edw. VIL ec. 51, s. 2, two
Indian judges may sit.
* 58 & 59 Viet. c. 44. * 8 Edw. VIL c. 51, 8. L.
¢ Presumably now the provisions will apply to the Union of South Africa.
% The Government of the Cape paid his expenses.