Judicial Committee Act 1833
| Jurisdiction | UK Non-devolved |
(3 & 4 Will. 4) C A P. XLI.
[14th August 1833]
'WHEREAS by virtue of an Act passed in a Session of Parliament of the Second and Third Years of the Reign of His present Majesty, intituled An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council , it was enacted, that from and after the First Day of February One thousand eight hundred and thirty-three it should be lawful for every Person who might theretofore, by virtue either of an Act passed in the Twenty-fifth Year of the Reign of King Henry the Eighth, intituled The Submission of the Clergy and Restraint of Appeals , or of an Act passed in the Eighth Year of the Reign of Queen Elizabeth , intituled For the avoiding of tedious Suits in Civil and Marine Causes , have appealed or made suit to His Majesty in His High Court of Chancery, to appeal or make suit to the King's Majesty, His Heirs or Successors, in Council, within such Time, in such Manner, and subject to such Rules, Orders, and Regulations for the due and more convenient Proceeding, as should seem meet and necessary, and upon such Security, if any, as His Majesty, His Heirs and Successors, should from Time to Time by Order in Council direct: And whereas, by Letters Patent under the Great Seal of Great Britain , certain Persons, Members of His Majesty's Privy Council, together with others, being Judges and Barons of His Majesty's Courts of Record at Westminster , have been from Time to Time appointed to be His Majesty's Commissioners for receiving, hearing, and determining Appeals from His Majesty's Courts of Admiralty in Causes of Prize: And whereas, from the Decisions of various Courts of Judicature in the East Indies , and in the Plantations, Colonies, and other Dominions of His Majesty Abroad, an Appeal lies to His Majesty in Council: And whereas Matters of Appeal or Petition to His Majesty in Council have usually been heard before a Committee of the whole of His Majesty's Privy Council, who have made a Report to His Majesty in Council, whereupon the final Judgment or Determination hath been given by His Majesty: And whereas it is expedient to make certain Provisions for the more effectual hearing and reporting on Appeals to His Majesty in Council and on other Matters, and to give such Powers and Jurisdiction to His Majesty in Council as herein-after mentioned:' Be it therefore enacted by the King'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 the Presidentfor the Time being of His Majesty's Privy Council, the Lord High Chancell or ofGreat Britain for the Time being, and such of the Members of His Majesty's Privy Council as shall from Time to Time hold any of the Offices following, that is to say, the Office of Lord Keeper or First Lord Commissioner of the Great Seal of Great Britain , Lord Chief Justice or Judge of the Court of King's Bench, Master of the Rolls, Vice Chancellor of England , Lord Chief Justice or Judge of the Court of Common Pleas, Lord Chief Baron or Baron of the Court of Exchequer, Judge of the Prerogative Court of the Lord Archbishop of Canterbury , Judge of the High Court of Admiralty, and Chief Judge of the Court in Bankruptcy, and also all Persons Members of His Majesty's Privy Council who shall have been President thereof or held the Office of Lord Chancellor of Great Britain , or shall have held any of the other Offices herein-before mentioned, shall form a Committee of His Majesty's said Privy Council, and shall be styled ‘The Judicial Committee of the Privy Council’: Provided nevertheless, that it shall be lawful for His Majesty from Time to Time, as and when He shall think fit, by His Sign Manual, to appoint any Two other Persons, being Privy Councillors, to be Members of the said Committee.
II Appeals from Vice Admiralty Courts Abroad, &c. to be made to the King in Council.
