Power to Secretary of State or Lord Lieutenant of Ireland to order Aliens to depart this Realm. the same, That when and so often as One of Her Majesty's Principal Secretaries of State in that Part of the United Kingdom called Great Britain, or the Lord Lieutenant or other Chief Governor or Governors in that Part of the United Kingdom called Ireland, shall have Reason to believe, from Information given to him or them respectively, in Writing, by any Person subscribing his or her Name and Address thereto, that for the Preservation of the Peace and Tranquillity of any Part of this Realm it is expedient to remove therefrom any Alien or Aliens who may be in any Part of this Realm, or who may hereafter arrive therein, it shall be lawful for such Secretary of State in that Part of the United Kingdom called Great Britain, and for such Lord Lieutenant or other Chief Governor or Governors in that Part of the United Kingdom called Ireland, by Order under his or their Hand or Hands respectively, to be published in the London or Dublin Gazette, as the Case may be, to direct that any such Alien or Aliens who may be within Great Britain or Ireland respectively, or who may hereafter arrive therein, shall depart this Realm, within a Time limited in such Order; and if any such Alien shall knowingly and wilfully refuse or neglect to pay due Obedience to such Order, or shall be found in this Realm or any Part thereof, contrary to such Order, after such Publication thereof as aforesaid, and after mitted to Gaol the Expiration of the Time limited in such Order, it shall be lawful for any of Her Majesty's Principal Secretaries of State, or for the Lord Lieutenant or other Chief Governor or Governors of Ireland, or his or their Chief Secretary, or for any Justice of the Peace, or for the Mayor or Chief Magistrate of any City or Place, to cause every such Alien to be arrested, and to be committed to the Common Gaol of the County or Place where he or she shall be so arrested, there to remain, without Bail or Mainprize, until he or she shall be taken in charge for the Purpose of being sent out of the Realm, under the Authority herein-after given. If Aliens wilfully refuse to obey such Order, they may be com until taken in charge for the Purpose of being sent out of the Realin. Penalty on ing such Order. II. And be it enacted, That every such Alien so knowingly Aliens disobey- and wilfully refusing or neglecting to pay due Obedience to any such Order as aforesaid shall be guilty of a Misdemeanor, and being convicted thereof shall, at the Discretion of the Court, be adjudged to suffer Imprisonment for any Time not exceeding One Month for the First Offence, and not exceeding Twelve Months for the Second and any subsequent Offence. Aliens on neg lecting to obey Order may be given in charge by Warrant of Secretary of State or Lord III. And be it enacted, That it shall be lawful for any One of Her Majesty's Principal Secretaries of State, or the Lord Lieutenant or Chief Governor or Governors of Ireland, in any Case in which any Alien shall be found in this Realm after the Expiration of the Time limited in such Order, and whether he or she shall or shall not have been arrested or committed for Refusal or Neglect to obey such Order, or convicted of such conveyed out of Refusal or Neglect, and either before or after such Alien shall have suffered the Punishment inflicted for the same, by Warrant under his Hand and Seal, to give such Alien in charge to One of Her Majesty's Messengers, or to any other Person or Per Lieutenant of the Kingdom. sons Alien shall sons to whom he shall think proper to direct such Warrant, in order to such Alien being conveyed out of the Kingdom; and such Alien shall be so conveyed accordingly: Provided Where any always, that where such Alien (not having been convicted as allege any Exaforesaid) shall allege any Excuse for not complying with such cuse for not Order, or any Reason why the same should not be enforced, or complying with why further Time should be allowed him or her for complying Council to Order, Privy therewith, it shall be lawful for the Lords of Her Majesty's judge of the Privy Council in Great Britain or in Ireland, as the Case may Sufficiency of be, to judge of the Sufficiency of such Excuse or Reason, and the same. to allow or disallow the same either absolutely or on such Condition as they shall think fit; and where such Alien shall be in Custody under such Warrant of any of Her Majesty's Secretaries of State or of the Lord Lieutenant or other Chief Governor or Governors of Ireland as aforesaid, the Messenger or other Person in whose Custody he or she shall be, forthwith upon its being signified to him that such Excuse or Reason is alleged by such Alien, shall make known the same to such Secretary of State, or to the Lord Lieutenant or other Chief Governor or Governors of Ireland, as the Case may be, who, upon receiving such Notification, or in any Case in which he or they shall be informed that any such Excuse or Reason is alleged by or on behalf of any Alien to quit the Realm, shall forthwith suspend the Execution of such Warrant until the Matter can be inquired into and determined by the said Lords of Her Majesty's Privy Council; and such Alien, if in Custody under any such Warrant, shall remain in such Custody, or if not in Custody may be given in charge by any such Warrant as aforesaid, and shall remain in Custody until the Determination thereon shall be made known, unless in the meantime such Secretary of State, or the Lord Lieutenant or other Chief Governor