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25. A "similar course might be adopted with respect to demurrers, special cases, and special verdicts. 26. Moreover, the parties in actions for specific relief, when the proceedings were ripe for a final decree, might, in like manner, be allowed—by consent, and by leave of the Supreme Court— to go at once to the Court of Appeal. 27. We have taken into consideration the propriety of allowing cases such as we have just been speaking of, to be carried to the Court of Appeal, on the motion of one of the parties, with the approval of the Judge, and on terms as to security for costs ; but we are of opinion that, in all cases, either party, insisting upon it, ought to be entitled to have the decision of the Supreme Court at its ordinary sitting in the first instance. 28. Clauses to the following effect would carry out the recommendations of the last five paragraphs :—- -1. "Whenever a rule nisi shall have been granted by the Supreme Court—if it " shall be made to appear to the satisfaction of such Court, or of a Judge at Chambers, at " any time before the day mentioned in such rule as the day for shewing cause against it, " that the party who has obtained such rule and the party who is thereby called upon to " shew cause, have consented that cause shall be shewn in the Court of Appeal ; and if " the Supreme Court, or such Judge at Chambers shall be of opinion that the questions "or question to be raised on the shewing cause against such rule, are or is of sufficient " difficulty or importance, such last mentioned Court or Judge may, at its or his discretion, " order the proceedings to be removed, and the same shall then be removed into the " Court of Appeal, which Court shall thereupon have the same power and authority to " adjudicate upon such rule as the Supreme Court would have had but for such removal." 2. " Whenever issue shall have been joined on ademurrer, or a special case shall have " been stated, or a special verdict been found according to the practice of the Supreme Court; " if it shall be made to appear to the satisfaction of such Court or a Judge at Chambers, " at any time before the hearing of such demurrer, special case, or special verdict, that all " the parties thereto have consented that the same shall be heard in the Court of Appeal, " and if the Supreme Court or such Judge at Chambers shall be of opinion that the " questions or question to be raised on such hearing are or is of sufficient difficulty or " importance, such last mentioned Court or Judge may, at its or his discretion, order the " proceedings to be removed, and the proceedings shall then be removed into the Court of " Appeal; which Court shall thereupon have tho same power and authority to adjudicate "on such demurrer, special case, or special verdict, as the Supreme Court would have " had but for such removal." 3. " Whenever, in any action in the Supremo Court for specific relief, the cause is " ready for a final hearing, or either party has given notice of his intention to move such " Court for a decree, which, according to the practice of such Court, would be a final " decree ; if it shall be made to appear to the satisfaction of the Court or a Judge at " Chambers, at any time before such hearing or motion, that all the parties to the action "have consented, by themselves or their Solicitors, that the same shall be heard in the " Court of Appeal, and if the Supreme Court or such Judge at Chambers shall be of " opinion that the questions or question to be raised on such hearing or motion are or is " of sufficient difficulty or importance, such last mentioned Court or Judge may, at its or " his discretion, order the proceedings to be removed, and the same shall then be removed "to the Court of Appeal, which Court shall thereupon have the same power and " authority to adjudicate on such case or motion, as the Supreme Court would have had, " but for such removal." 4. "On the removal of any case from the Supreme Court to the Court of Appeal " under Section [ ] of this Act, the decision of the Court of Appeal shall " be final as regards the tribunals of the Colony ; and the same judgment shall be entered " up in the Supremo Court, and the same execution and other consequences and procoed- " ings shall follow thereon as if the decision had been given in the Supreme Court." 5. "As soon as the Supreme Court or a Judge at Chambers shall have made an " order for the removal of any case under Section [ ] to the Court of Appeal, " the Registrar of the Supreme Court for the Judicial District in which such order was " made, shall forthwith transmit to the Registrar of the Court of Appeal, the pleadings, " cases, rules, and affidavits, and all other documents and proceedings in the action or " motion ; and after the decision of the said Court of Appeal thereon, the Registrar of " such Court of Appeal shall remit the same along with a note of the decision of such " Court thereon, certified by the presiding Judge, to such Registrar of the Supreme " Court as aforesaid." 28«. We have suggested above that concurrent jurisdiction should be given to the Appeal Court in all matters in which the Court of Queen's Bench has exclusive jurisdiction in England, and a clause might be inserted to this effect.

Demurrers, &c.

Decrees in actions for specific relief.

Whether one party should be entitled to carry case at once to the Court of Appeal.

Proposed clauses on the foregoing heads. When cause may be shewn against a rule in the Court of Appeal, in the first instance.

Eor removing demurrers, special cases, and special verdicts from Supreme Court into Appeal Court.

For removing final hearing on motion for final decree, in actions for specific relief into the Court of Appeal.

Effect of decision of Court of Appeal in such cases.

Transmission of pleadings, documents, &c. from Supreme Court to Appeal Court, and remission by Court of Appeal,

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A COUETOF APPEAL FOR THE COLONY.