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ix

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.

c. 41, s. 24. reign of his late Majesty King William the Fourth, intituled, “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 VOL. I.

b

enacted in

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: Orders of Her Majesty is therefore pleased, by and with the advice 16th Jan, and 10th August of her Privy Council, to cancel and rescind all the said rules, 1836

rescind- orders, and regulations in the said recited Orders in Council contained in of the 16th day of January 1836, and 10th day of August the annexed Schedule

1836, respectively contained, and thereby or by either of

them approved, and to approve of the several rules, orders, their stead.

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 Dowanny 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.

(signed) C. C. Greville.

These two orders were never transmitted to India or acted on.

ORDER IN COUNCIL, 10 APRIL 1838.

xi

The SCHEDULE above referred to.

amount to

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 present

ed within six Judicatnre at Fort William in Bengal, Fort St. George, months after Bombay, or the Court of Judicature of Prince of Wales' the judg

ment, decree, Island, Singapore, and Malacca, or by any of the Courts of or decretal 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 Amount, to be

certified on admit an appeal to Her Majesty, her heirs and successors, ,

in

the proceedCouncil, it shall specially certify on the proceedings that the ings, to be 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. 3. Provided nevertheless, that nothing herein contained Power re

served to the shall 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 Her Majesty, her heirs and successors, in Council, upon the withstanding petition at any time of any party aggrieved by any judgment,

rules. 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.

conclusive.

the above

Notice to be 4. That on the arrival of the transcripts of proceedings in given by the Court of Di

an appeal to Her Majesty, her heirs and successors, in rectors of the Council, from any of the said Courts of Sudder Dewanny East India Company to Adawlut, or any other Courts in the East Indies constituted the Clerk in

by the East India Company, or any of their governments, Council on the arrival of from which an appeal lies to Her Majesty in Council, such the transcripts.

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 5. That the said transcripts of proceedings shall be kept at transcripts to be kept at

the East India House, or at such other convenient place the India within the cities of London or Westminster as the said Court House; the

of Directors shall from time to time appoint; the agents agents on both sides

respectively conducting and defending such appeals in this having access thereto, and country, being at liberty to take all the necessary copies and liberty to take copies,

extracts from the said proceedings, and to examine the same and originals from time to time; and it shall be the duty of such officer, by duced at the himself or his sufficient deputy, to produce the original tranhearing.

scripts 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. If petition of

6. That in default of the petition of appeal of the appelappeal not

lants being lodged in the Council-office within three calendar lodged within three months, months from the registration of arrival of such transcripts, or or appellant's case within

in default of the appellant's case being carried in within one one year, the

year from the time of such registration, the respondent shall respondent may move to be entitled in either case to move to dismiss the appeal for dismiss for want of pro

want of prosecution; and in the event of the respondent's not secution: if bringing in his case within one year from the time of such respondent's

registration, the appellant shall be entitled to apply to have brought in the case heard ex parte. within one year,appellant

(signed) C. C. Greville. may move to hear ex parte.

to be pro

case not

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ON APPEAL FROM THE VICE ADMIRALTY

COURT OF ST. LUCIA.

1836.

sions of the

PETER MUTER

Appellant,

and CHARLES CHIPCHASE

Respondent.* q q TAIS

was a cause of forfeiture of two slaves, prose- 30 May cuted on behalf of the King, by Charles Chipchase, the respondent, as Comptroller of the Customs for The provithe Island of St. Lucia, against the appellant, claim- 5 ing as executor of James Muter, deceased.

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 Fend the time of His Majesty.

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,

c. 113, s. 29, are conclu. sive, and the

there limited

Present: Mr. Baron Parke, Mr. Justice Bosanquet, the Chief
Judge of the Court of Bankruptcy, and Sir Herbert Jenner.
VOL. I.

B

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