Page:Letters Patent, Establishing a Supreme Court of Judicature, at Fort-William, in Bengal.pdf/32

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Uſe of the United Company, and the ſame ſhall be levied by ſuch Proceſs as is herein before provided, for levying Coſts.

Diſputes between Indian Natives and Britiſh Subjects, may, by Agreement, be determined in the Supreme Court; and Cauſes of Acttion, exceeding 500 current Rupees, and Suits brought in other Courts, either Party may appeal to the Supreme Court, which is to cauſe Proceedings in other Courts to ſurceaſe, and Supreme Court to determine thereupon.And Whereas Contracts, or Agreements in Writing, may be entered into, by ſome of the Inhabitants of India, reſiding in the ſaid Provinces or Diſtricts of Bengal, Babar, and Oriſſa, or ſome of them, or ſome Part thereof, with Our Britiſh Subjects, or ſome of them, wherein ſuch Inhabitant or Inhabitants may agree, that, in caſe of Diſpute, the Matter ſhould be heard and determined in the ſaid Supreme Court of Judicature, at Fort-William in Bengal, and whereupon a Cauſe of Cauſes of Action may ariſe, exceeding in Value reſpectively the Sum of Five Hundred current Rupees, and Suits may be brought thereupon, in ſome of the Courts of Juſtice, already eſtablifhed in the ſaid Provinces or Diſtricts, We do hereby further grant, ordain, eſtabliſh and appoint, that in ſuch-Caſes, it ſhall be lawful for either Party, before or after Sentence or Judgment pronounced therein, by his, her, or their humble Petition, ſuggeſting ſuch Agreement in Writing as aforeſaid, and verifying the ſame upon Oath, to appeal to the ſaid Court of Judicature, at Fort-William in Bengal, and upon ſuch Petition preferred, and filed of Record, in the ſaid Supreme Court of Judicature, at Fort-William in Bengal, the ſaid Supreme Court of Judicature, at Fort-Wiliam in Bengal, may, and is hereby authorized to award and iſſue a Writ, or Precept, to be prepared in Manner and Form above-mentioned, directed to the other Party or Parties, commanding him, her, or them, immediately to ſuirceaſe proceeding further in ſuch Suit or Suits, and thereupon ſuch Supreme Court ſhall determine thereupon, according to Right and Juſtice, in like Manner as if no Proceedings had been in ſuch other Court of Juſtice.

Supreme Court to be a Court of Equity, as the Court of Chancery in Great-Britain, and to Compel Appearance, &c. accordinglyAns it is Our forther Will and Pleaſure, and We do hereby, for Us, Our Heirs and Succeſſors, grant, ordain and eſtablith, that the ſaid Supreme Court of Judicature, at Fort-William in Bengal, ſhould alſo be a Court of Equity, and ſhall and may have full Power and Authority to adminiſter Juſtice, in a ſummary Manner, as nearly as may, according to the Rules and Proceedingsof