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 'V-V_/-'>i .f'>j-.i,.v'-'Tfi 
 
 A*- 
 
 
 't 
 
 <^ 
 
 ADDRESS 
 
 OF 
 
 HON. WILLIAM RENWICKB 
 
 KKPHINIEDPKOMTHEKKPORT 
 
 IDDELL 
 
 INGS OF THE 
 OF THE 
 
 Missouri Bar Association 
 
 HELD AT 
 PEflTLE SPRINGS. MISSOUBI. 
 
 raiDAYANDSATlTBDAY. 
 SepOmb., 17 ,„d 18, 1009.' 
 
 •■•»l«,. Mo. 
 
'j^rtty,!. 
 
THE JUDICIAL COMMITTEE 0^ THE PEIW OOUNOa. 
 
 nV HON W.LLUM RENW.CK R,DDEL>., K.NaS BENCH, D,V H C 
 J. ONTARIO, CANADA 
 
 .0 b.'^nviM',''''' "r" "' "'" "'"""' >-'-"■ ' ""'I the honor 
 10 b< mMvil to a .l,m».r i ,,•„ h.v ,1,,. liar of AuKusta, (1,.,,- 
 
 o«.a„ Taft. With ,ha, hro.herly f.oli,,,- whi.h so char", 
 tenze, those m the law, the Bar had. upo„ hearing that there 
 
 7nuZ I *'' ?""'''' ■•'"•'"'"•'»"'' ""'"ngst them, mo,,t 
 
 courteously expressed a desire that I should join them, and 
 hey further flattered me by asking that I should ,peak ", 
 he few remarks whieh 1 addres.,,.! ,o that brilliant gather- 
 ng I o„k oecasion to say a few words about the Judieial 
 
 edZf :: ""^ 'T"'"' ^'"-^ ^""""'-^"i I an, in^^rm' 
 od that these were found very interesting by many of the 
 -wyers present. .Vy friend Dr. John Davison Lawson li, 
 told me that that subjeet would be as interesting to the law 
 yers of Jl.ssoun as u was to those of Georgia, and has chosen 
 It as th» upon which I am to addres.s you. In what I shall 
 say I make no pretence to originality-I take my information 
 from many sources with.uit a.-knowk^lging anv 
 ,. J.'"-''",'' ■' "° ""■''■ ''"'■'" "^ "• 'he very early history of 
 the Knigs Privy Council and as to the appellate jurisdiction 
 exercsed by .t. The ju,, diction is in theory that of the King 
 who .s the sole fountain of remedial justiee-he must cor- 
 rect and re<lress all defects, abuses, corruptions of all tri- 
 bunals-he is the Chief Magistrate of the Community 
 
 \ ery early indeed, the practice grew up that the King's 
 will and pleasure .should be manifested, testified, te.t«l_ 
 by a document; and indeed, a document, it is obvious, must 
 be necessary to eonv,.y the King's will to any place not iu 
 h,s .mmed.ate vicinity-"a verbal message eould not be au- 
 thenticated." The early monarchs were not very literate- 
 and they needs must employ someone who could read ani' 
 understand the "writ" whe,, written; and soon a seal to', 
 was used as a means of authenticating the document contain- 
 ing the Boyal command. And quite early an officer called 
 
 —s— 
 
4 Mitm&uri ^ar AHsoi-iati&n. 
 
 the Chanei'Iliir became the stodian of this seal; it was at 
 first in faet, aud tht-nee hitherto in theory the function of tlie 
 Chancellor to sec that the "writs" accurately set out the 
 intent, ami that the seal of the King was atta-'hed to the 
 "writs'* of the King. 
 
 Then, ttgain, it was, hefore really historic ti oes in Eng- 
 land, inipossilile for the Kinj; to exercise his jrimaiy and 
 first duty, that is, to judge; and it was necissary that he btj 
 assisted by a Council — and that duty exer-ise' by the King 
 in Oouneil — the earliest recorded form ','f exercise of such 
 iluty — is still exercised in form in the same way. But by the 
 theory of the Common Law, the King does not exercise ori- 
 ginal jurisdiction — he only sees to it that the Courts do jus- 
 tice It is then not properly speaking by way of appeal that 
 this jurisdiction is found historii ally to have been exercised 
 but by an interposition by the King to enforce a due adminiv 
 tration of justice by the local Courts and to prevent abuse. 
 Much of this power was later exercised by the Court of 
 King's Bench — and is now, by the 'ligh Court of Justice, its 
 successor, 
 
 \fter the Courts of King's Beneh, C'ommon Bench an^l 
 Exchequer had become diflferentiated and split clE from the 
 King's Council, and these had their respeci'v. jurisdictions 
 mapped out, there * II remained a considerable part of the 
 orig'Lial jurisdiction of His Majesty's Council not appropriat- 
 ed. There arose the Court of the Chancellor which adminis- 
 tered Equity, so ca!'"d. As is w?Il known, this Court be- 
 came ultimately as much bound by established principles and 
 decided cases as any Common Law Court. O^ce, however, 
 the regular Courts of f^aw became thoroughly established, 
 there arose a great jealousy of the jurisdiction of the Kins? 
 in Council — the Courts were coram populo and decided cases 
 upon e.-iablished principles, the Council was (ecret and was 
 a law unto itself. And still after as before vhe institution 
 of the Court of Chancery, the King's Council continued 
 from time to time to exercise "a kind of extraordinary and 
 corrective jurisdiction to prevent violence, corruption or in- 
 
