| [14th May, 1862] |
Letters Patent
Constituting the High Court of Judicature for the Bengal Division of the Presidency of Fort William, bearing date the fourteenth day of May in the twenty-fifth Year of the reign of Victoria in the year of our Lord one thousand eight hundred and sixty-two.
Recital of Act 24 and 25 Vic., cap. 104.- VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, To all to whom these Presents shall come, greeting : Whereas by an Act of Parliament passed in the Twenty-fourth and Twenty-fifth Years of Our Reign, cntituled "An Act for establishing High Courts of Judicature in India," it was, amongst other tilings, enacted that it should be lawful for Her Majesty, by Letters Patent "under the Great Seal of the United Kingdom, to erect and establish a High Court of Judicature at Fort William in Bengal, for the Bengal Division of the Presidency of Fort William aforesaid, and that such High Court should consist of" a Chief Justice and as many Judges, not exceeding fifteen, as Her Majesty migli from tme to time, think tit to appoint, who should be selected from among persons qualified as jn the said Act is declared : Provided always, that the persons who, at the time of the establishment of such High Court, were Judges of the Supreme Court of Judicature, and permanent Judges of the Couit of Sudder Dewanny Adawlut or Sudder Adawlut of the same Presidency, should be and become Judges of such High Court without further appointment for that purpose, and the Chief Justice of such Supreme Court should become the Chief Justice of such High Court, and that upon the establishment of such High Court, as aforesaid, the Supreme Court and the Court of Sudder Dewanny Adawlut and Sudder Nizamut Adawlut at Calcutta, in the said Presidency, should be abolished:
And that the High Court of Judicature so to be established should have and exercise all such civil, criminal, admiralty and vice-admiralty, testamentary, intestate, and matrimonial jurisdiction, original and appellate, and all such powers and authority for, and in relation to, the administration of justice in the said Presidency as Her Majesty might, by such Letters Patent as aforesaid, grant and direct, subject, however, to such directions and limitations, as to the exercise of original Civil and Criminal jurisdiction beyond the limits of the Presidency Town, as might be prescribed thereby and save as by such Letters Patent might be otherwise directed, and subject and without prejudice to the legislative powers in relation to the matters aforesaid of the Governor-General of India in Council, the High Court so to be established should have and exercise all jurisdiction, and every power and authority whatsoever, in any manner vested in any of the Courts in the same Presidency abolished under the said Act at the time of the abolition of such last-mentioned Courts.
1. Establishment of High Court at Fort William.- Now know ye that We, upon full consideration of the premises, and or Uur especial grace, certain knowledge, and mere motion, have thought fit to erect and establish, and by these presents We do, accordingly, for Us, Our heirs and successors, erect and establish, at Fort William in Bengal, for the Bengal Division of the Presidency of Fort William aforesaid, a High Court of Judicature, which shall be called the High Court of Judicature at Fort William in Bengal, and We do hereby constitute the said Court to be a Court of Record.
2. Constitution and first Judges of the High Court.- And We do hereby appoint and ordain that the said High Court of Judicature at Fort William in Bengal shall until further or other provision shall bo made by Us or Our heirs and successors in that behalf, in accordance with the recited Act, consist of a Chief Justice and thirteen Judges, the first Chief Justice being Sir Barnes Peacock, Knight, and seven of the Judges being Sir Charles Robert Alitchcl Jackbou, Knight, Sir Mordaunt Lawson Wells, Knight, Henry Thomas Raikes, Esq, Charles Binny Trevor, Esq., George Loch, Esq., Henry Vincent Bayley, Esq., and Charles Steer, Esq., according to the appointments made by Ihe said Act; and We do hereby constitute and appoint John Paxton Norman, Esq., Walter Morgan, Esq., Francis Baring Kemp, Esq., Walter Scott Seton-Knrr, Esq., and Louis Stuart Jackson, Esq., being respectively qualified, as in the said Act is declared, to be Judges of the said High Court.
