Section 8. The Court of the Recorder shall have j~~risdiction in the adjudication of suits of every descrip- $;

48. The Court of the Recorder shall have j~~risdiction in the adjudication of suits of every descrip- $;:%;: tion, except those which are cognizable by a Court of Sillall Causes, if, in the case of immoveable property, tlle subject-matter of the suit is situate, or if, in all other cases, the cause of action or a material part tliereof has arisen, or the defendant at the time of the coiniiicncement of the suit dwells, or either personally or by his scr~rant or agent carries on busiucss or worlcs Civil juris- for 2 1 for gain, within tlie limits iilentioncd in section Iorty'seven. A corporation or company having an office wikhin such limits shstll, when tlie cause of action, or a material part thereof, has arisen in British Burma, or in any foreign territory adjacent thereto, be deemed, for the purpose of this section, to carry on business at such office. No appeal 49. There shall be no appeal from the decTee or froln Rccorder9s Court ill order of the Recorder passed in any original suit or certsiu cilses. proceeding mhcre the amount or value of the subjectmatter does not exceed three thousand iupees. But where the amount or value of the suit or proceeding in the Recorder's Court exceeds three tho=sand rupees, and is less than ten thousand rupees, an appeal shall lie to the High Court : provided that the amount or value of thc matter in dispute on appeal must exceed the former sum and be less than the latter. JJ7hea appeal lies to High Court. 58. For the trial of civil suits tho Recorder may constitute one or more persons assessor or assessors of the Court. Such person or persons shall attencl during the trial of the suit, and shall deliver his or their opinion or opinions in writing, to be rec,orded on the proceedings. But the decision of the case shall rest with the Recorder. Assessors ill suits. No officer of the Recorder's Court shall be appointed an assessor under this sectiod. Miscellaue51. The Recorder shall within the local limits O'ls juridic- of his ordinary civil jurisdiction, exercise the powers tiou. of a District; Judge; and he shall also exercise tho powers of a District Judge under Act No. IV of 7 869 (The Indims Divorce Act) throughout British Burma. MiscellaueO'ls tiou. 52. The Recorder shall, in respect of. tlie Court of Small Causes in Rangoon, exercise and perform Rec0rde.r'~ 52. powers iu respect small Cause the powers and duties of a High Court. Court, Rangoon. Grdnt of new `53.` trial. `53.` Tbe Recordei. may, if he thinks fit, graiit a new trial in any suit tried by him, if, in suits'relating to land or other i~nnmoveable property, such new trial be applied for nrithin three nlonthx from tllc date of the 2 2 the dccision, and, in all other cascs, if it be applied for within thirty days from the date of thc dccision. Provided that nothing hereinbefore contained Rc-!iem of shall interfere with the power of the Recorder to j"dgg"e"t. allow a review of judgment under the Code of Civil Procedure, if such review be applied for within the period allowed for making such applications. Provided also that the Recorder may, if he thinks Sec~wityfrom fit, before granting a new trial or a review, require "P~'"""~~ either. the party applying for the same to give sufficient security for the due compliance with the terms of the decree or order which it is sought to set aside or review, or for the costs of the new trial or review, specialjuris- sioner of the first or second class, with power to try diction. suits, the subject-matter of which does not exceed in amount or vaIue five thousand rupees. Chief Coni- Coni14. The Chief Commissioner may invest any presidmlssloner may invest ing officer of the Courts of grades (a) and (6) mentioned cel+,ainCou*s in section six with the powers of a Judge of a Cout with owera of Small Causes, to hear and determine suits of a of ~ u $ e of of of nature cognizable by a Court of Small Causes, and SmallCauses. the subject-matter of which is of such amouiit or value as the Chief Con~missioner thinks fit, not exceeding five hundred rupees. Chief Coni- Conimlssloner may invest cel+,ainCou*s with owera of ~ u $ e of of of Any Court so invested shall, in the exercise of the powers so conferred, be goveimed by the provisions of the law for the time being in force regulating the procedure of Courts of Small Causes outside the towns of Calcutta, Madras and Bombay. 16. The Chief Commissione~ may extend the jurisdiction of any Court of Small Causes to suits of a nature cognizable by such Courts, of which the subj ect-matter does not exceed in amount or value one thousand rupees. Power `.to` ex- tend Cause jurisdiction to `Rs- 1,000.` Exercise by by 16. The Chief Commissioner may empower the one Court limits presiding officer of any Court mentioned in scction of another of six, clause (a), (b), (o), ( d ) or (e), to exercise the owers of Of powers which might be exercised by the presiding fatter. officer of any other Court of the same grade within the local limits of the jurisdictiol- of the latter Court. Exercise by by one Court of another of owers of fatter. Power tocon17. The Chief Commissioner may confer upon the fer powers of Derluts corn. officer in chief executive charge of any district the missioner's powers which might bc cxercjsed within such district Court. by the Court of a Deputy Commissioner. Power tocon- fer powers of missioner's Court. (e) , `Civil` Procedwe. Procedure `18.` Where a suit is brought for immoveable p ~ o - wheu subjectmatter of perty situate within the local limits of the jurisdic- `is` situate tions of different Courts included in the same Division, within jurisdiction of dif- application for authority to pl-oceed wit11 the same. ferentconrts, shall be made to the Cornllzis~ione~ of the Division. If the said Courts belong to different Divisiolls, the application shall bc made to the Jqdicial Coinmis- sioner through the Commissioner of tlie Division in urhickt the Court wherein the suit mias instituted is included. If either of the said Courts is the Co~wt .of the Recorder of Rangoon, the application shall be made to the Special Court hereinafter mentioned. 19. No presiding officer of any Court mentioned Presiding officer of in section six, clause (a), (b), ( G ) , (d), (e) or (f) shall, Court not to unless with the consent of the parties, or by the direc- try suit or tion of the Chief ~ommissione< try any sGt or appeal ;&:fi;is in which he is a party or personally interested, or any interested ; appeal against a decree or order passed by himself ; or shall adjudicate upon any proceeding connected with, or arising out of, such suit or appeal : When any such suit, appeal or proceeding comes but in casc of before the presiding officer of any Court subordinate to the Judicial Commissioner, he shall forthwith, dicial Comunless the parties apply that he proceed with the case himself, transmit tlie record to the Court to which hc perior Court. is immediately subordinate, with a report of the circumstances of such transmission. When any such suit, appeal or proceeding comes but in casc of before the presiding officer of any Court subordinate ~~~~~~~~: to the Judicial Commissioner, he shall forthwith, dicial Comunless the parties apply that he proceed with the case f;;i?t:f;Z Such Court shall thereupon try the case itself, or Procedure transfer it for trial to any subordinate Court of com- thereollpetent jurisdiction as to the amount or value of the subject-matter. I n the event of an appeal being preferred to the Appeal to Jn~ ~ ~ ~ Judicial Commissioner from a judgment or order passed by him i11 any other capacity, or in which he from order has any personal interest, he shall, unless the parties passedbyhim ~ o ~ in other capa- apply that he proceed with the case himself, report ,ity or in the fact to the Chief Commissioner, who shall either which he is direct the Judicial Commissioner to try the case himself, or transfer it to the Court of the lEecorder of Rangoon.