Tu;iUy-SertHth Aii„„„l if.,t, 
 
 nnj. 
 
 s 
 
 and 
 
 'irifspirar/ 
 
 limi.'.tfnn, ai„l .•,,|„.,.i,.!ly ,.,„„l,i„„,i„ 
 to i.l..,tri..,t or pri'vinit the course of justiif. ■ 
 
 But still much j .ahuHy i.„„,i, j ,„ ,,^ n,„„if,„,j ,,,„„ 
 
 hod^„„.„y and „ece.,ary a, it iu manyVase' .,„:,:::;::,: 
 J »a,. At last ,t wa, th.ut'ht prnp.T to Kiw »tat.,torv a'. 
 
 Laru]/i ';. J'- ""^"r """ '''"' "" KiuR's Co„„cil sat 
 .„ L "'i'"^.S'«'- Chamber, and when the legislation eame 
 «o be passed, ,t mentioned specifieally "the Court of Star 
 Chamber.- This, as Ilallam lon, „,„ showed, w a k nd " 
 ( omm ttee. that ,s a Judicial Oommivt... „f the Kin^ s Pri v 
 Couno,!^ The Court of Star Chamber (as ha, bee' 
 shown by reeent investigation of i,s reeords stiFextann 
 « many eases ae.ed not as a statutory ho ly at a 
 but under the original Common Law jurisdiction of'the Privv 
 Coune.1; and mdeed did not eoneeive of itself as being ,f 
 
 edaftTm"""".- """"•"■ "■■' '''-^ f"™-' »'» -'ti ! 
 ued at times and .n eertain eases, e. g.. in caries of riot l„ J* 
 outsule of the .Star Chamber and as' the 7^^^^^ ^ 
 aeted before the Statute. Whether the "Court of Star 
 Chamber' was a Court appears within a few years after h. 
 
 mem „, n JT"" """'"'■''^ "f t'»ke is that the judg. 
 ment of these Judges was a "sudden opinion " 
 
 PrivvT' " ■T""' *" '•''"™''""' th't this jurisdietion of the 
 
 fl we^^r; T ""I '■""•""'"^ ■■ ""P™"- «" f«^ - 'hey w re 
 
 E™T or to heT T ?'"'' "' ''""■■ "•-"• •" '"e Co' rt .„ 
 firror, or to the Lo.ds-from the Admiralty to the King in 
 Chaneery, that is in praetiee to aCourt of Delgat and fro m 
 .he Eeele„as.,eal Court to the P„pe, that isin praeHee ' 
 ^..77,7'"""^' "■\''" ''"•''■ '"'" '"^ Reformation 'n 
 
 appeals from the ALbbishopVc:u:t^ih':rbeTr K" ^ 
 n Ch.neery. He appointed Delegates forming a High Court 
 «t Delegates to hear these appeals. As the Pri^ Cot^eil wi 
 
ncit a (Viiirt 1 it follitwil rhitt upon the abolition of thff 
 "Cinirt I'nmmonly cjiIIimI the Sfjirchamhfr" (hy 16 Ch., 1. 
 (*. 10) In l(4(t. 'hiTi- was rm Cmrl (pmperly Mi>-palled) of 
 the Kiiiff's Privy t'luincil. The satnf Act pnividfd also that 
 neitht-r the Kinir imr \\'\n Privy Coitiicil Khould linvp jiirisdii;- 
 tioti over the eslaU's i.f any ipf the suhji-i'tH itf the kincd-im, 
 but that alt ((ui'stlnns rcspfi-tinjr the same shrtuhl be trieil 
 and determined hy the ordinary eimrMe of law iu the ordi- 
 nary Courts of liflw (Seet. Ti). 
 
