West Indian Law and Appeals. 



->.->r> 



commodious, and the dangers arc no longer likely to prove a deterrent. 

 The scheme was again mooted in Timehri in July, 1912. after many 

 years' <|iiiescence. in the following form: 



"The West Indian Appeal Court will be created when any person in 

 authority works out a reasonable financial scheme, while meeting the local 

 requirements of Trinidad and Jamaica, the most impoitant of the com- 

 munities from a litigious standpoint, for the rapid disposal of their own 

 numerous appeals. Permanent headquarters in Trinidad with half-yearly 

 sessions in the other colonies and a single additional Appeal Judge, the 

 various Chief Justices and Acting Chief Justices sitting by rota, would 

 meet the case. One of the three British Guiana Judgeships could be dis- 

 pensed with and other savings effected elsewhere. No additional expense 

 would be incurred. It may be necessary to leave Jamaica out of count at 

 the outset until the success of a less ambitious scheme is assured. But if 

 the duty of beginning a study of Roman-Dutch law to meet the require- 

 ments of British Guiana is added to the other duties which the scheme 

 will eventually entail upon Judges even now underpaid and in Trinidad 

 by no means under-worked, the realization will be indefinitely postponed." 



Since this was written a Supreme Court Bill has been read a first time 

 which will permit of one of the British Guiana Judges being dispensed 

 with if necessary as soon as any Appeal Court is created. In the interval 

 it will enable local appeals to be heard by two independent Judges, as in 

 the case of a Divisional Court in England. The anomalous practice of the 

 Judge appealed from sitting on the bench in appeals from himself is to be 

 abolished. If the two Judges disagree the judgment of the Court below 

 will stand except as to such portion as they may aoree to set aside. We 

 still require, however, some accessible and inexpensive intermediate tribu- 

 nal between the Supreme Court of the Colony and the Judicial Com- 

 mittee of the Privy Council. The subsequent right of appeal to the 

 Privy Council should of course be preserved, but West In ian issues 

 are seldom of sufficient gravity to justify recourse to that great tribu- 

 nal of the Empire. This can only be found in an Appeal Court for 

 the West Indies. An attempt to find a line of least resistance and set 

 up a half way S) stem by securing co-operation between this colony and 

 Trinidad has been, as I anticipated, unsuccessful. The proposal was that the 

 two colonies should lend each other a Judge or Judges from time to time to 

 secure an independent hearing of appeals. 1 he Trinidad Judges, however, 

 are kept very busy at their local work and without extra remuneration 

 would have to embark upon the laborious study of an entirely different 

 form of jurisprudence to enable them to try occasional cases in British 

 Guiana. Barbados has only a single Judge of Supreme Court standing 

 and the same reply might be expected from that colony. The possibili- 

 ties of a more elaborate scheme are therefore to be considered, and ihi 

 Barbados Legislature has recently petitioned the King in Council in regard 

 to its own appeal requirements. The time is ripe for a practical move, 

 The late Chief Justice of British Guiana (Sir T. C. Kayner) has expressed 

 himself in favour of a larger scheme, and we are in substantial agr«*emcnt 