3. Declaration to be made by Judges.- And We do hereby ordain that the Chief Justice and every Judge of the said High Court of Judicature at Fort William in Bengal, previously to eutering upon the execution of the duties of his office, shall make and subscribe the following declaration before such authority or person as the Governor-General in. Council may commission to receive it:-
"I, A.B.appointed Chief Justice [or a Judge] of the High Court of Judicature at Fort William in Bengal, do solemnly declare that I will faithfully perform the duties of my office to the best of my ability, knowledge, and judgment."
4. And We do hereby grant, ordain, and appoint that the said High Court of Judicature at Fort William in Bengal shall have and use, as occasion may require, a seal bearing a device and impression of Our Royal arms, within an exergue or label surrounding the same, with this inscription, "The Seal of the High Court at Fort William in Bengal." And We do further grant, ordain, and appoint that
The said Seal shall be delivered to and kept in the custody of the Chief Justice, and in case of vacancy of the office of Chief Justice, or during any absence of the Chief Justice, the same shall be delivered over and kept in the custody of the person appointed to act as Clfief Justice under the provisions ot Section 7 of the recited Act; and We do further grant, ordain, and appoint that, whensoever it shall happen that the office of Chief Justice or of the Judge to whom tho custody of the said Seal be committed shall be vacant, the said High Court shall bo and is hereby authorized and empowered to demand, seize, and tako the said Seal from any person or persons whomsoever, by what ways and means soevor the same may have come to his, her, or their possession.
5. Writs, & c., to issue in name of the Crown and under Seal.- And We do hereby further grant, ordain, and appoint that all writs, summons, precepts, rules, orders, and other mandatory process to be used, issued, or awarded by the said High Court of Judicature at Fort William in Bengal, shall run and be in the name and style of Us, or ot Our heirs and successors, and shall be sealed with the Seal of the said High Court.
6. Appointment of Officers.- And We do hereby authorize and empower the Chief Justice of the said High Court to Judicature at Fort William in Bengal from time to time, as occasion may require, and subject to any rules and restrictions which may be prescribed by the Governor-General in Council, to appoint so many and such clerks and other ministerial officers as shall be found necessary for the administration of justice, and the due execution of ail the powers and authorities granted and committed to the said High Court by these our Letters Patent. And We do hereby ordain that every such appointment shall be forthwith submitted to the approval of the Governor-General in Council, and shall be either confirmed or disallowed by the Governor-General in Council. And it ia Our further will and pleasure, and We do hereby, for Us, Our heirs and successors, give, grant, direct, and appoint that all and every the officers and clerks to be appointed as aforesaid shall have and receive respectively such reasonable salaries as the Chief Justice shall, from time to time, appoint for each office and place respectively, and as the Governor-General in Council shall approve of: Provided always, and it is Our will and pleasure, that all and every the officers and clerks to be appointed as aforesaid shall be resident within the limits of the jurisdiction of the said Gourt so long as they shall hold their respective offices; but this proviso shall not interfere with or prejudice the right of any officer or clerk to avail himself of leave of absence under any rules prescribed by the Governor-General in Council, and to absent himself from the said limits during the term of such leave, in accordance with the said rules.
Admission of Advocates, Vakeels, a art Attorneys.
7. Powers of High Court in admitting Advocates, Vakeels, and Attorneys.- And We do hereby authorize and empower the said High Court of Judicature at feort William in Bengal to approve, admit, and enrol such and so many Advocates as to the said High Court shall seem meet, who shall be and are hereby authorized to appear and plead for the suitors of the said High Court, subject to the rules and directions of such Court.
8. And We do further authorize and empower the said High Court of Judicature at Fort William in Bengal to approve, admit, and enrol, such and so many Vakeels as to the said High Court shall seem meet, who shall be and are hereby authorized to appear, plead, and act for the suitors of the said High Court, subject to the rules and directions of such Court.
9. And We do further authorize and empower the said High Court of Judicature at Fort William in Bengal to approve, admit, and enrol, such and so many Attorneys-at-law as to the High Court shall seem meet, who shall be and are hereby authorized to appear and act for the suitors of the said High Court, subject to the rules and directions of such Court.
