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' [100v] (200/210)
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.
2
Aden Civil and Criminal Justice [act vi
New section 5 ^ After section 13 of the said Act the following
13A.
section shall be inserted, namely: —
Appointment “ 13A. (J) The Governor of Bombay in
jurisdiction Council may appoint any Assistant Besident to
of the Judicial p e Judicial Assistant to the Kesident.
the Resident. (2) Subject to the provisions of this Act the
Judicial Assistant shall exercise the same civil
jurisdiction as is conferred by this Act on the ^
Besident and the provisions of sections 0, 7, 8, 9,
10, 12, 14, 15 and 16 of this Act shall apply to
him in the same way and to the same extent as
they do to the Besident.
(5) The Judicial Assistant shall try such cases
and hear such appeals and dispose of such
applications for revision as the Besident may by
general or special order refer to him for disposal.
(4) No appeal shall lie under section 5 from
any decision or order of the Judicial Assistant.
Amendment
of section 14
of Act II of
1864.
Amendment
of section 16
of Act II of
1864.
Substitution
of a new
section for
section 18 of
Act II of
1864.
District and
Subordinate
Magistrates.
6 . In section 14 of the said Act,
(а) For the words, figures and brackets
“ Act XLII of 1860 (for the establishment of
Courts of Small Causes beyond the local limits
of the jurisdiction of the Supreme Court of
Judicature established by lloyal Charter)
the following words and figures shall be substi
tuted, namely :—
“ the Provincial Small Causes Courts Act,
1887”; and
(б) the word and figures “ XLII of I860 ”
wherever they occur, shall be repealed.
7. In section 16 of the said Act for the words
“the Code of Civil Procedure” the words and
figures “ the Code of Civil Procedure, 1908 shall
he substituted.
8 . For section 18 of the said Act, the following
shall be substituted, namely:
IX of
1887.
V of
1908.
“ 18. (I) The Governor of Bombay in Council
may invest any Assistant Besident with the
powers of a District Magistrate, or may invest
any Assistant Besident or any other person with
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' [100v] (200/210), British Library: India Office Records and Private Papers, IOR/L/PS/12/1463, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033277328.0x000001> [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