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JUDICIAL COMMITTEE ACT 1833

JUDICIAL COMMITTEE ACT 1833 - LONG TITLE

An Act for the better Administration of Justice in His Majesty's
Privy Council.{1}
[14th August 1833]
Preamble rep. by SLR 1890[

JUDICIAL COMMITTEE ACT 1833 - SECT 1
Certain members of Privy Council to form a Committee to be styled
""The Judicial Committee of the Privy Council''.

1.] The President for the time being of His Majesty's Privy
Council, ... 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 ... and also all persons, members
of His Majesty's Privy Council, who shall have been President
thereof ... 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.

S.2 rep. by 1890 c.27 s.18; SRO 1911/440 (Rev. vol. IV p.697)

JUDICIAL COMMITTEE ACT 1833 - SECT 3
Appeals to King in Council from sentence of any judge, &c., shall
be referred to the Committee, to report thereon.

3. 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 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).

JUDICIAL COMMITTEE ACT 1833 - SECT 4
His Majesty may refer any other matters to the Committee.

4. 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.

JUDICIAL COMMITTEE ACT 1833 - SECT 5
No report to be made unless with concurrence of majority present.

5. . <.<. 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.

JUDICIAL COMMITTEE ACT 1833 - SECT 6
If His Majesty directs the attendance of any member who is a
judge, the other judges of the court to which he belongs shall
arrange with regard to the business of the court.

6. 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.

JUDICIAL COMMITTEE ACT 1833 - SECT 7
Committee may take evidence viva8 voce, or upon written depositions.

7. 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 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 of Chancery or
of any court ecclesiastical.

JUDICIAL COMMITTEE ACT 1833 - SECT 8
Committee may order any particular witnesses to be examined, and as
to any particular facts, and may remit causes for rehearing.

8. In any matter which shall come before the said Judicial
Committee it shall be lawful for the said Committee to direct that
such witnesses shall be examined or re-examined, and as to such
facts as to the said Committee shall seem fit, notwithstanding any
such witness may not have been examined, or no evidence may have
been given on any such facts in a previous stage of the matter;
and it shall also be lawful for His Majesty in Council, on the
recommendation of the said Committee, upon any appeal, to remit the
matter which shall be the subject of such appeal to the court from
the decision of which such appeal shall have been made, and at the
same time to direct that such court shall rehear such matter, in
such form, and either generally or upon certain points only, and
upon such rehearing take such additional evidence, though before
rejected, or reject such evidence before admitted, as His Majesty in
Council shall direct; and further, on any such remitting or
otherwise, it shall be lawful for His Majesty in Council to direct
that one or more feigned issue or issues shall be tried in any
court in any of His Majesty's dominions abroad, for any purpose for
which such issue or issues shall to His Majesty in Council seem
proper.

JUDICIAL COMMITTEE ACT 1833 - SECT 9
Witnesses to be examined on oath, or affirmation.

9. Every witness who shall be examined in pursuance of this Act
shall give his or her evidence upon oath, or if a Quaker or
Moravian upon solemn affirmation, which oath and affirmation
respectively shall be administerd by the said Judicial Committee and
registrar, and by such other person or persons as His Majesty in
Council or the said Judicial Committee shall appoint; ....

Ss.1012 rep. by SLR 1980

JUDICIAL COMMITTEE ACT 1833 - SECT 13
Committee may direct new trials of issues.

13. It shall be lawful for the said Judicial Committee to direct
one or more new trial or new trials of any issue, either generally
or upon certain points only; and in case any witness examined at a
former trial of the same issue shall have died, or have, through
bodily or mental disease or infirmity, become incapable to repeat
his testimony, it shall be lawful for the said Committee to direct
that parol evidence of the testimony of such witness shall be
received.

JUDICIAL COMMITTEE ACT 1833 - SECT 14
Powers of 1772 c.63, 1831 c.22 (1 Will.4) shall extend to the
judicial committee.

14. And whereas by the East India Company Act 1772 and the
Evidence on Commission Act 1831, certain powers are given to certain
courts therein mentioned to enforce and provisions are made for the
examination of witnesses by commission, upon interrogatories and
otherwise: All the powers and provisions contained in the two
last-mentioned Acts, or either of them, shall extend to and be
exercised by the said Judicial Committee in all respects as if such
Committee had been therein named as one of His Majesty's courts of
law at Westminster.

JUDICIAL COMMITTEE ACT 1833 - SECT 15
Costs to be in the discretion of the committee.

15. The costs incurred in the prosecution of any appeal or matter
referred to the said Judicial Committee, and of such issues as the
same Committee shall under this Act direct, shall be paid by such
party or parties, person or persons, and be taxed by the aforesaid
registrar, or such other person or persons, to be appointed by His
Majesty in Council or the said Judicial Committee, and in such
manner as the said Committee shall direct.

JUDICIAL COMMITTEE ACT 1833 - SECT 16
Decrees to be enrolled.

16. The orders or decrees of His Majesty in Council made, in
pursuance of any recommendation of the said Judicial Committee, in
any matter of appeal from the judgment or order of any court or
judge, shall be enrolled for safe custody in such manner, and the
same may be inspected and copies thereof taken under such
regulations, as His Majesty in Council shall direct.

JUDICIAL COMMITTEE ACT 1833 - SECT 17
Committee may refer matters to registrar in the same manner as
matters are by the Court of Chancery referred to a master.

