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JUDICIAL COMMITTEE ACT 1844

JUDICIAL COMMITTEE ACT 1844 - LONG TITLE

An Act for amending an Act passed in the Fourth Year of the Reign
of His late Majesty, intituled ""The Judicial Committee Act, 1833'';
and to extend its Jurisdiction and Powers.{1}
[6th August 1844]
Preamble rep. by SLR 1891[

JUDICIAL COMMITTEE ACT 1844 - SECT 1
Her Majesty, by order in council, may provide for the admission of
appeals from any court in any colony, although such court shall not
be a court of appeal.

1.] It shall be competent to Her Majesty, by any order or orders
to be from time to time for that purpose made with the advice of
her privy council, to provide for the admission of any appeal or
appeals to Her Majesty in council from any judgments, sentences,
decrees, or orders of any court of justice within any British
colony or possession abroad, although such court shall not be a
court of errors or a court of appeal within such colony or
possession; and it shall also be competent to Her Majesty, by any
such order or orders as aforesaid, to make all such provisions as
to Her Majesty in council shall seem meet for the instituting and
prosecuting any such appeals, and for carrying into effect any such
decisions or sentences as Her Majesty in council shall pronounce
thereon: Provided always, that it shall be competent to Her Majesty
in council to revoke, alter, and amend any such order or orders as
aforesaid, as to Her Majesty in council shall seem meet: Provided
also, that any such order as aforesaid may be either general and
extending to all appeals to be brought from any such court of
justice as aforesaid, or special and extending only to any appeal
to be brought in any particular case: Provided also, that every
such general order in council as aforesaid shall be published in
the London Gazette within one calendar month next after the making
thereof: Provided also, that nothing herein contained shall be
construed to extend to take away or diminish any power now by law
vested in Her Majesty for regulating appeals to Her Majesty in
council from the judgments, sentences, decrees, or orders of any
courts of justice within any of Her Majesty's colonies or
possessions abroad.

Ss.25 rep. by 1883 c.57 s.113 sch.3. Ss.6, 7 rep. by SLR 1874
(No. 2)

JUDICIAL COMMITTEE ACT 1844 - SECT 8
Judicial committee may appoint clerk of privy council to take proofs
in matters referred to them.

8. Provided always, that in the case of any matter or thing being
referred to the judicial committee it shall be lawful for the said
committee to appoint one or other of the clerks of the privy
council to take any formal proofs required to be taken in dealing
with the matter or thing so referred, and shall, if they so think
fit, proceed upon such clerk's report to them as if such formal
proofs had been taken by and before the said judicial committee.

JUDICIAL COMMITTEE ACT 1844 - SECT 9
Judicial committee may hear appeals without special order of
reference, if a general order of reference of such appeals for the
next 12 months shall have been issued in November.

9. In case any petition of appeal whatever shall be presented,
addressed to Her Majesty in council, and such petition shall be
duly lodged with the clerk of the privy council, it shall be
lawful for the said judicial committee to proceed in hearing and
reporting upon such appeal, without any special order in council
referring the same to them, provided that Her Majesty in council
shall have, by an order in council in the month of November,
directed that all appeals shall be referred to the said judicial
committee on which petitions may be presented to Her Majesty in
council during the twelve months next after the making of such
order; and the said judicial committee shall proceed to hear and
report upon all such appeals in like manner as if each such appeal
had been referred to the said judicial committee by a special order
of Her Majesty in council: Provided always, that it shall be lawful
for Her Majesty in council at any time to rescind any general
order so made; and in case of such order being so rescinded all
petitions of appeal shall in the first instance be preferred to Her
Majesty in council, and shall not be proceeded with by the said
judicial committee without a special order of reference.

JUDICIAL COMMITTEE ACT 1844 - SECT 10
Judicial committee may require copies of evidence and reasons for
judgments given in colonial courts.

10. It shall be lawful for the said judicial committee to make an
order or orders on any court in any colony or foreign settlement,
or foreign dominion of the crown, requiring the judge or judges of
such court to transmit to the clerk of the privy council a copy
of the notes of evidence in any cause tried before such court, and
of the reasons given by the judge or judges for the judgment
pronounced in any case brought by appeal or by writ of error
before the said judicial committee.

JUDICIAL COMMITTEE ACT 1844 - SECT 11
Judicial committee may make rules, to be binding upon such courts,
requiring judges notes of evidence, reasons for judgments, &c.

11. It shall and may be lawful for the said judicial committee to
make any general rule or regulation, to be binding upon all courts
in the colonies and other foreign settlements of the crown requiring
the judges notes of the evidence taken before such court on any
cause appealed, and of the reasons given by the judges of such
court, or by any of them, for or against the judgment pronounced
by such court; which notes of evidence and reasons shall by such
court be transmitted to the clerk of the privy council within one
calendar month next after the leave given by such court to
prosecute any appeal to Her Majesty in council; and such order of
the said committee shall be binding upon all judges of such courts
in the colonies or foreign settlements of the crown.

JUDICIAL COMMITTEE ACT 1844 - SECT 12
In cases of neglect to comply with order of council persons so
neglecting may be punished as for contempt.

12. In all causes of appeal to Her Majesty in council from
ecclesiastical courts, [and from admiralty or vice-admiralty courts,]
which now are or may hereafter be depending, in which any person
duly monished, or cited or requested to comply with any lawful
order or decree of Her Majesty in council, or of the judicial
committee of the privy council or their surrogates, made before or
after the passing of this Act, shall neglect or refuse to pay
obedience to such lawful order or decree, or shall commit any
contempt of the process under the seal of Her Majesty in
ecclesiastical and maritime causes, it shall be lawful for the said
judicial committee or their surrogates to pronounce such person to
be contumacious and in contempt, and, after he or she shall have
been so pronounced contumacious and in contempt, to cause process of
sequestration to issue under the said seal of Her Majesty, against
the real and personal estate, goods, chattels, and effects,
wheresoever lying within the dominions of Her Majesty, of the person
against or upon whom such order or decree shall have been made, in
order to enforce obedience to the same and payment of the expences
attending such sequestration and all proceedings consequent thereon,
and to make such further order in respect of or consequent on such
sequestration, and in respect to such real and personal estates,
goods, chattels, and effects sequestrated thereby, as may be
necessary, or for payment of monies arising from the same to the
person to whom the same may be due, or into the registry of the
High Court of Admiralty and Appeals, for the benefit of those who
may be ultimately entitled thereto.

S.13 rep. by SLR 1874 (No. 2)