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No. I. shall be lawful for such person or his agent, under the regulations to be 2 W. 4, c. 51. established in pursuance of the powers given by this act, by summary
application to the high court of admiralty to have the said charges taxed
by the authority thereof. Vice-admiralty VI. And whereas in certain cases doubts may arise as to the juriscourts to have diction of vice admiralty courts in his Majesty's possessions abroad, jurisdiction in with respect to suits for seamen's wages, pilotage, bottomry, damage certain mari. time causes.
to a ship by collision, contempt in breach of the regulations and in. structions relating to his Majesty's service at sea, salvage, and droits of admiralty; be it therefore enacted, That in all cases where a ship. or vessel, or the master thereof, shall come within the local limits of any vice admiralty court, it shall be lawful for any person to commence proceedings in any of the suits herein-before mentioned in such vice admiralty court, notwithstanding the cause of action may have arisen out of the local limits of such court, and to carry on the same in the same manner as if the cause of action had arisen within the said limits.
(No. II.) 2 & 3 W. IV. c. 92.–An Act for transferring the
Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to his Majesty in Council.
[7th August 1832.] 25 H. 8, c. 19. WHEREAS by an act passed in the twenty-fifth year of the reign of
king Henry the eighth, and intituled The Submission of the Clergy and Restraint of Appeals, it is (amongst other things) provided, that for lack of justice at or in any of the courts of the archbishops of this realm, or in any of the king's dominions, it should be lawful to the parties grieved to appeal to the king's Majesty in the king's court of chancery; and that upon every such appeal a commission should be directed under the great seal to such persons as should be named by the king's highness, his heirs or successors, like as in case of appeal from the admiral's court, to hear and definitely determine such appeals, and the causes concerning the same; which commissioners so by the king's highness, his heirs or successors, to be named or appointed, should have full power and authority to hear and definitely determine every such appeal, with the causes and all circumstances concerning the same; and that such judgment and sentence as the said commissioners should make and decree in and upon any such appeal should be good and effectual, and also definitive, and that no further appeals should be had or made from the said commissioners for the same, and that all manner of provocations and appeals thereafter to be had, made, or taken, from the jurisdiction of any abbots, priors, or other heads and governors of monasteries, abbeys, priories, and other houses and places exempt, in such cases as they were wont or might afore the making of the act now in recital, by reason of grants or liberties of such places exempt, to have or make immediately any appeal or provocation to the bishop of Rome otherwise called pope, or to the see of Rome, in all those cases every person and persons having cause of appeal or provocation should and might take and make their appeals and provocations immediately to the king's Majesty of this realm, into the court of chancery, in the manner and form as they used afore to do to the see of Rome ; which appeals and provocations so made should be definitively determined by authority of the king's commission in such manner and form as was in the said act now in recital above mentioned, so that no archbishop or bishop of this realm should intermit or meddle with any such appeals otherwise or in any other manner than they might have done afore the making of the act now in recital; any thing in the act now in recital to the contrary thereof notwithstanding: And whereas by
an act passed in the eighth year of the reign of queen Elizabeth, and 8 E, c.5. intituled for the avoiding of tedious Suits in Civil and Marine Causes, it is provided that every such judgment and sentence definitive as should No. II. be given and pronounced in any civil and marine cause, upon appeal 2 & 3 W. 4, lawfully to be made therein to the queen’s Majesty in her highness' c. 92. court of chancery, by such commissioners or delegates as should be nominated and appointed by her Majesty, her heirs or successors, by commission under the half seal, as it had been theretofore used in such cases, should be final, and that no further appeal should be made from the said judgment or sentence definitive, or from the said commissioners or delegates, for or in the same; any law, usage, or custom to the contrary notwithstanding : And whereas the persons who from time to time have been appointed commissioners by commission under the great seal or under the half seal, hy virtue of the authority of either of the herein-before recited acts, have been commonly called “The High Court of Delegates :” And whereas, notwithstanding the herein-before recited acts, the king's Majesty for the time being hath out of his royal favour occasionally granted, upon petition to him in council made for that purpose, a commission under the great seal authorizing the commissioners therein named to review the judgments and decrees of the high court of delegates so appointed as aforesaid. And whereas it is expedient that the herein-before recited act of the eighth year of queen Elizabeth, and also so much of the herein-before recited act of the twenty-fifth year of king Henry the eighth as relates to the appeal to his Majesty in chancery, should be repealed, and that all the powers which by virtue of either of the said acts have or might have been enjoyed by the said high court of delegates should be in future exercised by his Majesty in council, and that no such commission of review as aforesaid should hereafter be granted ; be it therefore enacted, &c., That the herein-before recited act of the twenty-fifth year of the reign
25 H. 8, c. 19,
so far as relates of king Henry the eighth, so far as relates to any power thereby given to
to the power of appeal in any case to the king's Majesty in his high court of chancery, appealand to and so far as the same empowers his Majesty to grant a commission the appointunder the great seal authorizing the persons therein named to hear ment of deleand determine such appeals, shall, as from the first day of February gates, repealed one thousand eight hundred and thirty-three, be and the same is hereby from 1 Feb. repealed.
