in the manner in any such order or decree mentioned or expressed, it shall be lawful for the judge or judges who shall have made such order or decree, or his or their successor or successors in office, to pronounce the person or persons so neglecting or refusing to comply with such order or decree contumacious and in contempt, and within ten days after such person or persons shall have been so pronounced 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 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, or shall be seised or possessed of or entitled to any real or personal estate, goods, chattels, or effects, situate, lying or being in Ireland, and within the like period of ten days and after such last-mentioned person or persons shall have been pronounced contumacious and in contempt to cause a copy of such order or decree to be exemplified, and certified in manner herein-before mentioned to the barons of his Majesty's court of exchequer in that part of the united kingdom called Ireland, whenever the person or persons who shall have been so pronounced contumacious and in contempt 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 Ireland; and the said lord chancellor, lord keeper or lords commissioners for the custody of the great seal of Ireland, 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 Ireland, and shall thereupon cause process of sequestration to issue against the real and personal estate, goods, chattels, and effects, in Ireland, 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 instituted in the said court of chancery in Ireland, and as if all and every the process of the said court of chancery in Ireland 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 Ireland, to make such order or orders in respect of or consequent upon such sequestration, or in respect of the real or personal estate, goods, chattels, or effects sequestered 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 Ireland, with the privity of the accountant general of the said court of chancery in Ireland, 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 the payment of money, or if not, then to the credit of the said high court of chancery; and the governor and company of the said bank of Ireland are hereby authorized and required to receive and hold all such monies, subject to the orders of the said court of chancery in Ireland: Provided always, That no such monies shall be charged with or subject to poundage for the usher of the said court of chancery in Ireland, or otherwise, when the same shall be paid out by order of the last-mentioned court.

No. III

2 & 3 W. 4, c. 93.

IV. That none of the provisions of this act shall extend to any order Act not to exor decree, or the refusing or neglecting to perform any order or decree, tend to orders which shall have been made more than six years before the passing of made six years this act.

since.

V. That if any action or suit shall be brought or commenced for any Limitation of thing done in pursuance of this act, every such action or suit shall be actions. commenced within three calendar months next after the fact committed,

R R

No. III.

2 & 3 W. 4, c. 93.

and not afterwards, and shall be laid and tried in the city or county wherein the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence at General issue. any trial to be had thereupon, and that the same was done in pursuance or by the authority of this act; and if the same shall appear to have been so done, or if any action or suit shall be brought after the time limited for bringing the same, or shall be laid in any other city, county, or place than as aforesaid, then the judge shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or suffer a discontinuance of their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and shall have such remedy for the same as any defendant or defendants hath or have for costs of suit in any other case by law.

Treble costs.

PART IV.

CLASS XXIV.-A.

PRIVY COUNCIL.

[No. I.] 3 & 4 W. IV. c. 41.-An Act for the better Administration of Justice in His Majesty's Privy Council.

[14th August 1835.]

WHEREAS by virtue of an act passed in a session of parliament of

the second and third years of the reign of his present Majesty, inti- 2 & 3 W. 4, tuled An Act for transferring the Powers of the High Court of Delegates, c. 92. both in Ecclesiastical and Maritime Causes, to his Majesty in Council, in was enacted, that from and after the first day of February one thousand eight hundred and thirty-three it should be lawful for every person who

might theretofore, by virtue either of an act passed in the twenty-fifth 25 H. 8, c. 19. year of the reign of king Henry the eighth, intituled The submission of

