PRIVY COUNCIL. APPELLATE JURISDICTION ACT, 1908, 8 Edw. 7 c. 51 (Imperial) 1. Power to direct colonial judge to act as assessor of the

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1 PRIVY COUNCIL PRELIMINARY NOTE The Judicial Committee 117 Right of appeal from the Supreme Court 117 Appeals from the High Court to the Privy Council 118 Practice upon appeals from Supreme Court 118 Privy Council decisions as judicial authorities 118 APPELLATE JURISDICTION ACT, 1887, 50 & 51 Vic. c. 70, ss. 3,5 (Imperial) 3. Amendment of 3 & 4 Will. 4, c Amcndment of 39 & 40 Vic. c. 59, s APPELLATE JURISDICTION ACT, 1908, 8 Edw. 7 c. 51 (Imperial) 1. Power to direct colonial judge to act as assessor of the Judicial Committee on hearing of appeals from the colony [Not reprinted] 3. Extension of 58 & 59 Vic. c Resignation of members of the Judicial Committee Power to make continuing order instead of annual order directing appeals to be referred to Judicial Committee [Repealed] 7. Short title and construction 123 SCHEDULE 123 COURT OF CHANCERY ACT, 1851, 14 & 15 Vic. c. 83, s. 16!I.. (Imperial) 16. Quorum of Judicial Committee 125 JUDICIAL COMMITTEE ACT, 1833, 3 & 4 Wm. 4 c. 41 (Imperial) 1. Certain members of privy council to form a committee to be styled "The Judicial Committee of the Privy Council" [Repealed] 3. Appeals to King in council from sentence of any judge, etc., shall be referred to the committee, to report thereon His Majesty may refer any other matters to the committee No report to be made unless with concurrence of majority present. Other members of council may be summoned to attend If his Majesty directs the attendance of any member who is a judge, the other judges of the court to which he belongs shall arrange with regard to the business of the court Committee may take evidence viva voce, or upon written depositions Committee may order any particular witnesses to be examined, and as to any particular facts, and may remit causes for re-hearing Witnesses to be examined on oath, and to be liable to punishment for perjury Committee may direct feigned issues Committee may, in certain cases, direct depositions to be read, etc., at the trial of the issue Committee may make orders as to the admission of witnesses Committee may direct new trials of issues Powers of 13 Geo. 3, c. 63, and 1 Will. 4, c. 22, shall extend to the Judicial Committee

2 112 PRIVY COUNCIL Vol. 14 Judicial Committee Act, 1833-continued 15. Costs to be in the discretion of the committee Decrees to be enrolled Committee may refer matters to registrar in the same manner as matters are by the Court of Chancery referred to a master His Majesty may appoint registrar Attendance of witnesses, and (production of papers, etc., may be compelled by subpoena Time of appealing Decrees on appeals from courts abroad to be carried into effect as the King in council shall direct [Repealed] 23., 24. [Not reprinted] [Repealed] 28. Power of enforcing decrees [Repealed] 30. [Repealed] 31. Saving as to treaties with foreign Icountries appointing certain persons to hear prize appeals 133 JUDICIAL COMMITTEE~ACT, 1843, 6 & 7 Vic. c. 38 (Imperial) 1. [Repealed) 2. Powers of the,judicial committee iand their surrogates in respect to interlocutory orders, etc., in appeals from ecclesiastical and admiraltytcourts Who to be surrogates and examiners of the judicial committee in ecclesiastical and admiralty appeals [Repealed) 5. Manner of conducting appeals before the judicial committee [Repealed] 7. Punishing contempts, compelling appearances, enforcing judgments, etc., in such appeals [Repealed) 9. Inhibitions, etc., to be in Her Majesty's name and under seal Monitions for transmission of sums into the registry of the Admiralty Court All appeals from ecclesiastical courts may be referred to the judicial committee by a general order in council, and may proceed as if referred by a special order in each case Costs may be~awarded taxed by the judicial committee, and [Repealed] 14. Custody of records, etc., of the Court of Delegates and Appeals Judicial committee empowered to make rules, etc., respecting practice appeals, etc. and mode of proceeding in [Repealed] 17. Definition of terms 137 JUDICIAL COMMITTEE ACT, 1844,7 & 8 Vic. c. 69 (Imperial) 1. Appeals from any court in any colony although such court shall not be a court of appeal [Repealed] 8. Judicial Committee may appoint Clerk of Privy Council to take Proofs in Matters referred to them 139

3 PRIVY COUNCIL 113 Judicial Committee Act, 1844-continued 9. Judicial Committee may hear Appeals without special Order of Reference, if a general order of reference of such appeals for the next 12 months shall have been issued in November Judicial Committee may require copies of evidence and reasons for judgments given in colonial courts Judicial Committee may make Rules to be binding upon such Courts, requiring Judges Notes of Evidence, reasons for judgments, etc In Cases of Neglect to comply with Order of Council, in ecclesiastical or maritime causes, Persons so neglecting may be punished as for Contempt by sequestration [Repealed] JUDICIAL COMMITTEE ACT, 1881, 44 & 45 Vic. c. 3 (Imperial) 1. Lords Justices of Appeal to be members of Judicial Committee Short title 141 JUDICIAL COMMITTEE AMENDMENT ACT, 1895,58 & 59 Vic. c. 44 (Imperial) 1. Provision as to persons being or having been colonial Chief Justices or judges Short title 142 SCHEDULE.' 142 JUDICIAL COMMITTEE ACT, 1915,5 & 6 Geo. 5 c. 92 (Imperial) 1. Power of Judicial Committee of the Privy Council to sit in more than one division at the same time Short title 143 PRIVY COUNCIL REGISTRAR ACT, 1853, 16 & 17 Vic. c. 85 (Imperial) 1. Registrar, etc., may examine witnesses upon oath, etc President of the Council may appoint person to act for registrar in his absence Saving of existing powers 144 JUDICIAL COMMITTEE RULES, 1957 Order in Council 1 February, SCHEDULE. ARRANGEMENT OF RULES Interpretation., 148 LEAVE TO ApPEAL 2. Leave to appeal generally 149 SPECIAL LEAVE TO ApPEAL 3. Form of petition for special leave to appeal Six copies of petition to be lodged together with affidavits in support Time for lodging petition Security for costs and transmission of record General provisions Petitions for special leave to appeal in forma pauperis Exemption of pauper appellant from lodging security and paying otlice fees Exemption of unsuccessful petitioner for leave to appeal in forma pauperis from payment of otlice fees 150 RECORD AND ApPEARANCE BY ApPELLANT 11. Record to be transmitted without delay Printing or duplicating of record 151

