Page images

cap. 73.


such discharge, unless a majority in number and value of the creditors 19 July, against whom such person shall seek to be discharged by virtue of this 9 Geo. 4,

act shall signify his, her, or their assent to such discharge, or unless it shall be made to appear to the satisfaction of the court for the relief of insolvent debtors, to which application for such discharge shall be made, that such person has since his or her former discharge endeavoured by industry and frugality to pay all just demands upon him or her, and has incurred no unnecessary expense, and that the debts which such person has incurred subsequent to such former discharge have been necessarily incurred for the maintenance of such person, or his or her family, or that the insolvency of such person has arisen from misfortune, or from inability to acquire subsistence for himself or herself, and his or her family.

General Issue may be pleaded. (77) And be it further enacted, that if any action of escape, or any other suit or action, shall be brought against any magistrate or officer or any other person, for performing the duty of his office or appointment in pursuance of this act, he or they may plead the general issue, and give this act in evidence; and if the plaintiff shall be nonsuited, or discontinue his or her action, or a verdict shall pass against him or her, or judgment shall be given for the defendant upon demurrer, the defendant shall have treble costs.

Officer of Court to produce Proceedings and give Copies. (78) And be it further enacted, that the proper officer of the several courts for the relief of insolvent debtors shall, on the reasonable request of any such insolvent as aforesaid, or of any creditor or creditors of such insolvent, or his or their attorney, produce and shew to such insolvent, creditor or creditors, and his, her, or their attorney, at such times as such courts respectively shall direct, every petition, schedule, order of adjudication, and all other orders and proceedings made and had relating to such insolvent, and all books, papers, and writings filed in such matter, and permit him, her, or them to inspect and examine the same, and shall provide for any such insolvent, or creditor or creditors, or his, her, or their attorney requiring the same, a copy or copies of such petition and other proceedings, or of such part thereof as shall be required, receiving such fee as such court shall appoint for so providing the same; and that a copy of such petition, schedule, order, and other orders and proceedings, purporting to be signed by the officer in whose custody the same shall be, or his deputy, certifying the same to be a true copy of such petition, schedule, order, or other proceeding, and sealed with the seal of the said courts respectively, shall at all times be admitted in all courts whatever, and before commissioners of bankrupt and justices of the peace, as sufficient evidence of the same, without any proof whatever given


1828. 19 July, 9 Geo. 4,

of the same, further than that the same is sealed with the seal of such courts respectively as aforesaid.

Proceedings not liable to Stamp Duty, &c. (79) And be it further enacted, that no conveyance, assignment, letter of attorney, affidavit, certificate, or other proceeding, instrument, or writing whatsoever, before or under any order of any of such courts for relief of insolvent debtors, nor any copy thereof, nor any advertisement inserted in any newspaper by direction of any such court, relating to matters within the jurisdiction of such court, shall be liable to or chargeable or charged with the payment of any stamp or other duty whatsoever, and that no sale of any real or personal estate of

cap. 73.

any such insolvent as aforesaid, for the benefit of his or her creditors under this act, shall be liable to any auction duty. Courts may make Rules for

facilitating Relief. (80) And be it further enacted, that his Majesty's supreme courts of judicature at Calcutta, Madras, and Bombay respectively, shall respectively have power to make all necessary and reasonable rules for facilitating and carrying into effect within their respective jurisdictions the relief intended to be given by this act, in cases for which sufficient provision has not been thereby made.

Continuance of Act. (81) And be it further enacted, that this act shall continue in force until the first day of March, one thousand eight hundred and thirtythree.


In 1826 Mr. Williams Wynn introduced the Bill which was passed into the Act 7th Geo. IV. cap. 37,* to regulate the appointment of Juries in the East-Indies; the rules and regulations as to the qualification, appointment, form of summoning, challenging, and service of jurors, were passed in pursuance of the provisions of the Act by the Supreme Court of Judicature at Calcutta, on the 29th December 1826.

On the 22d May 1828 Mr. Hume presented to the House of Commons, a petition from certain Hindoos, Parsees, Cingalese, and Mahomedans, native inhabitants of the island of Bombay, objecting to the clause which enacts, that grand juries, and all juries for the trial of persons of the Christian religion, shall consist solely of individuals professing the Christian faith. After a remark from Lord Ashley, that much caution would be requisite in effecting such an essential change as the petitioners prayed for, the petition was brought up, read, and ordered to lie on the table.

On the same day Mr. Hume moved for a copy of the regulations adopted by the Supreme Courts in India, as to natives serving on juries under the 7th Geo. IV. cap. 37. Mr. Hume pressed upon the house the expediency of admitting natives to serve on grand juries, and suggested the propriety of removing the disabilities attaching to them as soon as possible.