 In Nayiiijf that no Hppi'aN lay to th*- Kinjj in His I'rivy 
 f'ounfil, it must be bfirne in mind that rcfrrence ih ma<leon!y 
 to appeals from the C'ourtu of the Kingdom — the Krst duty 
 of the King beinff to see that justiee was administered to all 
 his subjects, and that duty beinjr exercised by him in Coun- 
 cil, it followed that in the case of all subjeetH not within th«.' 
 kin^fdom. there was the ri^ht of appeal to tbeKinjf infj)nncil,. 
 It aecordinffly was always the theory that subjects out of 
 the kin(?dnm niijjht brin(r an appeal— e. n. in the Ch:inTirl 
 Islands. Vntil (piite modern time, however, these islands 
 and all other foreign <icpendeneies were unimportant; hj 
 that we do not find until the 17th century, any appeals ro- 
 cordcd from without the kingdom. The Act of 1(;40 did n^^t 
 take away this appellate jurisdiction; and in 16fi7 a Com- 
 mittee of the Privy Couni'il was formed to hear appeals of 
 such provisions, and this Committee was formed by the 
 Council and not by Parliamint. After the Revoluti.n 
 of 1688. the appeals liegnn to increase, and l.i 
 1601 an order was made by the Council, "That 
 all appeals be heard as formerly by the Committee 
 who are to report the matters so heard by them and with 
 their opinion thereon to the King in Council." Karly in the 
 18th century, Colonial appeals betran to come in in some co.i- 
 siderable numbers, and these were heard by this Committe?. 
 V part of the Council, who after hcarinf? arRument reported 
 their d cision to the Council. All this appellate jurisdiction 
 was a matter of constitutional u.sage only and not derived 
 irom any Statute. 
 
 Appeals from India, however, were regulated by Stai- 
 
 .^^■eu. 
 
^'^'yS'^tK Annual Jl.,,,„g, 
 
 .j.r- 
 
 "If. ""'"•'""""">•<• «m...inte,l l,y i„. 
 
 In 18.12 v2&.fW,„ 4 ,, ,,,, ,, 
 flesiaslicol ni.ii „ ,,,i,:,.u \ "' """ «PpMl.s i , .. 
 
 ■■"•-eii..hc .,:;,;,,',.:;:':'."■ «'■'-■"-" h-' ■- 
 
 «lty, «-,.r,. tr„P,f,.rn.,l ,„ h ' """ "" "'''"""I" »' A.. 
 m >-.ar ,he .S,„„„,. ;, 4 ]";.'"; '" '■■"■"'■il- Tl,o f„l . .. 
 
 ••"•h n,>.,„i,..r.s ,.f ,h,. l-r vv r ' '•'"■"■■Wlor, and 
 
 «' the AJ„,iralty .%"] ,'^' ' '■.""•"•'ve Curl, J,.d,„ 
 Privy Coun.illor, „h„ ,han h- h M "»"'<"'?"•>•• «"d aU 
 
 .wo other Privy CouLrr.""" ""^"" "' ""^ ""■« ad i 
 
 By (he .same Statute of I8T1 
 appeals from the Admiralty V „ Ad ^ "'''""''■'' """ «" 
 •broad Which theretofore had lat , "'Z^' "■•"'""■• Court, 
 
 ^dn^ral.yi„E„„a„d,h uldbe ,h:K^ ''''" ^'""^ "' 
 By the Aet of ]S.i2 ro 4 1 iv ""' "^'"^ "•' < "Uneil. 
 
 P'a,.,whiehi„AdmirltyeteVha'",/' " "'^ '"^ 'P" 
 fthne„.8,«one,„,hoh^„„ :V^'' '''"'" "•" '"•'"■••^' the 
 "y the Court of Delegate, fv" '7^ """^ '" "'-•^ heard 
 
 Council. So by 18:.:rwe hive , "k-^'^'' '° ""■ •^-•' *" 
 ""th the statutoty m-w.-, of J •'""*' '" ^''"""" ^<«t«i 
 <l™iastical,pp,a^rd ••, ' ^'''';"*' '''^'"'""y ""'I Ee. 
 
 -hich did no?dep;„";':. ■ ' . : ;,; 7 '" ""^'^^ » p-'- 
 
 ""d'UK" of all Courts in th. n f ,'"'f"'"™lt the pro- 
 in the four.,oa, MuZ T"^ ""minion., not with- 
 
 ■•n C„„„H,-.ere t'!;"h^ 7^^ n'h'e 7!^^"' '" "" '^"' 
 who were to report to Hi, \r,7„ . ■ ^ '"^"■'*' Committee 
 '- "..Fudge, f'ron, Ind" „' ^ -Hrth """'■ "^ "•'» ^'^ 
 
8 Missouri Bar Association. 
 
 for ID 1840 (3 & 4 Vic, c. 86) ; this Act also got rid of an 
 anomaly — ficclesiaatical appeals could theretofore have beeji 
 heard without a single Bishop or Ecclesiastical Judge being 
 upon the Committee — this Act provided that every Arcn- 
 bishop and Bishop of the United Church of England and 
 Ireland who should be a member of the Privy Council should 
 be a member of the Committee for the hearing of such ap- 
 peals and one at least be present. Another Ecclesiastical 
 appeal is given in 1874 (37 & :i8 Vic, c 85), and in 1846 
 (27 & 28 Vic. c. 21) an appeal is given in prize cases. In 
 1871 (34 & 35 Vic, c. 91) provision was made for four 
 Judges or ex-Judges of the Courts at Westminster or in 
 India being appointed. 
 
 Then came the Supreme Court of .liidicature Act of 
 1873, whereby all Admiralty appeals were laken away from 
 the Committee; and in 1876 the provision was made for four 
 Lords of Appeal in ordinary at a salary of £8,000 each to sit 
 in the House of Lords and if Privy Councillors, also in the 
 Judicial Committee. 
 
