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XIV. And whereas by an act passed in the thirteenth year of his late 3 & 4 W. 4, Majesty king George the third, intituled An Act for establishing certain c. 41.
Regulations for the better Management of the Affairs of the East India
Company, as well in India as in Europe, and by an act passed in the first Powers, &c. of year of the reign of his present Majesty, and intituled An Act to enable the 13 G. 3, c. 63, Courts of Law to order the Examination of Witnesses upon Interrogotories and 16.4.c.22, and otherwise, certain powers are given to certain courts therein menwith regard to tioned to enforce, and provisions are made for the examination of witexamination of nesses by commission, upon interrogatories and otherwise; be it ther witnesses ap- fore further enacted, That all the powers and provisions contained in the plied to the ju- two last mentioned acts, or either of them, shall extend to and be dicial com
exercised by the said judicial committee in all respects as if such committee.
mittee had been therein named as one of his Majesty's courts of law at
Westminster. Costs to be in
XV. That the costs incurred in the prosecution of any appeal or the discretion matter referred to the said judicial committee, and of such issues as the of the com- same committee shall under this act direct, shall be paid by such party mittee. or parties, person or persons, and be taxed by the aforesaid registrar, or
such other person or persons, to be appointed by his Majesty in council or the said judicial committee, and in such manner as the said com
mittee shall direct. Decrees to be XVI. That the orders or decrees of his Majesty in council made, in enrolled. pursuance of any recommendation of the said judicial committee, in any
matter of appeal from the judgment or order of any court or judge, shall be enrolled, for safe custody, in such manner, and the same may be inspected and copies thereof taken under such regulations, as his Majesty
in council shall direct. Committee may
XVII. That it shall be lawful for the said committee to refer any refer matters to matters to be examined and reported on to the aforesaid registrar, or to registrar in
such other person or persons as shall be appointed by his Majesty in
council or by the said judicial committee, in the same manner and for by court of
the like purposes as matters are referred by the court of chancery to a chancery re
master of the said court; and that for the purposes of this act the said ferred to a
registrar and the said person or persons so to be appointed shall have the same powers and authorities as are now possessed by a master in Chancery.
XVIII. That it shall be lawful for his Majesty, under his sign manual, appoint regis. to appoint any person to be the registrar of the said privy council, as
regards the purposes of this act, and to direct what duties shall be per
formed by the said registrar. Attendance of XIX. s'hat it shall be lawful for the president for the time being of witnesses, and the said privy council to require the attendance of any witnesses, and production of the production of any deeds, evidences, or writings, by writ to be
issued by such president in such and the same form, or as nearly as may may be com
be, as that in which a writ of subpæna ad testificandum or of subpæna pelled by
duces tecum is now issued by his Majesty's court of king's bench at subpæna.
Westminster; and that every person disobeying any such writ so to be issued by the said president shall be considered as in contempt of the said judicial committee, and shall also be liable to such and the same penalties and consequences as if such writ had issued out of the said court of king's bench, and may be sued for such penalties in the said court.
