ment of the governor and council, they may then appeal to his Majesty in his Privy Council, "provided the sum or value so appealed for unto us exceed five hundred pounds sterling, and that such appeal be made within fourteen days after sentence, and good security given by the appellant that he will effectually prosecute the same, and answer the condemnation, as also to pay such costs and damages as shall be awarded by us, in case the sentence of the governor and council be affirmed: Provided nevertheless, where the matter in question relates to the taking or demanding any duty payable to us, or to any fee of office, or annual rent, or other such like matter or thing, where the right in future may be bound; in all such cases you are to admit the appeal to us in our Privy Council, though the immediate sum or value appealed from be of less value. And it is our further will and pleasure, that in all cases where by your instructions you are to admit appeals to us in our Privy Council, execution be suspended until the final determination of such appeal, unless good and sufficient security be given to the appellant to make ample restitution of all that the appellant shall have lost by means of such judgment or decree, in case upon the determination of such appeal such judgment or decree should be reversed, and restitution awarded to the appellant."

It will be observed, that this instruction applies to appeals from the governor and council, that is, from the courts of error. But under this instruction, for there was no other instruction, the governor admitted appeals from his decision as chancellor and ordinary.

The appeal from the several courts of Demerara, Berbice, Trinidad, and St. Lucia, is immediate to the King in council. It is regulated by an order in council of the 20th of June, 1831. The party to any civil suit or action depending in either of these courts is at liberty to appeal to his Majesty in his Privy Council, against any final judgment, decree, or sentence, or against any rule or order made in any such civil suit or action, and having the effect of a final or definitive sentence. Such appeals are subject to the following rules and limitations:

1st. Such judgment, &c. must have been given or pronounced for or in respect of a sum or matter at issue above the amount or value of five hundred pounds sterling, or which involves directly or indirectly the title to property or to some civil right, amounting to or of the value of five hundred pounds sterling, or determines or affects the right of some alleged slave to his or her freedom.

2nd. The party who would appeal from such judgment, &c., must within fourteen days next after the same has been pronounced or given, apply to the court by petition for leave to appeal therefrom to his Majesty in his Privy Council.

3rd. If such leave to appeal is prayed by the party adjudged to pay any sum of money, or to perform any duty, the court shall direct that

the judgment, &c. appealed from shall be carried into execution, if the respondent will give security for the immediate performance of any judgment or sentence which may be pronounced or made by his Majesty in his Privy Council; and until such security is given, the execution of the judgment, &c. appealed from is stayed.

4th. If the appellant establish to the satisfaction of the court, that real and substantial justice requires that pending such appeal execution should be stayed, the court may order the execution of such judgment, &c. to be suspended, pending such appeal, if the appellant give security for the immediate performance of any judgment, &c. which may be pronounced or made upon such appeal by his Majesty in council.

5th. In all cases security shall also be given by the appellant for the prosecution of the appeal, and for the payment of all snch costs as may be awarded by his Majesty to the respondent.

6th. The nature, amount, and sufficiency of the several securities, so to be taken as aforesaid, are to be determined by the court from which the appeal is prayed.

7th. When the subject of litigation consists of immoveable property, and the judgment, &c. appealed from does not charge, affect, or relate to the actual occupation thereof, no security shall be demanded, either from the respondent or appellant, for the performance of the judgment, &c. to be pronounced or made upon such appeal; but if such judgment, &c. charge, affect, or relate to the occupation of any such property, then such security shall not be of greater amount than may be necessary to secure the restitution, free from all damage or loss, of such stock, utensils, or implements, or of the intermediate profit which, pending any such appeal, may probably accrue from the intermediate occupation of such property, and the court is authorized and required to sequestrate any such immoveable property, in order still further to reduce the amount of such security, if the party by whom such security is to be given shall make application to the court for that purpose, and the other party shall not show good cause to the contrary.

8th. Where the subject of litigation consists of money or other chattels, or of any personal debt or demand, the security to be demanded either from the respondent or appellant for the performance of the judgment, &c. to be pronounced upon such appeal, shall be either a bond in the amount or value of such subject of litigation, by one or more sufficient surety or sureties, or such security shall be given by way of mortgage or voluntary condemnation, of or upon some immoveable property situate and being within such colony, and being of the full value of such subject of litigation over and above the amount of all mortgages and charges of whatever nature upon or affecting the same.

10th. The security to be given by the appellant for the prosecution of

the appeal, and for the payment of costs, shall in no case exceed the sum of five hundred pounds sterling, and shall be given either by such surety or sureties, or by such mortgage or voluntary condemnation as aforesaid.

11th. If the security to be given by the appellant for the prosecution of the appeal, and for the payment of such costs as may be awarded, shall in the manner prescribed be completed within three months from the date of the petition for leave to appeal; then, and not otherwise, the court from which such appeal is brought shall make an order allowing such appeal; and the party appellant shall be at liberty to prefer and prosecute his appeal to his Majesty in his Privy Council, in such manner and under such rules as are observed in appeals made to his Majesty in council from the plantations or colonies.

12th. Any person feeling aggrieved by any order which may be made by, or by any proceeding of any of the said courts respecting the security to be taken upon any such appeal, is at liberty to apply by petition to his Majesty in Council, for redress in the premises.

The order in council contains an express declaration, that nothing therein contained does or shall extend, or be construed to extend, to take away or abridge the undoubted right or authority of his Majesty, his heirs, and successors, to admit and receive any appeal from any judgment, decree, sentence, or order of any of the said supreme courts, on the humble petition of any person aggrieved thereby, in any case in which, and subject to any conditions or restrictions upon and under which it may seem meet to his Majesty, his heirs, and successors, to admit and receive any such appeal.

PRACTICE

OF THE

JUDICIAL COMMITTEE.

Indian Appeals.

Rules laid down by the 3 & 4 Will. IV. c. 41, 725.-By the Order in Council of 10th August, 1838, 726.-Right of Appeal under Charters of Bengal, Madras, and Bombay, respectively, 729.-Proceedings after Appeal has been lodged in the Privy Council Office, 733.

THE course of proceeding in the earlier stages of appeals from the territories subject to the government of the East India Company, is regulated by the Act of the 3 & 4 Will. 4, c. 41; and by an order in council of the 10th April, 1838.

The sections of the statute which bear on this subject are the following; viz.

Sect. 22. And whereas various appeals to his Majesty in council from the Courts of Sudder Dewanny Adawlut, at the several Presidencies of Calcutta, Madras, and Bombay, in the East Indies, have been admitted by the said courts, and the transcripts of the proceedings in appeal have been from time to time transmitted under the seal of the said courts, through the United Company of Merchants of England trading to the East Indies, to the office of his Majesty's said Privy Council; but the suitors in the causes so appealed have not taken the necessary measures 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 last-mentioned 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.

Sect. 23. And be it enacted, that in any case where any order shall have been made on any such appeal as last aforesaid, the same shall have full force and effect, notwithstanding the death of any of the parties interested therein; but that in all cases where any such appeal may have been withdrawn or discontinued, or any compromise made in respect of the matter in dispute before the hearing thereof, then the determination of his Majesty in council in respect of such appeal shall have no effect.

Sect. 24. And be it further 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 said 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 the property in respect of which any such appeal may be made.

The order in council applicable to Indian appeals is as follows:

At the Court at Buckingham Palace, 10th April, 1838. Present, the Queen's most excellent Majesty in council.

Whereas, by an Act passed in the fourth year of the 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