act 010 of 1861 : Repealing Enactments Relating to Civil Procedure Act, 1861 [Repealed]

Repealing Enactments Relating to Civil Procedure Act, 1861 [Repealed]

ACTNO. 10 OF 1861

04 May, 1863

Repealed by Act 14 of 1870

Passed by the Legislative Council of India.

(Received the assent of the Governor-General on the 29^th April 1861.)

PREAMBLE

An Act to repeal certain Regulations and Acts relating to the Procedure of the Courts of Civil Judicature not established by Royal Charter.

Whereas by Act VIII of 1859 a Code of Procedure is provided for the Courts of Civil Judicature not established by Royal Charter; and whereas it is enacted by Section 387 of the said Act that the Act shall come into operation in the Presidency of Bengal from the 1^st day of July 1859, and in the Presidencies of Madras and Bombay from the 1^st day of January 1860, or from such earlier day as the Local Government in those Presidencies respectively shall fix and shall publicly notify in the Gazette of the Presidency, three months at least before the date so fixed. And it is also enacted by Section 385 of the said Act, that the Act shall not take effect in any part of the territories not subject to the general Regulations of Bengal, Madras, and Bombay, until the same shall be extended thereto by the Governor-General of India in Council or by the Local Government to which such territory is subordinate, and notified in the Gazette; and whereas it is expedient to repeal in the manner hereinafter provided, certain Regulations and Acts and parts of Regulations and Acts relating to the Procedure of the said Courts; It is enacted as follows:

Section 1. Repeal of Laws

In the Presidencies of Bengal, Madras, and Bombay, and in any other part of the British territories in India to which Act VIII of 1859 (for simplifying the Procedure of the Courts of Civil Judicature not established by Royal Charter) has been or shall be extended before the 1^st May 1861, the several Regulations and Acts and parts of Regulations and Acts set forth in the Schedule hereto, except in so far as they repeal the whole or any part of any other Regulation or Act, shall to the extent expressed in the said Schedule be repealed from the said 1^st May 1861, and so far as they relate to any part of the said territories to which the said Act VIII of 1859 has not been extended, then from the time when the said Act shall be extended to such part by a Notification in the Gazette by the Governor General of India in Council, or by the Local Government to which such territory is subordinate.

SCHEDULE OF REGULATIONS AND ACTS REPEALED.

