Section 77. The Chief Commissioner may direct that any CIlief Corn~ ~ civil suit or appeal, or any criminal case

CHAPTER V. 72. The Special Court under this Act shall ordi- Constitution narily be constituted by the Judicial Commissioner $o,"zcial and the Recorder of Rangoon sitting together; but the Chief Commissioner may direct any Commissioner to sit in the Court, during the hearing of any case, as an additional Judge. Such Commissioner shall record his opinion in the case, ancl in case of a difference of opinion, the opinion of the majority shall be the decision of the Court. When the Judicial Comissioner sad Recorder sit precedence in together as a Special Court, the senior officer, accord- SpecialCourt. ing to priority of appointment, sliall have the precedence in the Court so formed. `73.` The Special Court shall ordinarily be held in Placeof holdthe Town of 12angoon ; but the Chief Coiiirnissioncr ing Special niay direct it to be held at any other place in British[Court. ] Burnis. Tlzc 2 9 Bu~nzct Courts. [ACT XVIX t i used. Seal to be The Special Court shall use a seal of such form and dimensions as the Chief Commissioner from time I to time directs. [ Rules and 74. The Judicial Commissioner and the Recorder cia1 Court. fees for Spe- of R ~ & O O ~ may f rom time to time, with the previous sanction of the Chief Commissioner- (a) make rules for regulating the times and places of the sittings of the Special Court, the reception of applications relating to appeals to such Court, and the distribution of business between the Judges composing it; provided that such rules are consistent with this Act and other laws for the time being in force in British Burma ; 1 (b) make rules to regulate the service and execu- I i tion of the process of the Special Court ; and (c) settle a table of fees to be allowed to persons employed in such service or execution. (a) make rules for regulating the times and places of the sittings of the Special Court, the reception of applications relating to appeals to such Court, and the distribution of business between the Judges composing it; provided that such rules are consistent with this Act and other laws for the time being in force in British Burma ; Such rules and table shall be published in the `British` Barma Gazette, and shall thereupon have the force of law. The Judicial Commissioner and Xecorder may also appoint, suspend or remove the ministerial officers of the Special Court : Provided that the suspension or removal of any officer drawing a salary of one hundred rupees and upwards shall be subject to the orders of the Chief Coinmissioner. Provided also that in case the Judicial Commissioner and Recorder differ in opinion as to any matter mentioned in this section, such matter shall be refemed to the Chief Commissioner, whose order thereon shall be final. 1 ; certain orders from 76. Appeals from orders and decrees passed by- 1 of J~tdicial Commission `(a)` \ I the Judicial Commissioner in the exercise of er any jurisdiction transferred to him under section I of Maulmain. twenty-three, or I (6) the Judge of the Town of Maulmain in civil suits and proceedings, shall, where an appeal is allowed by law, be beard and determined by the Special Court. 76, If - 30 76. If in any civil suit or appeal, or in any crinl- Judicialcorninal case or appeal pending in the Court of the Ju- ~ ~ f ~ ~ dicial Commissioner or in the Court of the Recorder may sit as of Rangoon, the one Court wishes to obtain the opin- Special Court at the request ion of the other on any question of fact or law, or of either, usage having the force of law, or the construction of a document, or wishes to obtain the assistance of the other for the determination of the case pending before it, such Court shall record a memorandum to that effect ; and after the receipt of a copy of such memorandum by the other Court, the said Judicial Commissioner and Recorder shall sit together as soon as may be convenient, and shall form a Special Court for the disposal of the said question or for the determination of the case so pending. ~ ~ a n , ; `i` `i` i 1 I i a I S i I I n case of difference of opinion, that of the Court which sought the opinion of the other shall prevail. 3 77. The Chief Commissioner may direct that any CIlief Corn~ ~ civil suit or appeal, or any criminal case or appeal, pending in the Court of the Judicial commissioner cases to be or in the Court of the Recorder of Rangoon, shall tried by s i ~ e - cia1 Court. be transferred to and tried before the Special Court. i 1 1 ~ ~ f I: f e I ~ `I` 1 i