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

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.
	        
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