No. I.

c. 41.

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 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 1W.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 therewitnesses apfore 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 comexercised 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 the discretion of the committee.

Decrees to be enrolled.

same manner

as matters are

XV. That the costs incurred in the prosecution of any appeal or matter referred to the said judicial committee, and of such issues as the same committee shall under this act direct, shall be paid by such party 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 committee shall direct.

XVI. That the orders or decrees of his Majesty in council made, in 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 the like purposes as matters are referred by the court of chancery to a master of the said court; and that for the purposes of this act the said 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.

by court of

chancery referred to a master.

The king may appoint regis.

trar.

Attendance of

witnesses, and production of papers, &c. may be compelled by subpoena.

Time of appealing.

Decrees for

courts abroad to be carried

XVIII. That it shall be lawful for his Majesty, under his sign manual, 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 performed by the said registrar.

XIX. That it shall be lawful for the president for the time being of the said privy council to require the attendance of any witnesses, and 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 be, as that in which a writ of subpoena ad testificandum or of subpœna duces tecum is now issued by his Majesty's court of king's bench at 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 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.

XXI. That the order or decree of his Majesty in council on any appeal from the order, sentence, or decree of any court of justice in the East

No. I

c. 41.

Indies, or of any colony, plantation, or other his Majesty's dominions 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 recommendation 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 purposes aforesaid.

courts to a

hearing.

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 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 such apof Good Hope (from the decisions of which an appeal lies to his Majesty peals. in council), and in like manner from time to time to make such other 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- His Majesty seventh year of the reign of his Majesty king George the third, intituled empowered to

No. I.

3 & 4 W. 4,

c. 41.

appoint one of the barons of

the court of exchequer to

sit in equity in the absence of

the chief baron.

Two judges of

the court of

bankruptcy to act for the chief judge of the court of review during his attendance at the said judicial

committee.

An Act to facilitate the hearing and determining of Suits in Equity in His Majesty's Courts of Exchequer at Westminster, it was enacted that the lord chief baron of the said court for the time being should have power to hear and determine all causes, matters, and things which should be at any time depending in the said court of exchequer as a court of equity, and that if the said lord chief baron of the court of exchequer should by sickness or any other unavoidable cause be prevented from sitting on the equity side of the said court for the purposes in the said act mentioned, then it should and might 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 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 (on 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 depending in the said court of exchequer as a court of equity.

XXVI. That during the absence of the chief judge in bankruptcy from the court of review established by virtue of an act passed in the first and second year of his present Majesty, intituled An Act to establish a Court in Bankruptcy, by reason of his attendance at the said judicial committee by virtue of this act, any two judges of the said court shall and may form a court of review in bankruptcy, and shall and may make, do, and execute all orders, acts, matters, powers, and things whatsoever which by virtue of the said act the judges of the said court or any three 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. 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 that act shall apply and be extended to the baron nominated and appointed under the authority of this act.

Powers of act

ed to 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 compelling 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

No. I.

or the court of king's bench, (and both in personam and in rem,) or as are given to any court ecclesiastical by an act of parliament passed in a ses- 3 & 4 W. 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

c. 41.

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.

mittee.

4,

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 comact, 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.

ceive an allow

ance.

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 reprivy 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 treawhich 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 certain persons to hear prize his Majesty's courts of admiralty in causes of prize, but that the judgappeals. ments, decrees, and orders of such other person or persons so appointed by treaty shall be of the same force and effect of which they would respectively have been if this act had not been passed.

PART IV.

CLASS XXV.

5 G. 2, c. 25.

Recited act

5 G. 2, and so

much of

COURTS OF EQUITY. (1)

[No. I.] 1 W. IV. c. 36.-An Act for altering and amending 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 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 appearances 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 contempts; be it therefore enacted, &c., That the whole of the said recited act of the fifth year of king George the second, and so much of the said recited act of the forty-fifth year of his late Majesty George the third, as relates to courts of equity, and the reading of bills of discovery as evidence, shall be and the same are hereby repealed; but so as not to affect any thing done or executed in pursuance thereof respectively; and any suit, matter, or thing now in progress under the authority of the said acts respectively, and not completed, shall or may be completed under the 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, or things 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 perstating the dates and the grounds of their several commitments, and the sons committed, 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 custody on each of such days respectively, with the causes and dates of their respective commitments.

45 G. 3, as relates to courts of equity, and the reading of bills of disco

very as evi

dence, repealed.

cellor.

Manner of proIII. 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.