council was created in 1833. In
1851, and again in 1870, it was reorganized, and by acts of 1876, 1887
and 1898 it received its present form. The committee consists of the
president of the council, and of the following persons, if privy
councillors--the lord chancellor and ex-chancellors of Great Britain and
of Ireland, the four lords of appeal in ordinary, the lords justices of
appeal in England or retired lords justices of appeal in England, and
persons who hold or have held the office (a) of judge of the High Court
of Justice or the court of appeal in England or Ireland, or of the court
of session in Scotland; (b) any person who is or has been chief justice
or a judge of the Supreme Court of Canada or of a superior court of any
province of Canada, of any of the Australian states (except Fiji and
Papua), or of New Zealand or the Cape of Good Hope or Natal. The number
of persons of this class who may be members at once is limited to five
(1895, c. 44); (c) provision is also made for the payment of two privy
councillors who have been judges in India who attend the privy council.
Numerous as are the members of the committee, the quorum is three. One
or more of the lords of appeal in ordinary usually attend at every
hearing, but the composition of the committee is very fluctuating.
Appeals from the British dominions abroad lie in criminal as well as
civil matters. The right of appeal is regulated as to most possessions
by order in council, and in some cases is limited by imperial or
colonial statute. Appeals are on fact as well as on law, but the
committee rarely if ever disturbs the concurrent judgments on facts of
two colonial courts. In the case of admiralty appeals from colonial or
consular courts, naval assessors may be called in. The committee also
hears (with the aid of ecclesiastical assessors) appeals from
ecclesiastical courts. The judgment of the committee is in the form of a
report and advice to the king, which is read by one of the members
sitting, and no indication is given as to whether the members present
are unanimous. Effect is given to the advice by orders in council
dismissing or allowing the appeal, and giving direction as to the
payment of costs and as to the further proceedings to be taken in the
colonial courts.
The procedure of the committee is on the same lines as that on appeals
to the House of Lords; no well-arranged code of practice existed however
up to the end of 1908, and new rules were
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