Login

act 011 of 1864 : Native Law Officers Act, 1864 [Repealed]

Native Law Officers Act, 1864 [Repealed]

ACTNO. 11 OF 1864
03 June, 1865
Repealed by Act 8 of 1868
Passed by the Governor-General of India in Council.

(Received the assent of the Governor-General on the 18th March 1864.)

An Act to repeal the Laws relating to the offices of Hindoo and Mahomedan Law Officers, and to the offices of Cazee-ool-Cozaat and of Cazee; and to abolish the former offices.

PREAMBLE

Whereas it is unnecessary to continue the offices of Hindoo and Mahomedan law officers, and is inexpedient that the appointment of Cazee-ool-Cozaat, or of City, Town or Per-gunnah Cazees should be made by Government; It is enacted as follows:

Section 1. Regulations and Acts repealed

The Regulations and Acts and parts of Regulations and Acts set forth in the Schedule annexed to this Act are hereby repealed, except so far as they repeal any other Regulation or Act or part of any other Regulation or Act.

Section 2. This Act not to affect the performance of ceremonies, &c., by Cazees

Nothing contained in this Act shall be construed so as to prevent a Cazee-ool-Cozaat or other Cazee from performing, when required to do so, any duties or ceremonies prescribed by the Mahomedan Law.

SCHEDULE

Regulations and Acts and parts of Regulations and acts Repealed.

Number and date of Regulations

What Code

Title

Extent of Repeal

Regulation IV. 1793

Bengal Code

For receiving, trying, and deciding suits or complaints, declared cognizable in the Courts of Adawlut established in the several Zillahs, and in the Cities of Patna, Dacca, and Moorshedabad.

So much of Section XV as declares that, in the respective cases mentioned in the said Section, the Mahomedan and Hindoo Law Officers of the Court are to attend to expound the law.

Regulation XII. 1793

Bengal Code

For the appointment of the Hindoo and Mahomedan Law Officers of the Civil and Criminal Courts of Judicature

The whole.

Regulation XXXIX. 1793

Bengal Code

For the appointment of the Cazee-ool-Cozaat or Head Cazee of Bengal, Behar, and Orissa, and the Cazees stationed in the several districts, and prescribing their respective duties

The whole.

Regulation VIII. 1795

Bengal Code

For extending to the Province of Benares, with alterations and modifications, Regulation IV. 1793, entitled A Regulation for receiving, trying, and deciding suits or complaints declared cognizable in the Courts of Dewanny Adawlut established in the several Zillahs and in the Cities of Patna Dacca, and Moorshedabad and for exempting the Rajah of Benares anc the Baboos of his family, and certain Bankers, when defendants, from giving the security required from other defendants

So much of Section III as declares that, in the respective cases mentioned in the said Section, the Mahomedan and Hindoo Law Officers of the Courts are to attend and expound the law.

Regulation XI. 1795

Bengal Code.

For extending, with modifications, to the Province of Benares, Regulation XII. 1793, entitled a Regulation for the appointment ff of the Hindoo and Mahomedan Law Officers of the Civil and Criminal Courts a of Judicature and for appointing a Pundit or Pundits to the Provincial Court of Circuit for the Division of Benares, to expound the Hindoo Law in certain cases cognizable by that Court

The whole.

Regulation XLIX. 1795

Bengal Code.

For appointing the Head Cazee of the Provinces of Bengal, Behar, and Orissa, Head Cazee of the Province of Benares, and for extending to that Province the Rules contained in Regulation XXXIX. 1793, regarding the Cazees stationed in the Cities, Towns, and other places in the three first mentioned Provinces

The whole.

Regulation II. 1798

Bengal Code.

For authorizing a Review of Causes decided by the Civil Courts in certain cases; and for explaining parts of Regulations IV, V and VI. 1793

Section IV.

Regulation III. 1803

Bengal Code.

For receiving, trying, and deciding suits or complaints, declared cognizable in the Courts of Adawlut established in the several Zillahs in the Provinces ceded by the Nawaub Vizier to the Honorable the English East India Company

So much of Clause First, Section XVI, as declares that the Mahomedan and Hindoo Law Officers of the Courts shall attend to expound the law of their respective persuasions in cases in which recourse may be required to be had to it; and that the Judge of the Zillah Court may further refer cases for the opinion of the Law Officers of the Superior Courts.