II. And be it further enacted, That from and after the First Day ofJune One thousand eight hundred and thirty-three all Appeals or Applications in Prize Suits and in all other Suits or Proceedings in the Courts of Admiralty, or Vice Admiralty Courts, or any other Court in the Plantations in America and other His Majesty's Dominions or elsewhere Abroad, which may now, by virtue of any Law, Statute, Commission, or Usage, be made to the High Court of Admiralty in England , or to the Lords Commissioners in Prize Cases, shall be made to His Majesty in Council, and not to the said High Court of Admiralty in England or to such Commissioners as aforesaid; and such Appeals shall be made in the same Manner and Form and within such Time wherein such Appeals might, if this Act had not been passed, have been made to the said High Court of Admiralty or to the Lords Commissioners in Prize Cases respectively; and that all Laws or Statutes now in force with respect to any such Appeals or Applications shall apply to any Appeals to be made in pursuance of this Act to His Majesty in Council.
III All Appeals from Sentence of any Judge, &c. to be referred by His Majesty to the Committee, to report thereon.
III. And be it further enacted, That all Appeals or Complaints in the Nature of Appeals whatever, which, either by virtue of this Act, or of any Law, Statute, or Custom, may be brought before His Majesty or His Majesty in Council from or in respect of the Determination, Sentence, Rule, or Order of any Court, Judge, or judicial Officer, and all such Appeals as are now pending and unheard, shall from and after the passing of this Act be referred by His Majesty to the said Judicial Committee of His Privy Council, and that such Appeals, Causes, and Matters shall be heard by the said Judicial Committee, and a Report or Recommendation thereon shall be made to His Majesty in Council for His Decision thereon as heretofore, in the same Manner and Form as has been heretofore the Custom with respect to Matters referred by His Majesty to the whole of His Privy Council or a Committee thereof (the Nature of such Report or Recommendation being always stated in open Court).
IV His Majesty may refer any other Matters to Committee.
IV. And be it further enacted, That it shall be lawful for His Majesty to refer to the said Judicial Committee for Hearing or Consideration any such other Matters whatsoever as His Majesty shall think fit, and such Committee shall thereupon hear or consider the same, and shall advise His Majesty thereon in manner aforesaid.
V No Matter to be heard unless in Presence of Four Members of the Committee.
V. And be it further enacted, That no Matter shall be heard, nor shall any Order, Report, or Recommendation be made, by the said Judicial Committee, in pursuance of this Act, unless in the Presence of at least Four Members of the said Committee; and that no Report or Recommendation shall be made to His Majesty unless a Majority of the Members of such Judicial Committee present at the Hearing shall concur in such Report or Recommendation: Provided always, that nothing herein contained shall prevent His Majesty, if He shall think fit, from summoning any other of the Members of His said Privy Council to attend the Meetings of the said Committee.
VI In case the King directs the Attendance of any Judge, a Member of the Committee, Arrangements to be made by the other Judges of the Court.
VI. And be it further enacted, That in case His Majesty shall be pleased, by Directions under His Sign Manual, to require the Attendance at the said Committee for the Purposes of this Act of any Member or Members of the said Privy Council who shall be a Judge or Judges of the Court of King's Bench, or of the Court of Common Pleas, or of the Court of Exchequer, such Arrangements for dispensing with the Attendance of such Judge or Judges upon his or their ordinary Duties during the Time of such Attendance at the Privy Council as aforesaid shall be made by the Judges of the Court or Courts to which such Judge or Judges shall belong respectively in regard to the Business of the Court, and by the Judges of the said Three Courts, or by any Eight or more of such Judges, including the Chiefs of the several Courts, in regard to all other Duties, as may be necessary and consistent with the Public Service.
VII Evidence may be taken viv voce, or upon written Depositions.
VII. And be it enacted, That it shall be lawful for the said Judicial Committee, in any Matter which shall be referred to such Committee, to examine Witnesses by Word of Mouth, (and either before or after Examination by Deposition,) or to direct that the Depositions of any Witness shall be taken in Writing by the Registrar of the said Privy Council, to be appointed by His Majesty as herein-after mentioned, or by such other Person or Persons, and in such Manner, Order, and Course as His Majesty in Council or the said Judicial Committee shall appoint and direct; and that the said Registrar and such other Person or Persons so to be appointed shall have the same Powers as are now possessed by an Examiner of the High Court...
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