 In 1877, all jurisdiction on the part of the Queen in 
 Council in matters of appeal from Ireland was abolished. 
 In 1895 a very important provision was made that any Judge 
 or <x- Judge of the Supreme Court of Canada or any super- 
 ior Court in any Province of Canada of Australia, New 
 Zealand Cape of Good Hope or Natal, who should be a Privy 
 Councillor should also be a member of the Judicial Com- 
 mittee. 
 
 At the present time this Judicial Committee hears ap- 
 peals in English eases only in Ecclesiastical matters. Upon 
 every appeal of this character, at least three Bishops must 
 sit as assessors, under the provisions of a rule made in 1876, 
 The ultimate appeal in other matters goes to the House of 
 Lords. In Scottish and Irish matters the Committee do's 
 not exercise any appellate jurisdiction whatever. But from 
 Courts all over the world '.vhcrever the map is marked with 
 red, come appeals. In Europe, from the Channel Islands. 
 Ibe Isle of Man, Gibrallar and Malta as well as from Cy- 
 prus; in Africa from the Capo of Good Hope, Natal, the 
 
 • 1^*- 
 
TwentyS^enth Annual Meeting. 
 
 in Asia from Bombay Calcnt.-, "T."'' ^""^ ""kn-wn , 
 Territory. Aden, Assam ie ™h i ?.''"'"■"'' ""^ '"^'- W. 
 I-wer Oudh, Punj,"! C If ""•/''.™»''' ^'PP" and 
 Borneo, Labnan; ;„ ' 7,f'"";, *"">"tn>,,no„g Kon^. 
 Guinea, Fiji tiL 7 ,-^""-''la»'a. Australia, New 
 I^'and, and' in tericf" ::"c„^/""^ , ""'' Piteai™ 
 -Ontario, Q„ebee, N„va Sc,^i„ v ,"'"' "" I'''<»'ince.s 
 EdH-ani Isla,„i, Ma„i . ba Sa L. .'" ""■""'i'-k. PHnee 
 Coiumbia, and from X toundiand p"'""' -"'""•"• "'■"-'■ 
 f -aiea, British Ilonlu r and ' tm " « ' '"^ "^'■""""^■ 
 Amenea and many another BriH«h r , ^ ,*'"'*'"' '» S™ih 
 ribean Sea. ^"'"'' ^«'»'"' >ying in that Car- 
 
 The laws of a score of .olf ~ 
 be interpreted, the Engli'h ComT^r '™'""'"''^'' ">"^t 
 ^Peakin, colonies n,odil d by "aTstat:," °' "k^ ^'"^'■■^''- 
 Coutume de Paris with similar r!.B *'■''• '" '^'"^''ee th' 
 
 in» and varions law, of the ^ l.^""""'" "■" "-"^ vary- 
 Roman Dutch law of'tbe s„ th of Af rT' 'T'" ''"^''^' '^^ 
 
 t:Jh;:^^:!:r"---^^"brs 
 ^'^'^rt p;:s o?;^^z::;r"f' ^"■— ^ 
 
 all members of the Privv Council w^ ''*"' ""■ P"'"™' and 
 judicial office as Lord Chancell r"""^ ''"''' ""^ ^avc held 
 
 Courts of England, ^eland „r ^ oti f'' " '"" •^' P-""' 
 appointed by ,i,„ man, a" one or t:","" °"'" P^™"' 
 four Lords of Anneal in Jv "'"''8''^ '''om Indi.-. 
 
 •ieesof AppeaUrt';e:L"rofrer' "",' ^'"^"^ ''-■ 
 oeed.ng five Chief Justice, flTr/ \^ ^""""■'' »'"' "ot e.^- 
 
 -- -St Of these muJ^-SSrhf "::;-;;-- 
 
 r-oret:r:;'xrsir^:zti7' ^"-^ ^'■"-"" wd 
 
 '-™-aawe„aaoneofthe^„.::-™--;;u=most 
 
10 
 
 JKimmri Bar Aaaociation. 
 