Regulation XI. 1803

Bengal Code

For the appointment of the Hindoo and Mahomedan Law Officers of the Civil and Criminal Courts of Judicature, in the Provinces ceded by the Nawab Vizier to the Honorable the English East India Company

The whole.

Regulation XLVI. 1803

Bengal Code

For the appointment of the Cazee-ool-Cozaat, or Head Cazee of the Provinces of Bengal, Behar, Orissa, and Benares, to he the Head Cazee of the Provinces ceded by the Nawaub Vizier to the Honorable the English East India Company

The whole.

Regulation X. 1806

Bengal Code

For extending to the Judicial Department such parts of Regulation VIII. 1806, as are applicable to charges or information against the European public officers employed in that Department, and for making further provision in such cases

So much of Section X as relates to charges of corruption and extortion against the Hindoo and Mahomedan Law Officers.

Regulation VIII. 1809

Bengal Code

For modifying parts of the Rules in force respecting the appointment and removal of the Native Officers of Government in the Judicial, Revenue, and Commercial Departments

Sections III and IV.

Regulation XVIII. 1817

Bengal Code

To modify the Rules in force which prescribe an oath of office to be taken by certain Native Officers; and to explain and amend other provisions relative to the Native Ministerial Officers and Law Officers of the Civil and Criminal Courts

So much of Sections I, II, III and IV as relates to Law Officers.

Regulation XI. 1826

Bengal Code

For providing a succession of duly qualified Hindoo and Mahomedan Law Officers in the several Courts of Justice; and for enacting an additional Rule for the appointment of Vakeels in the Zillah and City Courts

Section I, II, III and IV.

Regulation III. 1827

Bengal Code

For modifying and amending the Rules in force relative to the Law Officers and Ministerial Native Officers of the Courts of Judicature, who may he guilty of corruption of extortion

So much of Section I, II, III and IV as relates to Law Officers.

Regulation III. 1829

Bengal Code

For abolishing certain official designations amongst the Judges of the Courts of Sudder Dewanny and Nizamut Adawlut, and of the Provincial Courts; for amending the Rules at present in force, which require the Judges of the Courts of Sudder Dewanny and Nizamut Adawlut, or other public Officers, to take the prescribed oaths of office before the Governor-General in Council; for providing for the decision of Civil suits and appeals in the Provincial Courts, in certain cases; for amending Regulation VIII. 1825, and for discontinuing the offices of Hindoo and Mahomedan Law Officer in the Provincial Courts

Section VII.

Regulation XI. 1802

Madras Code

For the appointment of the Hindoo and Mahomedan Law Officers of the Civil and Criminal Courts of Judicature

The whole.

Regulation III. 1808

Madras Code

For the appointment of the Cazee-ool-Cozaat of the Provinces subject to the Presidency of Fort Saint George

The whole.

Regulation VII. 1822

Madras Code

For rescinding Regulation I of 1809, and Regulation V of 1811, and for declaring that the appointment and removal of the Native public servants of Government shall be regulated by such orders as the Governor in Council may from time to time see fit to issue

Section III Clause 2.

Regulation III. 1828

Madras Code

For improving the means of procuring for the Courts of Judicature correct expositions of the Hindoo and Mahomedan Law

The whole.

Regulation II. 1827

Bombay Code

For defining the constitution of Courts of Civil Justice, and the powers and duties of the Judges and Officers thereof

Clauses 2 and 3 Section XXXIV, and Section XXXV.

Regulation XXVI. 1827

Bombay Code

For the appointment and removal of Cazecs, and for ensuring an efficient and regular discharge of their duties

The whole.

Number and date of Acts.

Title.

Extent of Repeal

Act XXVII. 1836

For the repeal of Regulation V 1817 of the Code

The whole.

Act VII. 1843

For abolishing the Provincial Courts of Appeal and Circuit in the Presidency of Fort St. George, and for establishing new Zillah Courts to perform then functions; for establishing Courts constituted according to Regulations I and II, and Regulations VII and VIII of 1827, in place of the existing Civil and Criminal Zillah Courts, and for extending the Civil Jurisdiction of such Courts

Section LI.

Act V 1845

Concerning the examination and appointment of Hindoo and Mahomedan Law Officers

The whole.