10. In making rules for the qualifications, & c., of Advocates, Vakeels, and Attorney.- And We do hereby ordain that the said High Court of Judicature at Fort William in Bengal shall have power to make rules for the qualification and admission of proper persons to be Advocates, Vakeels, and Attorneys-at-law of the said High Court, and shall be empowered to remove, on reasonable cause, the said Advocates, Vnkeels, or Attorneys-at-law, and no person whatsoever but such Advocates or Vakeels shall be allowed to plead for, or on behalf of, any suitor in the said High Court and no person or persons whatever, but such Vakeels or Attorneys-at-law shall be allowed to act for any suitor in the said High Court, except that arfy suitor shall be allowed to appear, plead, or act on his own behalf, or on behalf of a co-suitor.
Civil Jurisdiction of the High Court.
11. Local limits of the ordinary original jurisdiction of the High Court.- And We do hereby ordain that the said High Court of Judicature at Fort William in Bengal shall have and exercise ordinary original Civil jurisdiction within such local limits as may, from time to time, be declared and prescribed by any law or regulation made by the Governor-General in Council, and until some local limits shall be so declared and prescribed, within the limits declared and prescribed by the proclamation fixing the limits of Calcutta issued by the Governor-General in Council, on the Tenth day of September in the year of our Lord One thousand seven hundred and ninety-four, and the ordinary original Civil jurisdiction of the said High Court shall not extend beyond the limits for the time being declared and prescribed as the local limits of such jurisdiction.
12. Original jurisdiction as to suits.- And We do further ordain that the said High Court of judicature at Fort William in Bengal, in the exercise of its ordinary original Civil jurisdiction, shall be empowered to receive, try, and determine suits of every description, if, in the case of suits for land or other immoveable property, such land or property shall be situated, or in all other cases if the cause of action shall have arisen, or the defendant at the time of the commencement of the suit shall dwell, or carry on business, or personally work for gain within the local limits of the ordinary original jurisdiction of the said High Court, except that it shall not have such original jurisdiction in casus falling within the jurisdiction of the Small Cause Court at Calcutta, in which the debt or damage, or value of the property, sued for, does not exceed one hundred Kupoes.
13. Extraordinary original Civil jurisdiction.- And We do further ordain that the said Hiijh Court of Judicature at Fort William in Bengal shall have power to remove, and to try and determine, as a Court of extraordinary original jurisdiction, any suit being or iallmg within the jurisdiction of any Court, whether within or without the bengal Division of the Presidency of Fort William, subject to its superintendence, when the said High Couit shall think proper to do so, either on the agreemeut of the parties to that effect, or for purposes of justice, the reasons for so doing being recorded on the proceedings ol the said High Court.
14. Appeal from the Court a of original jurisdiction to the High Court in its appellate jurisdiction.- And We do further ordain that an appeal shall lie to the said High Court of Judicature at Fort William in Bengal from the judgment, in all cases of original Civil jurisdiction, of one or more Judges of the said High Court, or of any Division Court, pursuant to Section 13 of the said recited Act: Provided always that no such appeal shall lie to the High Court as aforesaid from any such decision made by a majority of the full number of Judges of the said High Court, but that the right of appeal in such case shall be to Us, Our heirs or successors, in Our or their Privy Council, in manner hereinafter provided.
15. Appeal from Courts in the Provinecs.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal shall be a Court of appeal from the Civil Courts of the Bengal Division of the Presidency of Fort William, and from all other Courts, whether withm or without the said Bengal Division, from which there is now an appeal to the Court of Siidder Dewanny Adawlut at Calcutta, and shall, exercise appellate jurisdiction in such cases as are subject to appeal to the said Court of Sudder Dewannv Adawlut, by virtue of any laws or regulations now in force, or shall become subject to appeal to the said High Court by virtue of such laws or regulations relating to Civil Procedure as shall be hereafter made by the Governor-General in Council.
16. Jurisdiction as to infants and lunatics.- And We do further ordain that the said High Court of Judicatureat Fort William in Bengal shall have the like power and authority with respect to the persons and estates of infants, idiots, and lunatics, whether with-in or without the Bengal Division of the Presidency of Fort William, as that which is now vested in the said Supreme Court at Calcutta.
