II. Letters Patent for the High Court of Judicature in the North-Western Provinces bearing date March 17th, 1866. [The two first paragraphs of the Preamble are similar to those of the Calcutta Letters Patent of 1865.] And whereas it is further declared by the said recited Act that it shall be lawful for Us by Letters Patent, to erect, and establish a High Court of Judicature in and for any portion of the territories, within Her Majesty's dominions in India, not included within the limits of the local jurisdiction of another High Court, to consist of a Chief Justice and such number of other Judges, with such qualifications as were by the same Act required in persons to be appointed to the High Courts, established at the said Presidencies, as we from time to time might think fit and appoint; and that, subject to the directions of the Letters Patent, all the provisions of the said recited Act, relative to High Courts and to the Chief Justice and other Judges of such Courts and to the Governor-General or Governor of the Presidency, in which such High Courts were established, shall, as far as circumstances may permit, be applicable to any new High Court which may be established in the said territories, and to the Chief Justice and other Judges thereof, and to the persons administering the Government of the said territories; And whereas We did, upon full consideration of the premises, think fit to erect and establish, and by our Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster, the fourteenth day of May, in the twenty-fifth year of Our reign, in the year of Our Lord one thousand eight hundred and sixty-two, did accordingly, for Us, Our heirs and successors, erect and establish at Fort William in Bengal, for the Bengal Division of the Presidency of Fort William, aforesaid, a High Court of Judicature which should be called the High Court of Judicature at Fort William in Bengal, and did thereby constitute the said Court to be a Court of Record: Establishment of High Court for the North-Western Pro 1. Now know ye that We, upon full consideration of the premises, and of Our special grace, certain knowledge, and mere motion, have thought fit to erect and establish, and by these presents We do accordingly, for Us, Our heirs and successors, erect and establish, for the North-Western Provinces of the Presidency of Fort William aforesaid, a High Court of Judicature, which shall be called the High Court of Judicature, for the North-Western Provinces, and We do hereby constitute the said Court to be a Court of Record. vinces. 2. And we do hereby appoint and ordain that the High Court of Judicature for the North-Western Provinces, shall until further or Constitution and first Judges of the High Court. other provision shall be made by Us, or Our heirs and successors in that behalf, in accordance with the said recited Act, consist of a Chief Justice and five Judges, the first Chief Justice being Walter Morgan, Esquire, and the five Ju 'ges being Alexander Ross, Esquire, William Edwards, Esquire, William Roberts, Esquire, Francis Boyle Pearson, Esquire, and Charles Arthur Turner, Esquire, being respectively qualified, as in the said Act, is declared. 3. And We do ordain that the Chief Justice and every Judge of the said High Court of Judicature, for the North-Western ProDeclaration to be vinces, previously to entering npon the execution of the made by Judges. duties of his office, shall make and subscribe the following declaration before such authority or person as the Governor-General in Council may commission to receive it : "I, A. B., appointed Chief Justice [or a Judge] of the High Court of Judicature, for the North-Western Provinces, do solemnly declare that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment." 4 to 8. [These clauses are similar to clauses 6 to 10 of the Calcutta Letters Patent of 1865.] Civil Jurisdiction of the High Court. 9. And We do further ordain that the said High Court of Judicature, for the North-Western Provinces, shall have power to remove Extraordinary origin- and to try and determine, as a Court of extraordinary al civil jurisdiction. original jurisdiction, any suit being or falling within the jurisdiction of any Court, subject to its superintendence, when the said High Court shall think proper to do so, either on the agreement of the parties to that effect, or for purpose of justice, the reasons for so doing being recorded on the proceedings of the said High Court. Note that the High Court of Allahabad does not possess ordinary original civil jurisdiction. 10, 11. [These clauses are similar to clauses 15 and 16 of the Calcutta Letters Patent of 1865.] Jurisdiction as to infants and lunatics. 