or Governors of Ireland, shall consent to or the said Lords shall make Order for the Release of such Alien, either with or without Security: Provided always, that the Lords of Her Majesty's Most Honour- Privy Council able Privy Council shall cause to be delivered to such Alien, in shall cause a Summary of Writing, a general Summary of the Matters alleged against him Matters alleged or her, and shall allow him or her reasonable Time to prepare against Alien to his or her Defence; and that it shall be lawful for him or her be delivered to him, &c. to summon and examine upon Oath Witnesses before the said Lords of Her Majesty's Most Honourable Privy Council, and to be heard before them, by himself or herself, or his or her Counsel, in support of the Excuse or Reason by him or her alleged. Cases, if they IV. Provided always, and be it enacted, That in every Case Judges may in which Power is given by this Act to commit any Alien to admit Aliens Gaol without Bail or Mainprize it shall and may be lawful for to Bail in all any Justices of Her Majesty's Courts of Record at Westminster see sufficient or in Dublin, or for any of the Barons in Great Britain or Ire- Cause. land, being of the Degree of the Coif, or for the Lord Justice Clerk or any of the Commissioners of Justiciary in Scotland, if upon Application made he shall see sufficient Cause, to admit such Person to Bail, he or she giving sufficient Security for his Where Alien shall not have been sent out of the Realm within One Month after Commitment, Judges, &c. empowered, where Appli. cation has been made, to continue in or discharge such Alien out of Custody. Act not to ex⚫ tend to Ambas sadors, &c., or Aliens who have resided in the Kingdom for Three Years. Duration of Act may be amended, &c. 9 G. 4. c. 73. or her Appearance to answer the Matters alleged against him or her. V. Provided nevertheless, and be it enacted, That where any Alien who shall have been committed under this Act to remain until he or she shall be taken in charge for the Purpose of being sent out of the Realm shall not be sent out of the Realm within One Calendar Month after such Commitment, it shall in every such Case be lawful for any of the Justices of Her Majesty's Courts of Record at Westminster or in Dublin, or for any of the Barons in Great Britain or Ireland, being of the Degree of the Coif, or for the Lord Justice Clerk or any of the Commissioners of Justiciary in Scotland, or for any Two of Her Majesty's Justices of the Peace in any Part of the United Kingdom, upon Application made to him or them by or on the Behalf of the Person so committed, and upon Proof made to him or them that reasonable Notice of the Intention to make such Application had been given to some or One of Her Majesty's Principal Secretaries of State in Great Britain, or to the Lord Lieutenant or Chief Governor or Governors of Ireland, or his or their Chief Secretary, according to his or their Discretion, to order the Person so committed to be continued in or discharged out of Custody. VI. Provided always, and be it enacted, That nothing in this Act contained shall affect any Foreign Ambassador or other Public Minister duly authorized, nor any Person belonging to the diplomatic or domestic Establishment of any such Foreign Ambassador or Public Minister, registered as such according to Law, or being actually attendant upon such Ambassador or Minister, nor any Alien under the Age of Fourteen Years, or who shall have been residing within this Realm for Three Years next before the passing of this Act. VII. And be it enacted, That this Act shall continue in force for One Year from the passing thereof, and until the End of the then next Session of Parliament. VIII. And be it enacted, That this Act may be repealed or amended in the present Session of Parliament. CAP. XXI. An Act to consolidate and amend the Laws relating to Insolvent Debtors in India. [9th June 1848.] W WHEREAS an Act was passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, 'intituled An Act to provide for the Relief of Insolvent Debtors in the East Indies until the First Day of March One thousand eight hundred and thirty-three: And whereas a certain other Act was passed in the Second Year of the Reign of His late 2&3 W.4. c. 45. Majesty King William the Fourth, intituled An Act to continue until the First Day of March One thousand eight hundred and thirty-six an Act of the Ninth Year of His late Majesty, for the Relief of Insolvent Debtors in India, whereby the the said last-mentioned Act was continued in force until the • First Day of March One thousand eight hundred and thirty'six: And whereas a certain other Act was passed in a Session ' of Parliament holden in the Fourth and Fifth Years of the Reign of His late Majesty King William the Fourth, inti 'tuled An Act to amend the Laws relating to Insolvent Debtors 4&5W.4. c. 79. 'in India: And whereas by an Act passed in a Session of Parliament holden in the Sixth and Seventh Years of the 'Reign of His late Majesty King William the Fourth, inti'tuled An Act to continue until the First Day of March One 6&7 W.4.c.47. 'thousand eight hundred and thirty-nine, and from thence to the 'End of the then next Session of Parliament, the several Acts relating to Insolvent Debtors in India, the first-mentioned Act, as amended by the said Act of the Session of the Fourth and Fifth Years of the Reign of His late Majesty King William the Fourth, was continued in force until the First Day of ' March One thousand eight hundred and thirty-nine, and from 'thence to the End of the then next Session of Parliament: 'And whereas by a certain other Act of Parliament passed in a 'Session holden in the Third and Fourth Years of the Reign ' of Her present Majesty, intituled An Act to continue until the 3&4 Vict. c. 80. 