XX. That all appeals to his Majesty in council shall be made within pealing. such times respectively within which the same may now be made, where
such time shall be fixed by any law or usage, and where no such law or usage shall exist, then within such time as shall be ordered by his Majesty in council; and that, subject to any right subsisting under any charter or constitution of any colony or plantation, it shall be lawful for his Majesty in council to alter any usage as to the time of making appeals, and to make any order respecting the time of appealing to his
Majesty in council. Decrees for ÅXI. That the order or decree of his Majesty in council on any appeal courts abroad from the order, sentence, or decree of any court of justice in the East to be carried
same manner as matters are
The king may
Time of ap
courts to a
Indies, or of any colony, plantation, or other his Majesty's dominions No. I abroad, shall be carried into effect in such manner, and subject to such 3 & 4 W. 4, limitations and conditions, as his Majesty in council shall, on the re- c. 41. commendation of the said judicial committee, direct; and it shall be lawful for his Majesty in council, on such recommendation, by order, to into effect as direct that such court of justice shall carry the same into effect accord- the king in ingly, and thereupon such court of justice shall have the same powers of council shall carrying into effect and enforcing such order or decree as are possessed
direct. by or are hereby given to his Majesty in council: Provided always, That nothing in this act contained shall impeach or abridge the powers, Act not to jurisdiction, or authority of his Majesty's privy council as heretofore abridge powers exercised by such council, or in anywise alter the constitution or duties of privy council. of the said privy council, except so far as the same are expressly altered by this act, and for the
aforesaid. XXII. And whereas various appeals to his Majesty in council from His Majesty the courts of Sudder Dewanny Adawlut at the several presidencies of may direct the Calcutta, Madras, and Bombay in the East Indies, have been admitted East India by the said courts, and the transcripts of the proceedings in appeal have company to been from time to time transmitted under the seal of the said courts, bring on apthrough the united company of merchants in England trading to the peals from the East Indies, to the office of his Majesty's said privy council, but the Sudder Desuitors in the causes so appealed have not taken the necessary measures
wanny Adawlut to bring on the same to a hearing; be it therefore further enacted by
hearing the authority aforesaid, That it shall be lawful for his Majesty in council to give such directions to the said united company and other persons for the purpose of bringing to a hearing before the said committee the several cases appealed or hereafter to be appealed to his Majesty in council from the several courts of Sudder Dewanny Adawlut in the East Indies, and for appointing agents and counsel for the different parties in such appeals, and to make such orders for security and payment of the costs thereof, as his said Majesty in council shall think fit; and thereupon such appeals shall be heard and reported on to his Majesty in council, and shall be by his Majesty in council determined in the same manner, and the judgments, orders, and decrees of his Majesty in council thereon shall be of the same force and effect, as if the same had been brought to a hearing by the direction of the parties appealing in the usual course of proceeding : Provided always, That such such lastmentioned powers shall not extend to any appeals from the said courts of Sudder Dewanny Adawlut other than appeals in which no proceedings have been or shall hereafter be taken in England on either side for a period of two years subsequent to the admission of the appeal by such court of Sudder Dewanny Adawlut.
XXIII. That in any case where any order shall have been made on Orders made any such appeal as last aforesaid, the same shall have full force and on such appeals effect notwithstanding the death of any of the parties interested therein; to have effect but that in all cases where any such appeal may have been withdrawn notwithstandor discontinued, or any compromise made in respect of the matter in ing death of dispute, before the hearing thereof, then the determination of his Ma- parties, &c. jesty in council in respect of such appeal shall have no effect.
XXIV. That it shall be lawful for his Majesty in council from time to His Majesty time to make any such rules and orders as may be thought fit for the empowered to regulating the mode, form, and time of appeal to be made from the de- make orders. cisions of the said courts of Sudder Dewanny Adawlut, or any other for regulating courts of judicature in India or elsewhere to the eastward of the Cape the mode, &c. of Good Hope (from the decisions of which an appeal lies to his Majesty in council), and in like manner from time to time to make such other
peals. regulations for the preventing delays in the making or hearing such appeals, and as to the expences attending the said appeals, and as to the amount or value of the property in respect of which any such appeal may be made.
XXV. And whereas by an act of parliament passed in the fifty- Ilis Majesty seventh year of the reign of his Majesty king George the third, intituled empowered to
of such ap
No. I. An Act to facilitate the hearing and determining of Suits in Equity in His 3 & 4 W.4, Majesty's Courts of Exchequer at Westminster, it was enacted that the c. 41. lord chief baron of the said court for the time being should have power
to hear and deterinine all causes, matters, and things which should be appoint one of at any time depending in the said court of exchequer as a court of the barons of equity, and that if the said lord chief baron of the court of excheqner the court of
should by sickness or any other unavoidable cause be prevented from exchequer to
sitting on the equity side of the said court for the purposes in the said sit in equity in act mentioned, then it should and might be lawful for his Majesty and the absence of his successors to nominate and appoint from time to time by warrant the chief baron.
under the royal sign manual, revocable at pleasure, any one other of the barons of the degree of the coif of the said court for the time being, to hear and determine the causes, matters, and things in the said act mentioned: And whereas by reason of the great increase of business on the common law or plea side of the said court of exchequer the lord chief baron is prevented from giving so much time as heretofore to the sittings on the equity side of the said court, and the sittings on such equity side of the said court being necessarily suspended during the absence of the lord chief baron, great inconvenience is thereby sustained by the suitors and practitioners on the equity side of the said court : And whereas the lord chief baron may by this act become liable to the performance of other additional duties unconnected with the said court of exchequer, and it is desirable that the said court of exchequer should sit as a court of equity without any unnecessary interruption, for the purpose of hearing and determining causes, matters, and things depending in the said court as a court of equity: And whereas doubts have arisen whether or not the above-recited act extends to cases of the lord chief baron being prevented from sitting by the performance of judicial duties elsewhere; be it therefore declared and enacted, That it shall and may be lawful for his Majesty and his successors to nominate and appoint from time to time by warrant under the royal sign manual, revocable at pleasure, any one of the barons of the degree of the coif of the said court for the time being to hear and determine con such days as the lord chief baron of the said court shall sit on the common law side of the said court during the term, or shall preside at the sittings at nisi prius in London or Middlesex after the term, or shall attend at the judicial committee of his Majesty's privy council under the provisions of this act) all causes, matters, and things which shall at any time be de
pending in the said court of exchequer as a court of equity. Two judges of XXVI. That during the absence of the chief judge in bankruptcy the court of from the court of review established by virtue of an act passed in the bankruptcy to first and second year of his present Majesty, intituled An Act to establish act for the chief
a Court in Bankruptcy, by reason of his attendance at the said judicial judge of the
committee by virtue of this act, any two judges of the said court shall court of review during his at
and may form a court of review in bankruptcy, and shall and may make, tendance at the do, and execute all orders, acts, matters, powers, and things whatsoever said judicial which by virtue of the said act the judges of the said court or any three committee. of them are authorized to make, do, or execute, and in all respects
whatsoever as if three of the said judges were present, except that nothing herein contained shall authorize any two judges of the said court to hear and determine any matter brought under the review of the said court by way of appeal from the determination or decision of any
commissioner or subdivision court appointed by virtue of the said act. Powers of act XXVII. That all the clauses and provisions contained in the said act 57 G.3 extend- of parliament which relate to the baron nominated and appointed under ed to this act.
that act shall apply and be extended to the baron nominated and ap
pointed under the authority of this act. Power of en- XXVIII. That the said judicial committee shall have and enjoy in all forcing decrees. respects such and the same power of punishing contempts and of com
pelling appearances, and that his Majesty in council shall have and enjoy in all respects such and the same powers of enforcing judgments, decrees, and orders, as are now exercised by the high court of chancery
or the court of king's bench, (and both in personam and in rem,) or as are No. I. given to any court ecclesiastical by an act of parliament passed in a ses- 3 & 4 W. 4, sion of parliament of the second and third years of the reign of his present Majesty, intituled An Act for enforcing the Process upon Contempts in the Courts Ecclesiastical of England and Ireland ; and that all such 2 & 3 W. 4, powers as are given to courts ecclesiastical, if of punishing contempts c. 93. or of compelling appearances, shall be exercised by the said judicial committee, and if of enforcing decrees and orders shall be exercised by his Majesty in council, in such and the same manner as the powers in and by such act of parliament given, and shall be of as much force and effect as if the same had been thereby expressly given to the said committee or to his Majesty in council.
XXIX. That, subject to such orders as his Majesty in council shall Registrar of from time to time make, it shall be lawful for the present registrar of court of admithe high court of Admiralty, if he shall so think fit, either in person or ralty may by deputy, to attend the hearing by the said judicial committee of all attend the said causes and appeals which, but for this act or the said last-mentioned judicial com
mittee. act, would have been heard by any court or commission which such registrar was entitled to attend, in person or by deputy, by virtue of his offices of registrar of the high courts of admiralty, delegates, and appeals for prizes, and likewise, subject to any order of his Majesty in council, to transact, perform, and do all acts, matters, and things that shall be found necessary, or have heretofore been done by the said registrar or his deputies in respect of such causes and appeals.
XXX. That two members of his Majesty's privy council who shall Retired judges have held the office of judge in the East Indies or any of his Majesty's attending the dominions beyond the seas, and who, being appointed for that purpose judicial comby his Majesty, shall attend the sittings of the judicial committee of the mittee to re
ceive an allow. privy council, shall severally be entitled to receive over and above any annuity granted to them in respect of having held such office as aforesaid, the sum of four hundred pounds for every year during which they shall so attend as aforesaid, as an indemnity for the expence which they may thereby incur; and such sum of four hundred pounds shall be chargeable upon and paid out of the consolidated fund of the united kingdom of Great Britain and Ireland.
XXXI. Provided always, That nothing herein contained shall be held Nothing herein to impeach or render void any treaty or engagement already entered into shall prevent by or on behalf of his Majesty, or be taken to restrain his Majesty from the King's acacceding to any treaty, with any foreign prince, potentate, or power, in ceding to trea which treaty it shall be stipulated that any person or persons other than lies appointing the said judicial committee shall hear and finally adjudicate appeals from
persons his Majesty's courts of admiralty in causes of prize, but that the judg
to hear prize ments, decrees, and orders of such other person or persons so appointed
appeals. by treaty shall be of the same force and effect of which they would respectively have been if this act had not been passed.
COURTS OF EQUITY. (1)
[No. I.] 1 W. IV. c. 36.-An Act for altering and amend
ing the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso.
[16th July 1830.) WHEREAS by two several acts, the one passed in the fifth year of the 5 G. 2, c. 25. reign of his late Majesty George the second, intituled An Act for
making Process in Courts of Equity effectual against Persons who abscond and cannot be served therewith, or refuse to appear; and the other, passed
in the forty-fifth year of the reign of his late Majesty king George the 45 G. 3, c. 124. third, intituled An Act to amend an Act passed in the Fourth Year of His
present Majesty, intituled ' An Act for preventing inconveniences arising in cases of Merchants, and such other persons as are within the description of the statutes relating to Bankrupts, being entitled to privilege of Parliament and becoming insolvent, and to prevent delay in the entering appear. ances in actions brought against Persons haviny Privilege of Parliament;' certain provisions were made for entering appearances and taking bills in equity pro confesso : And whereas it is expedient to alter and amend and to consolidate the laws on that subject ; and it is also expedient to
alter and amend the law relating to commitments by courts of equity for Recited act
contempts; be it therefore enacted, &c., That the whole of the said recited 5 G. 2, and so act of the fifth year of king George the second, and so much of the said much of recited act of the forty-fifth year of his late Majesty George the third, as 45 G. 3, as re- relates to courts of equity, and the reading of bills of discovery as evidence, lates to courts shall be and the same are hereby repealed; but so as not to affect any of equity, and thing done or executed in pursuance thereof respectively; and any suit, the reading of matter, or thing now in progress under the authority of the said acts bills of disco- respectively, and not completed, shall or may be completed under the very as evidence,rcpealed.
powers of this act; and all the powers of this act shall or may be exercised as well in regard to new suits, commitments, discharges, conveyances, fines, recoveries, matters, or things, as to suits, commitments, discharges, conveyances, fines, recoveries, matters, orthings now subsisting or remaining to be made, done, or perfected, whether the powers of the said
acts or any of them respectively shall or shall not have been applied thereto. Warden of the II. That the warden of the Fleet prison shall keep a register of the fleet to keep a names of all persons committed by the courts of equity for contempts, register of per- stating the dates and the grounds of their several commitments, and the sons committel, dates of their respective discharges, and shall, on the twentieth day of and report four January, the twentieth day of April, the twentieth day of July, and the times a year to twentieth day of October, in every year, make a report to the lord the lord chan- chancellor of the names and descriptions of such prisoners in his cuscellor.
tody on each of such days respectively, with the causes and dates of
their respective commitments. Manner of pro- III. And whereas sometimes persons have withdrawn themselves ceeding in case beyond the seas, or otherwise absconded, to avoid appearing in courts of persons not of equity, or being served with process for that purpose, or being brought appearing
(1) For the acts with respect to conveyances by infants, lunatics, &c. and the powers of the courts of equity in relation thereto, see ante, Part II., Class VI.