Section 111. The Court of the Extra Assistant of the third class, or the Myooke's jurisdiction of Court Court, sh

111. The Court of the Extra Assistant of the third class, or the Myooke's jurisdiction of Court Court, shall have power to receive, try and determine Of Extra *6siatant of suits of every description not exceeding 500 Rupees in 3rd class, or Myooke's Court. value or amount. IV. The Court of the Extra Assistant of the ~ c o n d class, or the Tseekay's Jurisdiction of Court Court, shall have power to receive, try and determine suits Extra of every description not (exceeding 3,000 Rupees in value 2nd class, or Tseekay's Court. or amount. `V,` The Court of the Assistant Commissioner and the Court of the Extra Jurisdiction of Court Assistant of th'e first class shall have power to receive, of Assistant 'Commissioner and of court of try and determine suits of every description not exceeding. Extra *s8lstant Of lst 5,000 Rupees in value or amount. class. `6` VI. The Court of the Deputy Comtnissioner shall have power to receive, Jurisdiction ofcourt of try and determine suits of every description excegdjng ; Deputy Commissioner. 5,000 Rupees in value or amount, and appeals from the decisions and, where an appeal is allowed by the Code of Civil Procedure, from the orders of the coLrts of the Extra Assistants of the third class or the Myookes' Courts, of the Courts of the. Extra Assistants of the seaond class , or the Tseekays' Courts, and of the Courts of the Assistant Commissioners and Extra Assistants of the first class, in the District of such Deputy Commissioner. - VII. The Court of the Commissioner shall have power to hear' and deJurisdiction of Court of ternlihe appeals from the original decisions, and, where an Commissioner. appeal is allowed by the Code of Civil Procedure or by this Act, fkom the orders passed by the Courts of the Deputy Commissioners in the Division of such Commissioner, The Commissioner niay a&o receive a second &@peal from the decisions of the Courts of the Deputy Commissioners in his , Division passed in regular appeal reversing or modifying the decision of the Court I, of @ a I t , I ' , 1 1 ! t 1 of original jurisdiction, on a point material to tlie merits of the case, if on a perusal of tho grounds of appeal and of ,the judgments of the ~o;rts below, copies of which judgments shall be filed with the petition of appeal, a further considera? tion of the case shall appear to him to be requisite for tl!e ends of justice. The decision of the Com~nissioner on such second appenl, whetier, for confirming, modifying or reversing the decision of the loqer Appellate Court, shall be finalj and no special appeal shall be allowed in such case to the Chief Commissioner from the decision either of the Deputy Corr~missioner passed in regular appeal, or of the Coulinissioner of the Division passed on such second appeal. The rejection of an appeal by the Colnrilissioner on a second appeal shall have the same effect as a confirmatbn of the decree of the lower Court. I I VIII. The Court of the ' Chief Commissioi~er shall, except as provided in Jurisdiction of Court of the last preceding Section and in Section XVIII of this Chief Commissioner. Act, have power to hear and determine special appeals from the decisions passed in regular appeal by the Deputy Commissioners and by the Commissioners of Divisions. Court in which suit to IX. Every suit shall be instituted in the Court of be instituted. the lowest grade competeilt to try it. X. It shall be lawful for the Deputy Conlmissioner to withdraw any suit institut.ed in any Court subordinate to such Deputy ComTransfer of suits. missioner, and to try such suit himself or to refer it for -trial to any other Court subordinate to his authority and competent in respect of the value of the suit to try the same. And- it shall be lawful for the Chief Corninissioner or for the Commissioner of a Division to order that the cognizance of any suit or appeal which shall be instituted in any Court subordinate to such Chief Commissioner or Commissioner, shall be transferred to any other Court subordinate to his authority and competent in respect of the value of the suit or appeal to try the same. XI. If the suit be for land or other immoveable property situate witbin the limits of different Di$tricts within the same Division, Suig for imrnoveable property situate `in` differ- the suit may be brought in any Court otherwise compe- ent ?Districts. tent to try it within the jurisdiction of which any portion of the latld or other imrnoveable property in sqit is situate, but in such case the Court in which the s?it is brought shall apply to the Commissioner of the Divk sion for authority to proceed with the same. If the suit is brought in any Court * . subordinate I * I I w I subordinate to the Court of the Deputy Commissioner, the application shall be submitted to the Commissioner of the Division through the Deputy C o n ~ r n i s s i ~ ~ ~ ~ to whom such Court is subordinate. XII. If the Districts within the limits of which the property is situate, are subject to different. Commissioners, the application Suits for immoveable property sitnate in Disshall be submitted tco the Commissioner to which the tricts Commissioners. subject to different District, in which the suit is brought, is subjjcct,. and the Commissioner to which such applicatio~ i s made may, with the concurrence of the Commissioner to which the other District is subject, give authority to proceed with the suit. XIII.