CO129-333 - Governor Nathan - 1906 [1-4] — Page 113

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Opinion of Sir Francis Piggott.

His Excellency

The Governor.

RECO

0614

ret 12 MAT. 061

Lizge

111

once t the Supreme Cant

i have read these papers with care.

Speaking generally I am in favour of extending rather than

limiting the right of appeal, and therefore I agree with the

suggestion that there should be an intermediate Court of Appeal

from the Magistrate, composed of other Magistrates, or perhaps

Justices of the Feace. But whether it should have powers

analagous to those of the Quarter Sessions Courts in England, or

whether the new Court's jurisdiction should be more limited, are

questions of difficulty which I am not prepared at present to

express an opinion.

The principal reason in favour of the

creation of such a Court is the expense of an acpeal to the

Supreme Court. It must often happen that important question of

law may arise even in small cases before the Magistrate, and it

is more than likely that the parties cannot afford to appeal.

It seems to me of importance that there should be a Court of

Appeal before which Solicitors should have the right of

audience, and in which the scale of fees is as low as is

reasonably practicable.

i would not eliminate the right of appeal

to the Supreme Court, nor would i prohibit appeals by leave to

the Supreme Court from this new Court.

But there are at least two other important

questions to consider. Is the appeal to be as of right or only

by leave of the Magistrate ? Is the appeal to be limited to

Questions of law, or should it extend to questions of fact ?

Should