4 114 PRIVY COUNCIL Vol. 14 Judicial Committee Rules, 1957-continued 13. Number of copies to be transmitted, where record printed abroad One certified copy to be transmitted, where record to be printed in England Record printed partly abroad Reasons for judgments to be included Exclusion of unnecessary documents from record Documents objected to to be indicated Registration and numbering of records Inspection of record by parties Appearance by appellant Times within which a copy of a written record shall be bespoken Preparation of copy of record for printing or duplication Lodging copy of record for printing or duplicating Special Case Examination of proof of record and striking off copies Number of copies of record for parties How costs of printing or duplicating record are to be borne 154 PETITION OF ApPEAL 29. Times within which petition shall be lodged Form of petition Service of petition 154 WITHDRAWAL OF ApPEAL 32. Withdrawal of appeal before petition of appeal has been ~d~d 1~ 33. Withdrawal of appeal after petition of appeal has been ~d~d I~ NON-PROSECUTION OF ApPEAL 34. Dismissal of appeal where appellant takes no steps in prosecution thereof Dismissal of appeal for non-prosecution after appellant's appearance and before lodgment of petition of appeal Dismissal of appeal for non-prosecution after lodgment of petition of appeal Restoring an appeal dismissed for non-prosecution 156 ApPEARANCE BY RESPONDENT 38. Time within which respondent may appear Notice of appearance by respondent Form of appearance where all the respondents do not appear Separate appearances Non-appearing respondent not entitled to receive notices or lodge case Procedure on non-appearance of respondent Respondent defending appeal in forma pauperis 157 PETITIONS GENERALLY 45. Mode of addressing petitions Orders on petitions which need not be drawn up Form of petition and number of copies to be lodged Caveat Service of petition Verifying petition by affidavit Petition for order of revivor or substitution Petition disclosing no reasonable cause of appeal or containing scandalous matter to be refused 159

5 PRIVY COUNCIL 115 Judicial Committee Rules, 1957-continued 53. Setting down petition Times within which set-down petitions shall be heard Notice to parties of day fixed for hearing petition Procedure where petition is consented to or is formal Withdrawal of petition Procedure where hearing of petition unduly delayed Only one counsel heard on a side in petitions 160 CASE 60. Lodging of case Printing or duplicating of case Number of copies to be lodged Form of case Separate cases by two or more respondents Notice of lodgment of case Case notice Setting down appeal and exchanging cases 161 BINDING RECORDS, ETC. 68. Mode of binding records, etc., for use of Judicial Committee Time within which bound copies shall be lodged HEARING 70. Notice of day on or before which appeals must be set down for ensuing sittings Notice to parties of day fixed for hearing appeal Only two counsel heard on a side in appeals Nautical assessors 162 JUDGMENT 74. Notice to parties of day fixed for delivery of Judgment COSTS 75. Taxation of costs What costs taxed in England Order to tax Power of Taxing Officer where taxation delayed through the fault of the party whose costs are to be taxed Appeal from decision of Taxing Officer Amount of taxed costs to be inserted in Her Majesty's Order in Council Taxation on the pauper scale Security to be dealt with as Her Majesty's Order in Council determining appeal directs 163 MISCELLANEOUS 83. Power of Judicial Committee to excuse from compliance with Rules Amendment of documents Affidavits may be sworn before the Registrar of the Privy Council Change of agent Scope of application of Rules Mode of citation 164 SCHEDULE A. RULES AS TO PRINTING AND DUPLICATING 164 Part I 165 Part II 165

6 116 PRIVY COUNCIL Vol. 14 SCHEDULE B I. Fees allowed in appeals or other matters before the Judicial Committee of the Privy Council A. Appellant's costs of petition for special leave to appeal 166 B. Respondent's costs of opposing petition for special leave to appeal 167 C. Appellant's costs of appeal 168 D. Respondent's costs of appeal II. Council office fees JUDICIAL COMMITTEE (FEES) RULES 1963 Order in Council 27 February RULES REGULATING APPEALS FROM QUEENSLAND Imperial Order in Council 18 October, RELATED LEGISLATION: Appeals in admiralty matters-see Colonial Courts of Admiralty Act, 1890 (Imperial), ss. 6, 9 (3), title ADMIRALTY, Vol. 1, pp. 125, 127. Appeals in prize cases-see Naval Prize Act, 1864 (Imperial), ss. 5, 6; Prize Court Rules, 1914, Order 44, title ADMIRALTY, Vol. 1, pp. 140, 189. High Court, appeals to and from-see title HIGH COURT, Vol. 7, p.l. Inter se questions-see Commonwealth Constitution, s. 74, title COMMONWEALTH AND STATES, Vol. 4, p. 219; Judiciary Act (Commonwealth), s. 38A, title HIGH COURT, Vol. 7, p