' 'rilE

SECOND REVISED EDITION.

VOL. X.
FT\OM TIIF. SERSION OF TilE

TWENTY-FIRST AND TWENTY-SECOND

'
TWENTY-FIFTH AND TWENTY-SIXTH YEARS
'
OF QUEEN VICTORIA.
,

A.D. 1858-1SG2.
•

ll!J iilut1Jorit!1.
. .
.,.
•~ ·•· !!
'

I
~

,'

LONDON:
PRINTED UNDICI: THE AUTHORITY OF HER MAJESTY'S
STATION~JRY OFFICE,
And to be purchased, either directly or through any Bookseller, from
EYRF. AND ·SPO'l'TIS\voong, "EAST liJ.RDINQ STREET, FI.EET STREET, E.C.; or
,JOHN J\.fRNZ.lES & Co., 12, HANOVER STREET, EGJ!\DUROH, and
90, 'VEST NlLN SrREEr, Gr.AsGow; or

f
I
HODGES, FIGGIS, & Co., T.tlltrrED, 104, GuAFr"'s Srlt~<:F,T, DunL!N,

1895.
}Jrice Set,en Shillings ami Si.rpence.

i
~~w--------~--------~~~
- =
 11o [24'& 25V. c.Io2.J Tmmways (I.) [A.D. 1861. .AID! 1861:] T,•ainwuys (I.) [24 & 25 v. c. 102.] 77i
judge shall-rule or the jury find in favour of such traverse
as the case· may be, the approval of the grand jury shall b~ eross a highway, it shall· be lawful for the go and ~ury, .with the mi..ion for
void and of no effect ; ~previous approbation of the presentment· sessions held fur the ~::~ay t..,
Every traverse on the first ground shall be confined to the barony in which such proposed crossing is situate, to give per- h;ghwoiy
specific points mentioned' by the traverser in his memorial mi~sion for ·such ci·ossing to be made; anfl thereupon and
lod~d with the secreta1-y' of tile' grand ju1·y, and the immediately upou such permission being given; and without any
partiCular points of non-compliance complained of shall be other. approval, i~ shall be .lawful for the persons constructing
also stated in such traverse. · such tramway to lay down the same across any public road or
Inquiry by roads for which permission shall hnve been so given; and it shall Conditions
Doard of- 6: Tho inquiry by the Board of. Works directed by the ninth b.;, ·lawful for the grand jUry to annex to such permis!SiOn any ~a!e::d to
'Vorks to tal:e secti<>n of the said Act shall tuke place before any applic:ition is conditions or stipulations which to them shall seem fit; and in s~ch pcrmis·
place before
application to
m:'de to the grand jury, in order that their report •hall be sub- case· such permission shall be used by the prnmoters, they shall soon,_ and sh<~l
grand jury, mitted to the grand jury at the first application· and the Board be bound by such conditions and stipulations as if the same had ~;eb~:~!te~~.
npon request of W01·ks shall institute such inquiry upon th~ reque•t of the been inserted in a special Aet of Parliament authorizing such
-of promoters, promoters, and upon having'' depo>ited with them a reasonable
and jeposit. crossing, and all persous interested in same may have the sam':l
smll, not in any case. eX~eeding one·· hundred pounds, to covef rights and remedies; and it shall bP further lawful f9r the grar.d Securit~ may
the expenses of such mq'uuy.
Inquiry to be
jury, if they shall s0
think fit, before such rennission is acted on, F:r r:~:e~;;:n.;e
confined to 7. The inquiry to be made by the Board of Works, and the. t) require persons of stdlici_Emt substance, to be approved n f as of conditions.
engineering report to be made thereon, shall extend only .to the merits 6~ tl,!ey may direct, tn ~nter into a bond to the secretary of the