 and with hira is the veteran Ex-Chsncellor LorJ 
 Halsbury (once Sir Harding Gifford) whose mind 
 has lost none of its acumen and who is paying 
 the debt which every lawyer owes to his profession 
 by editing a Commentary on the Law of England which must 
 be as valuable as it is comprehensive. Lord Wolverhamp- 
 ton the Lord President, but lately Sir ilenry Fowler, is also 
 a lawyer — but he never was a Barrister — he belongs to the 
 lower branch of the profession ; he is a Solicitor. He could 
 never have pleaded a ease in any High Court of Justice but 
 may sit upon this the ultimate Court of Appeal for a terri- 
 tory greater than the ancient Roman ever thought of. An 1 
 he has, I am informed, sat in at least one case. There are 
 five ex-Lord Presidents— all peers of the realm and all lay- 
 men, the.se in practice never sit — one ex-Lord Chancellor of 
 Ireland, Lord Ashbourne (Edward Gibson,) Lord ilacnagh- 
 ten, once an Irish Judge of note ; Lord James of Hereford 
 who as Sir Henry James gave up his opportunity to become 
 the Lord Chancellor of Great Britain, the greatest prize to 
 which an English lawyer may aspire, for the sake of prin- 
 ciple which he would not sacrifice. Lord Lindley (the Lind- 
 ley on Partnership), Lords Dunedin and Shaw of Dumferm- 
 \mi\ giants from the Scottish Bench and Bar; Lord Alver- 
 stone (Sir Richard Webster) Lord Chief Justice of England, 
 Chairman of the Alaska Arbitration Board; Lord Atkinson 
 a brilliant Irishman and Irish Barrister appointed a Lord of 
 Appeal in Ordinary from having been Attorney-General for 
 Ireland; Lord Collins once Justice of the Queens (Kings) 
 Bench Division and later Lord Trustee of the Court 
 of Appeals and Master of the Bolls; Sir Edward 
 Fry ( on Specific Performance) and Sir Fred North, 
 both Judges of great ability and long experience; Sir 
 Alfred Wills for years the senior Puisne Justice of the 
 High Court of Justice; Sir Henry Strong and Sir Elzcar 
 Tascbereau former Chief Justices of the Supreme 
 Court of Canada; Sir Henry DeViUiers formerly a Chief 
 Justice at the Cape of Good Hope in South Africa, and Sir 
 Samuel Way and Sir Samuel Griffith who occupied similar 
 
TiceatySevrnth AnmuUMeetrng. 
 
 merly Chief Justice of rstrai^r,;,*" '''""' »»"-' '-- 
 "l Ceylon. And there are o her ^f ™™'« ""J afterward 
 inJ-ed all who are or have ! '""" '"' """"i "P"— 
 
 "fflee and are Privy toZjloi^ "^^"P^"'" °f high Judieial 
 mittee. ^ l-ou„cdlors are members of this Com- 
 
 "l an appeal from beyond the "e '"' '" "■" '^'"^ "^a.e 
 
 Admirals or other na'aloffieers s" :" " "f""""^ ■""""• 
 sample in the well kno „„ U "'""'' assessors. F.,r 
 
 (1892, A, C. 644T he Ri? ""'i '*"'"' "' »'-'''«p „f Lineol, 
 Lichfield .sat,Tnd?„ a te"? .r"'™*"' ^'^ ^-'"'^ -^ 
 Court for China and Co fin iL;!. "n^"'^'^ «"P-- 
 Wuyd and Commander crborne ^ ''■ '"' ^<''"--' 
 
 '« '»"S^r::;j;;r:'^" 'f ^"^^ ''-« Court, 
 
 'i™^ and report thereon to Hi, «' "'''"•' '^«'" O""- 
 There i, no instance in wh h" tlTV '''"' ^'"""='' 
 actually sit; I have never seen ',."'^° "' "»«"«<'■' 
 .han four; three exclusive „, the" or'dp" T""-""' '-» 
 a quorum. These Privy Counti. ""'"""""»'"■"« 
 
 ordinary Engli.,h gentlemen u"^^ T '"''"'«' " 
 any kind although Coun™ „„„ "' ."'^"'^ «"" <>* 
 )-ear the black gown " k TT^ '''"" """^ "■>'^' 
 « or is not a King's Conn \ """ 'wording as he 
 0' horse hair. X^^^ ^]f^- -u and wt.' 
 hut I found that one becom.. * ""''P' 'he wi,f, 
 
 quickly and vJry easily T 1 '™*^ '" ""' -'« -^-^ 
 
 ■nan with the .,ame seme i'con""""-" '*"'''' ""' «»*f'-h 
 Courts and sees Judges a„d Co ^'■■''. """" "' »""'" our 
 ha^uls but without wfg as it d """'"'"■ «"-" and white 
 <".ain American Cges si tt7i:"c 'r^"" "■''^" •■« -« 
 «l»o with a black necktie "■' '""' » ^"^o hut 
 
 -t,'^:^iL:^T':r;:rrd!::^--^^— re. 
 -» "P-" Of the con.mitteerd"i:Lrjrsr:„7:: 
 
12 
 
 MiMouri Bar Asaociatwn. 
 
 how the members of the Committee were divided or if they 
 were divided. While the House of Lords is bound by 
 its own judgments, such is not the case with the Judicial 
 Committee — the Committee may and sometimes does decline 
 to follow the law as laid down in previous cases. Their 
 Lordships consider themselves at liberty and indeed bound 
 to examine the reasons upon which a previous decision was 
 arrived at, and if they find themselves forced to dissent from 
 (hose reasons, to decide upon their own view of the law. [ 
 ' not know that this has ever actually been done in ques- 
 luns of the law of property, but it has in matters afrectini; 
 the forms of worship, etc., in the Church of England. For 
 example in the well-known case, Kead vs. Bishop of Lincoln 
 (1892 A. C. 644) the previous decision in Ilebbert' vs. Pur- 
 ehas (L. R., :> P. C. 651) 23 years before, was not followed, 
 as their Lordships found themselves unable to concur in the 
 reasoning. It has, however, been said — even in a case in- 
 volving property— by the Committee (upon a previous case 
 before that Board being cited as an authority absolutely 
 binding upon them) that it would have been their duty had 
 the necessity arisen to consider for themselves^whether the 
 decision was one which they ought to follow (1891, A. 0., 
 at p. 282). 
 
