THE AUSTRALASIAN COURT OF APPEAL.

Globe, Volume XXIII, Issue 2173, 11 February 1881, Page 3

THE AUSTRALASIAN COURT OF APPEAL.

The following is a digest of the Bill i agreed to by the Intercolonial Conference for 1 the establishment of an Australasian Court of Appeal A Court of Appeal, to be called the Ausixalasian Court of Appeal, shall be constituted in and for New South Wales, Victoria, South Australia, Queensland, Western Australia, New Zealand, and Tasmania, which shall have and exercise appellate civil jurisdiction within and throughout each and all of the said colonies. The Governor of every colony shall by commission, under tho great seal of the colony under his Government, appoint for any term not exceeding one year the Chief Justice or any puisne Judge of each such colony to be one of the Judges of the Court of Appeal constituted by this Act. Tho senior Chief Justice, or in tho event of no Chief Justice of any colony being present at any sitting of the Court, the senior puisne Judge then present shall be the president. The Court may lawfully bo hold by and before any three or more Judges, and shall be held to bo lawfully constituted for all purposes, notwithstanding any vacancy in the office of any Judge thereof, provided that three members of the Court at least shall have been appointed and have taken the judicial oath hereinafter prescribed. Tho appointment of the chief or Puisne Judge of any colony to bo a Judge of tho Court of Appeal shall not vacate or otherwise affect the Commission under which such Judge holds his commission in [and for such colony, but any Judge of the said Court of Appeal may resign bis commission as a Judge of such Court by writing addressed to the Governor of the colony by whom he was appointed. Every Judge shall hold his office as Judge of the Court of Appeal for the term of his commission on tho same tenure and conditions as ho;holds his office of chief or Puisne Judge. The Court of Appeal shall sit at such times and places as may be prescribed. The determination of the place and time for holding any sitting of the Court shall so far as possible be governed by the preponderance of the appeals set down for hearing before the Court as between any one colony and ony other, as well as by tho condition of the appellate business of the Court. In appointing tho sitting of such Court provision shall be mode as far

ns practicable for hoo'iog appeals at least once a year in the colony in which the judgment appealed from shall have been given. The r first, sitting of the Court shall be hold within f twelve months after the passing of this Act • at. Sydney, in the colony of Now South Wales. , 1 Any person may appeal to the Court oi ' Appeal from any final judgment of the > Supremo Court of any colony, subject to the i rules, regulations and limitations which this Aofc directs. Provided that nothing in this Act shall abridge or affect the right of any person to appeal to her Majesty-in-Council, pursuant to the provisions of the several Imperial statutes regulating appeals to be heard by the judicial committee of her Majesty’s Privy Council and her Majesty’s Orders-in-Oouncil made Provided further, that if any person entitled to appeal to tho Court of Appeal constituted by this Act shall desire so to appeal, ho shall give the prescribed notice of such his intention to the other party, and thereupon it shall bo lawful for such other party to apply to the Court from whoso judgment it is intended to appeal for an order directing that such appeal shall bo preferred to her Maj‘.«'y-in-Council, pursuant to the said firstly-mentioned statutes and Orders in-Oounoil, and the said Court so appealed from may, in its discretion, grant or refuse such order upon such terms as to costs and otherwise as the said Court shall think just. In any case leave to appeal may be asked in respect of any sum or matter at issue above the amount or value of £SOO sterling, or in cose such judgment shall involve directly or ' indirectly any claim, demand, or question to ■ or respecting property or any civil right amounting to or of the value of £SOO sterling.

Tho Supreme Court may suspend the execution of judgment pending the appeal, and may require security to be given. The judg ments of the Court of Appeal are to be eze* cuted by the Supremo Court, and the judgment shall in all cases be final and conclusive, and no appeal shall be brought from any judgment of such Court, saving any right which her Majesty may bo graciously pleased to exercise by virtue of her Boyal Prerogative. All fees received by the officers of the Court of Appeal shall bo appropriated towards defraying tho expense and cost of maintaining such Court, and, if such foes are not sufficient to defray all such expense, the cost will be distributed pro rata, according to population, amongst the various colonies.