1833. II. That the herein-before recited act of the eighth year of the 8 E., c. 5, rereign of queen Elizabeth shall, as from the first day of February one pealed from thousand eight hundred and thirty-three, be and the same is hereby i Feb. 1833. repealed.
III. That from and after the said first day of February one thousand From 1 Feb. eight hundred and thirty-three it shall be lawful to and for every per- 1833, powers son who might heretofore, by virtue of either of the said recited acts, of the high have appealed or made suit to his Majesty in his high court of chancery, court of deleto appeal or make suit to the king's Majesty, his heirs or successors,
fe: red to the in council, within such time, in such manner, and subject to such rules,
King in counorders, and regulations for the due and more convenient proceeding, as cil; and no shall seem meet and necessary, and upon such security, if any, as his commission of Majesty, his heirs and successors, shall from time to time by order in review to be council direct; and that the king's Majesty, his heirs and successors, thereafter in council, shall thereupon have power to proceed to hear and determine granted. every appeal and suit so to be made by virtue of this act, and to make all such judgments, orders, and decrees in the matter of such appeal or suit as might heretofore have been made by his Majesty's commissioners appointed by virtue of either of the herein-before recited acts if this act had not been passed ; and that every such judgment, order, and decree so to be made by the king's Majesty, his heirs and successors, shall have such and the like force and effect in all respects whatsoever as the same respectively would have had if made and pronounced by the aforesaid high court of delegates ; and that every such judgment, order, and decree shall be final and definitive, and that no commission shall hereafter be granted or authorized to review any judgment or decree to be made by virtue of this
No. II. IV. Provided always, That nothing herein contained shall extend to 2 & 3 W. 4, affect any appeal now pending, or which before the said first day of c. 92. February one thousand eight hundred and thirty-three may be pending,
to his Majesty in chancery, by virtue of either of the herein-before Proviso for recited acts, or to affect the right of his Majesty to grant any such comappeals now mission under the great seal or under the half seal as aforesaid, to hear pending, or and adjudicate upon any appeal so now pending, or which may before which may be the sa first day of February one thousand eight hundred and thirtypeading previ- three be pending; and that every judgment or decree of the said high ous to 1 Feb. court of delegates ; by virtue of either of the said recited acts, already 1833.
made or hereafter to be made, in any cause so now pending or which shall be so pending as aforesaid, shall have such and the like force and effect in all respects as if this act had not been passed.
[No. III.] 2 & 3 W. IV. c. 93.-An Act for enforcing the
Process upon Contempts in the Courts Ecclesiastical of
[7th August 1832.] WHEREAS great inconvenience has been found to arise by reason of
the process of the several ecclesiastical courts in England and Ireland being inoperative and unavailable out of the limits of the respective jurisdictions of such courts, and against persons having privilege of peerage, lords of parliament, and members of the house of commons; and in many instances a failure of justice hath thereby ensued: And whereas it is expedient, for remedy thereof, that the process of the said several courts, and the means of enforcing obedience to the same, should be of equal force and have the like operation, as well in that part of the united kingdom of Great Britain and Ireland called England as in that part of the same united kingdom called Ireland, and as well against persons having privilege of peerage, lords of parliament, and members
of the house of commons, as against all other his Majesty's subjects: Where persons Be it therefore enacted, &c., That in all causes which according to the residing beyond laws of this realm are or may be cognizable in any of the several ecclethe jurisdiction siastical courts, as well in that part of the united kingdom of Great of any ecclesi- Britain and Ireland called England as in that part of the same united astical courts
kingdom called Ireland, when any person or persons, as well those which are cited to
have or hereafter shall have privilege of peerage, or are or hereafter may appear, &c.
