A considerable portion of the law of England, both statute law and common law, was introduced into India by the assumption that when courts of justice were established in India, to be presided over by English judges, it followed that they were to administer English law as it stood at the time of the granting of the charter so far as it was applicable. There has been considerable doubt as to when this assumption ceased, but the date generally assigned for this purpose is 1726.
It is hereby enacted, that it shall be competent to either of the Courts of Sudder Dewanny and Nizamut Adawlut, within the Territories subject to the Presidency of Fort William in Bengal, by an Order, under the signature of the Register of such Court, to transfer to such Register the duty of preparing appealed causes for trial, and of executing the decrees and orders of the said Courts, and to authorize him to issue the necessary process, and to proceed thereupon agreeably to the Rules prescribed by the general Regulations of Government.
And it is hereby enacted, that it shall be lawful for any Court within the Territories under the Government of the East India Company, and the several Judges thereof, in every Civil proceeding depending in such Court, upon the application of any of the parties to such proceeding, to order the examination, upon interrogatories or otherwise, before any Officer of and such Court, or other person
And it is hereby enacted, that the superintendence of the Temple of Juggernath, and its interior economy, the conduct and management of its affairs, and the control over the Priests, Officers and Servants attached to the Temple, shall continue vested in the Rajah of Khoorda for the time being;
And whereas by the said recited Act it is declared lawful of 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 made by such first letters patent:
In this Bill, we set up two independent Dominions, free and equal, of no less status than the United Kingdom or the Dominion of Canada, completely free in all respects from any control by this country, but united by a common allegiance to the Sovereign and by a community of ideas, receiving from their membership of the Commonwealth great advantages, but in no way suffering any restriction.
BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,