The Execution of Colonial Judgments

Feilding Star, Volume VI, Issue 93, 20 January 1885, Page 3

The Execution of Colonial Judgments

The exeCutidn' of colonial judgments in England,, and of English judgments in the coloiiies, <i* : a- .uhject 1 which is receiving" some : _ttteAtidn 'both ii England and the colonies at the present time.' ;: Now when colonial judgments come before English courts they are treated as foreign judgments; the same principles are applied to them, and consequently the same difficulties arise in rjqspept of them. . -By a recent status the J|ai_iaiiient of New Zealand has determined : that judgments of any courts in any-of Her Majesty's dominions may.-, be registered in; f the courts of the coiony, - and execution issued 'upon them. ' "'The' univeite__ acceptance by- Great Britain and her colonies of this principle 'ivduld beof immense advantage 1» the commercial community, as the, jrecent, i qilure of thp Oriental Bank very clearly illustrates. It has been suggested than an Imperial Act should he./ passed extending, the •benefits of registration in England to colonial judgments, in the hope that the colonies at once, adopt the princhple, and pase^similar enactments. The Economist remarks :— " It is too late for the mothe-r country to take the land. New Zealand has usurped her proper place, but' hV is not too late — now is r indeed,: _he ; piwper'tiine-— to follow the example already set, md take a much-needed step towards the ultimate consolidation of all the courts acknbwledgingth. abpellate supremacy of the Privy Council and the House of I-ord-p*— -_n£-osifew ; Zealander. ; Z ,.