 The Committee sits in an old building on the north side 
 of Downing street, Westminster, not far from the Abbey 
 and the Parliament Buildings. The Board is on the floor 
 toward the middle of the room; the Co isel upon a raised 
 platform to the east side, communicating with the robing 
 rooms etc. The platform is accommodated with a small 
 reading desk upon which Counsel addressing the Board may 
 rest his books and papers— all the proceedings in the Courts 
 below are in printe<I form as also the points relird upon bl- 
 each side. Whenever a case cited is not thoroughly well 
 known the report is brought at once from the book- 
 cases lining the walls of the room; and each point as a rule 
 is thoroughly threshed out at the time by Court and Couri- 
 
T<r,ntyS,>venth ArmucdMeetmg. 
 
 13 
 
 r„ .1 1-.- ' "' ""*' ">e result will bf 
 
 find the following ,„!„1^?" "^Pr'^' ^^PP"-"" f»«''. a"'-i 
 
 the construction !f a win'Zl. t? f " '"""' '^"'"^ "P"" 
 Scotia as to the int^rlr V . . -'■"P-'eme Court of Nov., 
 
 whether certain aUeTrf ^ H<>"f-'-Ko„g, China, as to 
 
 prison withourceSorCm-r f"!' t^ r-."""^'^ " 
 ments as to the effect JT^-' ""' **"''""' Settle- 
 
 portation of chandu from 1"^ '"'' '"'"'''''"« ">e im. 
 to whether the Grand TrTnkLir"""' '■'°"' "' '•'""'""' •" 
 third-class between Toro"to and Ar,"""^,' '""^ P-'^^"' 
 mile as provided by Ih s It^o 18 2, " T" P^"°^ " 
 King's Bench, Quebec, as „ therilhf'of ^ e"" *''^'^°"' "- 
 ing certain patents to enfn./ .t corporation own- 
 
 machines bufit on Cpfrtf' f"™™ i» a lease of 
 be used by the lessee from '^i. . °"'«'' """chines should 
 respect o/the „ Ts f t^n of "? f""! "' ^-'"'- - 
 Cape of Good Hope ™ the. „„, ."''"°" ^<"' ''■°°' 'he 
 High Court of Austr^iat tor^'-T "'." "'"^ ''°^ "■« 
 to eon>pen.sation on re ireme ^-fr "t'%"' ' ""' ^"™"' 
 Canada as to the a,'™ ^ , m ! 'f I'™ '"'' ^"P"""= ^ourt .f 
 and the effect of it, aZi,, !^ r l"'"^ "'P "P™ « fia! 
 (the Settlement of P™Z , -• ^'""■' S'"'™--; 
 
 Supreme Court o CyZlZZ" ," "'"''"^^ f^<"" «' 
 procreated in adultery fthi^V . '"'^"""aey of ehildrc, 
 law, the common ,a?ofCey?„r, """" ""^ «™-Dutoh 
 
 .athtse7;perin"'lZt:f '"7 ""' ^'"'^ ^-" '"^i*. 
 It may, however, he in,reTt'"'' ""'■ '" "■« ^P^^"' =ase. 
 
 eases reported in 1906 ttTlnn"''™ T""" "' ">'- 
 
14 
 
 Mittouri Bar Attociation. 
 
 law under the custom amongst certain Chaltris; from the 
 Ilisrh Court at Allahabad a« to the effect of words "malik 
 wa khud ikhtiyar" in a deed of gift, from the High Court 
 of Bengal as to whether a plaint must be stamped ; from the 
 Judicial Commissioner of the Central Province as to the con- 
 struction of a foreclosure decree : from the Chief Court of 
 Lower Burma as to Buddhist marriaKC and the tatus of 
 "monkey wife"; from the IliRh Court of Bengal whether 
 the English law ns to champerty and maintenance is part of 
 the law of India: and again as to the Mahomedan law .s' 
 gift under apprehension of death (our donato mortis causa ) 
 and again as to the rights of sha' -holders in a Zemindart 
 and again as to gifts to daughters an. I their sons; from the 
 Chief Court of the Punjaub in respect of a partition of the 
 property of a Hindu joint family; from the Supreme Court 
 of Mauritius as to certain wakf properties in Port Louis 
 bought for the JIahomedan congregation of the Soonce 
 School, being composed of Indian immigrants from Cutch 
 Hallal and Surat. the Ilallaye and Soortee classes quarrel- 
 ing with the Cutchees; from Lucknow as to family records 
 proving pedigree, and the rights of a sister's son; from the 
 High Court at Madras as to the rights of the Nadar or 
 Shanar caste to worship in the temple of Shiva at Kamudi • 
 from the High Cou-f in Bengal again as to jhum rights, i. e.,' 
 rights in land in wild and jungly tracts on the frontier 
 which were never brought under settlement by the Revenue 
 authorities but were left waste to he occupied by "squat- 
 ters"; from the Chief Court of the Punjaub ii. a suit by 
 Hindu minors to set aside their father's deed of sale on the 
 ground that the lands were ancestral. 
 
