Judicial Committee Act 1843
| Jurisdiction | UK Non-devolved |
| Citation | 1843 c. 38 |
(6 & 7 Vict.) C A P. XXXVIII.
[28th July 1843]
'WHEREAS it has been found expedient to make further Regulations for hearing and making Report to Her Majesty in Appeals and other Matters referred to the Judicial Committee of the Privy Council, and for the more effectual Appointment of Surrogates in Ecclesiastical and Maritime Causes of Appeal, and for making Orders or Decrees incidental to such Causes of Appeal, and for the Punishment of Contempts, and compelling Appearances and Enforcement of Judgments, Orders, and Decrees of Her Majesty in Council, or of the said Judicial Committee, or their Surrogates, in such Causes of Appeal:' Be it enacted by the Queen'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 in any Appeal, Application for Prolongation or Confirmation of Letters Patent, or other Matterreferred or hereafter to be referred by Her Majesty in Council to the Judicial Committee of the Privy Council, it shall be lawful for Her Majesty, by Order in Council or special Direction under Her Royal Sign Manual, having regard to the Nature of the said Appeal or other Matter, and in respect of the same not requiring the Presence of more than Three Members of the said Committee, to order that the same be heard, and when so ordered it shall be lawful that the same shall be accordingly heard by not less than Three of the Members of the said Judicial Committee, subject to such other Rules as are applicable, or under this Act may be applicable, to the hearing and making Report on Appeals and other Matters by Four or more of the Members of the said Judicial Committee.
II Powers of the Judicial Committee and their Surrogates in respect to Appeals from Ecclesiastical and Admiralty Courts.
II. And be it enacted, That in respect of all Incidents, Emergents, Dependents, and Things adjoined to, arising out of, or connected with Appeals from any Ecclesiastical Court, or from any Admiralty or Vice Admiralty Court, (save in giving a Definitive Sentence, or any Interlocutory Decree having the Force and Effect of a Definitive Sentence,) the said Judicial Committee and their Surrogates shall have full Power, subject to such Rules, Orders, and Regulations as shall from Time to Time be made by the said Judicial Committee, (with the Approval of Her Majesty in Council,) to make all such Interlocutory Orders and Decrees, and to administer all such Oaths and Affirmations, and to do all such Things as may be necessary, or the Judges of the Courts below appealed from or their Surrogates in the Cases appealed, or the Judges of the Courts appealed to or their Surrogates, or the Lords Commissioners of Appeals in Prize Causes or their Surrogates, and the Judges Delegate or their Con-delegates under Commissions of Appeal under the Great Seal in Ecclesiastical and Maritime Causes of Appeal, would respectively have had before an Act passed in the Third Year of the Reign of His late Majesty, intituled , and another Act passed in the following Session of Parliament, intituled , were passed.
III Surrogates and Examiners in Ecclesiastical and Admiralty Appeals.
III. And be it enacted, That the Surrogates and Examiners of the Arches Court ofCanterbury and the High Court of Admiralty of England , and such Persons as shall from Time to Time be appointed Surrogates or Examiners of the said Courts, shall be by virtue of this Act Surrogates and Examiners respectively of the Judicial Committee of the Privy Council in all Causes of Appeal from Ecclesiastical Courts and from any Admiralty or Vice Admiralty Court.
IV Past Proceedings of Surrogates of the Judicial Committee valid, notwithstanding certain Informalities.
IV. And be it enacted, That all Orders, Decrees, and Things heretofore done and expedited in such Causes of Appeal by the Surrogates appointed by the said Judicial Committee of the Privy Council shall be deemed to be valid and effectual, if otherwise lawfully done and expedited, notwithstanding any Informality or Want of Authority in respect to the same in the Orders of His late Majesty in Council of the Fourth Day ofFebruary One thousand eight hundred and thirty-three, of the said Judicial Committee of the Fifth Day of February One thousand eight hundred and thirty-three, of the Order of His late Majesty in Council of the Ninth Day of December One thousand eight hundred and thirty-three, of an Order of the said Judicial Committee of the Tenth Day of December One thousand eight hundred and thirty-three, and an Order of His late Majesty in Council of the Twelfth Day of August One thousand eight hundred and thirty-five.
V Manner of conducting Appeals before the Judicial Committee.
V. And be it enacted, That, subject to such Rules and Regulations as may from Time to Time be made by the said Judicial Committee with the Approval of Her Majesty in Council, and save and in so much as the Practice thereof may be varied by the said Acts of the Reign of His late Majesty or by this Act, the said Causes of Appeal to Her Majesty in Council shall be commenced within the same Times, and conducted in the same Form and Manner, and by the same Persons and Officers, as if Appeals in the same Causes had been made to the Queen in Chancery, the High Court of Admiralty ofEngland , or the Lords Commissioners of Appeals in Prize Causes respectively; and all things otherwise lawfully done and expedited in the said Causes of Appeal by the Registrar of the High Court of Admiralty of England , his Deputy or Deputies, in consequence of the passing of the said Acts of the Reign of His late Majesty, shall be deemed to be valid to all Intents whatsoever.
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