COURTS OF APPEAL.

Auckland Star, Volume XLII, Issue 141, 15 June 1911, Page 5

COURTS OF APPEAL.

THE FINAL TRIBUNAL , i OVERSEAS REPRESENTATION. 3 _______ < SIR JOSEPH WARD'S MOTION. | (By Cable.—Press Association.—Copyright.) LONDON, June 14. ', The Imperial Conference further discussed tho New Zealand resolution regarding an Imperial Court of Appeal at its sittings yesterday afternoon. The motion read: "That it has now become evident, considering the growth of population, the diversity of laws enacted by, and the differing public policies affecting legal interpretation in His Majesty's Oversea Dominions, that no Imperial Court of Appeal can be satisfactory which does not include judicial representatives of these Oversea Dominions." Mr. Batchelor (Federal Minister for External Affairs) 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. Mr. Asquith declared that some thought that it was an advantage if one did not know whether a judgment was unanimous or the extent of the dissent. THE FINAL COURTS. Lord Loreburn (Lord Chancellor) explained the nature of the jurisdiction of the already existing Lords of Appeal and l Privy Council. Tbe personnel of both was practically identical. His own view was that if every court had only one judgment there, would be more coherence of Empire. If it were so desired England ! could arrange that all cases of a particular Dominion could be beard consecu- | tively in order that a judge of that Dominion might be present. . The Government was not prepared to recommend any change in the personnel of the Lords of Appeal. It was already possible to add any distinguished judge from the Dominions. The old 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 to sit successively in the House of Lords for tho Onited Kingdom and Privy Council for the Dominions. They would thus have the same court in full strength for both classes.of appeals. NATIVE CUSTOMS. Sir Joseph Ward said that it would hardly be practicable for a New Zealand judge to visit England to deal only with New Zealand cases. In cases, however, that had reference to native lands, it would be of great importance to have a judge present who was conversant with native customs. Lord Haldane instanced a Maori case lasting for ten days, when it would have been nsefnl to hare had a judge present.

Lord Lore-burn, replying to a question by Sir Joseph Ward as to whether there would be any objection to merging the Lords of Appeal and the Privy Council, said that the system he suggested might develop into one Court. He did not think the people at Home had any quarrel against the existing Court. Mr. Malan (South Africa) and Mr. Brodeur (Canada) expressed themselves satisfied with the existing system of appeals. JUDGES FOR DOMINIONS. Sir Joseph Ward said that he had not the slightest idea of reflecting on the Privy CormciL New Zealand was in a peculiar position, with its native land legislation. In view of Lord Loreburn's statement, he would not urge the merging of the two Courts, but suggested the addition of a permanent judge from each of the important Dominions. The diffimulty in the way was that a judge coming specially to England to adjudicate in appeals might deal with a case which he had already dealt with in New Zealand. If permanent judges were appointed for five or seven years, it would overcome that difficulty, and assist in securing uniformity and tbe co-ordination of the Empire's laws. New Zealand would hail with satisfaction judges of other Dominions dealing with New Zealand cases. Dr. Findlay (New Zealand) declared that the presence of, a resident colonial judge woald obviate the expense of sending counsel to instruct the Privy Council in peculiar features of New Zealand law. SATISFIED DELEGATES. Mr. Asquith asked whether the other Dominions approved of Sir Joseph Ward's suggestion. Mr. Fisher declared that he was not prepared at present to accept. Other delegates said that they were satisfied with the present system. Mr. Asquith said that personally he preferred the suggestion that had been made to hear case 3 from the Dominions at a stated time, enabling a judge, or judges, to attend. The motion was withdrawn, and one substituted recommending the embodying of the Government's proposals in a communication to be sent to the Dominions at th&«ailiest date, and this was carried.