1382 THE JUDICTARY [PART VI
a judge familiar with the English law as applied to Canada, a
judge familiar with the same law as applied to Australia,
a judge familiar with the same law as applied in New Zealand,
and perhaps a judge familiar with French law. It would
probably be impossible to assume that a judge familiar with
English law would be satisfactory for Canada, Australia,
and New Zealand, for the systems of law developed in these
three countries, while resting on the basis of English law,
have developed many important local peculiarities.
In any case the actual selection of a judge would no doubt
have to rest with the Colonies, and, if the number were
limited, with the self-governing Dominions in rotation. The
Imperial control would be exercised through the fact that the
choice of the Colonies would be restricted to Privy Councillors
and the grant of the dignity of a Privy Councillor lies with
the Imperial Government.
In any case it would appear to be desirable to modify the
Act of 1895 as amended in 1908, so as to provide that every
person who falls within the qualifications of these Acts
should be automatically a member of the Judicial Committee,
thus removing the restriction at present of the number to
five. There seems no sound reason for restricting the
number, and it seems unlikely that any possible disadvantage
could result, as no Colonial Chief Justice is created a Privy
Councillor unless he is of substantial merit and standing.
§ 4. Cases OF SPECIAL REFERENCE
In addition to cases which are brought to the Judicial
Committee on appeal, it is provided by s. 4 of the Act 3 & 4
Will. IV. c. 41, that His Majesty may refer to the Judicial
Committee any such matters whatsoever other than appeals
as His Majesty shall think fit, and the Committee shall there-
upon hear or consider the same, and shall advise His Majesty
thereon, as in the case of regular appeals. Such references
have in the main been in the case of suspension of judges by
the Governor in Council or in cases of request for removal
by the Legislature. This was the case, for example, when
the representatives of the Island of Grenada petitioned for