THE EMPIRE'S APPEAL COURT

Taranaki Daily News, Volume L, Issue 59, 1 May 1907, Page 3

THE EMPIRE'S APPEAL COURT

Cu.XSJDEHATIOX AT IMPERIAL CONFERENCE. SIR .10SEPII M AUDS SPEECH. Welliiigl on, April .10. The following further cable messages have been supplied to the Press Association by the Government.:— London, April 20. Sir Joseph Ward, speaking at the Imperial Conference on Friday, said J';:w Zealand was in favor of an ultimate

Court of Appeal in the United Kingdom, whether tiie Privy Council, as at present constituted, or an imperial Court of Appeal. Various suggestions had been made by the different colonies, but perhaps til? simpler course would be for '' Home authorities to prepare a draft or-der-in-council the existing one, with such alteration and simplification a-i might lie deemed reasonable, and

lonvard tiie draft to the respective (Jovenimeuts to confer tlii-reon, make a common report aS to alterations desired,

or amended. In this way. rules common to all appeal* and special rules dealing with appeals from specified colonies when special rules were could he provided. Sir .Joseph Wan! supported an Appe.il Court being established in South Al' i.M; and also favored shortening the delay of the present system. He also urged the necessity of providing for a Colonial Judge to sit on the Privy Council. One great defect of the Privy j Council as at present constituted, he I

said, was that, though in the case of a Xew Zealand appeal, they decided according to Xew Zealand law, yet they had before them only such a portion of

that law as was presented by counsel. Hence, when argument was over, their I Lordships may apply some rule of Jsnglish law which had been repealed in Xew Zealand, or omit to apply some rule of Xew Zealand law. This had actually occurred. The result was very unsatisfactory. To prevent a recurrence, he suggested tliat in the case of every ap-

peal by a colony, a Judge of the Supreme Court of that colony should sit with their Lordships, but without taking part in argument or decision, liis function being to supply full information regarding colonial jaw, and the points ol difference between it and English law. In most, if not all of the colonies, the number of Judges was sufficient to enable one to be on leave, and arrangements could, lie thought, be made for him to be in touch with England, and so be available. If a Colonial Judge could have a permanent position in such cases

to sit with equality on the bench, all the more desirable, but for a commencement his first suggestion could, lie thought, be given effect to. The Chancellor of the Exchequer, in the course of his speech, said the Privy Council would place the. best services possible when dealing with colonial appeals, and were anxious to do all in their power to promote the satisfactory working of Privy Council work. He pointed out that

whether settled by the House of Lords or the Privy Council was riot of material consequence, as the same men constituted bo'h. He favored an Appeal Court for South Africa, and said he would carefully consider the whole question of consolidating existing mips. lie was in favor of Sir Joseph Ward's suggestion regarding a Colonial Judge sitting with the Lords, taking part when Colonial appeals were dealt with. He said anything that could assist the Privy Council in improving the working of the Court would be hailed with satisfaction. No efforts were spared by the Judges now.

and he assured the Conference that tnt effort was made to prevent delay, and said the work was at present in a most forward condition.