 With all these varied forms of action, all the different 
 systems of law to be considered, Common Law, civil law 
 .Mahomedan law, Roman-Dutch law, and all the bewilder- 
 ing customs of India, there is no delay in giving judgment 
 The case is a rare one in which the appellant does not know 
 his fate within a few weeks at the outside. A case mav 
 start in Toronto to-day and be finally decided by the Privy 
 Council in a year or 18 months from now. No delay is tole-'- 
 
'^''"''yf^'"-rnthA„„„„ii,ee,ln,. 
 
 IS 
 
 "ii'iit iif c,,,,,',,'!]""' ''""^ "''"'K yar after vt-ar l.« 
 
 ' > "uiisel—,,,, ap, , . '""^ "y arrange'- 
 
 ""■".■"c. „f „,„> LordlLw, ■'"'' '"■'"""">•■ Tlie great 
 
 "■"y are re,pee,eci. '"'"'■"" "'""''y d' aJl re,pe„f,.a;;j 
 
 "lit. it may be n^it,.,i ..,. , 
 
 ^""na„„p™f,,„j, "^""■•1? There's no Mis- 
 
 S «»'■» alt.,,,' we have ,.„ , T'""- ''"■"•' "f '». Unit , 
 mutee. t«"«>imns „n ,he Judicial Cou 
 
 -^^in^i^jr^^rr^i^r-i-'T'-o^^he^oa., 
 5-:;;":r-Si:zL^'^^^'"-=:...rt 
 
 ""-■""M h,. any o,h r e.l. . '" ''" "•"'"'"^ ot L in 
 P'.Wie g„„,,. They L Z r""" "■"" """""^ -"the 
 . Far above all. to my mij l^ "'"" '"»' '■"""trie, 
 »"'™.i" an Kntish eoZ,"t ' .' '"'"' °' ^™<'a-ent,I 
 orn, ,„ „„, ,„.„, Court „"p!-7'''' ";-'f"« in eonerete 
 '^;.«<-as. In that Court too sif '" "■" '"»<''' beyoni 
 
 «' I" the irouse of Lo/d," °- 2",' " ™'' ""' "^y men wi^o 
 peal, disputes between our br .'. "' " ""'" '^""^ »* Z- 
 and Seot,and-3„ that we le ailt?" rl ''"''""'■ ^-'-' 
 -----se Spates wi,,t:-na"---^^^^^^^^ 
 
1« 
 
 MtMOHrl Bar Attnocintlon. 
 
 riittic desire for union — a flajr. an institution, will symholizp 
 a sentiment; and to nie there is no more inspiring spectacle 
 than that body of gentlemen in the dinpj' old room on Down- 
 ing Rtreet. Westminster, sitting to deeide cases from every 
 quarter of the globe, administering justice to all under the 
 red-cross flag and symbolizing the mighty unity of an Im- 
 perial people — a people akin to yourselves, nith the same 
 problems ait you and with the same aims. 
 
 A sentiment more powerful and efficient than a law 
 binds togetter these groups scattered throughout the glob". 
 One nam', we bear, one tlag covers ua, to one throne we are 
 loyal; and that Court is a token of our unity. > >t as a 
 member of a subject race does a Canadian enter viie pre- 
 cincts of that building, but as a citizen and an equal, legally, 
 socially, politically — the C-anadian barrister stands oeside 
 not below and not above, his brother from London, or Edin- 
 burgh or Dublin or Melbourne or Sydney or Wellington or 
 the Cape. No precedence is given to n King's Counsel fnmi 
 his receiving his patent at the hands of the Lord Chancellor 
 of Great Hritain rather than at the instance of tiie Attorncv- 
 General of a Colony. All meet before a tribunal rrprcse:"- 
 ing the common Sovereign, a tribunal, too, which links th'- 
 present with the ancestral institutions of our race With 
 many of the present as of every past period, there i-* a de- 
 sire for novelty and experiment. But it is part of the very 
 being of those deriving from our common ancestors to elin» 
 to the old in essence, even if a change be made in foim t.> 
 the new. It is no little gain that we are able to point to 
 this body as being in substance the same as has sat and 
 adjudged — doomed — for countless generations amid and for 
 a free and noble people, who law-loving and in general law- 
 abiding, could brook in patience no law but their own. 
 Before that tribunal we must if ever recognize that the 
 principles of justice and fair dealing are the same now as 
 of old — the varying and various conditions of society have 
 not modified eternal right — the law (speaking generally) 
 which the Saxon was entitled to have enforced in his local 
 Court is the same as that by which are now governed mighry 
 