the Clergy and Restraint of Appeals, or of an act passed in the eighth 8 Eliz. c. 5. year of the reign of queen Elizabeth, intituled For the avoiding of tedious suits in Civil and Marine Causes, have appealed or made suit to his Majesty in his high court of chancery, to appeal or make suit to the king's Majesty, his heirs or successors, in council, within such time, in such manner, and subject to such rules, orders, and regulations for the due and more convenient proceeding, as should seem meet and necessary, and upon such security, if any, as his Majesty, his heirs and successors, should from time to time by order in council direct: And whereas, by letters patent under the great seal of Great Britain, certain persons, members of his Majesty's privy council, together with others, being judges and barons of his Majesty's courts of record at Westminster, have been from time to time appointed to be his Majesty's commissioners for receiving, hearing, and determining appeals from his Majesty's courts of admiralty in causes of prize: And whereas, from the decisions of various courts of judicature in the East Indies, and in the plantations, colonies, and other dominions of his Majesty abroad, an appeal lies to his Majesty in council: And whereas matters of appeal or petition to his Majesty in council have usually been heard before a committee of the whole of his Majesty's privy council, who have made a report to his Majesty in council, whereupon the final judgment or determination hath been given by his Majesty: And whereas it is expedient to make certain provisions for the more effectual hearing and reporting on appeals to his Majesty in council and on other matters, and to give such powers and jurisdiction to his Majesty in council as herein-after mentioned: Be it therefore enacted, &c., That the president Certain persons for the time being of his Majesty's privy council, the lord high chan- to form a comcellor of Great Britain for the time being, and such of the members of mittee, to be his Majesty's privy council as shall from time to time hold any of the styled "The offices following, that is to say, the office of lord keeper or first lord com- Judicial Commissioner of the great seal of Great Britain, lord chief justice or judge of mittee of the the court of king's bench, master of the rolls, vice chancellor of England, Privy Council." lord chief justice or judge of the court of common pleas, lord chief baron or baron of the court of exchequer, judge of the prerogative court of the lord archbishop of Canterbury, judge of the high court of admiralty and chief judge of the court of bankruptcy, and also all persons members of his Majesty's privy council who shall have been president thereof or held the office of lord chancellor of Great Britain, or shall have held any of the other offices herein-before mentioned, shall form a committee of his Majesty's said privy council, and shall be styled "The

No. I.

3 & 4 W. 4,

c. 41.

council.

Judicial Committee of the Privy Council: " Provided nevertheless, that it shall be lawful for his Majesty from time to time, as and when he shall think fit, by his sign manual, to appoint any two other persons, being privy councillors, to be members of the said committee.

Appeals from II. That from and after the first day of June one thousand eight vice admiralty hundred and thirty-three all appeals or applications in prize suits and in courts abroad, all other suits or proceedings in the courts of admiralty, or vice admiralty &c. to be made courts, or any other court in the plantations in America and other his to the king in Majesty's dominions or elsewhere abroad, which may now, by virtue of any law, statute, commission, or usage, be made to the high court of admiralty in England, or to the lords commissioners in prize cases, shall be made to his Majesty in council, and not to the said high court of admiralty in England or to such commissioners as aforesaid; and such appeals shall be made in the same manner and form and within such time wherein such appeals might, if this act had not been passed, have been made to the said high court of admiralty or to the lords commissioners in prize cases respectively; and that all laws or statutes now in force with respect to any such appeals or applications shall apply to any appeals to be made in pursuance of this act to his Majesty in

All appeals from sentence of any judge,

&c. to be referred by his Majesty to the committee, to

report thereon.

His Majesty may refer any

other matters

to committee.

No matter to

be heard unless in presence of four members of the committee.

In case the king directs the at

council.

III. That all appeals or complaints in the nature of appeals whatever, which, either by virtue of this act, or of any law, statute, or custom, may be brought before his Majesty or his Majesty in council from or in respect of the determination, sentence, rule, or order of any court, judge, or judicial officer, and all such appeals as are now pending and unheard, shall from and after the passing of this act be referred by his Majesty to the said judicial committee of his privy council, and that such appeals, causes, and matters shall be heard by the said judicial committee, and a report or recommendation thereon shall be made to his Majesty in council for his decision thereon as heretofore, in the same manner and form as has been heretofore the custom with respect to matters referred by his Majesty to the whole of his privy council or a committee thereof, (the nature of such report or recommendation being always stated in open court).

IV. That it shall be lawful for his Majesty to refer to the said judicial committee for hearing or consideration any such other matters whatsoever as his Majesty shall think fit, and such committee shall thereupon hear or consider the same, and shall advise his Majesty

thereon in manner aforesaid.

V. That no matter shall be heard, nor shall any order, report, or recommendation be made by the said judicial committee, in pursuance of this act, unless in the presence of at least four members of the said committee; and that no report or recommendation shall be made to his Majesty unless a majority of the members of such judicial committee present at the hearing shall concur in such report or recommendation : Provided always, that nothing herein contained shall prevent his Majesty if he shall think fit, from summoning any other of the members of his said privy council to attend the meetings of the said committee.

