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Bombay Presidency - Section

Section 19 in Bombay High Court Letters Patent, 1866

19. Interpretation of terms. - The word "Barrister" in this Act shall be deemed to include Barrister of England or Ireland or members of the Faculty of Advocates in Scotland; and the words "Governor General and Governor" shall comprehend the officer and administering the government.

The Amended Letters Patent of the High CourtLetters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, in the Twenty-nine year of the reign of Victoria, in the year of our Lord One thousand eight hundred and sixty-five.Recital of Acts 24 and 25 Vict., Cap. 104. - Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these presents shall come greeting ; Whereas by an Act of Parliament passed in the Twenty-fourth and Twenty-fifth Years in Our Reign, intituled "An Act for establishing High Courts of Judicature in India", it was amongst other things, enacted that it should be lawful for Her Majesty, by Letters Patent under the Great Seal of the United Kingdom to erect and establish a High Court of Judicature at Bombay, for the Presidency of Bombay aforesaid, and that such High Court should consist of a Chief Justice and as many Judges not exceeding fifteen, as Her Majesty might, from time to time, think fit to appoint, who should be selected from among persons qualified as in the said Act is declared : Provided always that the persons who, at the time of establishment of such High Court, were Judges of the Supreme Court of Judicature and permanent Judges of the Court, of Sudder Dewanee Adalut or Sudder Foujdaree Adalut of the same Presidency, should be and become Judges of such High Court without further appointment for that purpose and, the Chief Justice of such Supreme Court should become the Chief Justice of such High Court and that upon the establishment of such High Court as aforesaid, the Supreme Court and the Court of Sudder Dewanee Adalut and Sudder Foujdaree Adalut at Bombay, in the said Presidency, should be abolished :And that the High Court of Judicature so to be established should have and exorcise all such civil, criminal, admiralty and vice-admiralty, testamentary, intestate, and matrimonial jurisdiction, original and appellate, and all such powers and authority, for and in relation to the administration of justice in the said Presidency, as Her Majesty might, by such Letters Patent as aforesaid, grant and direct; subject however, to such directions and limitations, as to the exercise of original, civil and criminal jurisdiction, beyond the limits of the Presidency town, as might be prescribed thereby; and save as by such Letters Patent might be prescribed thereby; and save as by such Letters Patent might be otherwise directed,and subject, without prejudice to the legislative powers in relation to the matters aforesaid of the Governor-General of India in Council, the High Court so to be established should have and exercise all jurisdiction, and every power and authority whatsoever, in any manner vested in any of the Courts in the same Presidency abolished under the said Act, at the time of the abolition of such last-mentioned Courts.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 West-minister the Twenty-sixth day of June 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 Bombay, for the Presidency of Bombay aforesaid, a High Court of Judicature, which should be called the High Court of Judicature at Bombay, and did thereby constitute the said Court to be a Court of Record; and whereas We did thereby appoint and ordain that the said High Court of Judicature at Bombay should, until further or other provision should be made by Us or Our heirs and successors, in that behalf, in accordance with the recited Act, consist of a Chief Justice and six Judges, and did thereby constitute and appoint certain persons, being respectively qualified as in the said Act is declared, to be Judges of the High Court, and whereas on the sixth day of July One thousand eight hundred and sixty-three We did, in accordance with the provisions of the said recited Act, increase the number of the Judges of the said Court to a Chief Justice and seven Judges :And whereas by the said recited Act it is declared lawful for Her Majesty, at any time within three years after the establishment of the said High Court, by Her Letters Patent, to revoke all or such parts or provisions as Her Majesty might think fit of the Letters Patent by which such Court was established, and to grant and make such other powers and provisions as Her Majesty might think fit, and as might have been granted or make by such first Letters Patent :Title :And whereas by the Act of the Twenty-eight of Our Reign, chapter fifteen, entitled, "An Act to extent the term for granting fresh Letters Patent for the Courts in India, and to make further provision respecting the territorial jurisdiction of the said Courts", the time for issuing fresh Letters Patent has been extended to the first of January One thousand eight hundred and sixty-six :And whereas in order to make further provision respecting the constitution of the said High Court, and the administration of justice hereby, it is expedient that the said Letters Patent, dated the Twenty-sixth of June One thousand eight hundred and sixty-two should be revoked, and that some of the powers and provisions thereby granted and made should be granted and made with amendments and additional powers and provisions by fresh Letters Patent :