A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
The Judicial Committee of the Privy Council--or, as it is
colloquially described by the lawyers, "The Privy Council"--is
doubtless the most interesting court in England because of the
variety of the questions there considered and owing to the fact
that, geographically, the litigations originate in nearly every
quarter of the civilized world, for, as noted above, this is the
court of last resort for all of the British Colonies. It should not
be confused with the Privy Council itself--a political adviser of
the Crown--for the Judicial Committee's functions are purely
judicial and its personnel consists of the Lord Chancellor and the
other Law Lords, a few paid members, and some Ex-Colonial Judges.
Historically, indeed, it was but a sub-committee of the Privy
Council, which circumstance gives the Court its name and explains
why its judgments always conclude with the phrase that the Committee
"humbly advises His Majesty" to affirm or reverse the judgment
rendered in the Colony, instead of pronouncing the conclusion in
direct language, as do other courts.
This extraordinary body sits in a large second story chamber, not in
the least resembling a court room, of a building in Downing Street,
and rarely is there any audience other than the professional men
whose business takes them there.
Of course, most of the Colonies are equipped with their own court of
appeals--usually called the Supreme Court--but, nevertheless, an
appeal lies from their decisions to the Privy Council in certain
circumstances, although to define exactly the scope of this
jurisdiction would be too technical for present purposes.
Here are to be found, arguing their cases, lawyers from Colonies in
every corner of the globe in some of which the division of the
profession into barristers and solicitors hardly exists, or at
least, the line separating them is quite hazy--but they must all
appear in wig and gown.
Bearing in mind the fact that the Colonies of Great Britain are
scattered over the whole world and that it has always been the
policy, so far as possible, to accept the existing law of each and
graft it upon the English law system, the diversity and broadness of
this court's deliberations may be imagined.
The succession to an Indian Principality, to be determined under the
ancient law of that far Eastern land, will be followed by a question
of the legality of the adoption of a child in South Africa, to be
considered under the rules of Dutch law. The next case will,
perhaps, involve the effect upon an area much greater than that of
all England, of the diversion of a river in the Canadian North-West.
And the court may next turn its attention to the problem whether the
widow of a Scotchman who left two wills--one intended to operate at
home and the other to take effect in Australia--can take her thirds
against the will in Scotland but accept the benefits of the other
will as to property in Australia.
Public-domain text, read in full here on John Shaqi.
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