Section 74. The

74. The e ~ `R` .ti 1 i i 1 ! - `-` acfr VII Uz1?v?~u CUILI-ts. Powers of 74. Tlie Special Court shall exercise the powers Court of Referellce ex- exerciseable by a High Court as a Court of Reference, erciseable by in respect of sentences of death passed by tlie RecordSpecial Court. er of Rangoon, in cases tried by him as a Court of Session. Rules `as` to 75. Whenever, in cases tried by the Judicial Commissiolier and Recorder of Rangoon sitting together Special court in as a 8pecial Court without a Commissioner, a differcase of dif- ence of opinion arises in such Court, the following ference of rules shall he observed :- arising. `(1.)`[If the difference of opinion arise in a cil-il ] appeal, and if either the Judicial Commissioner or Recorder of Rangoon concur in the ruling of the Court from whose decision the appeal has been made, such ruling shall be upheld. If the difference of opinion arise as to some point of law, or custom having the force of law,, or the admissibility of evidence or construction of a document affecting the merits of the case, and if either the Judicial Commissioner or the Recorder of Rangoon be of opinion that the point should be referred to the High Court of Judicature at Fort William in Bengal, they shall state the point as to which they differ, and forward the statement with their respective opinions thereon to the High Court. (2.)[I n all other cases, the point shall be referred ] to the High Court with a similar statement of opinions. Decreemay `76.` Where such reference is in a civil suit, the be contingent paased on Special contingent paased on Special paased on Special Special . Court may proceed in the case notwithstandopinion of ing such reference, and may determine the suit conHigh but execut~on C3u:ty but execut~on C3u:ty C3u:ty tingently on the opinion of the said High Court on notto issue. the point referred; but no final execution shall be issued in any civil case in which a reference is made, until the receipt of such opinion. Decreemay `76.` be contingent paased on Special contingent paased on Special paased on Special Special . opinion of High but execut~on C3u:ty but execut~on C3u:ty C3u:ty Procedure of 77. The High Court shall proceed to determine High Court on reference. the point referred as if it were an appeal instituted in suoh Court, except that it shall not be neoessary for the parties to appear either personally or by agent. A copy of the determination of the High Court shall be sent to the Court from which the case was referred to the Special Court, and such Court shall dispose of the case accordingly. Procedure of High Court The `24` 1872.1 Burma Courts. The costs, if any, Consequent on the reference of the ~ostsofrefercase for the opinion of the High Court, shall be costs in the suit or appeal. CHAPTER VI. ~~ISCELLANEOUS. 78.[Instead of the last paragraph of section seven ][Amendment ] of section 7, of Act XV of 1869, the following shall be read :- Act XV of of of section 7, , Act XV of of 1869. " For the purposes of this Act every jail in British Burma shall be deemed to be situate within the local limits of the appellate jurisdiction of the Judicial Commissioner; and the ,Recorder of Rangoon may issue orders, under this sect.ion or sectians three or four, and may also issue commissions under Part 111 of this Act, in any jail in British Burma." `79.` No trial heretofore had by the Commissioner[Saving of ] trials by of Akyab as a Court of Session shall be deemed to Commishave been invalid merely on the grawd that such sioner of trial was not by jury. Court of Akyab as Akyab as as trials by Commissioner of Court of Akyab as Akyab as as Sesa aion. SCHEDULE. 6 ==> picture [383 x 411] intentionally omitted <== O5ce Supdt. Govt. Printing.-No. 15 L. D,-8-4 72.-3,100.