questi:>ns. the ~mde~hking in an engin~ering P?int of view, and to any grand jury, county treasurer, or ~uch other person as they may
modificatiOn of the same m that respect which may be appoint, in such sum as they m:ty name, conditioned for tho
advantageously made. observance of all such eo!'ditions and stipulations. .
An e:risting ·11. This Act may be cited as "The Tram ways, Ireland, Shorttitle.
company may 8: Instead of constituting a new company under the fifteenth
be empowered scctwn of the said Act, the Lord Lieutenant in Council may, if Amendment Act, 1861."
to execute the he shal~ s'? think fit, and. if so desired by the promoters, empower
.undertaking.
any exiStmg company mcorporated by Act of Parliament or
charter,. or constituted by any statute regulating joint stock •
compames, to execute such undertaking, if it shall appear that
such company have power to provide the necessary capital and CHAPTER CIV.
to apply the same to the purposes of such undertaking ; but no
such order shall be deemed or taken to authorise ot· sanction the A)! ACT for establishing High Uourts of Judicature in India.[']
employment by the said company for the purposes of such [6th Augnst 1861.]
undertaking, or of the application for the same, of any funds
[S. I['] (autlwrizing Her Uajrsty by Lett"':s Patent to establish High
which independently of such order they would not have power
so to apply. Courts of Judicature at Fort 1Villzam zn Bengal, at~adras, and
Bombay) rep. 55 o/ 56 Viet. c.'\9. (S.L.R.)]
i'
Orders in 9. In any case in which the undertaking shall be approved of 'I
Council to be 2. The High Court of Judicature at Fort William in Bengal C~nstitution of I
valid without by ~he grand jury, and no petition of appeal shall be presented and a't the Presidencies of Madras and Bombay respectively shall High Courts.
confirmation
by Parliament
agamst sue~ approyal to the Lord Lieutenant in Council by any
of the part~es entitled under such Act to appeal, the Order in
consist of a chief justice and as many judges, not exceeding I
jf no appeal is fifteen, as Her ·Majesty may from time to time think fit and
presented Council shall immediately take effect without any Act of Parlia- appoint, who shall be selected from-
againRt ment confirming the same; but in any case in which such 1st. Barristers of not less than five years standing; or
approval.
petition of appeal is presented before the Order in Council is 2d. Members of the covenanted Civil Service of not less than
Confirmation
requisite in mad?, such Order shall have no effect until confirmed by Act of ten years standing, and who shall have served as zillah
case of appeal. Parbament, even although no person sh.all appear to sustain such judges, or shall have exercised the like powers as those
appeal ; and when any Order shall be made after the presentation of a zillah judge, for at least three years of that period ;
of such appeal, the faet of such appeal having been presented or
shall be state:! in such Order.
Grand jury 10. In any case in which per~o.ns constructing any tramway [I Short titl,., "The InO.ian Hig-h Courts Act, 1861."
See 55 Viet. C; 10.]
may give per- shall only seek under the provlSlons of the s•id Act power to ( The Hi~h Courts of Bengal, :Madras, and Uombay are constituted by letters
2

