appoint any two other persons, being privy councillors, to be members of the said committee. All Appeals to be referred to the Committee.]-All appeals or complaints in the nature of appeals whatever, which, either by virtue of that 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, are to 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 theretofore, in the same manner and form as had been theretofore 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.)(g) Matter to be heard in presence of Four Members of the Committee.]No matter shall be heard, nor shall any order, report, or recommendation, be made, by the said judicial committee, in pursuance of that 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; but his majesty, if he shall think fit, may summon any other of the members of his said privy council to attend the meetings of the said committee.(r) Evidence may be taken Viva Voce, or upon written Depositions.]The said judicial committee, in any matter which shall be referred to such committee, may examine witnesses by word of mouth, (and either before or after examination by deposition,) or direct that the depositions of any witness shall be taken in writing by the registrar of the said privy council, or by such other person or per- [ *547 ] sons, 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 of chancery, or of any court ecclesiastical (s) Power to order particular Witnesses to be examined, and to remit Causes for Rehearing.]—In any matter which shall come before the judicial committee, such committee may 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 his majesty in council on the recommendation of the said committee, upon any appeal, may 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 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, his majesty in council may 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.(t) Witnesses to be examined on Oath, and to be liable to Punishment for Perjury.]-Every witness who shall be examined in pursuance of that 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 administered 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; and that every such witness who shall wilfully swear or affirm falsely shall be deemed guilty of perjury, and shall be punished accord [ *548 ] ingly.(u) Power of the Committee as to Trials, Admission of Evidence, &c.]The judicial committee may direct one or more feigned issue or issues to be tried in any court of common law, and either at bar, before a judge of assize, or at the sittings for the trial of issues in London or Middlesex, and either by a special or common jury, in like manner and for the same purpose as was then done by the high court of chancery.(v) It is in the discretion of the judicial committee to direct that, on the trial of any such issue, the depositions already taken of any witness who shall have died, or who shall be incapable to give oral testimony, shall be received in evidence; and further, that such deeds, evidences, and writings shall be produced, and that such facts shall be admitted, as to the said committee shall seem fit.(x) The judicial committee may make such and the like orders respecting the admission of persons, whether parties or others, to be examined as witnesses upon the trial of any such issues as aforesaid, as the lord chancellor or the court of chancery has been used to make respecting the admission of witnesses upon the trial of issues directed by the lord chancellor or the court of chancery.(y) The judicial committee may direct one or more new trial or new trials of any issue, either generally or upon certain points only; and that 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, the committee may direct that parol evidence of the testimony of such witness shall be received.(z) Powers given to certain courts therein mentioned to enforce, and all the powers and provisions contained in the acts 13 Geo. III. c. 63, and 1 Will. IV. c. 22, or either of them, for the examination of witnesses by commission, upon interrogatories and otherwise, shall extend to and be exercised by the said judicial committee in all respects as if such committee had been therein [ *549 ] named as one of his majesty's courts of law at Westminster. (a) Costs to be in the discretion of the Committee.]-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. (b) Decrees to be Enrolled.]-The orders or decrees made in pusuance 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. (c) Committee may refer Matters to Registrar in same Manner as Matters are by the Court of Chancery referred to a Master.]—The committee may 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 that 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 possessed by a master in chancery.(d) The Crown may appoint Registrar.]-The crown may appoint the registrar, of the privy council, as regards the purposes of that act, and direct what duties shall be performed by such registrar.(e) Attendance of Witnesses, and Production of Papers, &c.]—The president for the time being of the said privy council may require the attendance of any witnesses, and the production of *any [ *550 ] 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 subpœna ad testificandum, or of subpæna duces tecum was then issued by the court of King's Bench at Westminster; and that 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.(f) Time of Appealing ]-All appeals to his majesty in council shall be 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 that, 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 appeal, and to make any order respecting the time of appealing to his majesty in council.(g) The provision for enabling the judicial committee to enforce its decrees has been already mentioned. (h) Attendance of Registrar.]-Subject to such orders as should be made by the king in council, the present registrar of the High Court of Admiralty was authorised to attend, either in person or by deputy, the hearing by the judicial committee of all causes and appeals which would have been heard by any court or commission, which such registrar was entitled to attend, in person or by deputy, by virtue of his offices of registrar of the High Courts of Admiralty, Delegates, and appeals for prizes, and likewise subject to any order of his majesty in council, to do all acts, matters and things, that should be found necessary, or had heretofore been done by the said registrar or his deputies in respect of such causes and appeals.