17. Provision with vespect to the Insolvent Court.- And We do further ordain that the Court for relief of Insolvent debtors at Calcutta shall be held before one of the Judges of the said High Court of Judicature at Fort William in Bengal, and the said High Court, and any such Judge thereof, shall have and exercise, whether within or without the Bengal Division of the Presidency of Fort William, such powers and authorities with respect to original and appellate juflsdiction and otherwise as are constituted by the laws relating to Insolvent debtors in India.
Law to be administered by the High Court of the Bengal Division of tiie Presidency of Fort Wiliiam in Civil Cases.
18. By the High Court in the exercise uf ordinary original Civil jurisdiction.- We do further ordain that, with respect to the law or equity to be applied to each case coming before tlie said High Court of Judicature at Fort William in Bengal, in the exercise of its ordinary original Civil jurisdiction, such law or equity shall (until other-wise provided) be the law or equity which would have been applied by the said Supreme Court at Calcutta to such case if these Letters Patent had not issued.
19. In the exercise of extraordinary original Civil jurisdiction.- And We do further ordain that, with respect to the law or equityana ruie oi gooa conscience to De appnea to eacn case coming before the said High Court of Judicature at Fort Wiiliam in Bengal, in the exercise of its extraordinary original Civil jurisdiction, such law or equity and rule of good conscience shall (until otherwise provided) be the law or equity and rule of good conscience which would have been applied to such case by any local Court having jurisdiction therein.
20. By the High Court in the exercise of appellate jurisdiction.- And We do further ordain that, with respect to the law or equity and rule of good conscience to be applied by the said High Court of Judicature at Fort William in Bengal, to each case coming before it in the exercise of its appellate jurisdiction, such law or equity and rule of good conscience shall be the law or equity and rule of good conscience Which the Court in which the proceedings in such case were originally instituted ought to have applied to such case.
Criminal Jurisdiction.
21. Ordinary original jurisdiction of the High Court.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal shall have ordinary original Criminal jurisdiction within the local limits of its ordinary original Civil jurisdiction and in respect of all persons beyond sucfl limits, over whom the said Supreme Court at Calcutta now has Criminal jurisdiction.
22. Jurisdiction as to persons.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal in the exercise of its ordinary original Criminal jurisdiction, shall be empowered to try all persons brought before it in due course of law.
23. Extraonlinary original Criminal jurisdiction.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal shall have extra-ordinary original Criminal jurisdiction over all persons residing in places within the jurisdiction of any Court now subject to the superintendence of the Sudder Nizamut Adawlut at Calcutta, whether within or without the Bengal Division of the Presidency of Fort William, and shall have authority to try at its discretion any such persons brought before it on charges preferred by the Advocate-General, or by any Magistrate or other Officer specially empowered by the Government in that behalf.
24. No appeal from High Court exercising original jurisdiction.- And We do further ordain that there shall be no appeal to the said High Court of Judicature at Jb ort William in Bengal from any sentence or order passed in any Criminal Court may reserve points of law.- trial before the Courts of original Criminal jurisdiction which may be constituted by one or more Judges of the said High Court. But it shall be at the discretion of any such Court to reserve any point or points of law for the opinion of the said High Court.
25. High Court to review on certificate of the Advocate-General.- And We do further ordain that, on such point or points of law being so reserved as aforesaid, or on its being certified by the said Advocate-General that, in his judgment, there is an error in the decision of a point or points of law decided by the Court ot original Criminal jurisdiction, or that a point or points of law which has or have been decided by the said Court should be further considered, the said High Court shail have full power and authority to review the case, or such part of it as may be necessary, and finally determine such point or points of law, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass such judgment and sentence as to the said High Court shall seem right.
26. Appeal from Criminal Courts in the Provinces.- And We do further ordain that the said High Court of Judicature at rort-William in Bengal shall be a Court ot appeal from the Criminal Courts of the Bengal Division of the Presidency of Fort William, and from all other Courts, whether within or without the said Bengal Division, from which there is now an appeal to the Court of Sudder Nizamut Adawlut at Calcutta, and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said Court of Sudder Nizamut Adawlut, by virtue of any laws or regulations now in force, or shall become subject to appeal io the said High Court by virtue of such laws or regulations relating to Criminal Procedure as shall be hereafter made by the Governor-General in Council.