patent under this section, dated 28th December 1865.]

3d. Persons ~h~ have held judicial office not inf~rior to that the sai i Court. u11til some person has been appointed by Her.
of pnncipal s'.'dder ameen or judge of a small cause M;ajesty to the office of judge of the same Court, and has entered
• on t.he discharge of the. duties of such office, or until the absent
court for a penod of not le!jS than live years ; or
4th.- Pers?ns who have been pleaders of a suddet• conrt or jucl.ge h 1s re~urned from such absence, or until the Governor
High Court for a period of not lees thau tc,n years, if General in CouncH or. Governor in Council as afort>said shall see'
such plearlers of a sudder court shall have been admitted cause t·> cance) the appointment of such acting judge. _
as pleaders of a High Court: 8. [ Abolil'ion of the Supreme Courts at Calcutta, Madras,
.P~oviu~d, that nGt I~ than one third " of the judges of such -and Bombay, of the Court of Sudder Dewanny Adawlut and
Hig~ Courta re•pectively, mcluding the chief justice, shall be Su,dder Nizamut Adawlut at Calcutta, of Sudder Adatvlut,
htrnsters, an•! not. le>s than one third shall be mtmbels of the Foujdarry Adawlut at !Jfadras, and of Stul.der Dewanny
covenanted Civil Service. Aclawlut and Sudder Foujdarry Adawlut at Bombay.]
· And the records and documents of the several courts so
[S. 3 rep. 41 .jo 42 Viet. c. 79. (S.l.R.)J abolished in each Presidency shall become and be records and
Tenure of
4. All the judg.s of t:,e High Courts established nnder this documents of the High Court established in the same Presidency.
office of
judg-es, and ~ct shall h?ld their offices during Her Majesty's pleasure : Pro- 9. Each of the High Courts to be eetablbhed under this Act Jurisdiction
resignation. VIl~ed, that It shall be lawful f,r any judge of a High Court to shall have and exercise all such ch-il, criminal, admiralty and 6 1:!dhpoCwers of
r~s1gn. such office of JUdge to the Governo•· General of India in .
nce-admll'a. Ity, testamentary, 1n . t estate, an·d matnmoma. . I JUris-
. . H•g ou<t•.
C~uucd, or Governor in Council of the Presideucy iu w h:ch such diction, original and appellate,'and all such power> and authority
H1gh Court is established. • tOr and in relation to the aduifnistration of justice in the Presi-
Prdecedcn_ce ?f 5. The chief justice of any such High Court ~ha1l h'tve rank dency for which it is established, as Her Majesty may Ly such
JU ge• 01 11•gh and precCd. ence bef ore. tl1e oth er .Judges
· · · Letters Patent as aforesaid gr.mt and direct, subject, however,
Cour1s. ' of the same court, . . .
and, exeept as afore<aid, all the jud"e' of each Hi"h Cvut t shall to such directions and limitationa as to the exercise of original
have. rank and precedence accordl;,g to the seniority of their civil and criminal jurisdiction beyond the limit~ of the presi- '""
appOintments, unleBs otherwise provided in their ua 1 ent~. dency towns as may be prescribed thereby; and, save as by
euch Letters Patent may be otherwise directed, and subject and
~adlade,,f&Hc: ~f 6. · · · it shall be lawful for the Secretaty of State in without prejudice to the legislative powers in relation to the
J!l oreg 0
Uot~1 t..
Com~cl"l of l ncJ'ra to fix
J<"I"I.l
o
' the salaries, al!ownnres, furloughs, retiring matters afor"'aid of the Governor General of India in Council,
~ensr~ns, ancl (w~ere. ne~e.s~ary) eXpenses for eqmpnwnt and the High Conrt to be established in each Presirlency shall have
'oyaoe of the ~h1ef JUstwes and judges of the aeveral High and exercise all jurisdiction ar.d every power and authority
Cour~s under thrs Act, nnJ from time to time to alter the same: whatsoever in any manner vested in any of the Courts in the
Provid~d alway", ~hat such alteration shall not affect the •alary same Presidency abolished under this Act at the time of the
of any JUdge appomted prior to the date thereof. abolition of such last-mentioned courts.
PMvi,ion
. rfor 7 Upo n th e h =1ppenrng .. o f a vacancy 1n • the
· , of cJnef
offi ee · [S. 10 rep. 28 o/ 2!1 Viet. c. 15. s. l.J
v,tcancyo t he • t'• I .I •
office of chief Jlld Ice, anc uurmg any aUsence of a (·hie£ justicP the Governor 11. Upon the establishment of the said High Courts in the Eris~i?g
jnl'ltice or other ?enernl in. Council or Go':ernor in Council, as th~ case may be, 151
saiJ Presidencies respectively all provisions then in force in pro;. ~~s
.judge. •hall appomt .<•ne of t~e J~d;.;es of the same High Court to per- India of Acts of Parliament, or of any Orders of Her 11Iajesty in ~~~~~m:
form the duties of chief JUstice of .the said Court until some Council, or cha1 ters, or of any Acts of the Legislature of India, Courts to
pcrs.on I,a, been app,linted by Her Majesty t•> the office nf chief which at the time or respective times of the establishment of snch ift~ /5' :,
JUstice ?f the same Court, and ha.9 entered on the discharge of High Courts are respectively applicable b the Supreme Courts at g ou •
the unties of. s11ch office, or. until the cbief justice has retu~ned Fort William in Bengal, Madras, and Bombay respectively, orto
Jr~m ~uchi abselice; ~nd upon the lappening of a va~ancy iD: the the judges of those Courts, shall be taken to be applicable to the
office of any other JUdge of any such Hi"h Court and durino said High CoUI·ts, and to the judges thereof respectively, so far
any ft~)sence of any such judge, or on the appoint1~cnt of
0
anY u may be consistent with the provisions of this Act, and the
'?ch .JUdge to act. as chief. justice, it shall be lawful for the •Letters Patent to be issued in pursuance thereof, and subject to
Govl'rnor General In Council (Jr Governor in Council, as the case the legislative powers in relation to the matters aforesaid of the
way. Le, .to appoint a person, with bUch qualifications as aro Governor General of India in
re<)Utred Ill pe"on~ to be appointed to the High Cou•t, to act as , CounciL
a JUdge nf the. "'"d H~gh Court; and the perwn so appointed 12. FrJm and after the abolition of the Courts aboii,hed as Provision as to
shall be authorized to sit and to perform the duties of a jndge of aforesaid in any of the said Presidencies, the High Court of the ::£::::.'I:
 774 [24 & 25 V. c. 1o'4.] High Courts (India). A.D. 1861.] High.Conrts (India). ' [24 & 25 v. c. 104.] 775
, [A.D.l861.
abolished . d rn·
courts. sanie Presidency shall have jurisdiction over all proceedings with such qualifications as are req_u~re persons. to .be eluded
Iodin. not tn- -,
within r
pending in .such aboljshed Courts at the time of the abolition a ointed to· the High Courts estabhshed at .the Pre~Idencies the limits. of
thereof; and such proceedings, and all previous proceedings in PP · f ' t' d Her MaJesty f•om time. to tune may 1he localJur>s
herern-be ore ~eJ?.. 10ne. 'as . f £ Her 11-Ia'esty diction of
the said last-mentioned Court•, shall· be dealt with as if the same think fit and appoint; and It shall be law u'1 or h ,u • another High
had been had in the said High Court, save that any such b such Letters Patent to confer on such c?urt an~ sue J~nsd Court.
proceedings may be continued, as nearly as circumstances will dktion powers, and authority as under t~IS Act '~ :~ho~z~o
permit; under and acc~rding to the pract!ce of .the abolished to be c~nferred on or will become ves~ed m the H•~ 0~ d
Courts respectively. be e'tablish~d in any Presidency herem-before mentwneJ '· ~n '
subject to the directions of such Letters Patent, all the ~rot~o':'s
P?•ver to 13. Subject to an'y laws or regulations which may be made of this Act having reference to the High Court esta IS ~e m
H•ghdCo,urts to by the Governor General in Council, the High Court established
proVl e.or . Act may b y 1"ts own ru I es prov1'de
. any p·res1'dency un der tlus nny such Presidency, and to the chief ju•tice and other J~df~s
exerci~ of 1n of Ruch court and to the Governor General or Governor o e
j?-risdi~tion by for the exercise, ~y one or more judges, or by division courts c·on-
""~!e.J~dges stituted by two or more judges of the said Itigh Court, of the 1
Pr~siden~y in' which such High qourt is esti:~•zdt:h:~~ "tri~~
:~::ston 'Original rind·· appellate jurisdiction vested in auch Court, in such as the Circumstances may permit, be app . f . t'
Court established in the said territories, and to the. c~ne .Jus :;;e
manner fiB inay· appear. to such Court to be convenient for the and other, judges thereof, a?d ~o the person aU.mrmstenng Je
due administration of justice.
government of the said terr.tories. , .
Chief justice
to determine 14. The chief justice of each High Court shall from time t<> [ s. 17 rep. 56 & 57 Viet. c. 14. (S.L.R.) S. IS rep. 28 o/ 29 V•ct.
what judges time determine wl,at judge in each cfiSe shall. sit alone, and what . . - c. Ill. s. 2.]
shall sit alone
judges.of the Court, whether with or without· the chief justice, · ~ct .sha11 b e c1eEm~
, d hto Interpretation
or in the divi-
shall constitute the seYeral division courts as aforesaid. 19 The word "barrister" in tlns of terms.
include barristers of England or Ireland, or ~emb?,rQo~er!o:
eiou courts.

