1 1878,
2 X of 1882,
3 ALV of 15°92,
4 134 [Parr VIT.
5 CHAPTER L-JAM MU AND KASIIMIR, APPLNDIX A continued.
6 werent
7 Notifications providing for the administration of Civil and Criminal Justice — contd.
8 And any pare convicted on a trial held by such officer may uppeal to the Commissioner of the
9 Rawalpinds Division, and, if such person be an European British subject, he may appeal either to
10 the said Commissioner or to the Chief Court of the Panjab.
11 XI.—The appellant shall in every ease give notice of the appeal to the said British Officer in
12 Kashmir, who shal, if necessary, instruct the officer empowered to prosecute the case.
13 The Mixed Court.
14 XII to XV. Omitted, the mized Court having been abolished (Foreign Department letter
15 No. 658-E.., dated 8th April, 1891.)
16 (See Gazette of India, 1873, Pt. I, p. 257.)
17 No. 932-F.., dated the 8th May, 1891.—In exercise of the powers conferred by section 6 of the
18 Foreign Juriediction and Extradition Act, 1879, the Governor Gencral in Council is pleased—
19 (a) to appoint every officer for the time being holding the office of Resident in Kashmir or
20 of Assistant to the Resident in Kashmir, being an European British subject, to bea
21 Justice of the Peace within the territories of His Highness the Mahdrdjd of Jammu
22 and Kashmir, and ;
23 (4) to direct that Justices of the Peace within the said territories shail commit for tial to
24 the Chief Court of the Punjab.
25 (See Gazette of India, 1891, Pt. I, p. 235.)
26 No. 983-E., dated the 8th May, 1891.—Whereas the Governor General in Council has in certain
27 casen jurisdiction within the territories of His Highness the Mahgrja of Jammu and Kashmir ;—
28 In exercise of this jurisdiction, and of the pores conierred by sections 4 and 6 of the Foreign
29 Jurindiction and Extradition Act, 1879, and of all other powers enabling him in this behalf, the
30 Governor General in Council is pleased to issue the following orders with respect to such cases :—
31 PART I,
32 CriIMINAL JUSTICE.
33 For the cpa pe of the exercise within the said territories of criminal jurisdiction in such
34 casos as aforesaid :—
35 (1) Every Aasistant to the Resident in Kashmir for the time being may exercise the powers
36 of a District Magistrate and of a Court of Session as described in the Code of Criminal Procedure,
37 1883.
38 (2) The Resident in Kashmir for the time being shall exercise the powers of oa Court of
39 Session and High Court as described in the said Code in respect of all offences over which magis-
40 terial jurisdiction is exercised by any of his Assistants: provided that no such Assistant shall
41 commit any accused person for trial to the Resident acting as a Court of Session.
42 8) The Resident in Kashmir for the time being shall exercise the powers of a High Court as
43 desciibed in the said Code in respect of all offences over which the jurisdiction of a Court of Session
44 is exercised by any such Assistant, except that, in cases in which the raid Code requires the sen-
45 tence of a Court of Session to be confirmed by the High Court, the sentence ale referred for
46 confirmation to the Governor General in Council instead of to the Resident.
47 (4) In the exercise of the jurisdiction of a Court of Session conferred on him by these orders,
48 an Assistant may take cognizance of any offence asa Court of original criminal jurisdiction
49 without the accused person being committed to him by’a Magistrate, and shall, when so taking
50 cognizance of any offence, follow the procedure laid down by the Code of Criminal Procedure, 1882,
51 for the trial of warrant-cases by Magistiates.
52 (6) A trial before an Assistant in the exercise of the jurisdiction of a Court of Session con-
53 ferred on him by these orders may be without jury or aid of assessors.
54 (8) Thia Part of these ordera applies to all proceedings except—
55 (a) proceedings against European British subjects or British subjects jointly charged with
56 European British subjects; and
57 (b) proceedings pending at the date of this notification, which should be carried on as if this
58 notification had not been issued.
59 PART II,
60 Crvib Justice.
61 For the purposes of the exercisé within the said territories of civil jurisdiction in such cases
62 as aforesaid :—
63 (1) Every Assistant to the Resident in Kashmir for the time being may exerciae the powers of
64 a District Court, as deroribed in the Code of Civil Procedure, with jurisdiction in all original suits,
65 whatever be the araount or value of the subject-matter, and in all other proceedings in which
66 jurisdictionsis conferred on the District Court by the law tor the time being in force.