Section 19. The Chief Commissioner may empower the presiding officer of any Court mentroned

19. The Chief Commissioner may empower the presiding officer of any Court mentroned `b` section eight to exercise the powers which might be exercised by the presiding offi-cer of any other Court of the same grade, within the local limits of the jurisdiction of the latter Court. Exercise by within limits of another same grade? grade? of powers of latter. same grade? grade? by the presiding offi-cer of any other Court of the Procedure 20. Where a suit is brought for immoveable prowhen subject- . Inatterof wit wit perty situate within the local jurisdiction of different is situate Courts included in the same Division, application for within diction of juris- diction of juris- juris- authority to proceed with the same shall be made to different the Commissioner of thc Division : Procedure when subject- . Inatterof wit wit is situate within diction of juris- diction of juris- jurisdifferent Courts. If I I 1872.1 Burma Courts. If the said Courts belong to different Divisions, the application shall be rnsdc to the Judicial Commissioner, through the Commissioner of the Division in which the Court wherein the suit was instituted is included : If either of the said Courts is the Court of the Recorder of Rangoon, the application shall be made to the Chief Commissioner. `21.` No presiding officer of any Court mentioned [Presiding ] in section eight shall, unless with the consent of the Court officer not of to parties or the direction of the Chief Commissioner, try try suit or any suit or appeal in which he is a party or personally :{$ is interested, or any appeal against a decree or order ;nter,,ted; passed by himself ; or shall adjudicate upon any proceeding connected with, or arising out of, such suit , `ar` apped : When any such suit, appeal or proceeding comes but to tmnsfer to su- .---Before any such presiding officer, he ahall forthwith, perior Court; unless the parties apply that he proceed with the case himself, transmit the record to the Court to which he is immediately subordinate, with a xeport of the circumstances attending the reference : The superior Court shall thereupon try the case which may itself, or transfer it for trial to .any subordinate Court :z ;:;f':- of competent jurisdiction as to the amount or value court. of the subject-matter of the suit. I n the event of an appeal being preferred to the Trial of appeal from Judicial Commissioner from a judgment or order order of passed by him in any other capacity, or in which he Judicial `has` any personal interest, he shall, unless the parties Cammissioner in other apply that he proceed with the case himself, report capacit or in the fact to the Chief Commissioner, who shall either direct the Judicial Commissioner to try the case himself or transfer it to the Court of the Recorder of Rangoon. Appohtment al~d Removal. 22. The presiding officers of all the Courts except Appointment that of the Extra Assistant Commissioner of the third class shall be appointed by the Govmor General in Council. The 11 - I 1 i I BUYWU court^. [ACT VII The Extra Assistant Commissioner of tlie third class shall be appointed and miy be removed by the Chief Commissioner. Suspension 23. The presiding officer of any Court under this and removal of presiding Act may, for any misconduct, be suspended or re- officers. moved by the Governor General7 in Q6uncil. Suspension and removal of presiding officers. The presiding officer of any Court except the Courts of the Judicial Commissioner and the Becorder of Rangoon may, for any misconduct, be suspended by the Chief Commissioner, but shall not be removed without the sanction of the Governor General in Council. 24, Tbe ministerial offlcers of the Courts of - grades (1) and `(2)` mentioned in section eight shall be appointed by the Deputy Commissioner within whose local jurisdiction such Courts are situate. Appointment of rial officers of courts. The ministerial officers of all other Courts shall be appointed by the presiding officers thereaf ; provided that the appointment of every minis terid, officer of a Court subordinate to the Judicial Commissioner, whose monthly salary exceeds fdty rupees, shall be subject to the sanction of the Judicial Commissioner. Powerto fine, fine, 25. Every Court of the grades (1) and `(2)` men- sospe~ld or remove such such[tioned in section eight may fine in ][an ][amount not ] officers. exceeding one month's salary any of its ministerial officers who is guilty of misconduct or neglect in the performance of the duties of his office. Powerto fine, fine, sospe~ld or remove such such officers. The Deputy Commissioner, subject to the general control of the Commissioner, may on appeal or otherwise reverse or modify any such order ; and may of his om7n motion remove, suspend from office, or fine up to the amount of one month's salary, any ministerial officer of a Court subordinate to him, The presiding officer of any of the Qourts of grades" `(4),` (5) and (6) mentioned in section eight and of any Court of Small Causes, may remove or suspend the ministerial officers of his Court, or fine them in an amount not exceeding one month's salary ; but every such removal or suspension of an officer whose salary exceeds fifty rupees per month shall be subject to the review of the Judicial Commissioner. ==> picture [57 x 20] intentionally omitted <== ' Burma Courts. 1%'72.] `26.` Any fine impoied under ihis chapter shall, Recovery of if the order imposing it so directs, be recovered from [fines. ] the offender's salary. 27. The Chief Commissioner shall have a power General con- of general control over all appointments and re.. ~ ~ movals of ministerial officers under this Act. er over ap- General con~ ~ er over appointments and removals of ficers. ministerial `CiuiB` Appeab. `28.` The memorandum of appeal must, when the Time allowed appeal lies to the Commissioner, `be` presented within for presenting appeals six weeks, the period being reckoned from and ex- , c o m ~ s . clusive of the day on which the decision or order sioner. appealed against was passed, and also exclusive of such time as may be requisite for obtai~ing a mpy of such decision or order. 29. The Chief Commissioner m y direct that the Tran&er of civil appellate jurisdidion of any Commissioner cidappellate jurisdic- shall be transferred to the Judicial Commissioner, tion to Judi- either wholly or in respect of a particular suit `or` ckl Commis- class of suits, and either for a specified time or until S1oner. further orders. The Chief Commissioner may also at any time direct that any appellate jurisdiction which ' . has been so transferred to the Judicial Commissioner shall revert to the Commissioner from whom it was 80 transferred. any Commissioner cidappellate jurisdic- `30.` The Appellate Court may confirm the deci- Confirmation sion of the Lower Court without summoning the re- of decision of Lower Court spondent if, upon perusal of the judgment of the d+,utsum- Lower Court and of the petition of appeal in the monmg re- presence of the appellant or his pleader, there appear s~OnQnt. to the Appellate Court to be no reason to alter the decision appealed from. 31. When in the trial of any civil appeal, the Reference `to` Appellate Court entertains a doubt in regard to a Judicial Commission- question of law or usage having the force of law, or as ,. to the construction of a document, as to the admissibility of any evidence affecting the merits of the case, such Court may draw up a statement of the point as to which it is in doubt, and refer it, with tlie Court's own opinion, for the decision of the Judicial Commissioner. `32.` The ~ ~ ~ s ~ [ ACT VII Bzcrmn Courts.