LECTURE XI. THE INFERIOR CIVIL COURTS. Courts of British Burmah-Recorders' Courts-Existing Courts in Burmah- As soon as the Legislature was reconstituted under British The first country which attracted the attention Courts of of the Legislature was British Burmah and by Burmah. Act I of 1863, six grades of Courts were established in addition to Recorders', and Small Cause Courts. Extra Assistants of the third, second, and first class held the three lowest Courts: then came the Court of the Assistant Commissioner who had the same jurisdiction as the Extra Assistant of the first class. Above these two were the Deputy Commissioner, the Commissioner, and the Chief Commissioner. Act maintained all the existing classes of Courts The XI. LECTURE in British Burmah, defined the jurisdiction to be exercised by each grade of those Courts and laid down rules for the admission of regular as well as special and second appeals. It extended to British Burmah generally, the Code of Civil Procedure which had already been in force under an order of the Supreme Government in the entire territory except the Province of Pegu. It also extended to Pegu the Limitation Act XIV of 1859. Recorders' Besides this scheme for the establishment of the local Courts, Act XXI of 1863 was passed apparently with the object of reviving on new soil the old Recorders' Courts which had once flourished in Calcutta, Madras, and Bombay. Under it there was established at Rangoon and Moulmein a Court presided over by a Barrister or Advocate of five years' standing appointed by the Governor-General in Council, with full powers of civil and criminal jurisdiction. The Civil Procedure Code regulated their proceedings in civil suits and they were to apply the law administered by the Bengal High Court in its ordinary original civil jurisdiction. A Registrar was appointed with the powers of a Small Cause Court Judge in certain suits under the value of Rs. 200. An appeal lay to Her Majesty in Council from the Recorder in all cases of the value of Rs. 10,000 or upwards and to the High Court of Bengal in all cases between the value of 3,000 and 10,000 rupees. The Recorder XI. moreover was vested with all the powers of a Court LECTURE of Session as defined in the Code of Criminal Procedure within certain territorial limits except that he had no power to try but only to commit to the Bengal High Court any European British subject charged with an offence punishable with death. Increased powers were conferred on the Registrars by Act III of 1866. Courts in In 1871 a Bill was introduced (which finally be- Existing came Act VII of 1872) to regulate the Courts in Burmah. British Burmah. The Chief Commissioner had found that his executive duties prevented him from properly discharging the judicial business thrown upon him. The principal object of the new Act was to relieve him of that burden. A Judicial Commissioner was constituted thereby to be the head of the Judicial system of the Province. A Judge of Rangoon was appointed in lieu of the Recorder; and a Small Cause Court Judge with the powers of a Sessions Judge was appointed in lieu of the Recorder of Moulmein. Commis The Judicial Commissioner relieves the Chief Judicial Commissioner entirely of judicial work and super- sioner. intends the minor Courts. He has, in civil matters, the powers of the High Court in relation to all Courts in British Burmah except the Recorder's Court of Rangoon, including all Small Cause Courts except that in Rangoon; and in criminal matters he has the powers of a High Court in relation to XI. LECTURE all Courts in Burmah except those of the Recorder and Magistrates of Rangoon. Chief Commissioner. Rangoon. The Chief Commissioner is vested with the powers usually confided to the Local Government of fixing the local limits of the jurisdiction of Courts and conferring special powers under certain restricthe Judges. tion upon Recorder of The Recorder of Rangoon holds his Court ordinarily in the Town of Rangoon, but may be directed to hold it either at Akyab or Moulmein for the trial of civil suits or appeals transferred to him, or of criminal cases in which European British subjects are concerned. Non-Regulation Territories. Central Then, with regard to the Non-Regulation Provinces of Oudh, the Central Provinces, the Punjab and other territories no attempt had been made to provide distinct and matured systems of judicial administration, such as had been conferred on the three Presidencies. The systems which existed had been hurriedly framed as the territories to which they related were from time to time annexed. The legislation relating to these and other matters was to be found in numerous rules and orders which acquired the force of law under Section 25 of the Indian Councils' Act. The Legislature accordingly proceeded to establish Courts and define judicial authority in those Provinces by its own enactments. In the Central Provinces there are eight grades of Courts established by Act XIV of 1865 in XI. addition to Courts of Small Causes and to any LECTURE other Courts thereafter to be established. The highest Court is that of the Judicial Commissioner who exercises appellate jurisdiction in cases determined by the Deputy Commissioner and the Commissioner of Division. He possesses the Chief Judicial authority in the country. The lowest Court is that of the tehsildar of the second class with jurisdiction in suits of every description up to Rs. 100 in value; next to him the tehsildar of the first class with jurisdiction up to Rs. 300; next to him the Assistant Commissioners of the third class, the second class and the first class with jurisdiction up to Rs. 500, Rs. 1,000, and Rs. 5,000 respectively; sixthly the Deputy Commissioner whose original jurisdiction is not limited to any pecuniary amount and who has power to hear appeals from decisions and orders of Courts of the first four grades; seventhly, the Commissioner who exercises appellate jurisdiction over his assistants and deputies being in turn subject to the appellate jurisdiction of the Assistant Commissioner. Division N. W. P. In the Jhansi Division of the North-Western Pro- Jhansi vinces, there are seven grades of Courts established of the by Act XVIII of 1867, similar to those established in the Central Provinces; except that there are no Assistant Commissioners of the third class, and the High Court of the Presidency renders the presence of a Judicial Commissioner unnecessary. |