remove them. Gazette, fit and proper persons to be District Commissioners of the trict CommisColony, who shall have the powers and jurisdiction hereinafter sioners and to provided. Every such District Commissioner shall be removeable from one district to any other at the discretion of the Governor. (3 of 1883, s. 3, amended.) (2) The Governor may in like manner appoint fit and proper persons to be Assistant District Commissioners, and may in his discretion issue judicial warrants to such Assistant District Commissioners, or any of them, who shall thereby have all the powers and jurisdiction hereinafter conferred upon District Commissioners and be subject to all the provisions relating to District Commissioners herein contained. (3) Judicial warrants shall be in such form as the Governor may from time to time prescribe and shall be revocable at his discretion. District Com 37. In case of the illness or absence of any District Com- Governor's missioner from the District to which he has been appointed, or power to appoint perin case of the absence of such District Commissioner from the place sons in case of or places in which the sittings of the Court are holden by him illness within the District as aforesaid, or in case any other circumstances absence of should make it expedient so to do, it shall be lawful for the missioner or in Governor to appoint in the way and manner herein before provided, other cases to a fit and proper person or persons to discharge wholly or in part, duties. discharge his all or any of the duties of the office of such District Commissioner, and such person or persons shall be removeable from office and from one District or any part thereof to any other at the discretion of the Governor: Every person or persons so appointed, shall have wholly or in Powers and part according to the terms of his or their appointment in those jurisdiction of places to which he or they may be so appointed, the powers and Persons 20 appointed. jurisdiction vested by this Ordinance in the actual holder of the office of District Commissioner in that District. (3 of 1883, s. 4.) before such 38. If and when any person shall by the terms of his appoint- Certified ment be authorised under the provisions of the last preceding copies of section to exercise magisterial functions in any place other than proceedings that in which the sittings of the Court are usually held, he shall persons to be from time to time, and at intervals in no case to exceed the sent to the Registrar. calendar month, forward a certified copy of all proceedings taken before him to the Registrar of the District in which he is acting, and such Registrar shall cause the same to be filed with the Records of the Court of the District Commissioner. (3 of 1883, s. 6.) 39. Every District Commissioner shall be ex officio a Commissioner of the Supreme Court. (4 of 1876, s. 34, part.) District Com missioners to be ex officio Commis Court. 40. Every District Commissioner shall have power to issue sioners of th writs of summons for the commencement of actions in the Supreme Court, to administer oaths, and take solemn affirmations and General declarations, and receive production of books and documents, and Commis powers of sioners. Commissioners to form Courts. Commissioners to have powers of justices. Commis to the direc to make such decrees and orders, and issue such process and exercise such powers, judicial and ministerial, in relation to the administration of justice, as shall from time to time be prescribed by any Ordinance, or by Rules of Court, or subject thereto by any special Order of the Court. (4 of 1876, s. 35.) 41. Every District Commissioner for and in his own District, for the purposes and to the extent of the jurisdiction conferred upon him, and subject to the provisions of this Ordinance, shall be, and form a Court and be deemed to have and may exercise the powers of a Judge of the Supreme Court. (4 of 1876, s. 3r.) 42. Every District Commissioner shall, subject to Rules of Court, have in his District all the powers which by law belong to or are capable of being exercised by two justices of the peace sitting together. (4 of 1876, s. 38.) 43. Every District Commissioner, and Officer attached to a sioners subject District Commissioner, shall be subject to the orders and directions of the Court as fully as any other Officer of the Court, and every proceeding before a District Commissioner shall be subject. to the directions and control of the Court. (4 of 1876, s. 39.) tions of the Court. Jurisdiction of District Commissioners in 44. In civil matters every District Commissioner shall, subject. to the provisions hereinafter contained, and in addition to any jurisdiction which he may have under any other Ordinance, have civil matters. jurisdiction within the District to which he is appointed: Increased jurisdiction by consent of parties. i. In all personal suits whether arising from contract or from tort or from both where the debt or damage claimed, whether as balance of account or otherwise, is not more than fifty pounds. ii. In all suits between landlord and tenant for the possession iii. To issue writs of habeas corpus for the production before his v. To grant in any suit instituted in his Court injunctions or Provided that where a civil suit or matter relates to any claim of such a nature as is herein before described it shall be lawful for a District Commissioner, if he shall think fit, on the application of all parties to the suit, not being under any disability, and upon their consent in writing being filed in the Court, or reduced to writing upon oral examination of the parties, to hear and deter mine such suit although the amount or value claimed may exceed the amount or value herein before described: provided also that the amount or value claimed shall not be more than double that hereinbefore described. cases invol by consent in ving ownership of land. Provided also that if in any civil cause for trespass on land or Jurisdiction upon the hearing of any claim in respect of land attached in execution of a decree the ownership of land comes in question, a District Commissioner may adjudicate thereon if all parties interested consent; but if they do not consent he shall apply to the Chief Justice or Judge of the Divisional Court of the Province in which his district is situated to transfer the cause, and the Chief Justice or Judge shall transfer it accordingly to a Divisional Court. (3 of 1905, s. 2, amended.) 44. A District Commissioner may, on complaint on oath being Sureties of made to him, order any person to enter into a recognizance with the Peace. or without sureties to keep the peace or to be of good behaviour towards the complainant for a period of not more than two years, and in default to be imprisoned with or without hard labour for three months. The provisions of the Criminal Procedure Ordinance shall apply to the hearing of any such complaint, but the defendant shall be a competent witness at the hearing. The Chief Justice may at any time order that the sum in which the principal or any surety is ordered to be bound shall be reduced. 