142 



THE PREDECESSORS OF THE 



one of the Judges of the High Court of Judicature at Madras, 

 and that the said High Court, and any such Judge thereof, 

 should have and exercise, whether within or without the Pre- 

 sidency of Madras, such powers and authorities with respect 

 to original and appellate jurisdiction and otherwise as were 

 constituted by the laws relating to insolvent debtors in 

 India. 



The 18th section of the amended Charter (28th December 

 1865) is in the same terms, except that the words " within the 

 Presidency of Madras " are substituted for " whether within or 

 without the Presidency of Madras" thereby depriving insol- 

 vents in the mofussil of any relief except that afforded by 

 sections 273, 275, 280, 281 and 282 of Act VIII of 1859, 

 and section 8 of Act XXIII of 1861, by which provision 

 was made for the discharge of any person in custody upon his 

 giving up all his property. This, however, has been to a 

 great extent remedied by the Code of Civil Procedure, Act X 

 of 1877, Chapter XX. 



The only remaining part of the Statute 39 and 40 Greo. Ill, 

 c. 79, which it seems necessary to notice is the 25th section, 

 by which, after stating that it might be expedient for His 

 Majesty, his heirs or successors, to issue a Commission from 

 His High Court of Admiralty in England for the trial and 

 adjudication of Prize Causes, and other maritime questions 

 arising in India, it was enacted that it should and might be 

 lawful for His Majesty, his heirs and successors, to nominate 

 and appoint all or any of the Judges of the Supreme Courts 

 of Judicature at Port "William and Madras, or the Court of 

 the Eecorder at Bombay, either alone or jointly with any 

 other persons to be named in such Commission, to be Com- 

 missioners for the purpose of carrying such Commission so to 

 be issued as aforesaid into execution ; any Act or Acts to the 

 contrary thereof in any wise notwithstanding. A Vice- Admi- 

 ralty Court was accordingly established at Madras on the 



