court (arts. 494-504). Nova Scotia, New Brunswick, Manitoba and British
Columbia have supreme courts with appellate authority over decisions of
single judges of the court and over inferior tribunals in the province.
Appeals lie from the highest courts of each province, in civil matters,
to the Supreme Court of Canada, or to the king in council in cases
falling within the orders in council applying to each province, but in
criminal matters to the king in council. From the Supreme Court of
Canada no appeal lies as of right to the king in council (Dominion Act
1875, 38 Vic. c. 11, S 47), and the royal prerogative of granting
special leave to appeal is sparingly exercised. The principles on which
the judicial committee acts in advising for or against the grant of
special leave in civil case& are stated in _Daily Telegraph Newspaper
Co._ v. _M'Laughlin_, 1904, L.R. A.C. 776. It is, however, as before,
quite common for appeals to be brought direct to the privy council from
the provincial courts without resort to the Dominion court (see Wheeler,
_Privy Council Law_, p. 955).
_Australia._--Each of the states of the Australian Commonwealth has its
own supreme court. The Commonwealth parliament constituted in 1903 a
High Court for Australia, which, besides its original federal
jurisdiction, is also a court of appeal from the supreme courts of the
constitutional states, or from any state court from which an appeal lay
to the king in council at the establishment of the Commonwealth. The
jurisdiction of the court is defined by the Judiciary Act of 1903, by
which it is created. The right of appeal is given both as to criminal
and civil matters.
_South Africa._--In Cape Colony and Natal the appellate courts are the
supreme courts, subject to further appeal in certain cases to the king
in council. The superior courts of Cape Colony are empowered to review
the proceedings of all inferior courts in the colony and its
dependencies in cases where no appeal lies. There was for a time an
appeal from the High Court of Orange River Colony to the supreme court
of the Transvaal, and from that court (whether acting for its own colony
or on appeal from the Orange Colony), an appeal to the king in council.
In other colonies the provisions as to appeal follow more or less
closely the lines of English law and procedure as to appeals, and in all
cases the ultimate appeal is to the king in council.
_United States._--In the American courts the term
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