The South African Court System lature. In the retention of their former jurisdiction the courts of this division hear appeals from the courts of the local division. There is no obstacle placed in the way of such appeal and practically all cases of importance are appealed to the superior court. The number of the courts of the local division is determined by the Governor General in Council in accord ance with the needs of the population. They are numerous and constitute the common courts of original jurisdiction. By the Act of Union they were granted jurisdiction in all matters formerly belonging to the inferior provincial courts. Thus it is seen that they are of a more varied character than the courts of the other divisions. They, too, are to have original jurisdiction in cases in which the Union is a party or in which a provincial ordinance is chal lenged. This jurisdiction is apparently concurrent with that of the superior court. The courts of this division are found in every town, and are presided over by a magistrate, anfofficial inferior in im portance to a regularly-appointed judge. There may or may not be separate civil and criminal courts. Thus, Johannes burg has nine courts, part of which have criminal jurisdiction, and the remainder civil, while smaller places having but one court combine)n it both jurisdictions. Prior to the Act of Union any party to a suit might carry his case to the King in Council subsequent to the action of the provincial supreme court. At present no appeal lies from the supreme court of a province. The matter must be considered by the appel Madison, Wis.
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late court and action of this court is final, save at the pleasure of the king. The working of the system is at once apparent in the shutting off of appeals. The appellate division through its power to cut off an appeal to it may stop any further action in a case. Thus few cases are appealed to the Crown and the Union courts profit in increased strength by the finality of their decisions. This is the great point of contrast with other English colonial court systems. Appeals lie directly from state courts to the King and from the Commonwealth supreme court at the pleasure of the King in Australia, and apparently appeals may lie directly to the Crown from at least the province of Quebec in Canada. Judges in South Africa are appointed by the Governor General in Council. Their appointment is for life, save in cases where both houses of the Union legislature petition the Governor for their removal on the grounds of in capacity or misbehavior. Thus the judiciary secures the necessary inde pendence for the prosecution of its work and at the same time provision is made for recall in aggravated cases of mis conduct or misbehavior. The grounds of incapacity make this system more flexible than that of the United States. The complete concentration of judicial matters in the hands of the Union is apparent from the foregoing. Under the existing system the provinces take no part in constituting the judiciary, their only part being in the enforcement of decrees. The system is one which appears to be giving complete satis faction and is supported by all classes of the population.