[Except when otherwise provided in.any Regulation or Act for the ] time being in force, an appeal shall lie from t'he decisions k decisions except Appeal to lie from all exof the Courts of original jurisdiction to the Courts auprbssly prohibited. thorized by this Act to hear appeals from tlie decisions 'of those Courts. ==> picture [31 x 19] intentionally omitted <== XIV. The Ifernorandurn of appeal prepared in the form and containing the particulars llleiitioned in the Code of Civil Procedu~e Memorandum of appeal to be presented t~[shall be presented in the Court empowered to hear the ] the Appellate with- appeal, within the period hereinafter specified, unless the jn specified time. appellant shall show sufficient cause to the satisfaction of such Court for not having presented the Memorandum of appeal within such period, that is to say, within thirty days if the appeal lie to the Court of a Deputy Commissioner, and six weeks if the appeal lie to a Commissioner of a Division. The period shall be reckoned from and exclusive of the day on which the judgment.. appealed against was pronounced, and also exclusive of such time as may be requisite for obtaining a copy of the decree from which the appeal is made. - Appeals from orders, when such appeal is allowed by the Code of Civil Procedure or by this Act, shall be presented within the same period as appeals from decisions. ' XV.[In cases ][of ][appeal preferred to a Deputy Commissioner under Section ] VI, or to a Commissioner under Section VII of, this Act, r Deputy Commissioner and Commissioner may it shall 110t be necessary to summon the Respondent in decision Of lower t.he first instance, and if upon the perusal of the judgment Court appealed from with'out summoning the `ra-` of the Court below, of the whole or any part of the re, pondent. 'cord of the originalr'suit, and of the petition of appeal in I I the * the presence of the Appellant or of his duly constituted Agent, the Deputy Colnmissioner or the Cotnmissioner, as the case may be, shall see no reason to alter the decision appeaied from, it shall be competent to him to confirm the same recording his reasons for rejecting the appeal. In such case the Deputy Commissioner or the Coinmissioner shall cause the order for confirulation to be niade lrnown to the respondent through tlie Court from whose decision the appeal was made. SVI. Applications for a second appeal under Section VII of this Act Procedure as to second shall be preferred in the iilanner and within the period appeals. prescribed in Section XIV for regular appeals to the Comlnissioner of a Divisiou, and if the Co~utnissioncr shall see fit to admit any such seculid appeal, it sliall bt: heard auct determined in every respeci; as an ordiriary regular appeal. XVII. Applications for the adnlissivn of a special appeal, wliich the Chief is empowered by Sectiorl TI11 of this Act .Applications for the ad-[Cornmiss~o~~er ] husslon of slacial appeals. to receive and determine, nray be on any of the grounds specified in Section 372 of the Code of Civil Procedure. 'I'he application shall be presented within ninety days reckoned from and exclusive of the day on which the judgment of the lower Appellate Court was pronounced, and also exclusive of such tirne as may be requisite for obtaining a copy of the decree appealed against, unless the applicant shall show sufficient cause to the satisfaction of the Chief commissioner for not having presented the application within such period. The application shall be subject to all the con,litions, whether as regards Stamp duty, remission of a portion thereof when the application is made in `forntd` puuperis, or otherwise, contained in the said Code in cases of application for the admission of a special appeal to the Sudder Court. XVIII. No special appeal shall lie from any decision or order wliich shall be passed in regular appeal by any Court after the No special appeal from decision of Court of this Act, in any suit of the nature cognizable i l k Courts Cause cOanizable in Courts. of Small Causes under Act XLII of 1860, when the debt, damage, or demand for which the original allit shall be instituted shall not exceed the `sum` of five h q u d ~ d Rupees. *- `XIX.` If rr rr 9 ACT No. I OF 1863. XIX. If in any case of regular appeal in which under the last, preceding Section no special appeal is allowed, nr in any case of Reference of question to the Chief Commissecond a~ueal adunitted under Section VIL of this Act, rrioner. L L `I` ally question of law or usage ha,villg the force of law, or the construction of a document affecting the merits of the case shall arise, on which the Court trying the appeal shall entertain reasonable doubts, the Court may, either of its own motion or on the application of either of the parties to the appeal, draw up a statement of the case, and submit such statement with its own opinion for the decision of the Chief Commissioner. The provisions contained in Sections 29 to 34 of Act XXIII of 1861 (to amend Act V12I `of` 1859, for simplil@ing the procedure of the Courts of Ciz;il Judicature not esta- `blished` by Royctl Cluzrter) shall be applicable to the statenlent so submitted, aud tlie Chief Corn~nissioner shall proceed in the case under the rules contained in the said Sections for the directiorl of the Sudder Court so far as the sarne are applicable. XX. Applications to be allowed to appeal in formd pauperis shall be Applications to appeal written on Stamp paper of the value of one Rupee if the in formii pauperis. appeal lie to the Court of the Deputy Conlmissioner, and on Stnlnp paper of the value of two Rupees if the appeal lie to the Court of the Commissioner or to the Court, of the Chief Comlnissioner, and shall be presented in the Court competent to receive the same within the period prescribed by this Act for the prese:tation of appeals from