12. And We do further ordain that the said High Court of Judicature, for the North-Western Provinces, shall have the like power and authority with respect to the persons and estates of infants, idiots, and lunatics within the North-Western Provinces, as that which is exercised in the Bengal Division of the Presidency of Fort William, by the High Court of Judicature at Fort William in Bengal, but subject to the provisions of any laws or regulations now in force. 13, 14. [These clauses are similar to clauses 20 and 21 of the Calcutta Letters Patent of 1865.] Ordinary original jurisdiction of the High Court. Criminal Jurisdiction. 15. And We do further ordain that the said High Court of Judicature, for the North-Western Provinces, shall have ordinary original criminal jurisdiction in respect of all such within the said Provinces as the High Court of persons Judicature at Fort William in Bengal, shall have criminal jurisdiction over at the date of the publication of these presents; and the criminal jurisdiction of the said last-mentioned High Court over such persons shall cease at such date: Provided, nevertheless, that criminal proceedings which shall at such date have been commenced in the said last mentioned High Court shall continue as if these presents had not been issued. 16. And We do further ordain that the said High Court of Judicature, for the North-Western Provinces, in the exercise of Jurisdiction its ordinary original criminal jurisdiction, shall be empowered to try all persons brought before it in due persons. course of law. as to 17. And We do further ordain that the said High Court of Judicature, for the North-Western Provinces, shall have extraExtraordinary original criminal jurisdiction. ordinary original criminal jurisdiction over all persons residing in places within the jurisdiction of any Court → now subject to the superintendence of the Sudder Nizamut Adawlut, and shall have authority to try at its discretion any such persons brought before it on charges preferred by any Magistrate or other officer specially empowered by the Government in that behalf. 18. This clause is similar to clause 25 of the Calcutta Letters Patent of 1865.] 19. And we do further ordain that, on such point or points of law being so reserved as aforesaid, the said High Court shall have full power and authority to review the case, or such part of it as may be necessary, and finally determine such point or points of law, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass such judgment and sentence as High Court to review cases on points of law reserved by one or more Judges of the said High Courts. to the said High Court shall seem right. 20. And We do further ordain that the said High Court of Judicature for the North-Western Provinces shall be a Court of Appeal from the Criminal Courts of the said Provinces, Appeals from Crimi nal Courts in the Provinces. and from all other Courts from which there is now an appeal to the Court of Sudder Nizamut Adawlut for the said Provinces, and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said Court of Sudder Adawlut by virtue of any law now in force. 21. And We do Hearing of referred cases, and revision of criminal trials. further ordain that the said High Court shall be a Court of reference and revision from the Criminal Court subject to its appellate jurisdiction, and shall have power to hear and determine all such cases referred to it by the Sessions Judges or by any other Officers now authorized to refer cases to the Court of Sudder Nizamut Adawlut of the North-Western Provinces, and to revise all such cases tried by any Officer or Court possessing criminal jurisdiction, as are now subject to reference or to revision by the said Court of Sudder Nizamut Adawlut. High Court may direct the transfer of a case from one Court to another. 22. And We do further ordain that the said High Court shall have power to direct the transfer of any criminal case or appeal from any Court to any other Court of equal or superior jurisdiction, and also to direct the preliminary investigation or trial of any criminal case by any Officer or Court otherwise competent to investigate or try it, though such case belongs in ordinary course to the jurisdiction of some other Officer or Court. 23. [This clause is similar to clause 29 of the Calcutta Letters Patent of 1865.] Exercise of Jurisdiction elsewhere, than at the ordinary place of sitting of the High Court. Judges may be authorized to sit in any places by way of circuit, or special commission. 24. And We do further ordain that whenever it shall appear to the Lieutenant-Governor of the North-Western Provinces, subject to the control of the Governor-General in Council, convenient that the jurisdiction and power by these Our Letters Patent, or by the recited Act, vested in the said High Court, should be exercised in any place within the jurisdiction of any Court, now subject to the superintendence of any Sudder Dewany Adawlut or the Sudder Nizamut Adawlut of the NorthWestern Provinces, other than the usual places of sitting of the said High Court, or at several such places by way of circuit, the proceedings in cases before the said High Court, at such place or places, shall be regulated by any law relating thereto which has been or may be made by competent legislative authority for India. Testamentary and Intestate Jurisdiction. 