1 Burma Native $tates.] 53
2 APPENDIX A,—THE SUAN STATES—comtinued,
3 SO
4 earns -
5 Notification providing for the administration of Criminal Justice as regards certain British
6 subjects in certain Shan States. |
7 No. 8, dated the 5th September, 1889.—Under section 8, sub-section (1), of the Upper Burma
8 Laws Act, XX of 1886, and sections 4 and 6 of the Shan States Act, XV of 1888, the Chief
9 Commissioner of Burma, with the previous sanction of the Gogernor General in Council, is pleased
10 to make the following orders with respect to the administration of criminal justice in the Shan
11 States of Wuntho, Kale, Thaungthut, and Momeik in cases in which an European or American, or
12 a Military Police-officer, or other servant of the Government, or a British subject who is nota
13 native of any Shan State, ix concerned either as complainant or as accused :-—
14 1. So much of Acts XLV of 1860, VI of 1864, XXVII of 1870, V of 1871, XIX of 1872,
15 VIII of 1882, IX of 1882, and X of 1886, as is in force in any part of Upper Burma at the date of
16 these orders, and, subject to the modifications herejnafter appearing, so much of the Code of Cri- x of 1882,
17 minal Procedure, 1882, and of the Upper Burma Criminal Justice Regulation, VII of 1886, as is ro
18 in force and has reference to the judicial functions of Magistrates of the first class and of District
19 Magistrates, either as such, or as Judges of Courts of Session, are hereby extended to the said
20 States.
21 2. Each of those States shall be deemed to be a District and a Sessions Division.
22 3. Ihe Deputy Commissioners for the time being of the districts of Katha, the Upper
23 Chindwin, and the Ruby Mines, shall be District Magistrates, and as such, Judges of Courts of
24 Seasion for the State of Wunthy, for the States of Kale and Thaungthut, and for the State of Mo-
25 meik, :espeotively, and the Sub-divisional Magistrates of Kawlin and Paungbyin, and the Sub-
26 divisional Magistrate of Mingin, and the Assistant Commissioner or Extra Assistant Commissioner
27 at Kalemyo, for the time being shall be Magistrates of the first class; the two firat-named for the
28 States of Wuntho and Thaungthut, respectively, and the two last-named for the State of Kale, with
29 power to try such offences, and pass such sentences as a District Magistrate may be empowered to
30 try and, when so empowered, may pass unger seotions 30 and 34, respectively, of the Code of Cri x of 1882,
31 minal Procedure, 1882. a
32 4. With reference to sections 46 and 47 of the Lower Burma Courts Act, 1889, every European XI! of 1889.
33 British subject, for the time being holding the office of such Deputy Commissioner, Sub-divisional
34 Magistrate, Assietant Commissioner or Extra Assistant Commissioner, is hereby appointed to be a
35 Magistrate of the first class and a Justice of the Peace within the limits over which jurisdiction
36 is conferred on him by clause 3 of this notification. :
37 5. Subject to the provisions of seotion XV of the Schedule to the Upper Burma Criminal
38 Justice Regulation, VII of 1886, an appeal shall lie from a judgment or order of any Sub-divisional
39 Magietrate to the Deputy Commissioner to whom he is subordinate, from a judgment or order of
40 the Assistant Commissioner or Extra Assistant Commissioner at Kalemyo to the Deputy Commis-
41 sioner of the Upper Chindwin District, and from a judgment or order of any Deputy Commissioner
42 to the Commissioner to whom he is subordinate.
43 6. Except in reference to proceedings against European British subjects or persona jointly
44 charged with Kuropean British subjects, the Commissioner of the Northern Division and the
45 Commissioner of the Central Division shall be the highest Courts of Criminal Appeal or Revision
46 for the States of Wuntho and Momeik and for the States of Kale and Thaungthut, respectively,
47 and may discharge in respect of those States any of the functions of a High Court under the
48 Code of Criminal Procedure, 1882, and no sentence of death passed by any Deputy Com- xy of i690,
49 missioner shall be carried into effect until it has been confirmed by the Commissioner to whom he
50 is subordinate.
51 [See Burma Gazette, 1889, Pt. I, p. 384.]
52 Notification providing for the exercise of general control by certain British officers over the
53 administration of Crimeunal Justice in certain Shan States.
54 No. 9, dated the 5th September, 1889.—Under section 4, sub-section (2), clause (a), of the
55 Shan States Act, XV of 1888, the Chief Commissioner of Burma ia pleased to appoint the Deputy
56 Commissioners, for the time being, of the Districts of Katha, the Upper Chindwiv, and the Ruly
57 Mines to exercise a general control over the administration of Criminal Justice within tke Shan
58 States of Wuntho, the Shan States of Kale aud Thaungthut, and the Shan State of Momeik, respect-
59 ively, and under section 4, sub-section (1), clause (b), of the same Aget, with the previous sanction
60 of the Governor General in Council, to make the following orders, namely :—
61 1. In exercise of such control as aforesaid, the Deputy Commissioner, for the time being, of the
62 District of Katha, the Upper Chindwin or the Ruby Mines, may call for the record of any case
63 which is pending before, or bas been disposed of by, the Chiet of the State of Wuntho, the Chief of