17. It shall be lawful for the said Committee to refer any matters
to be examined and reported on to the aforesaid registrar, or to
such other person or persons as shall be appointed by His Majesty
in Council or by the said Judicial Committee, in the same manner
and for the like purposes as matters are referred by the Court of
Chancery to a master of the said court; and for the purposes of
this Act the said registrar and the said person or persons so to
be appointed shall have the same powers and authorities as are now
possessed by a master in Chancery.

JUDICIAL COMMITTEE ACT 1833 - SECT 18
His Majesty may appoint registrar.

18. It shall be lawful for His Majesty, under his sign manual, to
appoint any person to be the registrar of the said Privy Council,
as regards the purposes of this Act, and to direct what duties
shall be performed by the said registrar.

JUDICIAL COMMITTEE ACT 1833 - SECT 19
Attendance of witnesses, and production of papers, &c., may be
compelled by subp-na.

19. It shall be lawful for the President for the time being of
the said Privy Council to require the attendance of any witnesses,
and the production of any deeds, evidences, or writings, by writ to
be issued by such President in such and the same form, or as
nearly as may be, as that in which a writ of subp-na ad
testificandum or of subp-na duces tecum is now issued by His
Majesty's Court of King's Bench at Westminster; and every person
disobeying any such writ so to be issued by the said President
shall be considered as in contempt of the said Judicial Committee,
and shall also be liable to such and the same penalties and
consequences as if such writ had issued out of the said Court of
King's Bench, and may be sued for such penalties in the said
court.

JUDICIAL COMMITTEE ACT 1833 - SECT 20
Time of appealing.

20. All appeals to His Majesty in Council shall be made within
such times respectively within which the same may now be made,
where such time shall be fixed by any law or usage, and where no
such law or usage shall exist, then within such time as shall be
ordered by His Majesty in Council; and subject to any right
subsisting under any charter or constitution of any colony or
plantation, it shall be lawful for His Majesty in Council to alter
any usage as to the time of making appeals, and to make any order
respecting the time of appealing to His Majesty in Council.

JUDICIAL COMMITTEE ACT 1833 - SECT 21
Decrees on appeals from courts abroad to be carried into effect as
the King in Council shall direct.

21. The order or decree of His Majesty in Council on any appeal
from the order, sentence, or decree of any court of justice in the
East Indies, or of any colony, plantation, or other His Majesty's
dominions abroad, shall be carried into effect in such manner, and
subject to such limitations and conditions, as His Majesty in
Council shall, on the recommendation of the said Judicial Committee,
direct; and it shall be lawful for His Majesty in Council, on such
recommendation, by order to direct that such court of justice shall
carry the same into effect accordingly, and thereupon such court of
justice shall have the same powers of carrying into effect and
enforcing such order or decree as are possessed by or are hereby
given to His Majesty in Council: Provided always, that nothing in
this Act contained shall impeach or abridge the powers, jurisdiction,
or authority of His Majesty's Privy Council as heretofore exercised
by such Council, or in anywise alter the constitution or duties of
the said Privy Council, except so far as the same are expressly
altered by this Act, and for the purposes aforesaid.

S.22, as to appeals from the Sudder Dewanny Adawlut courts, rep. by
SLR 1861

JUDICIAL COMMITTEE ACT 1833 - SECT 23
Orders made on such appeals to have effect notwithstanding death of
parties, &c.

23. In any case where any order shall have been made on any such
appeal as last aforesaid, the same shall have full force and effect
notwithstanding the death of any of the parties interested therein;
but in all cases where any such appeal may have been withdrawn or
discontinued, or any compromise made in respect of the matter in
dispute, before the hearing thereof, then the determination of His
Majesty in Council in respect of such appeal shall have no effect.

JUDICIAL COMMITTEE ACT 1833 - SECT 24
His Majesty may make orders for regulating the mode, &c., of
appeals.

24. It shall be lawful for His Majesty in Council from time to
time to make any such rules and orders as may be thought fit for
the regulating the mode, form, and time of appeal to be made from
the decisions of the said courts of Sudder Dewanny Adawlut, or any
other courts of judicature in India or elsewhere to the eastward of
the Cape of Good Hope (from the decisions of which an appeal lies
to His Majesty in Council), and in like manner from time to time
to make such other regulations for the preventing delays in the
making or hearing such appeals, and as to the expenses attending
the said appeals, and as to the amount or value of the property
in respect of which any such appeal may be made.

Ss.2527 rep. by SLR 1861

JUDICIAL COMMITTEE ACT 1833 - SECT 28
Power of enforcing decrees.

28. The said Judicial Committee shall have and enjoy in all
respects such and the same power of punishing contempts and of
compelling appearances, and His Majesty in Council shall have and
enjoy in all respects such and the same powers of enforcing
judgments, decrees, and orders, as are now exercised by the High
Court of Chancery or the Court of King's Bench (and both in
personam and in rem), ....

S.29 rep. by SLR 1875. S.30 rep. by 1929 c.8 (19 & 20 Geo.5)
s.1(7)

JUDICIAL COMMITTEE ACT 1833 - SECT 31
Saving as to treaties with foreign countries appointing certain
person to hear prize appeals.

31. Provided always, that nothing herein contained shall be held to
impeach or render void any treaty or engagement already entered into
by or on behalf of His Majesty, or be taken to restrain His
Majesty from acceding to any treaty, with any foreign prince,
potentate, or power, in which treaty it shall be stipulated that
any person or persons other than the said Judicial Committee shall
hear and finally adjudicate appeals from His Majesty's courts of
admiralty in causes of prize; but that the judgments, decrees, and
orders of such other person or persons so appointed by treaty shall
be of the same force and effect of which they would respectively
have been if this Act had not been passed.






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