decisions, or when the application is made to the Chief Commissioner within the period prescribed by this Act for the presentation of an application for the admission of a special' appeal. I XX1. Any person considering hilnself agd?ieved by a decree of a Court of original jurisdiction fkom which no appeal shall have On what grounds reGew of judgment may be[been preferred to a superior Court, or by ][a ][decree passed ] applied for. in appeal from which no second or special appeal shall have been admitted, or by a decree of the Court of the Chief Comlnissioner from &ich either no appeal shall have been preferred to Her 'Majesty in Council, or an appeal having been preferred, no proceedings in the suit shall have been transmitted to Her Majesty in Council, and who from the discovery of new matt,er or evidence which was not within his knowledge, or could not be adduced by him@ the time when such decree was passed, or from any other good and and sufficient reason, may be desirous of obtaining `a` review of the judgment . passed amgainst him, rnny apply for - a review of judgmqat by the Court which passed the decree. Such npplication shall be presented Time for presentation within t l ~ e period of ninety days from the date of the deof application for review. cree sought to be reviewed, unless the applicant shall show good and sufficient reason for not preserlting it within such period. XXII. Act XIX of 1841 ( f o ~ the protection oj' movenble and immove- w Fxtell~ion of able propel ty agcziusl w ~ o n g f 7 ~ 1 pos.session in cases of suc- ActstOBritishBurmah. cessions), A c t X L o f 1858 ( f o ~ making better provision .for the care of the persons and prope~ty of Minors in the Presic!ency of Fort William in Berrgt.d), and Act IX of 1861 (to amend the law relating to rMinors) are ll~reby extended to British Burrnah. All cases or Trial of cases or proceedings under the above pro~eedings arising under the said Acts 01% under Act and othcr Acts. XXXV of 1858 (to mnke better p~ovision for the care of the estates of IJunatics not subject to the jurisdiction of tire Supmeme Court of qudicature) or Act X'XVII of 1860 (for facilitating the col/ection of debts on successions, and for tile security of parties paying debts to the representatives of .deceased persons) shall be received and determined by the Deputy Commissior~er of the District subject to the provisions in the said Acts contained respectively as to jurisdiction and otherwise. All orders Appeal. passed by the Deputy Conmissioners in such cases or proceedings shall-be open to appeal to the Commissioner of the Llivision, provided that no such appeal shall be allowed unless it be presented within thirty days from the date of the order appealed against, or unless the pilrty making the appeal can shorn good and sufficient cause to the satisfgction of the Cornmissioner for not presentirlg the qppeal within such period. The order of the Commissioner on any such appeal shall be final. XXIII. Except as is in this Act otherwise provided, the proceedings in Civil suits of every description between party and party Courts in British Burmah PrOeedure Of Oili1 hrought in the Courts of Civil Judicature in British ' to be regulaled by Code Burlrlah mentioned in Sectiori 11 of this Act, shall be of Civil Procedure. regulated by the said Code of Civil Procedure, and, except as otherwise provided by this Act or by any Law which may hereafter `be` ' passed, by no other Law or Regulation. .' 2. XXIV. XXIV. Act XIV of 1859 (to provide for tile linzitalion of suits), as amended by Act XIV of 1862, is hereby extended to the Act laso ex- 8bvince of lJegu, a d shall take cfict therein ~ ~ . U I I I the tended to Pegu. date 011 which t611is Act cotnes into operation in British Burmah in supersession of any law of lirrlitation in force in the said Province. Provided that all suits pending in any of the Civil Courts in the said Province upon the date upon which this Act comes into operation in British Burrnall shall, so far as regards the provisions in this Section contained, be tried and determilled as if this 4 c t had not been passed. Provided also that Clause 15 of Section I of the said Act XIV of 1859 shall not apply to any claim to foreclosure mising under any deed or instrurnent of mortgage of irnmoveable property in Pegu' executed before the date aforesaid, but every such claim arising under any such deed or instrument shall, so far as the law of limitation is concerned, be governed by the laws or rules of limitation now in force in that province. XXV. Except as otherwise provided in this Act, Powers vested in Sudder Court `to` be exercised by the powers vested in the Sadder Court by the Code of the Ohief Civil Pmcedure, shall be exercised in British Burlnah by the Chief Commissioner. XXVI. Except as provided in Section XX of this Act, the Stamp Duties prescribed by Schedule B annexed to Act X of 1862 (to Levy of Stamp Duties. consolidate and amend tlze `law` relating `io` Stamp Buties) -for Instruments and Writings in the Sudder Court and the Courts subordi5nate to the Sudder Court, shall be chargeable on I n ~ t ~ u t n e n t s and Writings in the Court of the Chief Commissioner and the several Courts suboidinate to the .Chief Commissionv. Q XXVII. The local jurisdiction of a Deputy Commissioner shall be deemed a District for the purpose of this Act, and the Court of Construction of District court as used in S U C ~ Deputy Commissioner shall be deemed the District code of Court within the meaning of the Code of Civil Procedure. Bornmencement of Act. . XXVIII. This Act shall come into operation on the 1st day of May 1863. `Printed` at the Xilitary Orphan h s . - R . `No.` 48.