Section 49. Cases referred under section fortv-seven for thLipinion of the High Court, shall be dedlt with by a bench of two or more Judges of that Court

49. Cases referred under section fortv-seven for thLipinion of the High Court, shall be dedlt with by a bench of two or more Judges of that Court. Full bench to 49. with cases referred. And parties 50. may appear in person, or by Advocate, &c. Transmission of judgment of High Court, and proceeding thereupon. costs reCosts, if ference to High Court. the suit. 50. The parties to the case may appear and be heard in the High Court in person, or by an Advocate or Pleader ; but they shall not be bound so to appear ; and the High Court, when it has heard and considered the case, shall transmit a copy of its judgment, under the seal of the Court and the signature of the proper officer of the Court, to t%e Recorder, who shall, on the receipt thereof, proceed to dispose of the case conformably to the decision of the High Court. Costs, if any, consequent on the reference of a case for the opinion of the High Court, shall be costs in Transfer of `51.` The Chief'Cornmissioner may direct the transsuits Re- fer to the Recorder's Court of any suit or appeal corder's Court. which may have been instituted in any Court in British Burma other than the said Recorder's Court. Trial of such Every case SO transferred shell be tried and detersuits. mined by the Recorder in the same manner as if he had originally had jurisdiction in such case and it had been instituted in his Court. ~ 52. , ~ When any suit or proceeding comes before l the Recorder of Rangoon, in which he is a parts or personally interested, be shall, unless the pa<tieswapnlv that he lsroceed with the case himself. relsort the 1--d fact: to t h i Chief Commissioner, who 'shali either direct the Recprder to try the case himself, or transfer it to the Court of the Judicial Commissioner. ~ i ~of snit where Recorder is interested. ~ The Judicial Commissioner shall have the same jurisdiction in the adjudication of cases so transferred, as the Recorder has in suits and proceedings cognizable by him under this Act, and the provisions of Jurisdiction of Judicial in cases transferred. sections 1872.1 `Burma Coz~rts.` sections forty-six to fifty inclusive shall apply to such cases. `Criminal Jurisdiction.` 53. The Recorder shall exercise the powers of a Recorder t o Court of Session, as defined in the Code of Criminal exercise powers of Session Procedure, within the local limits of his ordiCourt within nary civil jurisdiction : Proxided that sentences of his civil jurisdiction. death passed by him as a Court of Session, shall be subject to the confirmation of the Special Court. `54.` The Recorder shall exercise the powers exerAnd powers of revision of cisable by a High Court as a Court of Revision, in High Cou1-t respect of the proceedings of Magistrates within the as to proceedlocal limits of .his ordinary civil jurisdiction. ings of Ma- gistrates. 55. The Recorder shall exercise the powers of a And povers of High High Court for the trial of European British subjects ; Court as to and all commitments of European British subjects on European charges of offences committed within British Burma, British subjects. which would, according to the law for the time being relating to Criminal Procedure, be made to a High Court, shall be made to his Court. 56. The proceedings on trials held by the Recorder Proceedings for the trial of European British subjects, shall be to be regulat- ed by Code of regulated by the Code of Criminal Procedure : Criminal Procedure. Provided that European officers in the Military Liability of Service, Commissioned and Non-Commissioned, resiMilitary offi- cers to serve dent within ten miles of the place of sitting of the as jurors. Court, shall be liable to serve as jurors for the trial of European British subjects. The Officer Commanding the Station where the List of offiCourt of Session is about to be held shall, when recers liable to serve. quired, send in to the Court a list containing the names of all officers liable to serve. The summons to any such officer to serve as a juror moned Officer sum- not shall be sent through the Officer Commanding the excusable exStation ; but no officer shall be excused from attendcept for urance, unless the Officer Commanding the Station $Ut,. pent military The summons to any such officer to serve as a juror shall be sent through the Officer Commanding the Station ; but no officer shall be excused from attendance, unless the Officer Commanding the Station shall certify in writing to the Court that the presence of the officer summoned is required elsewh, ore on urgent military duty: and in such certificate the Commanding [ ACT VII Burma Courtg. Commanding Officer shall supply tho name of some other officer for service upon the jury. sentence of 57. Sentences of death passed in the exercise of death `to` be the powers conferred by section fifty-five shall not be referred to High court. carried out without the confirmation of the Higb Court at Fort William in Bengal, to whom such sentences shall be referred. Advocates. Licensing of `68.