27. Hearing of referred cases and revision of Criminal trials.- And We do further ordain that the said High Court of Judicature at lort William in Bengal shall be a Court of reference and revision from the Criminal Courts subjret to its appellate jurisdiction, and shall have power to hear and determine all such cases referred to it by the Session Judges, or by any other Officers authorized to refer cases to the Sudder Nizamut Adawlut, aud to revise all such cases tried by any Officer or Court possessing Criminal jurisdiction as are now subject to reference to, or revision by, the said Court of Sudder Nizamut Adawlut, whether within or without the Bengal Division of the Presidency of Fort William, or shall become subject, to such reference to, or revision by, the said High Court by virtue of such laws or regulations relating to Criminal Procedure as shall be hereafter made by the Governor-General in Council.
28. High Court may direct the transfer of a case from one Court to another.- And We do further oidnin that the said High Court shall have power to direct the transfer of any Criminal case or appeal from any Court to any other Court of equal Uid or superior jurisdiction, and also to direct the preliminary investigation or trial of any Criminal case by any Officei or Court otherwise competent to investigate or try it, though such belongs, in ordinary course, to the jurisdiction of some other Officer or Court.
Criminal Law.
29. Offenders to be punished under Indian Penal Code.- And We do further ordain that all persons brought for trial before the said High Court of Judicature at Fort William in Bengal, either in the exercise of its original judictiou or in the exercise of its jurisdiction as a Court of appeal, reference, or revision, charged with any offence for which provision is made by Act No. XLV. of 1860, called the "Indian Penal Code" shall be liable to punishment under the said Act, and not otherwise, subject nevertheless to such alterations, modifications, and additions in and to such Code as may have been or may be prescribed by any acts or regulations made by the Governor-General in Council.
Exercise of Jurisdiction elsewhere than tot the ordinary place of sitting’ of the High Court.
30. Judges may be authorized to sit in any places by way of circuit or special commission.- And We do further ordain that whenever it shall appear to the Governor-General in Council convenient that the jurisdiction and power by these Our Letters Patent, or by the recited Act, vested in the said High Court of Judicature at Fort William in Bengal, should be exercised in any place within the jurisdiction of any Court now subject to the superintendeuce of the Sudder Dewanny Adawlut or Sudder Nizamut Adawlut at Calcutta, whether within or without the Bengal Division of the Presidency of Fort William, other than the usual place of sitting of the said High Court, Or at several such places by way of circuit, and the Governor-General in Council shall, bv his commission for that purpose, authorize and direct any of the Judges of such Court to hold sittings in such place or places accordingly, at in within such times as by such commission may bo authorized or directed, the Judge or Judges acting under such commission, in the places and manner therein directed, shall have and exrtcise the same jurisdiction, power, and authority as would be had and exercised by a Judge or Judges of the said High Court, as the case may be, in its ordinary place of sitting.
Admiralty and Vice-Ad mi ruin Jurisdiction.
31. Civil.- And We do further ordain that the sn id High Court of Judicature at Fort William in Bengal shall have and exercise all such Civil and Maritime jurisdiction as may now be exercised by the said Supreme Court as a Court of Admiralty, or by any Judge of the said Court as Commissary to the Vice-Admiralty Court, and also such jurisdiction for the trial and adjudication of prize causes and other maritime question arising in India as is now vested in any Commissioner or Commissioners appointed by Us or Our predecessors, under the powers given by an Act passed in the Session of Parliament held in the Thirty-ninth and Fortieth Years of the reign of his late Majesty King George the Third, "for establishing "further regulations for the government of the British territories "in India and the better administration of justice within the "same."
32. Criminal.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal shall have and exercise all such Criminal jurisdiction as may now be exercised by the said Supreme Court as a Court of Admiralty, or by such Commissary to the Vice-Admiralty Court or by any such Commissioner or Commissioners as aforesaid.
Testamentary and Intestate Jurisdiction.
