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ORDER IN COUNCIL
Of the 10th April 1838.
Made pursuant to 3 & 4 Will. IV. c. 41, for regulating Appeals from the Supreme and Sudder Dewanny Courts in the East Indies, Prince of Wales' Island, Malacca, and Singapore.
WHEREAS, by an Act passed in the fourth year of the 3 & 4 W. IV. reign of his late Majesty King William the Fourth, intituled, c. 41, s. 24. "An Act for the better Administration of Justice in His Majesty's Privy Council," it is amongst other things enacted, that "it shall be lawful for His Majesty in Council from time to time to make any such rules and orders as may be thought fit, for the regulating the mode, form, and time of appeal to be made from the decisions of the Courts of Sudder Dewanny Adawlut, or any other Courts of Judicature, in India or elsewhere, to the eastward of the Cape 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 regulations for the preventing delays in the making or hearing such appeals, and as to the expenses attending the said appeals, and as to the amount or value of property in respect of which any such appeal may be made:" and whereas his said late Majesty did, by his Order in Council, on the 16th day of January 1836, approve certain rules and orders for regulating the mode, form, and time of appeal from the decisions of the said Courts of Sudder Dewanny Adawlut, and also certain regulations for the preventing delays in the making or hearing of such appeals, and as to the expenses attending such appeals; and the said rules, and orders, and regulations were set forth in certain Schedules, A. and B., to and by the said Order in Council of the 16th of January annexed and approved: and whereas his said late Majesty did, by his further Order in Council made on the 10th day of August 1836, alter and amend the said Schedule B., by cancelling the rule No. 5 of the said Schedule B., so approved as aforesaid, and ordering that, in lieu of the said fifth rule thereof, a certain other rule in such last-mentioned order set forth
16th Jan. and 10th August 1836 rescind
ed, and orders contained in the annexed Schedule
enacted in their stead.
should be substituted:* and whereas the Queen's most Excellent Majesty in Council hath deemed it expedient to cancel and rescind all the said rules, orders, and regulations, and to make and substitute others in lieu thereof:
Her Majesty is therefore pleased, by and with the advice of her Privy Council, to cancel and rescind all the said rules, orders, and regulations in the said recited Orders in Council of the 16th day of January 1836, and 10th day of August 1836, respectively contained, and thereby or by either of them approved, and to approve of the several rules, orders, and regulations contained in the Schedule hereunder written or hereunto annexed, and to order, as it is hereby ordered, that the same be respectively observed by Her Majesty's Supreme Courts of Judicature at Fort William in Bengal, Fort St. George, and Bombay, respectively; by the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca; and by the said several Courts of Sudder Dewanny Adawlut, and all other Courts of Judicature in the territories under the government of the East India Company, and by all persons whom it shall or may concern. Whereof the Governor-General and the Council of India, the Governor of Fort William in Bengal, the Governor in Council at Fort St. George, the Governor in Council at Bombay, the Governor of Agra, the Chief Justice and the Judges of Her Majesty's Supreme Court of Judicature at Fort William aforesaid, the Chief Justice and Judges of Her Majesty's Supreme Court of Judicature at Fort St. George, the Chief Justice and Judges of Her Majesty's Supreme Court of Judicature at Bombay, the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca, the Judges of the several Courts of Sudder Dewanny Adawlut in the East Indies, and the Judges of all other Courts of Judicature in the territories under the government of the East India Company, and all other persons whom it may concern, are to take notice, and govern themselves accordingly.
These two orders were never transmitted to India or acted on.
ORDER IN COUNCIL, 10 APRIL 1838.
The SCHEDULE above referred to.
ed within six
1. THAT from and after the 31st day of December next, no No appeal to appeal to Her Majesty, her heirs, and successors in Council, unless petishall be allowed by any of Her Majesty's Supreme Courts of tion presentJudicatnre at Fort William in Bengal, Fort St. George, months after Bombay, or the Court of Judicature of Prince of Wales' the judgIsland, Singapore, and Malacca, or by any of the Courts of or decretal order, and Sudder Dewanny Adawlut, or by any other Courts of Judica- the matter in ture in the territories under the government of the East India dispute Company, unless the petition for that purpose be presented 10,000 ruwithin six calendar months from the day of the date of the pees. judgment, decree, or decretal order complained of, and unless the value of the matter in dispute in such appeal shall amount to the sum of ten thousand Company's rupees at least; and that, from and after the said 31st day of December next, the limitation of five thousand pounds sterling heretofore existing in respect of appeals from the Presidency of Fort William in Bengal, shall wholly cease and determine.