"rKJiiiizatiuiw 
 
 ^^i^ty.Sev^tth Annual 
 
 lands f, 
 
 J.. I... 1 ■ 
 
 
 u«tftinkttI)lL' by ; 
 
 "I reinovi'U f 
 
 """■ j\iiu wj 
 
 I rul ur)i,.l 
 
 Jnhul,=*- 
 
 ti'niH of mi-n 
 iniH.s of whi, 
 
 nr' r-Iini 
 
 '.«» »uh,,„,.d without a Ir Ik „! V" "" "'■■""""''*■ *'"'■■'• 
 
 l-ourt „f ,„e vic„a,.e"v raw ", 'T'' '" ""■"' ''^ »<">■<• 
 "«-„, ,iti,„„, orpa'^'or^fTi^itr" ■"•■" '^ " """"f"' 
 
 "hioh pa.„ upon the llL „,„,'' "^'"™' *■"' <'""'» 
 '-"' "f .ho 0,5 dime a e i'y ha n": ■;;" ''"""■ -'"J™'" 
 ann,a.,l aud where prnpeVorLtK^ ""■ '"''«">""" «■ 
 ^dve, one people indissl v ^ """'■■ ■"'" f''^'' »"••• 
 
 rae,. seattered through!, the 1 "■"" """"' "^ ""■• 
 
 ''-.answer of ,he t'lo'ie'r "--■;-""• .^^"^ »- 
 tlunng the S<,„th Afriean war or ,t . """"''■ '^n-^ 
 
 (hem more recently wZ he "'■"' '"'"'' ""<» "-■ 
 
 more shows that onene., "han ,h? '"'"" "'"^ "'■»"^°^«'i 
 final Court of Appeal ™"""™ "™"'-^« '<> on. 
 
 (equaling in thar":lanth,t"°"', "' "■" '»•" ">ing,, 
 metaphysioian with a,.' ;, 7^ T^'^'"^' «■"'=•> A^ed th^ 
 in the history and ,h7 de T '"' ""^"^ '' «^-'" P'^-" 
 in the history and the d'Jon T',"' "^ 'nankind-nn 
 '"a-^t so in ,i,„, „f ,h' "'" "P,"™* "f n,anki„d_a„d not 
 you and 1. holon/Vhe L. f ^"^"''^ '" «>"<"> we 
 
 at hut never belUtled wi^ f '' "' ""' '""■ ^^ ""- '"eered 
 anever present sen „f a .nair'""' '"'""■' """^ ^^» '-'n?^ 
 "■at people „,,„ n,.,st re" e, T"™™'"^''''""'''""'^ 
 
 --".ands of the .r r trhiXst"'":! ■■""''^- "'"■^' "■" 
 
 •ion. And how can the I „ , f "'"'' "' "vili^a- 
 
 ™plifled than in he e^iZee "If T- '"" •"■ "'»" -- 
 jud^rment is the final word for h ". '^ "^ J""''" «•'">■•' 
 ---^^ne.eeuti„nor::^j:'^r^---.:ons-a„d 
 
 
If Miuouri Bar Auoeittttm. 
 
 whone Hags cover every «ea. every man in an army with 
 centuries i.f honour to its credit, every officer of the Stato, 
 every British suliject who can carry a niUHket, may he call- 
 ed upon if neeeasary. 
 
 There have been ocia»ioiis upon which »u(Hfcstoin« have 
 heen ir.Hile, more or le«» seri.nisly. that the jurisdiction .if 
 the Privy Council over self-t'overninu cornniu ilies, such •« 
 we have'in Canada and m arc in Australia ami New Zealanl 
 should ■•ease. Kor example when the Supreme Court of 
 Canada was estahl„he,l in IHio. there was considcral.le dis- 
 eussion Inokinit to the ah.dition of the riuht to appeal to the 
 Vrivy C..nncil from the Court so established. Wiser eouii- 
 fcls prevailed and no attenipi was made to prevent such ap- 
 pe.ils by b'stislat i..n. Now an appeal lies as of rii-'ht from the 
 hiiihcst Court iu each I'rovince in cases of suffliient magni- 
 tude and also by special leave fn.m the Suprenr. C-ort of th" 
 Doniinicui. 
 
 No fcelinu exists that this should be altered— oc- 
 easiooally of course the unsnccc'ssful party to an appeal and 
 those who svnipathizc with him mahe a d .|. fnl -i i-c aiMUist 
 Ibe Hoard but this speedily dies out. It is wholly bey.md 
 controversy that Canadians s.Miierally Kaul.l d. pi .ce any 
 .ittcnipl to interfere with tlicir traditinnnl riabt to apply 
 for justice to the foot of the throne. 
 
 In other Ccdouies the riyllt continues ie a more 
 or less eiunpb'te form— and from all appearances will so 
 .■onlinne while the British Knipire itself conti.iucs-anl 
 may that be not ad mtUtos annos alone, but in aetemum.