Reference to Regulation or Act.	Title of Regulation or Act.	Extent of repeal.
Act V of 1836	..	The whole Act.
Act XI of 1836
Act XXIV of 1836
Act III of 1837		The whole Act.
Act XXV of 1837		Sections III and IX.
Act XXXV of 1837		The whole Act.
Act VII of 1838		The whole Act.
Act XVII of 1838		The whole Act.
Act XXII of 1838..		The whole Act.
Act XXVII of 1838		The whole Act.
Act III of 1839
Act IX of 1839		The whole Act.
Act XIX of 1840		The whole Act.
Act VII of 1841		The whole Act.
Act XVII of 1841		Section II so far as it relates to the Sudder Dewan actny Adawlut.
Act XXIX of 1841		The whole Act.
Act II of 1843	An Act to regulate the sittings of the Courts of Sudder Dewanny Adawlut.
Act VI of 1843		The whole Act.
Act VII of 1843		Sections X, XI, XIV, Clause 1^st of Section XVII Section XVIII, XIX and XXV.
Act XII of 1843		The whole Act.
Act IX of 1844		The whole Act except Section III.
Act III of 1845		The whole Act.
Act VIII of 1845		The whole Act.
Act XV of 1845		Section I, II, III, IV and V.
Act XVI of 1845		The whole Act.
Act XVII of 1845		The whole Act.
Act IV of 1846		The whole Act.
Act XVII of 1847		The whole Act.
Act III of 1850		The whole Act.
Act VIII of 1850		The whole Act.
Act XV of 1850		The whole Act.
Act XXV of 1850	An Act for the forfeiture to Government of deposits made on incomplete sales of land under Regulation VIII. 1819 and Act IV of 1846.
Act VII of 1851		The whole Act.
Act XXV of 1852	An Act for the execution of decrees made in appeal by Her Majesty in Council, or by the Courts of Sudder Dewanny ??? and of the Zillah and City Judges in the Presidency of Fort ??? in Bengal.
Act XXVI of 1852		The whole Act.
Act XXXIII of 1852.	An Act to facilitate the enforcement of judgments in places beyond the jurisdiction of the Courts pronouncing the same.
Act XV of 1853 ..		The whole Act.
Act XVI of 1853		The whole Act.
Act XIX of 1853	An Act to amend the law of evidence in the Civil Courts of the East India Company in the Bengal Presidency.
Act IX of 1854	An Act relating to Appeals in the Civil Courts of the Last India Company
Act XXXIII of 1854.	An Act to extend the provisions of Act No. XII of 1843.
Act II of 1855..	An Act for the further improvement of the law of evidence.
Act IX of 1855..		The whole Act.
Act X of 1855..		The whole Act, except Sections IX and X.
Act XXXIV of 1855.	An Act to explain and amend Act No. XXXIII of 1852.
Act XII of 1856	BENGAL.	sections VI and VII.
Regulation III. 1793.		Sections VII, VIII, IX, X, XI, XII, XIII, XV, XVI, XVIII, XIX and XX.
Regulation IV. 1793.		Sections I, II, III, IV, V, VI except so much as relates to the administering oaths to parties and witnesses; VII, VIII, X, XI, XII, XIII, XVI, XVIII, XIX, XXI and XXVI.
Regulation V. 1793..		The whole Regulation.
Regulation VI. 1793.	A Regulation for extending and defining the powers and duties of the Court of Sudder Dewanny Adawlut, and prescribing rules for receiving and deciding upon Appeals from the decisions of the Provincial Courts of Appeal .
Regulation XVI. 1793.		The whole Regulation.
Regulation VII. 1795.		Sections VII, IX, X and XI except so far as it extends Section XXI Regulation III. 1793 and Section XII.
Regulation VIII. 1795.		Section II in so far as it extends the provisions of Regulation IV. 1793 which are repealed by this Act.
Regulation IX. 1795.		The whole Regulation.
Regulation X. 1795		Section II in so far as it extends of Regulation VI. 1793 which are repealed by this Act and Section III.
Regulation XV. 1795.		Section II.
Regulation XXXVI. 1795.		The whole Regulation except Section VI.
Regulation LIV. 1795.		The whole Regulation.
Regulation XIII. 1796.		The whole Regulation.
Regulation XII. 1797		The whole Regulation.
Regulation XIX. 1797.		The whole Regulation.
Regulation II. 1798.		Sections V, VI, VII VIII, IX and X.
Regulation V. 1798.		The whole Regulation.
Regulation III. 1800.		The whole Regulation.
Regulation II 1801.		Section VI in so far as it relates to suits or proceedings under Act VIII of 1859.
Regulation III. 1802.		The whole Regulation.
Regulation II. 1803.		Sections IV, V, VI, VII, IX, X, XV, XVI and XX.
Regulation III. 1803.	A Regulation 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 Nabob Vizier to the Honorable the English East India Company .
Regulation IV. 1803.		The whole Regulation.
Regulation V. 1803.		Sections IV, V, VI, VII, X, XI, XII, XIV, XV, XVI, XVIII, XIX, XX, XXI, XXII, XXVIII, XXIX and XXXVII.
Regulation XXI. 1803.		The whole Regulation.
Regulation L. 1803.		Clause 2 of Section II so far as it relates to the Civil Courts.
Regulation II. 1805.		Sections VIII, IX, X, XI, XII and XIV.