2. That in all cases in which any of such Courts shall admit an appeal to Her Majesty, her heirs and successors, in Council, it shall specially certify on the proceedings that the value of the matter in dispute in such appeal amounts to the sum of ten thousand Company's rupees or upwards, which certificate shall be deemed conclusive of the fact, and not be liable to be questioned on such appeal by any party to the suit appealed.
Amount, to be
certified on the proceedings, to be
served to the
3. Provided nevertheless, that nothing herein contained Power reshall extend, or be construed to extend, to take away, dimi- Crown to nish, or derogate from the undoubted power and authority of grant leave to appeal, notHer Majesty, her heirs and successors, in Council, upon the withstanding petition at any time of any party aggrieved by any judgment, the above decree, or decretal order of any of the aforesaid Courts, to admit an appeal therefrom upon such other terms, and upon and subject to such other limitations, restrictions, and regulations as Her Majesty, her heirs and successors, shall in any such special case think fit to prescribe.
Notice to be
given by the Court of Di
rectors of the
4. That on the arrival of the transcripts of proceedings in an appeal to Her Majesty, her heirs and successors, in Council, from any of the said Courts of Sudder Dewanny Adawlut, or any other Courts in the East Indies constituted by the East India Company, or any of their governments, the arrival of from which an appeal lies to Her Majesty in Council, such officer of the East India Company as the Court of Directors of the said Company shall from time to time appoint, shall forthwith give notice to the clerk of the Council thereof, stating at the same time the names of the parties to the appeal, and the date of the decree appealed from, and that such notice shall be duly registered in the Council-office.
The original transcripts to
be kept at the India House; the agents on both sides
having access thereto, and liberty to take copies, and originals
to be produced at the hearing.
If petition of appeal not lodged within three months, or appellant's case within
one year, the
may move to
dismiss for want of pro
secution if respondent's
brought in within one year, appellant
5. That the said transcripts of proceedings shall be kept at the East India House, or at such other convenient place within the cities of London or Westminster as the said Court of Directors shall from time to time appoint; the agents respectively conducting and defending such appeals in this country, being at liberty to take all the necessary copies and extracts from the said proceedings, and to examine the same from time to time; and it shall be the duty of such officer, by himself or his sufficient deputy, to produce the original transcripts before the Judicial Committee, upon the hearing of such appeal, upon due notice for that purpose previously given, and upon all other occasions when thereunto required by the Privy Council or the Judicial Committee.
6. That in default of the petition of appeal of the appellants being lodged in the Council-office within three calendar months from the registration of arrival of such transcripts, or in default of the appellant's case being carried in within one year from the time of such registration, the respondent shall be entitled in either case to move to dismiss the appeal for want of prosecution; and in the event of the respondent's not bringing in his case within one year from the time of such registration, the appellant shall be entitled to apply to have the case heard ex parte.
may move to hear ex parte.
C. C. Greville.
ARGUED AND DETERMINED
LORDS OF THE PRIVY COUNCIL.
ON APPEAL FROM THE VICE ADMIRALTY
30 May 1836.
THIS was a cause of forfeiture of two slaves, prosecuted on behalf of the King, by Charles Chipchase, the respondent, as Comptroller of the Customs for sions of the the Island of St. Lucia, against the appellant, claim- 5 Geo. ing as executor of James Muter, deceased.
c. 113, s. 29, are conclusive, and the
The cause was tried in the Admiralty Court of St. Judicial Lucia, and judgment pronounced on the 31st July have no 1834, condemning the slaves to be forfeited to the use tend the time of His Majesty.
power to ex
there limited for appeal
It appeared, that Mr. Peter Muter left the Island of ing. St. Lucia for England, in the month of June previous to the hearing of the cause, having given particular directions, that if the slaves should be condemned, the sentence should be appealed from: no steps were,
* Present: Mr. Baron Parke, Mr. Justice Bosanquet, the Chief Judge of the Court of Bankruptcy, and Sir Herbert Jenner.