Imatges de pàgina
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All Appeals from Eccle

siastical and

Admiralty
Courts may

be referred to
the Judicial
Committee
by an Order
in Council.

Costs may be awarded by the Judicial Committee, and taxed.

or persons who may be ultimately entitled thereto, or for payment thereof to the person to whom the same may be lawfully due.

XI. And be it enacted, that it shall be lawful for Her Majesty, by order in Council, to direct that all causes of Appeal from Ecclesiastical Courts, and from the Vice-Admiralty Court of the Cape of Good Hope, and all Vice-Admiralty Courts to the westward thereof, in which the Appeal and Petition of Reference to Her Majesty shall have been lodged in the Registry of the High Court of Admiralty and Appeals, within twelve calendar months from the giving or pronouncing of any order, decree, or sentence appealed from, and all causes of Appeal from Vice-Admiralty Courts to the eastward of the Cape of Good Hope, in which the Appeal and Petition of Reference to Her Majesty shall have been lodged in the Registry of the High Court of Admiralty and Appeals, within eighteen calendar months, from the giving or pronouncing any order, decree, or sentence appealed from, shall be referred to the Judicial Committee of the Privy Council, and the said Judicial Committee and their surrogates shall have full power forthwith to proceed in the said Appeals, and the usual inhibition and citation shall be decreed and issued, and all usual proceedings taken, as if the same had been referred to the said Judicial Committee by a special order of Her Majesty in Council in each cause respectively

XII. And be it declared and enacted, that as well the costs of defending any decree or sentence appealed from as of prosecuting any Appeal, or in any manner intervening in any cause of Appeal, and the costs on either side, or of any party, in the Court below, and the costs of opposing any matter which shall be referred to the said Judicial Committee, and the costs of all such issues as shall be tried by direction of the said Judicial Committee respecting any such Appeal or matter, shall be paid by such party or parties, person or persons, as the said Judicial Committee shall order, and that such costs shall be taxed as in and by the said Act for the better administration of justice in the Privy Council is directed respecting the costs of prosecuting any Appeal or matter refer

of Registrar Registrar in ecclesiastical

and Assistant

and mari

red by Her Majesty under the authority of the said Act, save the costs arising out of any ecclesiastical or maritime cause of Appeal, which shall be taxed by the Registrar herein after named, or his Assistant Registrar. XIII. And be it enacted, that the Registrar of the High Appointment Court of Admiralty of England for the time being may be appointed by Her Majesty to be Registrar of Her Majesty in ecclesiastical and maritime causes, and shall have power to appoint an Assistant Registrar, as provided by an Act passed time causes. in the fourth year of the reign of Her Majesty, intituled An 3 & 4 Vict. Act to make provision for the Judge, Registrar, and Marshal c. 66. of the High Court of Admiralty of England, and shall during his good behaviour, and while he shall be Registrar of the said High Court of Admiralty, hold his office of Registrar of Her Majesty in ecclesiastical and maritime causes, and shall do all such things, and shall have the same powers and privileges in respect to the same, as belong to his predecessors in the office of Registrar of His Majesty in ecclesiastical and maritime causes.

XIV. And be it enacted, that all records, muniments, books, papers, wills, and other documents remaining in the Registry of the High Court of Admiralty and Appeals, appertaining to the late High Court of Delegates and Appeals for prizes, shall be and remain in the custody and possession of the said Registrar of Her Majesty in ecclesiastical and maritime causes.

Custody of

records, &c.,

of the Court

of Delegates and Appeals.

XV. And be it enacted, that it shall be lawful for the said Judicial Judicial Committee from time to time to make such rules, Committee empowered orders, and regulations respecting the practice and mode of to make proceeding in all Appeals from Ecclesiastical and Admiralty rules, &c., respecting and Vice-Admiralty Courts, and the conduct and duties of practice and the officers and practitioners therein, and to appoint such mode of officer or officers as may be necessary for the execution of Appeals, &c. proceeding in processes under the said Seal of Her Majesty, and in respect to all Appeals and other matters referred to them, as to them shall seem fit, and from time to time to repeal or alter such rules, orders, or regulations: Provided always, that no such Proviso. rules, orders, or regulations shall be of any force or effect

Judicial
Committee

of Privy
Council to
proceed
with causes
depending

before late High Court

of Delegates.

Definition of terms.

until the same shall have been approved by Her Majesty in Council.

XVI. And whereas, in certain causes which were depending before the late High Court of Delegates, certain decrees or orders were made and interposed, and are not yet fully carried into effect: and whereas, in consequence of the death of the Judges Delegate, or some of them, named in the several commissions under the Great Seal, such decrees or orders cannot be carried into effect; be it enacted, that all such causes of Appeal and complaint which were depending before the High Court of Delegates, and in which any decree, order, or thing, for the reason lastly herein before mentioned, is outstanding and not fully ended and determined, shall be transferred to the Judicial Committee of the Privy Council; and the said Judicial Committee shall take up and proceed with the said causes in the same manner as if the same had been originally causes of Appeal and complaint depending before the said Judicial Committee.