45. In Criminal matters, every District Commissioner shall have Their jurisjurisdiction within the District to which he has been appointed for diction in the summary trial and determination of criminal cases, that is to say, Where any person is charged with any offence or act under any Ordinance punishable either by fine not exceeding fifty pounds or by imprisonment not exceeding six months or by both; Where any person is charged with any offence or act punishable, or in respect of which any penalty may be recovered, or order made for the payment of money according to law upon summary conviction; Where any person is charged with any offence not being felony, or being larceny, embezzlement, or knowingly receiving stolen property, such offence appearing to be of such nature, that, if proved, it would be adequately punished with any one or other of the following punishments; viz. :— i. Imprisonment for not more than six months with or without hard labour; or ii. Imprisonment for not more than sixty days, either with or without hard labour, and fine not exceeding thirty pounds enforced by distress, or by imprisonment for not more than sixty days, either with or without hard labour: or iii. Fine not exceeding fifty pounds enforced by distress or by imprisonment with or without hard labour, for not more than six months. (3 of 1883, s. 8, amended.) criminal matters. The Chief Justice may, with the approval of the Governor, increase their jurisdiction. Commissioner may refer matters to the Court. Appeals from Commissioners. Minutes to be Court where 46. The Chief Justice may, by Special Order under his hand and the Seal of the Court, and with the approval in writing of the Governor, authorize an increased jurisdiction in Civil or Criminal matters, or in both, to be exercised by the District Commissioner for the time being, in the District named in the Order, and to the extent specified in the said Order. Such Special Order may at any time be revoked by the Governor by writing under his hand, or by the Chief Justice by an instrument under his hand and the Seal of the Court, with the approval in writing of the Governor, but no such revocation shall prejudice the issue of a new Special Order in the same or in different terms to the same Commissioner or to the person acting temporarily as his substitute. (3 of 1883, s. 9.) 47. If upon the application of any party interested, or without such application, any cause or matter appears to a District Commissioner proper for the decision of the Court, the Commissioner may report the same to the Court, and the Court may either dispose of the cause or matter, or refer the same back to the Commissioner with such directions as it may think fit. (4 of 1876, s. 40.) 48. Any person affected by any Order or decision of a District Commissioner may appeal to the Court. Such appeal shall be subject to such conditions and have such effect as may be provided by any Ordinance or Rules of Court. (4 of 1876, s. 41.) 49. Whenever any punishment as for a Contempt of Court shall transmitted to be imposed by a District Commissioner, a Minute shall be made Commissioner and kept by him recording the facts of the offence and the extent punishes for of the punishment, and a copy of such Minute shall be forthwith contempt. Courts to and refer ences are to be made. transmitted by such Commissioner to the Chief Justice, and the Chief Justice may without hearing any argument vary or set aside the Commissioner's order. (4 of 1876, s. 42, amended.) 50. Every reference to the Court by, or appeal from, a District which appeals Commissioner, shall be to the Divisional Court exercising jurisdiction in the Province wherein the District of such Commissioner is situated, and if there are more such Courts than one, then to the Court having its most usual place of sitting nearest to the station in such District where such Commissioner is resident. (4 of 1876, s. 43.) Transmission of proceedings. Report of 51. Whenever any cause or matter is removed from a District Commissioner to the Court, the Commissioner shall transmit to the proper Officer of the Supreme Court the process and proceedings therein, and a copy of all entries in the books of the Commissioner relative thereto, and such other documents as the Court directs. (4 of 1876, s. 44.) 51A. Every District Commissioner shall furnish to the Chief cases to Chief Justice a report of any case Civil or Criminal brought before him Justice, at such time and in such form as the Chief Justice may direct. Chief Justice. 52. At the expiration of every calendar month every District Monthly lists Commissioner shall forward to the Chief Justice, or, by direction to be sent to of the Chief Justice, to the Judge exercising jurisdiction in the Province wherein the District is situated, on such Form as the Chief Justice may, from time to time, direct, a complete list of all criminal cases which shall have been decided by the District Commissioner during such month, setting out the name of the defendant, the offence with which he was charged, and if convicted, the date of such conviction, and the sentence or order in full: Provided always, that it shall be lawful for the Chief Justice, in the exercise of his discretion, to direct that any District Commissioner shall furnish such lists at periods of less than one calendar month. (7 of 1884, s. 1, amended.) 53. Every list transmitted as aforesaid shall operate as an Lists to appeal on behalf of every convicted person whose name is included operate as therein; and it shall be lawful for the Chief Justice or Judge, appeals. without hearing any argument, to reverse, or amend any judgment which shall have been given contrary to law; or to set it aside and order an entry to be made in the Minutes of the District Commissioner's Court that, in his judgment, the person convicted ought not to have been convicted; or to order further particulars to be given by the District Commissioner, and pending the delivery of such particulars, to order any person who shall have been convicted and imprisoned, to be liberated on bail or on his own recognizances, or make such other order as justice may require; and to give all necessary and proper consequential directions: Provided always, that where a person convicted shall have applied for a special case, or where the District Commissioner shall have reserved any point of law for the consideration of a Divisional Court, and shall have stated a case thereon pursuant to the provisions of the Criminal Procedure Ordinance, the Chief Justice or Judge shall not exercise the powers, by this Section, conferred upon him, but the case shall be determined by the Divisional Court for whose opinion such case shall have been stated. (7 of 1884, s. 2, amended.) ment of a 54. It shall be lawful for the Chief Justice or Judge, instead of Power to deciding upon any case included in the lists, to order a District order stateCommissioner to state a case for the consideration of the Divisional special case to Court of the Province in which the District of such Commissioner Divisional is situate, and thereupon the Divisional Court shall have power to Court. 55. Pending the decision of a Divisional Court upon a case ordered to be stated for its opinion under the provisions of the last preceding section hereof, it shall be lawful for the Chief Justice or Judge to order a person who shall have been convicted and Liberation of prisoner on bail or recognizances. |