34. Repeal of certain parts of former Letters Patent as to Ecclesiastical jurisdiction.- And We do further ordain that so much of the Letters Patent bearing date the Twenty-sixth day of March, in the Fourteenth Year of the reign of His Majesty King George the Third, in the year of our Lord One thousaud seven hundred and seventy-four, as authorizes and empowers the Supreme Court to take cognizance of and proceed in causes, suits, and business in the exercise of Ecclesiastical jurisdiction shall cease and determine, except as hereinafter mentioned.
34. Testamentary ami intestate jurisdiction.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal shall have the like power and authority as that which may now be exercised by the said Supreme Court, whether within or without the Bengal Division of the Presidency of Fort William, in relation to the granting of probates of last wills and testaments, and letters of administration of the goods, chattels, credits, and all other effects whatsoever, of persons dying intestate, whether within or without the said Bengal Division. Matrimonial Jurisdiction.
35. Matrimonial jurisdiction.- And We do further ordain that the said High Court of Judicature at Fort William in Bengal shall have jurisdiction in matters matrimonial between Our subjects professing the Christian religion, and that such jurisdiction shall extend to the local limits within which the Supreme Court now has Ecclesiastical jurisdiction : Provided always that nothing herein contained shall be held to interfere with the exercise of any jurisdiction in matters matrimonial by any Court not established by Royal Charter within the said Presidency lawfully possessed thereof.
Powers of single Judges anil Division Courts.
36. Single Judges and Division Courts.- And We do hereby declare, that any function which is hereby directed to be performed by the said High Court of Judicature at Fort William in Bengal, in the exercise of its original or appellate jurisdiction may be performed by any Judge, or by any Division Court thereof, appointed or constituted for such purpose, under the provisions of the Thirteenth Section of the aforesaid Act of the 24th and 25th years of Our reign.
Civil Procedure.
37. Regulation of proceedings.- And We do further ordain that the proceedings in all matters coming before the said High Court of Judicature at Fort William in Bengal, in the exercise of its testamentary and intestate jurisdiction, shall be regulated by the rules relating to the granting of probates and letters of administration contained in the aforesaid Letters Patent of His Majesty King George the Third, and by such further or other rules in respect thereof as are now in force; and that the proceedings in all matters coming before the said High Court, in the exercise of its matrimonial jurisdiction, shall be regulated, as nearly as may be, by the rules and proceedings of Our Court for Divorce and Matrimonial Causes in England; and that, save as hereinbefore in this clause otherwise provided, the proceedings in Civil suits of every description between party and party brought in the said High Court shall be regulated by the Code of Civil Procedure prescribed by an Act passed by the Governor-General in Council, and being Act No. VIII. of 1859, and by such further or other enactments of the Governor-General in Council in relation to Civil Procedure as are now in force : Provided always that the regulations of such proceedings respectively shall be subject to such laws and regulations as shall be hereafter made by the Governor-General in Council in relation to such proceedings respectively.
Criminal Procedure.
38. Regulation of proceedings.- And We do further ordain that the proceedings in all Criminal cases winch shall be brought before the said High Court of Judicature at Fort William in Bengal, in the exercise of its ordinary original Criminal jurisdiction, and also in all other Criminal cases over which the said Supreme Court now has jurisdiction, shall be regulated by the procedure and practice now in use in thfc said Supreme Court, and that the proceedings in all other Criminal cases shall be regulated by the Code of Criminal Procedure prescribed by an Act passed by the Governor-General in Council, and being Act No. XXV. of 1861, or by such further or other enactments of the Governor-General in Council in relative to Criminal Procedure as are now in force : Provided always that tne regulation of such proceedings respectively shall be subject to such laws and regulations as shall be hereafter made by the Governor-General in Council in relation to such proceedings respectively.
Appeals to Privy Council.
