Perpetuation of Testimony Act, 1842

PERPETUATION OF TESTIMONY ACT 1842

CHAPTER LXIX.

An Act for perpetuating Testimony in certain Cases.[1] [30th July 1842.]

[Preamble.]

Bills in chancery to perpetuate testimony may be filed by persons claiming honours, titles, &c. contingent on future events.

[1.] Any person who would, under the circumstances alleged by him to exist, become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any estate or interest in any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such event, shall be entitled, to file a bill in the High Court of Chancery to perpetuate any testimony which may be material for establishing such claim or right; and all laws, rules, and regulations not contrary to the provisions of this Act, now in force or in use in suits to perpetuate testimony, or respecting depositions taking in such suits, or the punishment of perjury committed in making such depositions, shall be in force and used and applied in all suits to be instituted under the authority of this Act, and in respect to depositions taken on such suits.

Attorney general to be party defendant in all such suits in which the Queen may have any estate or interest.

2. In all suits which may be so instituted under the authority of this Act, touching any honour, title, dignity, or office, or any other matter or thing, in which her Majesty may have any estate or interest, it shall be lawful to make the attorney general for the time being a party defendant thereto; and in all proceedings in which the depositions taken in any such suit in which the attorney general for the time being was so made a defendant may be offered in evidence, such depositions may be admissible notwithstanding any objection to such depositions upon the ground that her Majesty, her heirs or successors, were not parties to the suit in which such depositions were taken.

[1 Rep. as to E. 46 & 47 Vict. c. 49. s. 49. s. 3; but see s. 7.]