"Lords of the Judicial Committee may think fit otherwise to direct."

The ancient practice was to give a certain sum (£20 or £100 according to the nature of the suit); the modern system under the statutes, and Orders in council, refers the taxation of costs, by interlocutory order, to the Registrar to be made according to a tariff. On the return of the allocation the amount of taxation is inserted in the report to Her Majesty, without any mention of the order of reference.

SECTION XVI :-Judgments to be enrolled.

It appears that the reports of the general Committee of the Privy Council, and the Orders in Council in judiciary matters were previously enrolled in the books of the Privy Council, in which all matters of political affairs, appointments, and, as a rule, all business transacted in council were entered. Those registers were of course private, and could not be inspected. It was a great evil, especially in case of re-hearing. This section established archives to enroll orders and judgments of the Judicial Committee.

SECTION XVII:-Reference to the Registrar.

This section says that the Committee may refer matters to the Registrar in the same manner as they are referred to a master in the Court of Chancery.

It is necessary to know what matters can be referred to a master in Chancery, in order to understand this section. By referring to Chitty's General Practice vol. 2. p. 442, we find that the statute authorizes and requires Masters in Chancery to" hear and determine all applications for time to plead, answer, or demur, and for leave to amend bills, and for enlarging publications and all such other matters relating "to the conduct of suits in the said court, as the Lord Chancellor, with the advice and assistance of the master of the Rolls and the Vice-Chancellor, or one of them, shall by any general order or orders direct."

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But this section goes further and gives power to the Judicial Committee to refer cases to experts, commissairesenquêteurs and accountants. Even references to arbitrators have been granted, by consent of the parties, for the adjustment of disputed accounts, after the principal points in dispute had been determined by the Committee; and, in those cases, the award of the arbitrators has been adopted by the Committee in their report.

SECTION XVIII :-Registrar.

By section XVIII the king is authorized to appoint a Registrar to the Privy Council and define his duty.

SECTION XIX :-Subpæna

This section gives to the President of the Privy Council for the time being, the power to require and enforce the attendance of witnesses before the Committee and the production of papers under writ of subpæna. In case of disobedience, the person in fault is to be dealt with as being in contempt of court.

SECTION XX:-Time for appealing.

The time in which an appeal can be obtained from the judgments of a colonial court, as well as the appeal itself, is entirely left to be regulated by provincial statutes, instructions to Governors, orders of the Privy Council or Charters of the Court of Justice. When there is no special law, the established usage at the Privy Council is to take in consideration the application when it has been made within reasonable time. In case an appeal has already been granted in the court below, it must be proceeded with within a year and a day, or it may be dismissed with costs against appellant, on respondent's application. If no petition to dismiss is lodged, no notice is taken at the Committee's

See Juris

Office of the expiration of the year and a day. But all these matters are discretionary with the Committee. prudence Vo. Appeal and Summary of the Procedure.

SECTION XXI :-Execution of Decree.

This section directs that orders, judgments or decrees of the Committee for the Courts abroad shall be carried into effect as the king in Council shall direct.

In the Province of Quebec, article 1182 of the Code of Civil Procedure provides for the registration of the decree of the Privy Council.

SECTIONS XXII, XXIII, XXIV.

These three sections regulate the appeals of the East India Company from the Sudder Demanny Courts.

SECTIONS XXV, XXVI, XXVII: See our remarks under section VI.

These sections determine how the judges of other courts shall be replaced when they are called upon to sit in the Judicial Committee.

SECTION XXVIII:-Contempts.

This section has for its object the enforcing of Orders and Decrees, compelling appearances and punishing for contempts. It has been amended by the " Act to make further Regulations for facilitating the hearing of Appeals and other Matters by the Judicial Committee of the Privy Council," which repeals so much of the above section as relates to the powers given to the Judicial Committee to punish for contempt, the same as were given to any Ecclesiastical Court by "An Act for enforcing the Process upon Contempt in the Courts

1 6 and 7 Vict. ch. 38, sect VI, VII, VIII, IX, X.

1

Ecclesiastical of England and Ireland. The above statute (6) and 7 Vict.) provides for better punishing contempt, compelling appearances, and enforcing judgments, by giving to the Judicial Committee in all cases of Appeal from Ecclesiastical Courts and from Admiralty and Vice-Admiralty Courts the same powers which are possessed by the High Court of Admiralty of England. Of course, this law became inoperative with regard to maritime cases, in England, since this jurisdiction was transferred to the Court of Appeal.

The 8th section of the last recited act enacts that orders of the Judicial Committee may be enforced against persons residing out of Her Majesty's dominions, or having the privilege of peerage, or being a Lord of Parliament, or a member of the House of Commons by way of sequestration of their real and personal estate.

SECTIONS XXIX, XXX, XXXI.

The last three sections settle some points of interior administration.

The 29th section enacts, that the Registrar of the High Court of Admiralty may attend at the hearing of Admiralty and Prize causes before the Judicial Committee. The transfer of those cases to the Court of Appeal renders this section inoperative.

The 30th section enacts, that two members of the Privy Council who shall have held the office of judges in the East Indies or any other dominions, who being appointed, shall attend the sitting of the Judicial Committee shall be entitled severally to an allowance of £400 yearly.

And by 50-51 Vict. ch. 70 sec. 4 (1887), if both are sitting, they are entitled to £800 yearly, if only one is sitting he shall be nevertheless entitled to the same amount.

The 31st and last section enacts that this Act shall not prevent the King from acceding to treaties with any foreign prince appointing certain persons to hear prize Appeals.

1 2 and 3 Will IV, ch. 93.

SUMMARY

OF THE

PROCEDURE BEFORE THE JUDICIAL COMMITTEE.

The procedure of the Judicial Committee of the Privy Council is derived from Orders in Council and precedents. It may be practically summed up in the few rules which are given below, and which, of course, only show how an appeal is introduced and brought to a hearing. Incidents, constructions of the law of procedure, Orders in Council and precedents will be found in our "Notes on the Constitution of the Judicial Committee" in the preceding pages, and below, in the "Jurisprudence of the Privy Council," under such words as Appeals, Costs, Evidence, Practice, etc.

1° SECURITY.

After leave to appeal has been granted, the appellant must give security, as decreed by the Order in Council of the 23rd January 1683. This is generally regulated by the law and practice of each colony. When the appeal is allowed under a special petition, the leave is generally granted subject to the ordinary conditions of appeals de plano; if otherwise, the Order in Council giving leave to appeal will contain the conditions to be fulfilled.

20 TRANSCRIPT.

Security having been given, the appellant must cause the transcript to be made and printed either in England or in the colony.

This document must contain the demand, the issue as