![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' [‎57r] (113/210)](https://iiif.qdl.qa/iiif/images/81055/vdc_100000000517.0x0003b9/IOR_L_PS_12_1463_0113.jp2/full/!1200,1200/0/default.jpg "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' [‎57r] (113/210)")
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' [57r] (113/210)
The record is made up of 1 file (105 folios). It was created in 12 Apr 1933-2 Dec 1935. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
5
'with respect to filing of soils and appeals, receiv
ing pleadings, execution of processes, returning
of writs and the like as may be emergent.
23. The Chief Commissioner of Aden may, by
, , notification in the Aden
pa“c n o^ 0 sofSorau! Gazette, declare that the
land Protectorate. decrees of any civil
Court situated in the territories comprised in the
Somaliland Protectorate, or any class of such de-
erees may be executed by the District Court or
the Court of the Registrar as if they had been
decrees passed by such Court.
PART II.
Criminal Justice.
24. (2) The whole of Aden shall constitute one
Aden Seesion, Division Sessions Division consist-
and district. '0116 district.
(2) The Chief Commissioner may divide the
district of Aden into sub-
Power to divide district divisions and may alter
into sub-divisions. the limits of any sub-divi
sion.
25. There shall be. a Court of Session for the i
Sessions Division of Aden
Court of Session. presided over by ^ jiessions,
Judge to be appointed by the Governor General
inT'ouncil and holding its sittings in such place or
places as the Chief Commissioner may direct.
26. Save as otherwise provided in this Regula
tion, the Sessions Judge
Powers of Sessions Judge. ghall exercige a p the
powers exercisable by a Court of Session under the
Code of Criminal Procedure, 1898, and he may also, V of 1898.
when it seems proper to him so to do, exercise all
powers conferred on a District Magistrate by the
said Code except in cases triable by himself as a
Court of Session.
27. (2) The Chief Commissioner may appoint
Additional Sessions persons to be Additional
judge. Sessions Judges to exer
cise jurisdiction in the Court of Session.
(2) An Additional Sessions Judge shall try
only such cases and appeals as the Sessions Judge
by general or special order may direct him to try.
(3) Subject to the provisions of this Regu
lation, an Additional Sessions Judge shall exercise
all the powers exercisable by an Additional
Sessions Judge under the Code of Criminal Proce
dure, 1898.
V of 1898.
28. (2) The Chief Commissioner may invest any
District and Subordi- person with the powers
nate Magistrates. conferred by the Code of
Criminal Procedure, 1898, on a District Magistrate v of 1898.
or a magistrate of the first, second or third class
or with any of the additional powers with which
such magistrate may be invested under that Code,
and thereupon such person shall be a magistrate
exercising such powers subject to the provisions
of this Regulation.
(2) The Chief Commissioner may specify the
Local limits of their ^cal limits within which
jurisdiction. any person invested under
sub-section (2) with the powers of a magistrate may
H193LD ®
About this item
- Content
The file contains papers regarding: the issue of a regulation to replace the Aden Civil and Criminal Justice Act (1864) and subsequent related amendments; the proposed delegation to the Chief Commissioner of powers under Section 86 (4) Part IV of the Civil Procedure Code; and the change of the post of Judicial Assistant to District and Sessions Judge. The changes were necessary following the transfer of the civil administration of Aden from the Government of India to the Colonial Office.
Papers dated 1933 consist of notes and correspondence regarding the Aden Civil and Criminal Justice Regulation (1933) which replaced the 1864 Act and subsequent amendments. Included are copies of the former acts and amendments (folios 98-104), a draft of the new regulations (folios 80-97) and subsequent final text (folios 55-64), remarks of the Legal Advisor to the Secretary of State for India (Sir Edward Chamier) regarding the previous transfers of St Helena and the Straits Settlements to the Home Government, and correspondence between the Chief Commissioner (B Reilly), the Government of India, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and the Colonial Office.
Papers dated between 1934-1935 consist of correspondence regarding the pay and allowances of the Aden District and Sessions Judge, following the change from Judicial Assistant, and the assumption of the following additional offices: Assistant Commissioner of Income Tax; Registrar General of Births, Marriages and Deaths; Inspector General of Registration; District Regulator; and Commissioner for Workmen's Compensation.
Papers dated 1935 consist of correspondence between the Acting Chief Commissioner (H Wightwick) and the Government of India Foreign and Political Department, regarding the delegation to the Chief Commissioner of powers under Section 86 (4) Part IV of the Civil Procedure Code, allowing him to formally name the chiefs of the Aden Protectorate so that they may be tried in any competent British court should the need arise. Drafts of the schedule are included at folios 2-11.
The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio 1).
- Extent and format
- 1 file (105 folios)
- Arrangement
The papers are arranged in rough chronological order from the rear to the front of the file
- Physical characteristics
Foliation: the foliation sequence commences at the front cover with 1, and terminates at the inside back cover with 105; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
- Written in
- English in Latin script View the complete information for this record
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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' [57r] (113/210), British Library: India Office Records and Private Papers, IOR/L/PS/12/1463, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033277327.0x000072> [accessed 30 October 2024]
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- Reference
- IOR/L/PS/12/1463
- Title
- 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'
- Pages
- front, front-i, 2r:104v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence