Jurisdiction of of any other of the High Courts established or to be established under the said Act, and to Council to alter authorize and empower any High Court to exercise all or any Portion of the Jurisdiction local Limits of and Powers conferred or to be conferred on it by Her Majesty's Letters Patent establishing High Courts. the same, or any other Letters Patent issued by Her Majesty under the Provisions of the above-recited Act of the Twenty-fourth and Twenty-fifth Years of Her Majesty, within any such Portions of Her Majesty's Dominions in India, not included within the Limits of the Presidency or Place or Places for which such High Court was established, as the said Governor General in Council may from Time to Time determine, and also to exercise any such Jurisdiction in respect of Christian Subjects of Her Majesty resident within the Dominions of such of the Princes and States of India in alliance with Her Majesty as the said Governor General in Council may, in manner aforesaid, from Time to Time determine, anything in the said recited Act of the Twenty-fourth and Twenty-fifth Years of Her present Majesty notwithstanding. allow any that Purpose. 4. Whenever any such Order has been passed by the Governor General in Council, he Power to shall transmit to the Secretary of State for India an authentic Copy thereof; and it shall Crown to disbe lawful for Her Majesty to signify, through the Secretary of State for India in Council, Order of the Her Disallowance of such Order; and such Disallowance shall make void and annul such Governor Order from and after the Day on which the Governor General shall make known by Pro- General for clamation, or by Signification to his Council, that he has received the Notification of such Disallowance by Her Majesty: Provided always, that all Acts, Proceedings, and Judgments done, taken, or given by such High Courts, and not set aside by any competent Authority before the Promulgation or Signification as aforesaid of such Disallowance by Her Majesty, shall be deemed to be and to have been valid and effectual for all Purposes whatever, such Disallowance notwithstanding. 5. So much of this Act as relates to the Jurisdiction of the High Court shall commence Time when and come into operation as soon as the same shall have been published by the Governor Act shall come into operation. General in Council. 6. Nothing in this Act contained shall interfere with the Powers of the Governor General Not to interfere in Council at Meetings for the Purpose of making Laws and Regulations. with certain Powers of Governor General. CA P. XVI. An Act to make further Provision for the Management of the Unredeemed Public Debt in Ireland, and for the Reduction of the Interest payable on certain Sums advanced by the Bank of Ireland for the Public Service. [7th April 1865.] WHEREAS it has been agreed that the Rate of Interest hitherto payable to the Governor and Company of the Bank of Ireland on the Amount advanced for the Public Service shall be reduced, and that Provision shall be made for Payment to the ' said Governor and Company for their Management of the Unredeemed Public Debt in Ireland: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: Provisions of 1. From and after the Sixth Day of April One thousand eight hundred and sixty-five, From 6th April so much of the Second Section of an Act passed in the Eighth and Ninth Years of the 1865 certain Reign of Her present Majesty, Chapter Thirty-seven, intituled An Act to regulate the Issue 8 & 9 Vict. of Bank Notes in Ireland, and to regulate the Repayment of certain Sums advanced by the c. 37. repealed. Governor and Company of the Bank of Ireland for the Public Service, as relates to the Payment of Interest on said Sums amounting to Two millions six hundred and thirty thousand seven hundred and sixty-nine Pounds Four Shillings and Eightpence, and the whole of the Third Section of the said Act, shall be and the same are hereby repealed. 2. There shall be paid to the Governor and Company of the Bank of Ireland, on the Interest paySixth Day of April One thousand eight hundred and sixty-five, out of the Consolidated able to Bank of Fund Ireland. From 6th April 1865, Interest on the Debt to the Bank of Ireland to be Fund of the United Kingdom of Great Britain and Ireland, Interest on the said Sum of 3. From and after the Sixth Day of April One thousand eight hundred and sixty-five, there shall be paid and payable to the Governor and Company of the said Bank of Ireland, out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, in respect of the said Capital Sum of Two millions six hundred and thirty thousand seven reduced to £3. hundred and sixty-nine Pounds Four Shillings and Eightpence, now due to them by the per Cent. per Public, an Annuity of Seventy-eight thousand nine hundred and twenty-three Pounds One Shilling and Sixpence, being an Interest or Annuity of Three per Centum per Annum, by Two equal half-yearly Payments, on the Eleventh Day of October and the Sixth Day of April in each Year. Ann. As to future Bank of Ireland for Management of the Public Debt in Ireland. 4. There shall be paid to the Governor and Company of the Bank of Ireland, on some Payment to the Day between the Sixth Day of April and the Fifth Day of July One thousand eight hundred and sixty-six, out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, or out of the growing Produce thereof, for their Charges in the Management of the Unredeemed Public Debt in Ireland for the Year ending on the Fifth Day of April One thousand eight hundred and sixty-six, and in the like Manner on some Day between the Sixth Day of April and the Fifth Day of July in every succeeding Year, for the Management of the Debt during the preceding Year ended on the Fifth Day of April, in cach Year until the Fifth Day of April One thousand eight hundred and eighty-six, and thenceforth in any and every succeeding Year, until Parliament shall otherwise direct, Remuneration at the Rates following; that is to say, Commissioners of National Debt to trans mit to Treasury Statement of 1st. While the whole of such Unredeemed Debt in the Books of the Bank of Ireland, computed as herein-after mentioned, shall be less than Thirty million Pounds, a Sum at the Rate of Four hundred and fifty Pounds per Annum for each Million of the Capital: 2d. While the whole of such Unredeemed Debt shall amount to Thirty million Pounds and shall not exceed Forty million Pounds, a Sum at the Rate of Three hundred Pounds per Annum for each Million of the Capital : 3d. While the whole of such Unredeemed Debt shall exceed Forty million Pounds, a Sum at the Rate of Three hundred Pounds per Annum for every Million of the Capital up to Forty million Pounds, and a Sum at the Rate of One hundred and fifty Pounds per Annum for every Million of the Capital in excess of that Amount: Provided always, that in estimating the Amount of Unredeemed Debt for the Purposes of this Act Annuities for Terms of Years shall be taken into account, and shall for the Purpose of making a nominal Capital be valued at Fifteen Years Purchase, if originally granted for a Term exceeding Fifty Years, and at Ten Years Purchase, if granted for a Term of Fifty Years or under. 5. The Commissioners for the Reduction of the National Debt shall transmit to the Commissioners of the Treasury, as soon after the Fifth Day of April One thousand eight hundred and sixty-five as conveniently may be, a Statement of the total Capital of the Unredeemed Public Debt in Ireland as it stands on the said Fifth Day of April One thousand eight hundred and sixty-five in which Annuities shall be valued as aforesaid; and the Allowance to the said Governor and Company of the Bank of Ireland for the Management of the said Unredeemed Debt in Ireland for the Year ending the Fifth Day of April Management to One thousand eight hundred and sixty-six shall be computed on the said Capital, and shall the Amount of the Debt in Ireland, and Allowance for be computed thereon. be paid to the said Governor and Company out of the said Consolidated Fund or the growing Produce thereof in One Sum before the Fifth Day of July One thousand eight hundred and sixty-six, and the Allowance for such Management shall be computed and paid in like Manner in every succeeding Year. CA P. XVII. An Act to enlarge the Powers of the Governor General of India in Council WHEREAS by an Act passed in the Session holden in the Twenty-fourth and 24 & 25 Vict. Twenty-fifth Years of the Reign of Her present Majesty, Chapter Sixty-seven, it c. 67. was, among other things, enacted, that the Governor General of India in Council shall ' have Power, at Meetings for the Purpose of making Laws and Regulations, to make Laws and Regulations for all Persons, whether British or Native, Foreigners or others, within 'the Indian Territories under the Dominion of Her Majesty, and for all Servants of the 'Government of India within the Dominions of Princes and States in alliance with Her Majesty: And whereas it is expedient to enlarge the said Power by authorizing the Governor General of India in Council to make Laws and Regulations for all British Subjects of Her Majesty within the Dominions of such Princes and States:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. The Governor General of India shall have Power, at Meetings for the Purpose of making Laws and Regulations, to make Laws and Regulations for all British Subjects of Her Majesty within the Dominions of Princes and States in India in alliance with Her Majesty, whether in the Service of the Government of India or otherwise. 2. The preceding Section shall be read with and taken as Part of Section Twenty-two of the said Act of the Twenty-fourth and Twenty-fifth Years of Her Majesty, Chapter Sixty-seven. Governor Ge- Government of as Part of s. 22. 3. And whereas it is expedient to amend the Law respecting the Territorial Limits of Sect. 18. of the several Presidencies and Lieutenant Governorships in India:' Section Eighteen of 16 & 17 Vict. the Act of the Sixteenth and Seventeenth Years of the Reign of Her present Majesty, c. 95. repealed. Chapter Ninety-five, intituled An Act to provide for the Government of India, is hereby repealed. appoint Territorial Limits of 4. It shall be lawful for the Governor General of India in Council from Time to Time Power to Governor to declare and appoint, by Proclamation, what Part or Parts of the Indian Territories for General to the Time being under the Dominion of Her Majesty shall be or continue subject to each of the Presidencies and Lieutenant Governorships for the Time being subsisting in such Territories, and to make such Distribution and Arrangement, or new Distribution and Arrangement, of such Territories into or among such Presidencies and Lieutenant clamation. Governorships as to the said Governor General in Council may seem expedient. Presidencies, &c. by Pro State in Coun 5. Provided always, That it shall be lawful for the Secretary of State in Council to Power to signify to the said Governor General in Council his Disallowance of any such Proclama- Secretary of tion: And provided further, that no such Proclamation for the Purpose of transferring an cil to signify entire Zillah or District from one Presidency to another, or from one Lieutenant Governor- Disallowance ship to another, shall have any Force or Validity until the Sanction of Her Majesty to the of such Prosame shall have been previously signified by the Secretary of State in Council to the Governor General. clamation. 28 VICT. Provisions of Sect. 2. of this Act to apply to Trials com menced on or after July 1, 1865. Summing up of Evidence in and Misde meanor. 6 CA P. XVIII. An Act for amending the Law of Evidence and Practice on Criminal Trials. Felony and Misdemeanor and other Proceedings in Courts of Criminal Judicature 1. That the Provisions of Section Two of this Act shall apply to every Trial for Felony or Misdemeanor which shall be commenced on or after the First Day of July One thousand eight hundred and sixty-five, and that the Provisions of Sections from Three to Eight, inclusive, of this Act shall apply to all Courts of Judicature, as well Criminal as all others, and to all Persons having, by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence. 2. If any Prisoner or Prisoners, Defendant or Defendants, shall be defended by Counsel, but not otherwise, it shall be the Duty of the presiding Judge, at the Close of the Case Cases of Felony for the Prosecution, to ask the Counsel for each Prisoner or Defendant so defended by Counsel whether he or they intend to adduce Evidence, and in the event of none of them thereupon announcing his Intention to adduce Evidence, the Counsel for the Prosecution shall be allowed to address the Jury a Second Time in support of his Case, for the Purpose of summing up the Evidence against such Prisoner or Prisoners, or Defendant or Defendants; and upon every Trial for Felony or Misdemeanor, whether the Prisoners or Defendants, or any of them, shall be defended by Counsel or not, each and every such Prisoner or Defendant, or his or their Counsel respectively, shall be allowed, if he or they shall think fit, to open his or their Case or Cases respectively; and after the Conclusion of such Opening or of all such Openings, if more than One, such Prisoner or Prisoners, or Defendant or Defendants, or their Counsel, shall be entitled to examine such Witnesses as he or they may think fit, and when all the Evidence is concluded to sum up the Evidence respectively; and the Right of Reply, and Practice and Course of Proceedings, save as hereby altered, shall be as at present. How far Witness may be discredited by the Party producing. As to Proof of contradictory Statements of adverse Wit ness. Cross-exami- 3. A Party producing a Witness shall not be allowed to impeach his Credit by general Evidence of bad Character, but he may, in case the Witness shall, in the Opinion of the Judge, prove adverse, contradict him by other Evidence, or, by Leave of the Judge, prove that he has made at other Times a Statement inconsistent with his present Testimony; but before such last-mentioned Proof can be given the Circumstances of the supposed Statement, sufficient to designate the particular Occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement. 