BENGAL. and witnessed by persons resident in Great Britain; for remedy thereof, be it enacted, that whenever any bond, or other deed or writing, executed in the East-Indies, and attested by any person or persons resident there, shall be offered in evidence in any of the courts of justice in Great Britain, it shall be sufficient to prove, by one or more credible witness or witnesses, that the name or names subscribed to such bond, deed, or writing, purporting to be of the hand or hands-writing of the obligor or obligors to such bond, or of the party or parties to such deed or writing, is or are of the proper handwriting or hands-writing of such obligor or obligors, party or parties respectively; and that the name or names set and subscribed of the witness or witnesses attesting the execution of the same respectively, is or are of the proper hand or hands-writing of the witness or witnesses so attesting the same, and that such witness or witnesses is or are resident in the East-Indies; and, in like manner all courts of justice in the East-Indies shall admit the like proof of the execution of bonds and other deeds and writings executed in Great Britain, and witnessed by any person or persons resident in Great Britain: and such proofs shall be deemed and taken to be as valid and sufficient evidence of the due execution of such bonds, and other deeds and writings, as if the witness or witnesses thereto was or were dead. The judge of the supreme court at Fort William, and of the supreme monly called Insolvent Debtors. (26) And whereas doubts may have arisen whether any of the Courts of Judicature established in India by virtue of his Majesty's charter, are competent to court to be erect- administer adequate relief to insolvent debtors, who ed at Madras and stand charged in execution for debts under a certain the court of the recorder at Bom- amount, according to the provisions of an act passed bay, may make in the thirty-second year of his late Majesty's reign, rules for extend- commonly called The Lord's Act, be it therefore furing to insolvent debtors the relief ther enacted, that it shall and may be lawful for the intended by act judge of the said Supreme Court at Fort William, and 32 Geo. 2, com- of the Supreme Court which his Majesty is empowered The Lord's Act. by this act to erect at Madras, or for the Court of the Recorder at Bombay, to make and publish such rules and orders as to them respectively shall seem meet, for extending to such insolvent debtors as shall be in execution under the process of such respective courts, or of any court previously established at such presidency respectively, for sums under the amount to be prescribed by such rules and orders, the relief intended by the said act, and to prescribe and order what weekly sum the creditor or creditors at whose suit such debtor stands charged in execution, shall be obliged to pay and allow, in case such creditor or creditors shall insist on such debtor being detained in custody, and to adopt and proportion the same, as well as the amount of such debt as above-mentioned, to the general state and condition of such debtors, whether natives or Europeans, under LAWS. 1786. 26 Geo. 3, c. 57, § 38. 1800. 39 and 40 Geo. 3, c. 79, $ 23. 1800. 39 and 40 Geo. S, c. 79, § 23. § 24. BENGAL. LAWS. under the jurisdiction of such court respectively; and such courts are hereby authorized and empowered, as soon as such rules and orders shall have been made and established, to proceed to act upon the same accordingly as cases may arise to require the same, and to make such orders in such cases as may be necessary to carry the same fully into effect: provided always, that all such rules and orders as are first above mentioned, for prescribing the mode in which such relief shall be administered, shall be transmitted to the president of the Board of Commissioners for the Affairs of India, to be laid before his Majesty for his royal approbation, correction, or revision, and such rules and orders shall be observed until the same shall be repealed or varied, and in the last case with such variation as shall be made therein. (27) And be it further enacted, that all rules and orders heretofore made or hereafter to be made, previous to the notification of this present act, in such presidencies respectively, by any of the courts abovementioned, or any court previously established in either of the said presidencies for the relief and discharge of such insolvent debtors, and all acts by them, or either of them, done or commanded in pursuance thereof, shall be, and they are hereby ratified and confirmed, them shall be and all present actions and suits, indictments, informa- void. tions, and all molestations, prosecutions, and proceedings whatsoever, which may have been, or may be had, commenced, or prosecuted, against any person whomsoever, for acting or having acted under and in obedience to any such rules or orders, are and shall be discharged, annulled, and utterly made void and of no effect, to all intents and purposes, by virtue of this act. 1781. c. 70, § 17. All rules made previous to the notification of presidencies, for the relief of insolvent debtors, shall be confirmed, and all suits commenced for this act in the acting under How the supreme court shall tions between Mahomedan and determine ac Gentû inhabitants of Calcutta. Native Laws and Usages to be observed. (28) The Supreme Court of Judicature at Fort Wil21 Geo. 3, liam in Bengal shall have full power and authority to hear and determine, in such manner as is provided for that purpose in the said charter or letters patent, all and all manner of actions and suits against all and singular the inhabitants of the said city of Calcutta ; provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing between party and party, shall be determined, in the case of Mahomedans, by the laws and usages of Mahomedans; and in the case of Gentûs, by