'First Day of March One thousand eight hundred and forty-five, ' and from thence to the End of the then next Session of Parliament, the several Acts relating to Insolvent Debtors in India, the said Acts of the Ninth Year of the Reign of King George the Fourth, and of the Session of the Fourth and Fifth Years of the Reign of King William the Fourth, were continued until the First Day of March One thousand eight hundred and forty-five, and from thence until the End of the then 'next Session of Parliament: And whereas by a certain other 'Act of Parliament passed in a Session holden in the Ninth and Tenth Years of Her present Majesty, intituled An Act to con- 9 & 10 Vict. 'tinue until the First Day of March One thousand eight hun- c. 14. 'dred and forty-seven, and from thence to the End of the then 'next Session of Parliament, the several Acts relating to Insolvent 'Debtors in India, the said Acts of the Ninth Year of the Reign of King George the Fourth, and of the Session of the Fourth and Fifth Years of the Reign of King William the Fourth, were continued until the First Day of March One thousand eight hundred and forty-seven, and from thence to the End of the then next Session of Parliament: And whereas it is expedient to consolidate the Provisions of the said Acts into One Act, and to amend the Laws relating to Insolvent 'Debtors in India: Be it therefore enacted by the Queen'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, That the said Acts of the Ninth Year of the Reign of King George the Fourth, and of the Session of the Fourth and 9 Fifth Years of the Reign of King William the Fourth, shall be and the same are hereby continued until the Thirty-first Day of July One thousand eight hundred and forty-eight, and that from M 4 and Recited Acts and 4 & 5 W. 4. c. 79. repealed after 31st July 1848, save as to Acts then done and pending under recited Acts 6 & 7 W. 4. c. 47., 3&4 Vict. c. 80., and 9 & 10 Vict. c. 14. Courts esta. blished under 9 G. 4. c. 73. for Relief of Insol. vent Debtors, continued with the same tofore. and after that Day the same, and also the said Act of the Session of the Ninth and Tenth Years of the Reign of Her present Majesty, shall be and stand repealed, save as to all Acts, Matters, and Things which before then shall have been done under the Provisions of the said Three last-mentioned Acts or of any of them, and save as to all Rights, Exemptions, and Discharges whatsoever under and by virtue of any of the said last-mentioned Acts, and save as to all Matters and Things whatsoever under and by virtue of any of the said last-mentioned Acts which shall then be pending in any of the Courts for the Relief of Insolvent Debtors in India, or in any other Courts whatsoever, which shall be proceeded with in the like Manner, and have all the like Effects and Consequences, as if the said Acts hereby repealed had been in force, and had been permanently continued by this Act. II. And be it enacted, That the Courts established under the first of the said recited Acts for the Relief of Insolvent Debtors in the East Indies shall be continued and shall continue to be Courts of Record, with all the same Powers as heretofore, and each shall continue to be styled "The Court for the Relief of Powers as here- Insolvent Debtors," and to be holden before any One Judge of the Supreme Courts of Judicature at Calcutta, Madras, and Bombay respectively, within the respective Limits of the said Towns of Calcutta, Madras, and Bombay, and that all the Officers of the said Courts respectively now established for the Relief of Insolvent Debtors in the East Indies shall be, until removed under the Provisions herein-after contained, the Officers of the said Courts hereby continued respectively, and that all Rules and Orders not repugnant to the Provisions of this Act now in force in the said Courts respectively, and all Tables of Fees now in force therein, shall, until the same are varied or repealed, continue in force in like Manner to all Intents and Purposes as if the Acts in force with respect to Insolvent Debtors before this Act comes into operation had been continued by this Act. A Court to be, holden once a Month at least in Madras and Bombay, by any One Judge of the respective Supreme Courts. III. And be it enacted, That a Court for the Relief of Insolvent Debtors shall be holden once a Month at least throughout in Calcutta, the Year, and oftener if need be, in Calcutta, and so often as and as often as may be found necessary within the Towns of Madras and found necessary Bombay, by any One Judge of the said Supreme Courts of Judicature respectively; and it shall be lawful for each of the said Courts to sit for the Despatch of Business at one and the same Time with the said Supreme Court of its Presidency; and every Advocate and Attorney of the said Supreme Courts at Calcutta, Madras, and Bombay respectively shall be entitled to practise in the way of his Profession in the Court for the Relief of Insolvent Debtors of that Presidency, and no other Persons shall practise as Advocates or Attornies in the said Courts for the Relief of Insolvent Debtors; and the said Supreme Courts of Judicature respectively shall have Power from Time to Time to make Rules to regulate the Proceedings of the Courts hereby continued for the Relief of Insolvent Debtors |