`[NO person shall be permitted to appear or act ] Advocates, `as` the Advocate of any suitor in the Court of the and rules regarding qua- Recorder, unless such person has been licensed thereto lificationsand by the Recorder, either generally or specially ; and the Recorder may make rules for the qualification and admission of proper persons to act as Advocates in his Court, and may from time to time- cancel, vary or add to, any such rules : Provided that nothing in this secSaving of agent for for for SO- tion contained shall be deemed to prevent any person tion contained shall be deemed to prevent any person creta~s of from appearing or acting as the agent for the Secrestate, &c. tary of State for India in Council, or to prevent any suitor from appearing, pleading, or acting on his own behalf or on behalf of a co-suitor : Provided also And of Ad- that any person, who for the time being is an Advovocak" of High cate, Vakil, or Attorney-at-law of any of the Higb Courts. Courts of Judicature in India, shall be entitled, without any such license, to act as an Advocate for any suitor in the Court of the Recorder. Licensing of Advocates, and rules re- garding qua- Recorder, unless such person has been licensed thereto lificationsand by the Recorder, either generally or specially ; and the Saving of agent for for for creta~s of state, &c. Saving of agent for for for SO- tion contained shall be deemed to prevent any person tion contained shall be deemed to prevent any person License may The Recorder may, for any sufficient reason, susbe or withdrawn. suspended or withdrawn. suspended suspended pend or withdraw any license granted under this section. Any person aggrieved by such suspension or withdrawal may appeal to the High Court of Judicature at Fort William in Bengal. be or withdrawn. suspended or withdrawn. suspended suspended pend or withdraw any license granted under this 59. The fees to be received by any Advocate, whether generally or specially licensed by the Recorder, or entitled to act in his Court as an Advocate for another person without a license under section fifty-eight of this Act, shall at all times be subject to the control and taxation of the said Recorder, and no fees shall be recoverable by any Advocate, except such fees as shall have been allowed by the 'Recorder on taxation. Fees of Advocaks, &c., subject to taxation. Rules 2 0 Rules `of` the C o u ~ t . . `60.` Upon the occurrence of any vacancy in the[P~.ovision fol. ] office of Recorder of Rangoon and during any absence f;t";b;ff" $eof the Recorder, the Chief Commissioner may dircct corde, ;,, ,,,, the Judicial Commissioner or any Commissioner to of vacancy in perform the daties of the Recorder; and the Judicial his Commissioner or the Commissioner so directed shall thereupon be authorized to preside in the Court of the Recorder, and to exercise the jurisdiction of the 1 tecorder until some person shall have been appointed by the Governor General in Council to fill `or` officiate in the office of the Becorder, and shall have entcrcd upon the discharge of the duties of such office, or until the Recorder shall have returned from such absence. 61. The ministerial officers of the Court of the AppointRecorder of Rangoon shall be appointed by the ment and re- moval of Recorder, who may also remove or suspend them, or ministerial fine them in an amount not exceeding one month's officers. salary ; but the suspension or removal `d` any officer drawing a salary of one hundred rupees or upwards, sllall be subject to the orders of the Chief Commissioner. 62. The Recorder shall keep such registers and Registers, books and accounts, and submit to the Chief Commis- kc.> to be kept, and resioner such statements and returns as may, subject to turns to be the approval of the Governor General in Council, submitted, by be prescribed by the Chief Commissioner. TheReoorae'. said Recorder shall also comply with such re8 uisitions for information hief Commissioner, and generally, in matters not `as` are made by the judicial, shall be subject to the control of the Chief Commissioner. 63. The Becorder may make and 'issue general[Power ][to ] ~ ~ rules for regulating the practice and procedure of his Coart, and may prescribe forms for every proceeding therein for which he thinks that a form should be provided, and may from time to time alter any such rule or form; and tlle rules so made, and the forms so framed, shall be published in the local official Gazette, and after being so publislled shall be observed and used in the said Court: Provided tlzat 2 1 ~ a ~ $ ~ [ ACT VII Burma Courts. . that such rules and forms shall not be inconsistent with the Codes of Civil or Criminal Procedure or any other law for the time being in force, and shall, before they are published, have received the sanction of the Chief Commissioner. Rules for ser- 64. The Recorder may, with the previous sanc~ g ~ ~ f e ~ ~ ; - tion of the Chief Commissioner, make, and may from ass, , a time to time alter, rules to regulate the service and table of fees execution of the processes of his Court within tile for same. local limits of his jurisdiction ; and may settle a table of fees to be allowed to the persons emploxed in such publication service or execution. `All` such rules and tables shall of same. be published in the local official Gazette, and shall thenceforth have the force of law.