the laws and usages of Gentûs: and, where only one of the parties shall be a Mahomedan or Gentû, by the laws and usages of the defendant. (29) In order that regard should be had to the civil and religious usages of the said natives, be it enacted, that the rights and authorities of fathers of families, and masters of families, according as the same might have been exercised by the Gentû, or Mahomedan § 18. The authority of fathers and masters of fami lies, among the natives, to be preserved, &c. law, BENGAL. law, shall be preserved to them respectively within their said families; nor shall any acts done in consequence of the rule and law of caste, respecting the members of the said families only, be held and adjudged a crime, although the same may not be held justifiable by the laws of England. process, &c. in The supreme suits against the natives, as shall suit their religion and manners. Such forms to be transmitted to one of the Secretaries of State for his Majesty's approbation. (31) Such new forms of process, and rules and orders for the execution thereof, shall be forthwith transmitted to one of his Majesty's principal secretaries of state, to be laid before his Majesty, for his royal approbation, correction, or refusal; and such process shall be used, and such rules and orders shall be observed until the same shall be repealed or varied; and in the last case, with such variations as shall be made therein. Passage-Money to Judges, &c. The Court of Directors shall, and they are hereby required to pay and advance to all and singular the persons hereafter mentioned, who shall be resident in the United Kingdom at the time of their respective appointments, for the purpose of defraying the expenses of their equipments and voyage, such sums of money as are set against the names of such persons respectively; that is to say, To the chief justice, Fort William.. Each of the puisne judges (Vide Passage-Money.) Salaries. £1,500 cution of c. 63, § 21. The salaries of the judges of the Supreme Court at Calcutta To the chief justice of the Supreme Court.... £8,000 per annum. (Vide Salaries.) Pensions. The existing laws as to pensions to the judges were framed in 1825, by which it is provided that no allowance shall be made to any judge who shall not have resided in India as chief justice or puisne judge, or as partly one and partly the other, for five years; after which period the scale of pensions is guided by length of service. To If a chief justice has not filled that office in one of the Supreme Courts for five years, he is only entitled, on resigning, to the allowance to be made to the puisne judges of the court to which such chief justice shall belong.-For the Laws (Vide Pensions.) MADRAS AND BOMBAY. The Mayor's Court, which existed at Madras until 1797, was in that year superseded by the establishment of a Recorder's Court, under the 37th Geo. III, cap. 142, which court was abolished in 1800 by the act of the 39th and 40th Geo. III, cap. 79; and a Supreme Court of Judicature was erected in its room, to consist of a chief justice and two puisne judges. Letters patent granting a charter of justice were issued on the 26th December 1801. In the year 1823, an act was passed authorizing the abolition of the Recorder's Court at Bombay and the establishment in its room of a Supreme Court of Judicature, to consist of the like number of judges as the Supreme Court at Fort William in Bengal (4th Geo. IV, cap. 71), by the 17th section of which act it was provided, that the courts at Madras and Bombay shall have the same powers as the court at Fort William. It has therefore been deemed unnecessary to give more than the second section of the act of 1800, establishing the Supreme Court at Madras, and the 7th and 17th sections of the act of 1823, establishing a Supreme Court at Bombay, and investing those courts respectively with the powers possessed by the Supreme Court at Calcutta, the laws regarding which have already been noticed. LAWS. 1800. 39 and 40 LAWS. Establishment of Supreme Court at Madras. (1) And whereas it may be expedient, for the better His Majesty c. 79, 2. administration of justice in the said settlement of may establish & Geo. 3, Madras, MADRAS AND BOMBAY. supreme court of Madras, that a Supreme Court of Judicature should be Supreme court of judicature at Bombay to be established. (2) And whereas his late Majesty King George II. did by his letters patent bearing date at Westminster the eighth day of January in the twenty-sixth year of his reign, grant unto the United Company of Merchants of England trading to the East-Indies, his royal charter, thereby amongst other things constituting and establishing courts of civil, criminal, and ecclesiastical jurisdiction at the United Company's respective settlements at Madraspatnain, Bombay, or the Island of Bombay and Fort William in Bengal; and whereas the said charter in as far as it respects the administration of justice at Bombay, has been altered and changed by virtue of an act passed in the thirty-seventh year of his late Majesty King George III, intituled " An Act for the better "Administration of Justice at Calcutta, Madras, and Bombay; and "for preventing British subjects from being concerned in Loans to "Native Princes in India ;" and by letters patent granted by his said late Majesty King George III, and bearing date at Westminster on the twentieth day of February in the thirty-eighth of his reign, amongst other things, for the establishment of a court called "The Court of "the Recorder of Bombay;" and whereas the said charter of the eighth day of January in the twenty-sixth year of the reign of his Majesty King George II, so far as it respects the administration of justice at Fort William in Bengal, has been altered and changed by virtue of an act passed in the thirteenth year of his said late Majesty LAWS. 1800. 39 and 40 Geo. 3, c. 79, § 2. 1823. 4 Geo. 4, c. 71, § 7. |
