PUBLIC RECORD OFFICE
Reference :-
BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
C.O. 885 / 5 PUBLIC RECORD OFFICE, LONDON
(31 & 32
24
It seems expedient not to deviate in practice under the Bill from the provisions of Lord Brougham's well known Act to amend the law of evidence.
To the Right Honourable
The Secretary of State for the Colonies.
I have, &c., (Signed)
F. T. PIGGOTT.
THE COLONIAL JUDGMENTS EXTENSION BILL.
A BILL to render Judgments, Orders, Probates, and Administrations obtained in the Courts of the Indian Empire and the Colonies of Great Britain respectively effectual in any part of the United Kingdom.
WHEREAS it is expedient to extend the principle of the "Judgments Extension Act, Vict. c. 51.] 1868," and other similar Acts, to the judgments and orders of the High Courts of Judicature at Fort William, Madras, and Bombay respectively, and also to the judgments of the courts of any British colony or possession.
[See the interpreta- tion clauso
of the In-
ferior Couris
Judgments
Extension
Act, 1882.
45 & 46 Vict. c. 31.]
[45 & 46
Vict. c. 31.
. 3.] [Actions of detinue can- not reason.
ably be
omitted.]
Be it therefore enacted as follows:
1. This Act may be cited for all purposes as the "Colonial Judgments Extension Short title. Act, 188
,,
2. In this Act the following words and expressions shall have interpretations Interpre and meanings in this section assigned to them respectively, unless there be something tation of in the subject or context repugnant to such construction; (that is to say,)
The expression "judgment" shall include decree, order, or other adjudication. The expression "person" shall include any party or parties to a cause in any of the
courts inentioned in the preamble hereto. The expression "action
""
66
summons shall mean the
shall mean the action or other proceeding in which any judgment was pronounced; and the expression summons or other initial proceeding in such action. The expression "British Colony" shall apply to the islands of Guernsey, Jersey, Alderney, Sark, and Man, and to all other possessions and dependencies of the British Crown, wheresover and whatsoever; and the expression "courts of any British colony" shall include British consular courts in Mahommedan countries.
terms.
3. Where judgment shall hereafter be obtained or entered up in the High Courts of Certificate of Judicature at Fort William, Madras, or Bombay, or in the courts of any British colony judgment to respectively for
any debt, damages, or costs, or in any action brought for the recovery by proper or delivery up of any personal property, the master or other proper officer of such court officer.
be granted shall-after the time for appealing against such judgment shall have elapsed, and, in the event of such judgment not being reversed upon appeal or of execution thereunder not being stayed, upon the application of the party who. has recovered such judgment, upon proof by affidavit that the same has not been satisfied, and payment of the prescribed fee-grant a certificate in the form in the schedule to this Act annexed, judgments is to which shall be attached a copy of such judgment sealed in accordance with section 7 preserved by of the Act to amend the Law of Evidence, 1851.
The present inethod of proving Tulonial
This clause. [11 & 15
of certificate
and
in [45 & 46
Vict. c. 31. B. 4.]
4. On the production to one of the masters of the High Court of Judicature Vict. c. 99.] England, or to one of the masters of the High Court of Judicature in Ireland, or at Registration the office kept in Edinburgh for the registration of deeds, bonds, protests, and other shall have writs registered in the books of council and session, of a certificate and judgment under the effect of this Act purporting to be signed as required by section 3 of this Act, such certificate n judgment and judgment shall be registered in books to be kept for that purpose by such masters of the Court and in such office respectively, and to be called "the Register for Indian and Colonial is registered. Judgments;
and all reasonable costs and charges attendant upon the obtaining and [As in registering such certificate and copy of judgment shall be added to and recovered in like manner as if the same were part of the original judgment.
31 & 32 Vict c. 54. 88. 1-3.]
in,which it
Certificates
of certain
judgments
to be regis-
tered in Inferior
Courts of
"
5. Where the amount to be paid or the value of the personal property to be recovered by the judgment on which it is sought to obtain execution under this Act shall, exclusive of the costs of the action in which such judgment has been given, be less than the amount or the value in respect of which an action may be brought in the Inferior Courts (as defined by the "Inferior Courts Judgments Extension Act, 1882") of England, Ireland, and Scotland respectively, then the certificate of such
the United Kingdom.
Time within
25
And
judgment may be registered in any of the said Inferior Courts in the manner provided by the said Act for judgments of the Inferior Courts of the United Kingdom. such certificate shall not be registered in any of the Superior Courts of England, Ireland, and Scotland respectively.