XVII. And be it enacted, that in this Act all words denoting a male person shall be taken to include a female also, and all words denoting one person or thing shall be taken to include also several persons or things, unless a contrary sense shall clearly appear from the context; and that the words "Arches Court of Canterbury," used in this Act, shall be construed to extend to such Court as shall exercise the Jurisdiction of the said Court or be substituted for the same; and that wherever the words "Ecclesiastical Court" have been used in this Act the same shall be construed to extend to such Court as shall exercise the jurisdiction or any part of the jurisdiction exercised by any Ecclesiastical Court or be substituted for the same; and the words "Ecclesiastical and Maritime Cause of Appeal" shall be construed to extend to causes appealed from Ecclesiastical Courts and such Court as shall exercise the jurisdiction or any part of the jurisdiction exercised by any Ecclesiastical Court, or be substituted for the same.

Act 7 & 8 Vict., chap. 69.

An Act for amending an Act passed in the Fourth Year of the Reign of His late Majesty, intituled An Act for the better Administration of Justice in His Majesty's Privy Council; and to extend its Jurisdiction and Powers.—[6th August 1844.]

Whereas the Act passed in the fourth year of the reign

c. 83.

of His late Majesty, intituled An Act for the better Adminis- 3 & 4 W. 4. tration of Justice in His Majesty's Privy Council, hath been c.41. found beneficial to the due administration of justice and whereas another Act, passed in the sixth year of the said reign, intituled An Act to amend the Law touching Letters 5 & 6 W. 4. Patent for Inventions, hath been also found advantageous to inventors and to the public: and whereas the Judicial Committee acting under the authority of the said Acts hath been found to answer well the purposes for which it was so established by Parliament; but it is found necessary to improve its proceedings in some respects, for the better despatch of business, and expedient also to extend its jurisdiction and powers: and whereas by the laws now in force in certain of Her Majesty's Colonies and Possessions abroad no Appeals can be brought to Her Majesty in Council for the reversal of the judgments, sentences, decrees, and orders of any Courts of Justice, within such Colonies, save only of the Courts of Error or Courts of Appeal within the same, and it is expedient that Her Majesty in Council should be authorised to provide for the admission of Appeals from other Courts of Justice within such Colonies or Possessions: Be it therefore 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, that it shall be competent to Her Majesty, by any order or orders to be from time to time for that purpose made with the advice of her Privy Council, to provide for the admission of any Appeal or Appeals to Her Majesty in Council from any judgments, sentences, decrees, or orders of any Court of any Colony,

Her Majesty, by Order in Council, may provide for the AdmisAppeal from

sion of an

although

there shall not be a Court of

Error or of Appeal in

such Colony; and may

revoke such Orders.

Justice within any British Colony or Possession abroad, although such Court shall not be a Court of Errors or a Court of Appeal within such colony or possession; and it shall also be competent to Her Majesty, by any such order or orders as aforesaid, to make all such provisions as to Her Majesty in Council shall seem meet for the instituting and prosecuting any such Appeals, and for carrying into effect any such decisions or sentences as Her Majesty in Council shall pronounce thereon: Provided always, that it shall be competent to Her Majesty in Council to revoke, alter and amend any such order or orders as aforesaid, as to Her Majesty in Council shall seem meet: Provided also, that any such order as aforesaid may be either general and extending to all Appeals to be brought from any such Court of Justice as aforesaid, or special and extending only to any Appeal to be brought in any particular case: Provided also, that every such general Order in Council as aforesaid shall be published in the London Gazette within one calendar month next after Nothing here- the making thereof: Provided also, that nothing herein in to affect the contained shall be construed to extend, to take away, or diminish any power now by law vested in Her Majesty for peals from the regulating Appeals to Her Majesty in Council from the judgments, sentences, decrees, or orders of any Courts of Justice within any of Her Majesty's Colonies or Possessions abroad.

Orders may be either general or special.

General Orpublished.

ders to be

present powers for regu

lating Ap

Colonies.

On Petition, her Majesty

may grant an

extension of patent term in certain

cases.

II. And whereas it is expedient for the further encouragement of inventions in the useful arts, to enable the time of monopoly in patents to be extended in cases in which it can be satisfactorily shown that the expense of the invention hath been greater than the time now limited by law will suffice to reimburse; be it enacted, that if any person, having obtained a patent for any invention, shall before the expiration thereof present a Petition to Her Majesty in Council, setting forth that he has been unable to obtain a due remuneration for his expense and labour in perfecting such invention, and that an exclusive right of using and vending the same for the further period of seven years, in addition to the term in such patent mentioned, will not suffice for his reimbursement and remuneration, then, if the matter of

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