25. And We do Testamentary and intestate jurisdiction. further ordain that the said High Court of Judicature for the North-Western Provinces, shall have the like power and authority as that which is now lawfully exercised within the said Provinces, by the said High Court of Judicature at Fort William in Bengal, in relation to the granting of probates of last wills and testaments, and letters of administration of the goods, chattels, credits, and all other effects whatsoever of persons dying intestate; and that the jurisdiction of the said last-mentioned High Court in relation thereto shall cease from the date of the publication of these presents: Provided always that any proceedings already commenced in relation to any of the matters aforesaid in the said last-mentioned High Court shall continue as if these presents had not been issued: Provided also that nothing in these Letters Patent contained shall interfere with the provisions of any law which has been made by competent legislative authority for India, by which power is given to any other Court to grant such probates and letters of administration. 26, 27. [These clauses correspond with clauses 35 and 36 of the Calcutta Letters Patent of 1865.] 28. "Civil Procedure. And We do further ordain that it shall be lawful for the said High Regulation of proceedings. from time to time to make rules and orders for the purpose of adapting as far as possible, the provisions of the Code of Civil Procedure, being an Act passed by the Governor-General in Council and being Act No. VIII of 1859, and the provisions of any law which has been or may be made, amending or altering the same, by competent legislative authority for India, to all proceedings in its testamentary, intestate, and matrimonial jurisdictions respectively. Criminal Procedure. 29. And We do further ordain that the proceedings in all criminal cases Regulation of prowhich shall be brought before the said High Court, in ceedings. the exercise of its ordinary original criminal jurisdiction, shall be regulated by the procedure and practice which was in use in the High Court of Judicature for Fort William in Bengal, im. mediately before the publication of these presents, subject to any law which has been or may be made in relation thereto by competent legislative authority for India; and that the proceedings in all other criminal cases shall be regulated by the Code of Criminal Procedure, prescribed by an Act passed by the GovernorGeneral in Council, and being Act No. XXV of 1861, or by such further or other laws in relation to criminal procedure as may have been or may be made by such authority as aforesaid. Power to Appeal. Appeals to Privy Council. 30. And We do further ordain that any person or persons may appeal to Us, Our heirs and successors, in Our or Their Privy Council, in any matter not being of criminal jurisdiction, from any final judgment, decree, or order of the said High Court of Judicature for the North-Western Provinces, made on appeal, and from any final judgment, decree, or order made in the exercise of original jurisdiction by the Judges of the said High Court, or of any Division Court, from which an appeal shall not lie to the said High Court, under the provision contained in the 10th Clause of these presents: Provided, in either case, that the sum or matters at issue is of amount or value of not less than 10,000 rupees, or that such judgment, decree, or order shall involve, directly or indirectly, some claim, demand or question to or respecting property amounting to, or of the value of not less than 10,000 rupees; or from any other final judgment, decree or order made either on appeal or otherwise as aforesaid, when the said High Court shall declare that the case is a fit one for appeal to Us, Our heirs or successors in Our or Their Privy Council : subject always to such rules and orders as are now in force, or may from time to time be made, respecting appeals to Ourselves in Council from the Courts of the said Provinces, except so far as the said existing rules and orders, respectively, are hereby varied and subject also to much further rules and orders, as we may, with the advice of Our Privy Council, hereafter make in that behalf. 31, 32, 33, 34, 35. [These clauses are similar to clauses 40, 41, 42, 43 and 44 of the Calcutta Letters Patent of 1865.] By Warrant under the Queen's Sign Manual. (Sd.) C. ROMILLY. |