be peers of parliament or members of the house of commons, as all others and refuse obe- who shall happen to be domiciled or residing either in England or in dience, the judge thereof
Ireland, and beyond the limits of the jurisdiction of the court in which may pronounce
such causes have been or shall have been respectively instituted or comthem contuma- menced, or shall be depending, having been duly cited to appear in any cious, and cer- such ecclesiastical court, whether in England or in Ireland, or required tify the same to to comply with any lawful order or decree, as well final as interlocutory, the lord chan- which hath been or shall have been made by any such court respectively, cellor, &c. shall neglect or refuse to pay obedience to any such lawful order or dewithin ten days, cree, or when any such person or persons shall commit a contempt in and thereupon the face of such court, or any other contempt towards such court, or a writ de contu- the process thereof, it shall be lawful for the judge or judges out of mace capiendo whose court the citation or process hath already'issued or may hereafter shall issue,
issue, or whose lawful orders or decrees have not or shall not have been son be a obeyed, or before whom such contempt in the face of the court shall be
committed, or by whose order or authority such process in respect of or towards which any such contempt shall have been committed has been or shall be awarded or issued, or the successor or successors in office of such judge or judges respectively, to pronounce such person or persons contumacious and in contempt, and within ten days after such person or persons shall have been so pronounced to be contumacious and in contempt to signify the same to the lord chancellor, lord keeper or lords commissioners for the custody of the great seal of England for the time being respectively, whenever the person or persons who shall have been
unless the per
No. III. 80 pronounced contumacious and in contempt shall be domiciled or residing in England, and within the like period of ten days to signify the 3 & 4 W. 4, same to the lord chancellor, lord keeper or lords commissioners for the
c. 93. custody of the great seal of Ireland for the time being respectively, whenever the person or persons who shall have been so pronounced contumacious and in contempt shall be domiciled or residing in Ireland, in the form annexed to an act of parliament made and passed in the fifty
53 G. 3, c. 127. third year of the reign of his late Majesty king George the third, intituled An Act for the better Regulation of Écclesiastical Courts in England, and for the more easy Recovery of Church Rates and Tithes; and thereupon, and in case the person so reputed to be in contempt shall not be a peer, lord of parliament, or member of the house of commons, a writ de contumace capiendo shall issue from his Majesty's said high court of chancery in England or in Ireland, as the case may happen, to be directed *o the same persons to whom writs de excommunicato capiendo were by law returnable before the passing of the said act of parliament, and the same shall be returnable in like manner as the writ de excommunicato capiendo had been theretofore by law returnable, and shall have the same force and effect as the last-mentioned writ; and all rules and regulations All regulations not altered by the said act of the fifty-third year of his said Majesty and provisions George the third, and which before the passing the same act applied to applying to the the said writ de excommunicato capiendo, and the proceedings following writ de excomthereupon, and particularly the several provisions contained in a certain municato, and act passed in the fifth year of the reign of queen Elizabeth, intituled proceedings An Act for the due Execution of the Writ De excommunicato capiendo, thereupon, shall extend and be applied to the said writ de contumace capiendo, and shall be applied
to the writ de the proceedings following thereupon, as if the same were herein parti
contumace. cularly repeated and enacted; and the proper officers of the said two
5 Eliz. c. 23. several high courts of chancery in England and Ireland, as the case may happen to be, are hereby authorized and required to issue such writ de contumace capiendo accordingly; and all sheriffs, gaolers, and other officers in England and in Ireland, as the case may happen to be, are hereby required and authorized to execute the same, by taking and detaining the body of the person or persons against whom the said writ shall be so directed to be executed; and upon the due appearance of the party or parties so cited and not having obeyed as aforesaid, or the due
Upon the apsubmission of the party or parties so having committed a contempt in the Submission of
pearance or face of the court, or otherwise, as herein-before is mentioned, the judge the party, the or judges of such ecclesiastical court, whether in England or in Ireland, juilge may as the case may be, shall pronounce such party or parties absolved from order him to be the contumacy and contempt aforesaid, and shall forthwith make an absolved or order upon the sheriff, gaoler, or other officer in whose custody he, she, discharged. or they shall be, in the form to the said act of the fifty-third year of the reign of his said Majesty George the third annexed, for discharging such party or parties out of custody; and such sheriff, gaoler, and other officer shall, on the said order being shown to him, so soon as such party or parties shall have discharged the costs lawfully incurred by reason of such custody and contempt, forthwith discharge him, her, or them.