H;gh Courts to 15. Each of the High Courts estu hlished under this Act shalL Facult of Advocate' in Scotland; and the words . . .
superintend
and to frame have supenn . te nd ence over a II cour ts wh.tc h may be .sub'~ect Genen~ and Governor" Rio all compreheud the officer admunstermg
rules of to its appellate jurisdiction, and •hall have power to' call for I
the government.
practic_e for returns, und to direct the transfer of any suit or appeal from
suboro.i•ate
courts. any sueh cuurt t o any otl u~r court of equaI or supenor . JUns
. . d'IC- I
tion, and shall have power to make and issue;gen•rall'liles for
regulating the practice and proceedings of such courts, an\! also
to prescribe ,forms f?r every PJ't)Ceeding in the said courts for
~I I
CHAPTER CV.
I
I
I I
which it shall think nece>sa•y that a form be provided, and also
AN AcT to prevent the future Grant by C~py of Co~rt ~ollt''~
for keeping all books, entries, and accounts to be kept by the
officers, and also to settle tables of fees to be allowed to the
sherif( attorneys, and all ch rks and officers of courts, and from
I rtain Leases of .Lands and Hereditaments In ng an
b:longing to Ecclesiastical Benefices. [6th August 1861.]
time to time to alter any such rule or fonn or table; and the [Preamble.]
rules so made, and the forms m fran.ed, and the tables so.s.ettled,
shall be used and obser.ved in the said court., provided that such 1. It shall not be lawful for any preb enda~y 0 f any pie . bend ' Prebenda1ies,.
recto,.., &c. •
w • • , general rules and forms and ..tables be not inconsistent with .the not being a prebend of any, athedral or colleg>ate church, ~ector, shall not gran~.
M '' provisions of any Jaw in force, and shall before. they 1tre issued .yicar, perpetual curate, or incumbent, who :a-fter the p~<.:u~~ of :!u~Pfott~or .-
'' ,have, received the sanction, in· the~ Prt>sidency of Fort 'Villiam of this Act may 'hf'come possessed of or entitled to any ~an .'rs, lease, in coo- "'
1 ~d t ments or hereditaments belonging to any ecclesiaStical sideration of ..
.the Governor General·.in Council,. and in Madras or Bombay of
~he Governor·in Council of the respective Presidencies.
o. J '' I l ,,
an sfi, e~e E gla'nd to make any arant· by copy of court roll or any fin~, ~ny
be ne ce In n , o d. ts · manors, lands,
lease of any such manors, lands, trnements: _or here ttamen In &c. belonging
•
Her Majesty ( . 16. It shall be lawful· for Her Majesty,•if at any time here- consiJ.eration of any fine, premium, or foreg~tt, but the 8ame ~ay, to any bt:ne- .~
lryheCtabliah • after Her Majesty see fit so to do, by Letters Patent under the by any re::tor, vicar, perpetual curate, or Incumbent appomted ::~o:~t~~~h
in,~d r~~~ny Great Seal of the United Kingdom to erect and establish a alter the passing of this Act, be leased, s_o!d, exchanged, ?r may be leased,
portion of the High Court of Judicature.in·and for any portion of the terri- f h'sed or dispo<ed of under the provisiOns of a certam sold, ex· &
~~~rieo tories within Her Majesty's dominions in India not included en ranc 1 , ·· ' .
Act pas·ed in the session of Parliament he Ill
ld . th fif h
e t
d ch&.nged, c.
an under 5 & G
;;:~~~~:r within ~he limit• _of ~he !ocal jurisdiction of another High.Court, · th years of the reign of Her l\fajesty, chapter twenty:seo,;en, Viet; c. 27.
dominio~o in to consist of a ch1ef JUstice :>nd of such number of other JUdges, ~~itU:Jed "An Act for better enabling incumbents of cccle•mstical ""d c. 108·•