VI. That in case his Majesty shall be pleased, by directions under his sign manual, to require the attendance at the said committee for the tendance of any purposes of this act of any member or members of the said privy counjudge, a member of the comcil who shall be a judge or judges of the court of king's bench, or of the mittee, the court of common pleas, or of the court of exchequer, such arrangeother judges of ments for dispensing with the attendance of such judge or judges upon his or their ordinary duties during the time of such attendance at the which he be- privy council as aforesaid shall be made be by the judges of the court longs to make or courts to which such judge or judges shall belong respectively in arrangements regard to the business of the court, and by the judges of the said three with regard to courts, or by any eight or more of such judges, including the chiefs of the business of the several courts, in regard to all other duties, as may be necessary and consistent with the public service.

the court to

the court.

Evidence may

be taken viva

VII. That it shall be lawful for the said judicial committee, in any

matter which shall be referred to such committee, to examine witnesses

No. I.

c. 41.

by word of mouth, (and either before or after examination by deposition,) 3 & 4 W. 4, or to direct that the depositions of any witness shall be taken in writing by the registrar of the said privy council, to be appointed by his Majesty as herein-after mentioned, or by such other person or voce, or upon persons, and in such manner, order, and course as his Majesty in coun- written deposicil or the said judicial committee shall appoint and direct; and that the tions. said registrar and such other person or persons so to be appointed shall have the same powers as are now possessed by an examiner of the high court of chancery or of any court ecclesiastical.

VIII. That in any matter which shall come before the said judicial Committee may committee it shall be lawful for the said committee to direct that such order any parwitnesses shall be examined or re-examined and as to such facts as to the ticular witsaid committee shall seem fit, notwithstanding any such witness may nesses to be not have been examined, or no evidence may have been given on any such examined, and facts in a previous stage of the matter; and it shall also be lawful for as to any particular facts, his Majesty in council, on the recommendation of the said committee, and may remit upon any appeal, to remit the matter which shall be the subject of such causes for reappeal to the court from the decision of which such appeal shall have been hearing. made, and at the same time to direct that such court shall rehear such matter, in such form, and either generally or upon certain points only, and upon such rehearing take such additional evidence, though before rejected, or reject such evidence before admitted, as his Majesty in council shall direct: and further, on any such remitting or otherwise, it shall be lawful for his Majesty in council to direct that one or more feigned issue or issues shall be tried in any court in any of his Majesty's dominions abroad, for any purpose for which such issue or issues shall to his Majesty in council seem proper.

IX. That every witness who shall be examined in pursuance of this Witnesses to be act shall give his or her evidence upon oath, or if a Quaker or Moravian examined on upon solemn affirmation, which oath and affirmation respectively shall oath, and to be be administered by the said judicial committee and registrar, and by liable to punishsuch other person or persons as his Majesty in council or the said judi- ment for cial committee shall appoint; and that every such witness who shall perjury. wilfully swear or affirm falsely shall be deemed guilty of perjury, and shall be punished accordingly.

X. That it shall be lawful for the said judicial committee to direct one Committee may or more feigned issue or issues to be tried in any court of common law, direct an issue and either at bar, before a judge of assize, or at the sittings for the trial to try any fact; of issues in London or Middlesex, and either by a special or common jury, in like manner and for the same purpose as is now done by the high court of chancery.

XI. That it shall be in the discretion of the said judicial committee may, in certain to direct that, on the trial of any such issue, the depositions already cases, direct taken of any witness who shall have died, or who shall be incapable to depositions to give oral testimony, shall be received in evidence; and further, that be read at the such deeds, evidences, and writings shall be produced, and that such trial of the facts shall be admitted, as to the said committee shall seem fit. issue;

XII. That it shall be lawful for the said judicial committee to make may make such such and the like orders respecting the admission of persons, whether orders as to the parties or others, to be examined as witnesses upon the trial of any such admission of issues as aforesaid, as the lord high chancellor or the court of chan- evidence as is cery has been used to make respecting the admission of witnesses upon made by the the trial of issues directed by the lord chancellor or the court of court of canchancery.

cery;

XIII. That it shall be lawful for the said judicial committee to direct and may direct one or more new trial or new trials of any issue, either generally or new trials of upon certain points only; and that in case any witness examined at a issues. former trial of the same issue shall have died, or have, through bodily or mental disease or infirmity, become incapable to repeat his testimony, it shall be lawful for the said committee to direct that parol evidence of the testimony of such witness shall be received.