Regulation XIV. 1805.	A Regulation for the administration of Justice in Civil cases in the Zillah of Cuttack.
Regulation XV. 1805.		The whole Regulation.
Regulation II. 1806.		The whole Regulation.
Regulation XII. 1806.	A Regulation for annexing the Pergunnahs of Sonk, Sonsa, and Sahar, situated on the right bank of the river Jumna, to the jurisdiction of the Zillah of Agra, and for extending to those Pergunuahs the Laws and Regulations established for the internal government of the ceded and conquered Provinces.
Regulation I. 1807.		The whole Regulation.
Regulation XIII. 1808.		The whole Regulation.
Regulation XIII. 1810.		The whole Regulation.
Regulation IV. 1812.		The whole Regulation.
Regulation VI. 1813.		The whole Regulation.
Regulation II. 1814.		The whole Regulation.
Regulation XXIII. 1814.	A Regulation for reducing into one Regulation, with amendments and modifications, the several rules which have been passed regarding the office of Moonsiffs or Native Commissioners, and of Sudder Ameens or head Commissioners, for modifying and extending their respective powers in the trial and decision of Civil suits, and for authorizing them to discharge certain additional duties under the direction of the Zillah and City Judges.
Regulation XXIV. 1814.		The whole Regulation.
Regulation XXV. 1814.		Sections I to X inclusive.
Regulation XXVI. 1814.		The whole Regulation except Section XIV.
Regulation XXVII. 1814.		Section XXVII.
Regulation XXVIII. 1814.		The whole Regulation.
Regulation II. 1815.		The whole Regulation.
Regulation XV. 1816.		The whole Regulation.
Regulation III. 1817.		The whole Regulation.
Regulation XIX. 1817.		So much as has not been already repealed.
Regulation IX. 1819.		The whole Regulation.
Regulation IX. 1831.	A Regulation for the more speedy and efficient administration of Justice in the Courts of Sudder Dewanny and Nizamut Adawlut
Regulation VII. 1832.	MADRAS.	Sections II, III, VI, VII, X, XII, XIII, XIV, XV, XVI and XVII.
Regulation II. 1802.		Sections III, IV, V VI, VII, VIII, IX, X, XV, XVI, XIX, XX and XXI.
Regulation III. 1802.	A Regulation for receiving, trying, and deciding suits or complaints declared cognizable in the Courts of Adawlut established in the several Zillahs immediately subject to the Presidency of Fort St. George
Regulation IV. 1802.		The whole Regulation except such Part of Section XX as relates to witnesses or parties guilty of wilful or corrupt perjury.
Regulation V. 1802.	A Regulation for constitution a Sudder Adawlut or Chief Court of Civil Judicature for trying Appeals from the decisions for trying Appeals from the decision of the Provincial Courts of Appeal.
Regulation XXI. 1802.		The whole Regulation.
Regulation XXVI. 1802.		In so far as it relates to the execution of decrees of the Civil Courts.
Regulation IV. 1806.		Section VII so for as it relates to the Sudder Adawlut.
Regulation VII. 1809.		The whole Regulation.
Regulation XII. 1809.		The whole Regulation.
Regulation II. 1811.		The whole Regulation.
Regulation VI. 1816.	A Regulation for-reducing into one, Regulation the Rules which have been passed regarding the Office of Native Commissioners, for modifying and extending their powers in the trial and decision of Civil suits, and for authorizing them under the designation of District Moonsiffs to discharge certain additional duties.
Regulation VIII. 1816.		Sections VIII, X and XIV.
Regulation XIV. 1816.		Section XVI and XVII.
Regulation XV. 1816.		The whole Regulation, except so much of Clause 2 of Section VIII as gives Sudder Ameen to a Judge.
Regulation VIII. 1817.		The whole Regulation, except Section IX.
Regulation VII. 1818.		The whole Regulation.
Regulation III. 1822.		The whole Regulation.
Regulation I. 1823.		The whole Regulation.
Regulation II. 1823.		The whole Regulation.
Regulation IV. 1825.		The whole Regulation.
Regulation I. 1827		Section IX in so far as it relates to suits and proceedings under Act VIII of 1859.
Regulation VII. 1827.	A Regulation for constituting the office of Native Judge
Regulation XI. 1827.		The whole Regulation.
Regulation VI. 1828.		The whole Regulation.
Regulation IX. 1828.		Section III in so far as it relates to the Civil Courts.
Reg. VIII. 1831		Section. IV.
Regulation 1. 1832	BOMBAY.	The whole Regulation.
Regulation II. 1827.	A Regulation for defining the constitution of Courts of Civil Justice and the powers and duties of the Judges and Officers thereof
Regulation III. 1827.		Section III.
Regulation IV. 1827.	A Regulation prescribing the forms of proceeding of the Courts of Law in Civil Suits and Appeals, and rules for the trial of the same
Regulation VI. 1827.		The whole Regulation.
Regulation VII. 1827.		The whole Regulation.