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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' [‎84r] (167/210)

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. .

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inatar.c® whicn relates to iieaoTable roperty or in
which the value of the claiai c:,ceed3 lis. 500.
(2) Sri ap eal shall lie to the District Judge from k
all orders passed by the Registrar of the District
Court in the execution of a decree and ircm all other
orders passed by courts subordinate to the District
Court from which if prssed V. a court subordinate to
the court of a District Judge in the ' residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. of
Bombay, an appeal would there lie t< the District Judge
and frcrfj all orders in cases other han suits as d^inei
in the Cede of Civil Procedure, 190c.
15. Pxcegt as provided in section 14 no appeal shall
lie frotfi u decree or passed by the legistrar of
the District Court.
but the District Judge rt-ey within the period allowed
foy op erl in .eala le coses Call for any
proceedings of the Registrar at any sts^e thereof and
may ^ess such orders thereon es he thinks fit.
16. The District Judge shall have the powers
conferred by section 15 in respect of proceeding
held by the registrar as a Jud,.e of e Court of
Zmall Causes, and shsll heve the like power in
respect of all proceedings held by any other person
Fppointed under section 13 to be a jud e of a Soart
of Small Causes;
17. Except as otherwise provided in this -iegulation,
proceedings in suits and cases of every description
between party and party brought in the civil courts
of Men shall be regulated o J the Code of Civil
’rocedure, 19C>, and by any other /ct relating to
civil procedure for the time being in force in Aden.
16. In the administration tf civil justice the
courts in /den shall be guided by the spirit and
principles of the lews and regulations in force in
the

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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
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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' [‎84r] (167/210), British Library: India Office Records and Private Papers, IOR/L/PS/12/1463, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033277327.0x0000a8> [accessed 30 October 2024]

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