4. If a Witness, upon Cross-examination as to a former Statement made by him relative to the Subject Matter of the Indictment or Proceeding, and inconsistent with his present Testimony, does not distinctly admit that he has made such Statement, Proof may be given that he did in fact make it; but before such Proof can be given the Circumstances of the supposed Statement, sufficient to designate the particular Occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement. 5. A Witness may be cross-examined as to previous Statements made by him in Writing or reduced into Writing relative to the Subject Matter of the Indictment or Proceeding, without such Writing being shown to him; but if it is intended to contradict such Witness by the Writing, his Attention must, before such contradictory Proof can be given, be called to those Parts of the Writing which are to be used for the Purpose of so contradicting him: Provided always, that it shall be competent for the Judge, at any Time during the Trial, to require the Production of the Writing for his Inspection, and he may thereupon make such Use of it for the Purposes of the Trial as he may think fit. 6. A Wit tion of Witness may be given. 6. A Witness may be questioned as to whether he has been convicted of any Felony or Proof of preMisdemeanor, and upon being so questioned, if he either denies or does not admit the Fact, vious Convicor refuses to answer, it shall be lawful for the cross-examining Party to prove such Conviction; and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for such Offence, purporting to be signed by the Clerk of the Court or other Officer having the Custody of the Records of the Court where the Offender was convicted, or by the Deputy of such Clerk or Officer, (for which Certificate a Fee of Five Shillings and no more shall be demanded or taken,) shall, upon Proof of the Identity of the Person, be sufficient Evidence of the said Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same. 7. It shall not be necessary to prove by the attesting Witness any Instrument to the As to Proof Validity of which Attestation is not requisite, and such Instrument may be proved as if by attesting there had been no attesting Witness thereto. Witnesses. 8. Comparison of a disputed Writing with any Writing proved to the Satisfaction of the As to ComJudge to be genuine shall be permitted to be made by Witnesses; and such Writings, and parison of disthe Evidence of Witnesses respecting the same, may be submitted to the Court and Jury puted Writing. as Evidence of the Genuineness or otherwise of the Writing in dispute. 9. The Word "Counsel" in this Act shall be construed to apply to Attorneys in all "Counsel." Cases where Attorneys are allowed by Law or by the Practice of any Court to appear as Advocates. 10. This Act shall not apply to Scotland. Not to apply to Scotland. 6 CA P. XIX. An Act to extend the Period for borrowing the Sum authorized to be raised under the Metropolitan Main Drainage Extension Act, 1863. [9th May 1865.] WHEREAS by the Metropolitan Main Drainage Extension Act, 1863, herein-after referred to as the said Extension Act, the Metropolitan Board of Works is empowered to borrow, with the Consent and in manner provided by the Metropolitan Main Drainage.Act, 1858, any Sum of Money not exceeding in the whole One million two hundred thousand Pounds, in addition to the Sums by the said Main Drainage Act, 1858, authorized to be borrowed: And whereas by the said Main Drainage Act, 1858, the Power of borrowing thereby vested in the said Board of Works is directed to be exercised not later than the Thirty-first Day of December One thousand eight hundred and sixtyfour: And whereas no express Provision for extending the said Time of borrowing was inserted in the said Extension Act: And whereas it is expedient to extend such Time of borrowing in manner herein-after mentioned:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows; that is to say, 1. The Time for the Metropolitan Board of Works borrowing any Sum or Sums of Extension of Money authorized to be borrowed by the said Extension Act shall be extended to the Time for borrowing Powers. Thirty-first Day of December One thousand eight hundred and sixty-seven. 2. This Act shall be construed as One with the Main Drainage Act, 1858, and the said Extension Act, and all the Provisions of the said Acts with respect to the borrowing of Money and the Securities for the same, and with respect to the Guarantee to be given by the Commissioners of the Treasury, and the Indemnity of the Commissioners against Loss Construction and the Main |