(i) *The surrogates, who have been appointed under the [ *551 ] order in council of the 10th of December, 1833, sit in the common hall of Doctors' Commons, on stated days in each term, for forwarding the steps preparatory to hearing the causes which are (g) 3 & 4 Will. 4, c. 41, s. 20. (i) Ibid. s. 29. By an order of the king in council, dated 9th December, 1833, stating that it is expedient that certain regulations should be made for conducting appeals in prize suits and other suits in the Admiralty Court, as well as such appeals from sentences or orders of any judge of any ecclesiastical court in England, or of the Court of Adiniralty in England, as under the acts 2 & 3 Will. 4, c. 92, and 3 & 4 Will. 4, c. 41, should be made to his majesty in council, or were then pending; it was ordered and directed that all such appeals or applications, suits or complaints, in the nature of appeals, as aforesaid, shall be conducted in the same manner and form, and by the same persons and officers as theretofore, to the High Court of Admiralty, the High Court of Delegates, or the Lords Commissioners in prize cases respectively. That it should be lawful for any four or more members of the judicial committee of the privy council to appoint such of the advocates of the Arches Court of Canterbury, and of the Court of Admiralty, as then were or thereafter should be duly admitted surrogates of such courts to be surrogates of the said judicial committee, and that it should be lawful for such surrogates, or any of them, in all such appeals or applications, &c., to administer such oaths or affirmations, and perform all such other acts, and to make all such orders for forwarding the said appeals, &c. in their several stages preparatory to the final hearing thereof by the said judicial committee, as should be necessary, or had theretofore been done and performed by the surrogates of the said Arches Court, and the Court of Admiralty, in cases of appeals, &c., to such courts respectively, or by the surrogates of the said Lords Commissioners in prize cases, in appeals, suits or complaints in the nature of appeals, prosecuted before the said commissioners. That the present registrar of the said Court of Admiralty, by himself or depu ty, and the registrars of the said court for the time being, shall attend the hearing by the judicial committee of all appeals, &c. which, but for the said recited acts, would have been heard by any court or commission that such present registrar was entitled to attend by virtue of his offices of registrar of the High Court of Admiralty, delegates and appeals for prizes; and to transmit and perform all acts and things that shall be necessary, or have heretofore been done by the said registrar or his deputies in respect of such appeals, &c. That upon any appeal, &c. as aforesaid being entered in the regis try of the Court of Admiralty, a petition on behalf of the appellants shall be presented to his majesty in council, praying that the said petition and appeal may be referred to the judicial committee to hear the same, and report their opinion thereon; and upon such reference having been made, notice thereof shall be forthwith transmitted to the registry aforesaid. By an order of the judicial committee, dated 10th December, 1833, the several advocates of the Arches Court of Canterbury, and of the High Court of Admiralty, who then were or thereafter should be duly ad mitted surrogates of the said courts, were appointed to be surrogates of the judicial committee of the privy council in respect of appeals, and for the purposes mentioned in the order; 2, Knapp. P. C. xx.—xxiv. 'to come on at Whitehall, and each sitting is called "The Court of Surrogates of the Judicial Committee sitting in Appeals." The surrogates administer oaths, issue processes, and are generally as substitutes to the committee, on furtherance of the appeals from the courts of Doctors' Commons. *552 ] Mode of appealing to Judicial Committee.]-To bring an appeal before the judicial committee from any ecclesiastical court, the intention to appeal may be declared in court immediately after the judg ment is pronounced, in which case such declaration is recorded by the registrar in the court-book, a course now seldom pursued. If the intention to appeal be not so declared in court, it is necessary for the party conceiving himself aggrieved to reduce into writing, in due form, the matter of the appeal, and within fifteen days next after sentence given, to attend before a public notary, and two witnesses, or before two notaries, and protest, allege, and pray an appeal. The written appeal is then subscribed by the notary and witnesses, and is afterwards presented, together with a petition to the queen in council, praying that the appeal may be referred to the judicial committee, which the proctor prepares, lodged with the registrar of appeals in Doctors' Commons, who thereupon transmits the petition to the clerk of the privy council at Whitehall, in order that it may be laid before the council. The petition being in due course presented to them, and referred to the judicial committee, notice of the reference is sent from the council office to the registrar of appeals, who at the next sitting of appeal in Doctors' Commons before the surrogates, publicly announces the receipt of the notice, and afterwards, by direc tion of the court, enters the same in the court book, technically called the assignation book. An inhibition will then issue, prohibiting the judge, from whom the cause is appealed, and his registrar and actuary, and the respondent and all others, pending the cause and appeal, from doing or attempting any thing to the prejudice of the appellant so long as the same shall remain undecided, and the respondent will be decreed to appear personally or by his proctor before the committee lawfully appointed at Doctors' Commons on the sixth day after service of inhibition and citation, if it be a court day, otherwise on the court day then next following, to answer to the appellant in the business of the appeal. All further processes and other requisite steps, preparatory to the final hearing of the case *before the judicial committee, are then ordered and expedited, [ *553 ] under the authority of the surrogates sitting in appeal, on behalf of the judicial committee, in the same manner as was theretofore done, when appeals lay to the court of delegates. Cases are to be printed on behalf both of the appellant and respondent, containing a summary of the proceedings down to the time assigned for hearing before the judicial committee. The appellant concludes with humbly hoping that their lordships will be pleased to pronounce for the appeal, reverse the decree appealed from, and retain the principal cause, and pronounce such sentence as the nature of his case may require. The respondent, on the other hand, concludes with humbly hoping that their lordships will be pleased to recommend his majesty to pronounce against the appeal, to confirm the decree appealed from, and retain the principal cause, and therein |