DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0104
94
ACT XXIII.
[A.D. 1840.
Preamble.
East-India Company's
Courts may be executed
within the limits of
Supreme Courts.
Liability of sheriff in
such cases.
A.D. 1840. ACT XXIII.
AN ACT jd)7' W^AzM ^Ad Zom/ of ^Ag of Aor
AZ^b.sAy'.s' CoMr^.s' Z^pocow fs'.sML'A Ay A M^Aoi'AAts' 777 ^Ao Afo/ff^^Y."
PASSED Ay fAo 7^A/A^ ZfoMOMPaAZ ^Ao Y7opopno?-(7o^opaJ of Zz^M m
Zo^zzczY, ozz ^Ad 30^A AA)V6773Aop, 1840.
I. WHEREAS great inconvenience has been experienced in consequence
of the difficulty of procuring the attendance as witnesses before the mofussi!
authorities of persons resident within the local limits of her Majesty's
Supreme Courts, and in consequence of justice being often frustrated by
reason of persons and property within such limits being exempted from
process issued by such authorities, which has also occasioned inconvenience
to the inhabitants within such limits, in suits in the Mofussil Courts to
which they are parties :
It is hereby enacted, that any writ, warrant, or other process issued by
any court, judge, or magistrate in the territories beyond the local limits of
the Supreme Courts of Calcutta, Madras, and Bombay respectively, may
be executed within those limits in manner following;—A copy of such
writ, warrant, or other process, authenticated as such by the attestation of
the court, judge, or magistrate signing or issuing the same, accompanied
by a certified translation in the English language, shall be presented to
any judge of her Majesty's courts, who may thereupon, under his hand
and signature, indorse and direct the same to be executed within the
local limits of any of her Majesty's courts by the sheriff or by any
justice of the peace, according to the nature of such writ, warrant, or other
process.
II. And it is hereby provided, that upon the delivery of every such
writ, warrant, or process so indorsed as aforesaid to any such sheriff as
aforesaid, every such sheriff shall make a memorandum of the date of such
delivery, and shall execute such writ, warrant, or process in like manner
as if the same had originally issued from any of her Majesty's courts, and
had been delivered at the date as appearing by the memorandum; and
such sheriff shall make no distinction as to priority or otherwise between
the execution of any writ, warrant, or other process originally issued from
any of her Majestv's courts, and the execution of any writ, warrant, or
other process under this Act; but every writ, warrant, and other process,
whether original or indorsed as aforesaid, shall, amongst each other, be
subject to the same rules touching the mode and order of execution as are
now established in respect of writs, warrants, and other process originally
issued from her Majesty's courts of justice.
III. And it is hereby enacted, that every such sheriff shall be liable to
be proceeded against in her Majesty's courts of justice for all matters
touching the execution of any writ, warrant, or other process executed
under this Act, in like manner as if the same had originally issued from
ACT XXIII.
[A.D. 1840.
Preamble.
East-India Company's
Courts may be executed
within the limits of
Supreme Courts.
Liability of sheriff in
such cases.
A.D. 1840. ACT XXIII.
AN ACT jd)7' W^AzM ^Ad Zom/ of ^Ag of Aor
AZ^b.sAy'.s' CoMr^.s' Z^pocow fs'.sML'A Ay A M^Aoi'AAts' 777 ^Ao Afo/ff^^Y."
PASSED Ay fAo 7^A/A^ ZfoMOMPaAZ ^Ao Y7opopno?-(7o^opaJ of Zz^M m
Zo^zzczY, ozz ^Ad 30^A AA)V6773Aop, 1840.
I. WHEREAS great inconvenience has been experienced in consequence
of the difficulty of procuring the attendance as witnesses before the mofussi!
authorities of persons resident within the local limits of her Majesty's
Supreme Courts, and in consequence of justice being often frustrated by
reason of persons and property within such limits being exempted from
process issued by such authorities, which has also occasioned inconvenience
to the inhabitants within such limits, in suits in the Mofussil Courts to
which they are parties :
It is hereby enacted, that any writ, warrant, or other process issued by
any court, judge, or magistrate in the territories beyond the local limits of
the Supreme Courts of Calcutta, Madras, and Bombay respectively, may
be executed within those limits in manner following;—A copy of such
writ, warrant, or other process, authenticated as such by the attestation of
the court, judge, or magistrate signing or issuing the same, accompanied
by a certified translation in the English language, shall be presented to
any judge of her Majesty's courts, who may thereupon, under his hand
and signature, indorse and direct the same to be executed within the
local limits of any of her Majesty's courts by the sheriff or by any
justice of the peace, according to the nature of such writ, warrant, or other
process.
II. And it is hereby provided, that upon the delivery of every such
writ, warrant, or process so indorsed as aforesaid to any such sheriff as
aforesaid, every such sheriff shall make a memorandum of the date of such
delivery, and shall execute such writ, warrant, or process in like manner
as if the same had originally issued from any of her Majesty's courts, and
had been delivered at the date as appearing by the memorandum; and
such sheriff shall make no distinction as to priority or otherwise between
the execution of any writ, warrant, or other process originally issued from
any of her Majestv's courts, and the execution of any writ, warrant, or
other process under this Act; but every writ, warrant, and other process,
whether original or indorsed as aforesaid, shall, amongst each other, be
subject to the same rules touching the mode and order of execution as are
now established in respect of writs, warrants, and other process originally
issued from her Majesty's courts of justice.
III. And it is hereby enacted, that every such sheriff shall be liable to
be proceeded against in her Majesty's courts of justice for all matters
touching the execution of any writ, warrant, or other process executed
under this Act, in like manner as if the same had originally issued from