COURTS OF APPEAL

Wairarapa Age, Volume XXXII, Issue 10263, 15 June 1911, Page 5

COURTS OF APPEAL

CABLE NEWS

United Press Association— By E&etric Telegraph—Copyright.

DISCUSSED AT IMPERIAL CONFER-

ENCE.

NO CHANGE PROPOSED

(Received Last Night, 9.30 o'clock.)

LONDON, June 14

The Imperial Conference further discussed the question of an Imperial Court of Appeal, Mr Batchelor, of Victoria, declared that unless there were serious practical obstacles in the way, two Courts of final appeal ought not to be continued. Both bodies were composed largely of the same judges. The Privy Council was the only Court in the Empire which did not give individual judgments. The Right Hon. H. H. Asouith, Prime Minister, declared that ume thought it an advantage if one did not know whether a judgment was unanimous, or the extent of the dissent, if any. Mr Batchelor replied that thij argument was sometimes used against it. The constitution of a final Court, ) wo°uld, in his opinion, be another step j towards Imperial unity. ' Lord Loreburn explained the nature of the jurisdiction already existing in the Lords of Appeal and Privy Council.. The personnel of both was practically identical. His own view was that if every Court had only one judgment it would be more coherent. The Empire ought to decide the kind of tribunal it desired. If so desired, England could arrange that all the oases of a particular Dominion be heard consecutively, in order that a of that Dominion might be present. The Government was not prepared to recommend a change in the personnel of the Lords of Appeal. It was already possible to add any distinguished Dominion's Judge to the Court.

Lord Loreburn added that his own idea was that they should add to the highest Court of Appeal two English Judges of the finest quality, fixing the quorum at five. That Court could sit successively in the House of Lords for the United Kingdom, and the Privy Council for the Dominions. They would thus have the; same Court in full strength for both classes of appeals. Sr Joseph Ward said it would hardly be practicable for a' New Zealand Judge to visit England and .deal only with New Zealand cases, some' of which would have reference to native lands. It was very important that they should have a judge present, conversant with Native customs. Lord Haldane instanced a Maori case lasting ten days, at which it would have been useful to have a Judge present. The Right Hon. H. H. Asqnith said if the Court sat in its full strength, they would meet occasionally the complaint that the Privy Council was a "scratch" Court, and too few in numbers.

Lord Loreburn,' in replying to Mr Wade's question as to whether there would be any objection to merging the Lords and Privy Council, said the system he suggested might deevelop into one Court. He did not think the people at Home had any quarrel against the existing Court. Mr Malan, of South Africa, and Mr Brodeur, of Canada, expressed themselves satisfied with the existing system of appeals. Sir Joseph Ward said he had not the slightest idea of reflecting on the Privy Council. New Zealand, he said, was in a peculiar position with the Native legislation. < In view of Lord Loreburn's statement, he would not urge the merging of the two Courts, but he suggested the addition of a permnaent judge from each of the important Dominions. The difficulty in the way was that a Judge coming specially might deal with a case which had already been dealt with in New Zealand. If permanent judges were appointed for five or seven years, this would overcome the difficulty and assist in the securing of uniformity and in the co-ordina-tion of the Empire laws. New Zealand would hail with satisfaction the Judges of other Dominions dealing with New Zealand cases.

Dr. Findlay declared that the presence of,a resident Colonial Judge Would obviate the expense in sending counsel to instruct the Privy Council in the peculiar features of New Zealand law. '

The Right Hon. Mr Asquith asked whether the other Dominions approved of Sir Joseph Ward's suggestion.

Mr A. Fisher declared that he was not prepared at present to accept the proposal. Other delegates said they were satisfied with the present system. Mr Asquith said he, preferred the suggestions to hear cases from the Dominions at a stated time, enabling a judge to attend.

Mr Fisher withdrew the motion, and substituted one recommending the embodying of the Government's proposals in a communication to be sent to the Dominions at the earliest date. • This resolution was carried.