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Judicial Committee

court, council and appeals

JUDICIAL COMMITTEE. A high tribunal, com posed of certain members of the Privy Council, created by the Aet of 3 and 4 Rif. IV., ch. 41, in 1833. It was given jurisdiction of all appeals to his Majesty in council. which at that time included appeals from the High Court of Ad miralty in both instance and prize cases, and all appeals from the courts of the colonies. The act also provided that the King might refer any other matters to the committee which he might see fit, and, under this clause, many im portant questions both legal and political in their nature have been decided by this com mittee. Members of the Council who are or have been justices of the superior courts of Great Britain and Ireland. comprising the Su preme Court of Judicature in England. the Su perior Courts of Law and Equity at Dublin, and the Court of Session in Scotland, were included in the committee. The judges of the self-go•ern ing colonies, if members of the Council, are ex offieio meinhers of the committee. The Chief 'Justices of Canada, Cape Colony, and Smith Australia are now members. When it is con

sidered that appeals from the highest courts of the colonies may involve important constitu tional questions as to the powers and limitations of their legislative bodies. matters which to an important extent determine the very nature of the Empire itself, the dignity and importance of this Judicial Committee will be appreciated.

The committee has also jurisdiction over cer taro cases arising under the Clergy Discipline acts and petitions for the extensions of the terms of letters patent. By the Judicature Acts (q.v.) all jurisdiction of appeals from the _High Court of Admiralty and in lunacy proceedings was transferred and vested in the Court of Ap peal.

The forms of a secret council or committee have always been observed by the .Judicial Com mittee, and no publication is made of the views or vote of any member. The judgments or decisions of the committee are transmitted to the sovereign in the form of a report, which embodies the views of the majority only.