Appellate Jurisdiction Act 1908

Year1908


Appellate Jurisdiction Act, 1908

(8 Edw. 7.) CHAPTER 51.

An Act to amend the Law with respect to the Judicial Committee of the Privy Council, and the Court of Appeal in England.

[21st December 1908]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Power to direct colonial judge to act as assessor of the Judicial Committee on hearing of appeals from the colony.

1 Power to direct colonial judge to act as assessor of the Judicial Committee on hearing of appeals from the colony.

(1) For the purpose of the hearing of any appeal to His Majesty in Council from any court in a British possession, His Majesty may, if he thinks fit, authorise any person who is or has been a judge of the court from which the appeal is made, or a judge of a court to which an appeal lies from the court from which the appeal is made, and whose services are for the time being available, to attend as an assessor of the Judicial Committee of the Privy Council on the hearing of the appeal.

(2) This section shall not apply to any British possession except the possessions specified in the schedule to this Act and any possession which may hereafter be added to that schedule by Order in Council.

S-2 Provision as to persons being or having been judges in British India.

2 Provision as to persons being or having been judges in British India.

(1) If any person being or having been chief justice or judge of any High Court in British India is a member of His Majesty's Privy Council, he shall, if His Majesty so directs, be a member of the Judicial Committee of the Privy Council.

(2) The number of persons being members of the Judicial Committee by reason of this section shall not exceed two at any one time.

(3) In this section the expression ‘High Court in British India’ means the High Court of Bengal, Madras, Bombay, or the North-Western Provinces, or any other Court in British India which may for the time being be recognised for the purpose by Order in Council.

S-3 Extension of 58 & 59 Vict. c. 44.

3 Extension of 58 & 59 Vict. c. 44.

(1) Section one of the Judicial Committee Amendment Act, 1895, shall have effect as if the persons named therein included any person being or having been chief justice or a justice of the High Court of Australia or chief Justice or judge of the Supreme Court of Newfoundland.

(2) The Schedule to the Judicial Committee Amendment Act,...

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