6. No certificate and copy of any such judgment shall be registered as aforesaid [Principle of which regis more than two years after the time for appealing against such judgment shall have previous tration must elapsed, except by leave of the court or judge in England, Ireland, or Scotland Acts altered
respectively.
be effected.
Execution of Judgments.
Jurisdiction over regis- tered judg.
ments and execution thereon.
Cancellation
of registry.
Actions on
not to carry costs.
to suit cir- cumstances
7. Where a certificate and copy of any such judgment have been registered under this of this Act.j Act, process of execution may issue thereon out of the court in which the same shall 45 & 16 have been so registered against any goods or chattels of the person against whom such
Việt. e. 1. judgment shall have been obtained, which are within the jurisdiction of such last- [Inclusion of
s. 5.] mentioned court, and all other remedies at the time being in force in the country where rules as to such registration is effected, whether by attachment of debts or by equitable execution, attachment or by any other means whatsoever, may be granted on proper application being made quints and against the person against whom such judgment shall have been obtained" in the execution, equitable same or the like manner as if the judgment had been obtained in the court in which which cannot such certificate and copy shall have been so registered as aforesaid.
reasonably be omitted.]
8. The courts of Great Britain and Ireland to which this Act applies, shall, in so far as [15 & 16 relates to exccution under this Act, have and exercise the same control and jurisdiction Vict. c. 31. over and with respect to the execution of any judgment, a certificate and copy of 8. G.] which shall be registered under this Act, as they at the time being have and exercise over and with respect to the execution of any judgment in their own courts.
9. On proof of the setting aside or satisfaction of any judgment of which a certificate [15 & 16 and copy shall have been registered under this Act, the court in which such certificate Vict. c. 31. is so registered may order the registration thereof to be cancelled.
s. 8.]
s. 8.
10. In any action brought in any court in England, Scotland, or Ireland on any [45 & 16 judgments judgment which might be registered under this Act in the country in which such action Vict. c. 31. is brought, the party bringing such action shall not recover or be entitled to any costs or expenses, but the party against whom such action is brought shall be entitled to set altered.] Slightly off all reasonable costs and charges which he shall have incurred in respect of such action against the debt, damages, or costs which he has been ordered by such judgment to pay, unless the court in which such action shall be brought shall otherwise order.
[Extension
of the Act to orders in
cuted.
11. Any order made by a court having jurisdiction in bankruptcy in India or any Orders in of principle of the British colonies under the Bankruptcy Acts in force in those countries bankruptcy respectively shall, on a certificate thereof being registered in the manner provided for to be exe- bankruptcy.] judgments by section 4 of this Act, be enforced in England, Scotland, and Ireland in the courts having jurisdiction in bankruptcy in those parts of the United Kingdom Bankruptcy respectively in the same manner in all respects as if the order had been made by the Act, 1983, 8, 117.]
court hereby required to enforce it in a case of bankruptcy within its own jurisdiction. [Extension
[Based on
in
to be exe-
12. Any order made by any of the aforesaid courts for or in the course of the Orders in of principle winding up of a company under the provisions of the Acts relating to companies in winding up orders Act to force in such countries and colonics aforesaid respectively shall, on a certificate thereof proceedings
being registered in the manner provided for judgments by section 4 of this Act, be cuted. enforced in England, Scotland, or Ireland in the courts that would respectively have had jurisdiction in respect of such company if the registered office of the company had been situate in England, Scotland, or Ireland, and in the same manner in all respects General as if such order had been made by the courts that are hereby required to enforce the principles of
company matters.] [Based on Companies Act, 1862,
§. 122.]
the Act to
same.
[General extension of
Act to
13. Where an order is sought to be registered under section 11 or 12 of this Act, orders in the method of proof required for judgments by section 3 shall be adopted with regard bankruptcy
apply to of the ples to such order, and the general principles contained in sections 1 to 10 shall be construed and winding- these orders.] as relating to such orders so far as they may be applicable thereto. [Extension
up proceed-
inga.
tions.]
and
tion to be
14. When any probate or letter of administration or other legal document purporting Grants of of principle to be of the same nature, granted by a court of competent jurisdiction in any of the probate and probato countries or colonies aforesaid respectively, shall be produced to and a copy thereof administra iministra deposited with the Registrar of the Court of Probate in England, or with the Registrar sealed,
of the Court of Probate in Ireland, or with the commissary clerk in a commissary court [Based on in the county of Edinburgh, such probate or letter of administration or other document 20 & 21 Vict. shall be scaled with the seal of the court in which it is sc produced, and being duly c. 79. ss. 94, stamped shall be of the like force and effect, and have the same force and effect, and have 95, and
21 & 22 Vict. c. 50. s. 12.]
A 51431.
D