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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' [‎89r] (177/210)

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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31 • (1) Tuq Cixlaf Coitfiiissioner nay direct any
two or more magistrates to sit together as a
Bench and may invest any such Bench with all
or any of the powers conferred by the Code of
Criminal procedure, 1898, on a kag1strate of tne
first, second or third class, or with all or any
of the powers with which any such magistrate may
under that Code invested.
(2) The Chief Commissioner may direct tnat
any such Bench shall exercise such powers
in such cases only or in such classes of cases
only or in such area only as the Chief Commissioner
thinks fit.
(3) Except as otherwise ordered by the Chief
Commissioner under sub-section (1) or sub-Section
(2), every such Bench shall have the powers con-
ferrsi by the Coae of Criminal Procedure, loua,
on a magistrate of the highest class to which
any of its members who is present taking part in
the proceedings as a member of the Bench belongs,
and such Bench shall, as far as practicable, be
deemed for the purposes of the said Code and
of this Regulation to be a magistrate of such caiss.
32* Tne Caief Cummissicmer may maKe rules con
sistent with the Criminal Procedure Code 1898,
for the guidance of Bencnes of magistrates in
the following matters, namely,
(1) the classes of cases to be tried;
(2) the times ana places of sittings;
(3) the constitution of the Bench for
com acting trials;
(4) the moue of settling differences of
. opinion $iich may arise between the
magistrates in session.
33. The Chief Corunlssloner may withdraw from
any person invested with the powers of an Assist
ant sessions .Judge, a District Magistrate a

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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.

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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' [‎89r] (177/210), British Library: India Office Records and Private Papers, IOR/L/PS/12/1463, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033277327.0x0000b2> [accessed 12 November 2024]

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