1378 THE JUDICIARY [PART VI
assumption was needless, and he then withdrew his objection
to one Final Court of Appeal. General Botha devoted his
contribution to the discussion to the question of a Final
Court of Appeal in South Africa, and not to the constitution
of the Court of Appeal in this country. Sir Wilfrid Laurier
said that the Appeal to the Judicial Committee had as a
general rule given great satisfaction, but he desired that the
constitution should be remodelled, and he admitted that
there was a conflict of opinion in Canada as to the value of
an Imperial Court of Appeal at all. It is noteworthy that he
was inclined to suggest that appeals by special leave were
out of date and should be abolished. Sir Joseph Ward
stated that New Zealand was in favour of an ultimate Court
of Appeal—whether the Judicial Committee or an Imperial
Court substituted for it. He indicated, however, that
in his opinion the Judicial Committee was insufficiently
informed with regard to the law of New Zealand ; it was true
that counsel called attention to the New Zealand side of the
law, but when the argument was over the Committee might
apply some rule of English law which had been revoked in
New Zealand or omit to apply some rule of New Zealand law
which did not exist in England, and to which at the moment
their attention had not been specially called. He suggested
that in the case of every appeal from the Colony a Judge of
the Supreme Court should sit, not to take part in the argu-
ments or decision, but to supply full information as to the
Colonial law. The Lord Chancellor explained in reply the
existing constitution of the Judicial Committee as effected
by the Act of 1895. He explained the relations of the
House of Lords and the Judicial Committee, and he pointed
out that in the case of Webb v. Outtrim! the four judges who
sat were men of the greatest distinction, including Lord
Halsbury and Lord Macnaghten. He indicated that to
transfer the appeals to the Lords would be to deprive the
cases of the advantage of being heard by distinguished
Colonial judges who now sat on the Judicial Committee.
He also pointed out that if Australia or any other part of
111907] A. C. 81.