39. Power to appeal.- And We do further ordain that any person or persons may appeal to Us, Our heirs or successors, in Our or their Privy Council, in any matter not being of Criminal jurisdiction, from any final judgment, decree, or order of the said High Court of Judicature at Fort William in Bengal made on appeal, and from any such final judgment, decree, or order made in the exercise of original jurisdiction by a majority of the full number of Judges of the said High Court as hereinbefore mentioned : Provided in either case that the sum or matter at issue is above the amount or value of 10,000 Rupees, or in case such judgment, decree, or order shall involve, directly or indirectly, any claim, demand, or question to or respecting property amounting to or of the value of 10,000 Rupees or from any other final judgment, decree, or order made either on appeal or otherwise as aforesaid, when the said High Court shall declare that the case is a fit one for appeal to Us, Our heirs or successors, in Our or their Privy Council. Subject always to such rules and orders as are now in force, or may from time to time be made, respecting appeals to Ourselves in Council from the Courts of the said Presidency. Except so far as the said existing rules and orders respectively arj hereby varied, and subject also to such further rules and orders as We may, with the advice of Our Privy Council, hereafter make in that behalf.
40. Appeal from interlocutory judgments.- And We further ordain that it shall be lawful for the said High Court of Judicature at Fort William in Bengal, at its discretion, on the motion, or if the said High Court be not sitting, then for any Judge of the said High Court upon the petition of any party who considers himself aggrieved by any preliminary or interlocutory judgment, decree, order, or sentence of the said High Court, in any such proceeding as aforesaid, not being of Criminal jurisdiction, to grant permission to such party to appeal against the same to Us, Our heirs and successors, in Our or their Privy Council, subject to the same rules, regulations and limitations as are herein expressed respecting appeals from final judgments, decrees, orders, and sentence.
41. Appeal in Criminal cases & c.- And We do further ordain that from any judgment, order, or sentence of the said High Court of Judicature at Fort William in Bengal made in the exercise of original Criminal jurisdiction, or in any Criminal case where any point or points ot law have been reserved for the inion of the said High Court in manner hereinbefore provided, by y Court which has exercised original jurisdiction, it shall be lawful for the person aggrieved by ^flch judgment, order, or sentence to appeal to Us, Our heirs or successors in Council, provided the said High Court shall declare that the case is a fit one for such appeal, and under such conditions as the said High Court may establish or require, subject always to such rules and orders as We may, with the advice of Our Privy Council, hereafter make in that behalf.
42. Rule as to transmission of copies of evidence and other document.- And We do further ordain that, in all cases of appeal made from any judgment, order, sentence, or decree, ot the said High Court of Judicature at Fort William in Bengal to Us, Our heirs or successors, in Our or their Privy Council, such High Court shall certify and transmit to Us, Our heirs and successors, in Our or their Privy Council, a true and correct copy of all evidence, proceedings, judgments, decrees, and orders had or made, in such cases appealed, so far as the same have relation to the matters of appeal, such copies to be certified under the seal of the said High Court. And that the said High Court shall also certify and transmit to Us, Our heirs and successors, in Our or their Privy Council, a copy of the reasons given by the Judges of such Court, or by any of such Judges, for or against the judgment or determination appealed against. And We do further ordain that the said High Court shall, in all cases of appeal to Us, Our heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as We, Our heirs or successors, in Our or their Privy Council shall think fit to make in the premises, in such manner as any original judgment, decree, or decretal orders, or other order or rule of the said High Court, should or might have been executed.
Call for Records, & c., by the Government.
43. High Court to comply with requisition from Government for records, & c..- And it is Our further will and pleasure that the said High Court of Judicature at rort William in Bengal shall comply with such requisitions as may be made by the Government for records, returns, and statements, in such lorm and manner as such Government may deem proper.
44. Provisions of former Letters Patent inconsistent with the Act 24 and 25 Vic., c. 104., and with these Letters Patent to be void on the establishment of the High Court.- And it is Our further will and pleasure that, from and after the establishment of the said High Court of Judicature at Fort William in Bengal, so much of the aforesaid Letters Patent granted by his Majesty King George the Third as is inconsistent with the recited Act and with these Letters Patent shall cease, determine, and be utterly void to all intents and purposes whatsoever.
In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster the Fourteenth day of May in the Twenty-fifth Year of Our Reign.
By Warrant under the Queen's Sign Manual,
C. ROMILY.
By Order of the Governor-General in Council,
E.C. BAYLEY,
Secy, to the Govt, of India.