CO129-333 - Governor Nathan - 1906 [1-4] — Page 115

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Hurther opinion of Mr. 1. Sercombe Smith.

Your Excellency

CO

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Jest 12 MAR 06

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i think that Justices of the Peace should

not serve on the projected new Appeal Court, because questions

of low will be beyond them.

2.

1 should prohibit appeals from the lower

Appeal Court to the higher Appeal Court, othersise the whole

object of economy is defeated: morsover, the party had the

option in the first place of going direct to the higher Court.

I think that the appeal should be of right

and should be confined to points of law. Appeals on question of

fact are rarely successful. but if a party wishes to appeal on

fact, he should be allowed to on obtaining the leave of the

Magistrate from whose decision he proposes to appeal.

4.

Chapter II of the th. Edition (1904) of

Paley on Summary Convictions criefly describes the law and

practice relating to appeal to Quarter Sessions.

Sth. December, 1905.

(Sa.) . Sercombe Smith.