Coll 1/27 'Administration of justice in Aden: regulation to replace Aden Civil and Criminal Justice Act of 1864 and certain amending acts; emoluments of District and Sessions Judges' [‎64r] (127/210)

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(?) M lion the magistrate roWfq i •
person by whom it was made may app^Uo ft®
Sessions Judge and the decision of FiT o .
Judge thereon shall be final and shtll tiTbe
questioned m any Court in appeal or revision
^J1
w
(.3) When the magistrate rejects the claim he
&^!r“ 0n W the request of’th
. or “ n b >’ the was made stay the pro
ceedings until the expiration of the period allowed
for the presentation of the appeal, or if an appeal
is presented until it has been decided. 1
(4) When an appeal is present^! to the Sessions
Judge under sub-sect,on (2), the Sessions Judge
may direct that the proceedings before the magis
trate be stayed until the appeal has been decided.
40. (J) When an accused person claims to be
Prncedure of claim of dealt with as a European
a person to be dealt with ri ^ ^ dn
as a European (other than wian a iLuropean
a European British subject) British subject) or as an
.or as an American. American, he shall state
the grounds of such claim to the magistrate before
whom he is brought for the purpose of the enquiry
01 trial, and such magistrate shall enquire into the
truth of such statement and allow the person mak
ing it reasonable time within which to prove that
it is true, and shall then decide whether he is or
is not a European (other than a European British
subject) or an American as the case may be.
(?) When any such claim is rejected by the
magistrate and the person by whom it was made
is committed by the magistrate for trial before the
Court of Session, and such person repeats the claim
before such Court, such Court shall, after such
enquiry, if any, as it thinks fit, decide the claim and
shall deal with such person accordingly.
(3) The decision of the Court of Session in such
claim shall be final and shall not be questioned in
any Court in appeal or revision.
41. A trial before the Sessions Judge or an
Trial in Sessions Court Additional Sessions Judge
of European or American to as Court of Session in
1)6 by iu^y • which a European (whe
ther a British subject or not) or an American is the
accused person or one of the accused persons and
claims to be tried as such shall be by jury, and if
^ ..... , . such European or Ameri-
Constitution of jury. , .
can so desires, at least one
half of the jury in any such case shall be Europeans
or Americans if such a jury can be procured.
42. If at any stage of an enquiry or trial it
Accused to be informed appears to the Court that
of his rights. the case is or might be
held to be a case to which the provisions of section
39, 40 or 41, should be applied, the Court shall
forthwith inform the accused person of his rights
under those sections.
43. If a European (whether a British subject or
Omission or failure of n °f) or an American does
claim to be dealt with as not claim to be dealt with
European or American. . ,
as such by the magistrate
before whom the trial or proceedings are taking
place, or if when such claim has been made before
and rejected by the magistrate no appeal has been
made under sub-section (?) of section 39 or no repe
tition of the claim has been made under sub-section
(?) of section 40, he shall be held to have relin
quisher] his right to be dealt with as a European or
an American as the case may be and shall not
assert it at any subsequent stage of the case.
44. When a person, not being a European British
pe o L„rs sub r ct ’ or a Em «p^nor
entitled to it not to render an Amenca n, IS dealt with
trial, etc., invalid provided as a European British sub-
objection not taken. ject, a European or an
American, as the case may be, and such person
does not object, the enquiry, commitment, trial
or sentence, as the case may be, shall not by reason
ol such dealing be invalid.
45. (J) The Sessions Judge or Additional Sessions
Sentences which Courts not P a SS on
and Magistrates may pass any European British sub-
subjectsE Uropean feritish i ect any sentence other
than a sentence of death,
penal servitude or imprisonment with or without
fine or of fine.
(?) The District Magistrate or a magistrate of
the first class shall not pass on any European
British subject any sentence other than imprison
ment or fine or both.
(5) Nothing in this Regulation shall be deemed
to confer on any magistrate of the second or third
class any jurisdiction to try a European British
subject which is not conferred on such magistrate
by the Code of Criminal Procedure, 1898. ° V of 1898.
46. The provisions contained in Chapters
_ Applicability to Aden XXXIII and XL IV-A
XXxTnTnd Xm'-A^of of the °f Criminal
Code of Criminal Pro- Procedure, 1898, relating Vof 1898
cedure, 1898. to cases in which Euro
pean and Indian British subjects and others are
concerned shall not apply to Aden except so far
as they are expressly enacted in this Regulation.
Explanation—Yox the purpose of sections 39
to 46 the expression “ European British subject ”
has the same meaning as in the Code of Criminal
Procedure, 1898. „ ., ona
V of 1898.
47. (1) The Sessions Judge shall from time to
Preparation of liat ot P?P aI ? ia alphabe-
jurors. tical order a 1 st of persons
residing in Aden who are
m the opinion of the Sessions Judge qualified by
their education and character to serve as jurors.
(?) The list shall specify the name, place of
abode and quality or business of every such person
and the race to which he belongs.
(3) No person shall be exempt from liability
to serve as a juror on the ground only of his being
in military service.
48. ( 1 ) Copiesof the list of jurors prepared under
Publication of list. section 47 shall be exhi-
bited in the Court of Ses
sion and shal be published in the Aden Gazette
together in each case with a notice that objections
to the list will be beard and determined by the
Sessions Judge at a time and place to be men
tioned in the notice.
(?) The provisions of the Code of Criminal Pro-
General provisions as to Cedlire, 1898, as to jurors VnMsoa
jurors and list of jurors. and tlie Hst o{ ^ 189S *
apply so far as those provisions can be applied and