II. That in all such cases as are herein-before mentioned, and which where persons are or may be cognizable in any or either of the several herein-before possessed of mentioned courts, when any person or persons, as well such person or estates, &c. in persons as have or shall hereafter have privilege of peerage, or are or
England negshall hereafter be lords of parliament or members of the house of com
lect to pay momons, as others who shall happen to be domiciled or residing either in ney ordered by England or in Ireland, have been or shall have been ordered or required, the judges may by the lawful order or decree, final or interlocutory, of any such court
pronounce such respectively, to pay any sumn or sums of money, and when any such
persons person or persons, after having been duly monished, shall refuse or macious, and neglect to comply with such monition, and to pay the sum or sums of certify the same money therein ordered to be paid by him or them, within the time and to the lord in the manner in any such order or decree mentioned or expressed, or chancellor, who No. III. a peer or lord of parliament or member of the house of commons shall 2 & 3 W. 4, refuse or withhold obedience, or shall in any way neglect to perform or c. 93. shall not perform any decree or order, final or interlocutory, of such
shall cause pro
courts as aforesaid, it shall be lawful for the judge or judges who shall cess of seques. have made such order or decree, or his or their successor or successors tration to issue in office, to pronounce the person or persons so neglecting or refusing to against the es- comply with such order or decree contumacious and in contempt, and tate of the party within ten days after such person or persons shall have been so proin England nounced contumacious and in contempt to cause a copy of such order
or decree, under the seal of the court wherein the same shall have been made, or under the hand or hands of such judge or judges, or one of them, to be exemplified, and certified to the lord chancellor, lord keeper or lords commissioners for the custody of the great seal of England for the time being respectively, whenever the person or persons who shall have been so pronounced contumacious shall be domiciled or residing, or shall be seised or possessed of or entitled to any real or personal estate, goods, chattels, or effects, situate, lying, or being in England; and the said lord chancellor, lord keeper or lords commissioners for the custody of the great seal of England, shall forthwith cause such copy of such order or decree, when it shall be presented to them respectively, so exemplified, to be inrolled in the rolls of the high court of chancery in England, and shall thereupon cause process of sequestration to issue against the real and personal estate, goods, chattels, and effects, in England, of the party or parties against whom such order or decree shall have been made, in order to enforce obedience to and performance of the same, in the same manner and form, and with the like power and effect, as if the cause wherein such order or decree shall have been made had been originally cognizable by and insti. tuted in the said court of chancery in England, and as if all and every the process of the said court of chancery in England ordinarily issuing in causes there pending antecedent to process of sequestration had been duly issued and returned in the last-mentioned court; and it shall and may be lawful for the said lord chancellor, lord keeper, or lords commissioners of the great seal in England, to make such order and orders in respect of or consequent upon such sequestration, or in respect of the real or personal estate, goods, chattels, or effects sequestrated by virtue thereof, as he or they shall from time to time think fit, or for payment of all or any of the monies levied or received by virtue thereof into the bank of England, with the privity of the accountant general of the said court of chancery in England, to the credit and for the benefit of the party or parties who shall have obtained such order or decree, if the same was for payment of money, or if not, to the credit of the high court of chancery; and the governor and company of the bank of England are hereby authorized and required to receive and hold all such monies, subject to the orders of the said court of chancery: Provided always, That no such monies shall be charged with or subject to poundage when the same shall be paid out by order of the said
court. The like provi
III. That in all such causes as are herein before mentioned, and sion as to per before mentioned courts, when any person or persons, as well such
which are or may be cognizable in any of either of the several hereinof estates, &c. person or persons as have or shall hereafter have privilege of peerage, or in Ireland. are or shall hereafter be lords of parliament or members of the house of
commons, as others, who shall happen to be domiciled or residing either in England or in Ireland, hath or have been or shall have been ordered or required by the lawful order or decree, final or interlocutory, of any such court respectively, to pay any sum or sums of money, or to do any other act or thing, and when any such person or persons, after having been duly personally served with a copy or copies of such order or decree, shall refuse or neglect to comply therewith, or to pay the sum or sums of money therein ordered to be paid by him or them, or to do the act or thing required by such order to be done, within the time and