Lord Ashley observed, that no official report has yet been received from India respecting the admission of the natives to serve on juries. The only regulations which had reached this country were from the Supreme Court at Calcutta, those should be laid before the house, they had been submitted for the approbation of the King in Council, and it was probable that the other courts were waiting the result before they adopt them. Mr. Williams Wynn remarked that, with the exception of

the * Noticed in page 115, Analysis.

the petition submitted by Mr. Hume, there was no complaint on the part of the natives. At one time it did appear to him desirable that the natives should be allowed to serve on grand juries, but he had altered his opinion when he reflected what very different ideas prevail amongst them. He would rather allow the experiment already made to take its course, and if it succeed, afterwards extend it. It will be safe and easier to do so hereafter, than at once to carry it to the full extent, and have subsequently to retrace our steps. After some observations from Mr. Fergusson and Mr. Forbes, who both bore strong testimony to the respectability of the natives, the motion was agreed to. The Regulations follow the Act.

[blocks in formation]



L A W. And be it enacted by the King'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 All persons reof the same, that all good and sufficient persons

resi. sident in Calcut- dent within the limits of the several towns of Calcutta, ta, Madras, and Madras, and Bombay, and not being the subjects of Bombay, qualified as after men- any foreign state, shall, according to such rules, and tioned, deemed capable

subject to such qualifications as shall be fixed in manof serving on Ju. ner hereinafter mentioned, be deemed capable of ries.

serving as jurors on grand or petit juries, and upon all other inquests, and shall be liable to be summoned accordingly; any thing in the said act, or in any other act, charter, or usage, to the contrary notwithstanding.

(2) And be it further enacted, that the respective Courts may make rules with courts of Judicature at Calcutta, Madras, and Bombay, respect to qualifi. shall have power from time to time to make and estacation, &c.

blish such rules with respect to the qualification, appointment, form of summoning, challenging, and service of such Jurors, and such other regulations relating thereto, as they may which shall be respectively deem expedient and proper : provided laid before his always, that copies of all such rules and regulations as Majesty.

shall be so made and established by such courts of judicature, shall be certified under the hands and seals of the judges of such courts to the President of the Board of Commissioners for the Affairs of India, to be laid before his Majesty for his royal approbation, correction, or refusal ; and such rules and regulations shall be observed until the same shall be repealed or varied, and in the last case with such variation as shall be made therein. Juries to con- (3) Provided also, and be it further enacted, that




the reli

the grand juries in all cases, and all juries for the sist of persons 7 Geo. 4, trial of Persons professing the Christian religion, shall professing c. 37.

consist wholly of persons professing the Christian gion.

Rules relating to Juries in the Supreme Court of Judicature at Fort

William, in Bengal. Whereas an act has been passed in this seventh year of the reign of his present Majesty, intituled, “ An Act to regulate the appoint“ment of Juries in the East Indies;" wherein, amongst other things, it is enacted, that “the respective courts of judicature at Calcutta, “ Madras, and Bombay, shall have power from time to time to make " and establish such rules with respect to the qualification, appoint“ ment, form of summoning, challenging, and service of jurors, and “ such other regulations relating thereto, as they may respectively “ deem expedient and proper:" the following Rules and Regulations, in pursuance and in explanation of the said act, are laid down and established by the Supreme Court of Judicature at Calcutta, this twenty-ninth day of December, in the year of our Lord one thousand eight hundred and twenty-six.

(1) All men who on any former occasion have served on Juries in the Supreme Court, and all who are resident householders within the town of Calcutta, and occupy any house or tenement of the monthly value of fifty rupees, or of the annual value of five hundred rupees, or whose property or interests in lands, tenements, or goods would be worth the sum of five thousand rupees, after the payment of their just debts, are qualified and liable to serve on juries in the Supreme Court, except such persons as are hereinafter excepted.

(2) Those persons are incapable of serving on Juries in the Supreme Court who hold any office in or under the said court, or receive or seek to receive any pay or emolument for any employment. in or under the said court, or under any officer thereof, or for execut ing any duties of police within the town of Calcutta, or who are the subjects of any foreign state, or who are under the age of twenty-one years, or who are attainted of treason or felony, or who have been convicted of any fraudulent or infamous offence without having obtained a free pardon, or who are under outlawry or excommunication, or who are lunatics or idiots, or who a reunable to read, write, and understand the English language: and inasmuch as there are parts of the proceedings upon trials in the Supreme Court which have not usually been translated by the interpreters, and which could not be translated without great difficulty and inconvenience, the sheriffs and clerks of the crown are forbidden to insert in their lists the names of any natives of whose competence to understand the English language they have not experience or sure knowledge. (3) No person who does not profess the Christian religion is quali


« EelmineJätka »