[Act 12 of 1856] [9th May, 1856] [Repealed
by Act 22 of 2001, Section 2 and Schedule] An Act
to amend the Law respecting the employment of Amins by the Civil Courts in the
Presidency of Fort William Whereas
the law by which the Civil Courts are authorized to employ Amins upon local
investigations is defective, and requires amendment; [2][*
* *] It is enacted as follows. [3][* * *] In each
district, officers to be designated Civil Court Amins shall be appointed for
the purposes of this Act, and shall be remunerated by fixed monthly salaries. [4][The number of Amins to be employed in each district
shall be determined by the State Government.] The [5][District
Judge shall from time to time attach the Civil Court Amins] to the several
Courts of the district according as the state of business may require: Provided
than an Amin attached to any particular Court may, with the sanction of the
Judge, be employed occasionally by any other Court. [6][* * *] [7][* * *] The Civil Court Amins may be employed in any of
the following duties. (i)
in investigating or adjusting accounts in any
suit or other judicial proceeding; (ii)
in making local investigations when the Court
may deem investigation on the spot to be requisite and proper for the purpose
of elucidating the matters in dispute, or of ascertaining the amount of mesne
profits or damages, in any suit or other judicial proceeding; (iii)
in delivering over possession of lands,
houses and other immovable property, in execution of decrees or orders of
Court; (iv)
in the sale of movable property, and of
houses, gardens and other immovable property of the kind described8 in Section
3, Regulation 7, 1825; (v)
in ascertaining the sufficiency of sureties
and the means of persons suing informa pauperis. [Repealed
by Act 10 of 1861.] [Repealed
by Act 10 of 1861.] Whenever
a Civil Court Amin may be employed on any duty connected with a pending suit,
or the execution of a decree, except the sale of property, the Court shall
estimate the time which the duty may be expected to occupy, and shall charge
for the expense of the Amin such fixed rate per diem as may be determined by
the Sadr Court. The
amount shall be paid into Court by the party at whose instance or for whose
benefit the Amin is deputed, and shall be added to the costs of suit. When a
Civil Court Amin shall be employed to sell property, a deduction at the rate of
one anna in the rupee shall be made from the proceeds of the sale. Expenses,
if no sale takes place. If no sale takes place by reason of the claim being
satisfied, or for any other cause, a charge shall be made for the expenses of
the Amin according to the time he may be employed. A
deposit to meet this charge, calculated in the manner prescribed in the
preceding section, shall be made before the Amin is deputed, and shall be
returned to the depositor if the sale takes place. All
sums paid for the employment of Amins, and all sums deducted from the proceeds
of sales, shall be credited to [8][the
revenues of the States]. Nothing
contained in this Act shall be held to prohibit the Civil Courts in the
North-Western Provinces of the Presidency of Fort William from making use of
the agency of the Revenue-Officer in investigations and adjustments of accounts
connected with land paying revenue to Government [9][*
* *]. [1] Short title given by
the Amending Act, 1897 (5 of 1897). This
Act was declared, by the Laws Local Extent Act, 1874 (15 of 1874), Section 7,
to be in force in the former North-Western Provinces except the Scheduled
Districts. It
has been declared, by notification under the Scheduled Districts Act, 1874 (14
of 1874), to be in force in the Scheduled portion of the Mirzapur District and
in Jaunsar Bawar?See Gazette of India, 1879, Part I, pp. 382-383. [2] Certain words were
repealed by Act 12 of 1891. [3] Repealed by the
Repealing Act, 1870 (14 of 1870). Prior to repeal it read as: ?1.
Repeal of Regulations.?Section XVII, Regulation IV. 1793, Section XVIII,
Regulation III. 1803, and Clauses 2 and 3 of Section LI, and Section LII,
Regulation XXXIII. 1814, are repealed.? [4] Substituted by the
A.O. 1937 for the original paragraph. [5] Substituted by the
A.O. 1937 for certain words. [6] Repealed by the
Indian Oaths Act, 1873 (10 of 1873). Prior to repeal it read as: ?4.
Declaration to be made by Civil Court Ameens.?Before entering upon the duties
of their office, the Civil Court Ameens shall subscibe a declaration in the
following form? I.A.
B., appointed to the office of Civil Court Ameen, solemnly declare that, in the
performance of the duties of my office, I will act according to the best of my
abilities and judgment, without partiality, favour, or affection; and that I
will not directly or indirectly receive for my own benefit, or knowingly permit
any other person to receive on my behalf, any money, effects, or property on
account of any duty which I may have to execute, except the authorized
allowances of my office.? [7] The words ?Subject to
such general directions and restrictions as may from time to time be prescribed
by the Sudder Court? were repealed by Act 12 of 1873. [8] Substituted by the
A.O. 1937 for ?Government?. [9] The words ?under such
general directions as may from time to time be prescribed by the Sudder Court?
were repealed by Act 12 of 1873, and the words ?Wherever a Tuhseeldar, a Naib
Tuhseeldar or a Peshkar shall be employed in any such investigation or
adjustment under the orders of a Civil Court he shall possess all the powers
vested in Civil Court Amins by Section 7 of this Act; and the provisions of the
said section shall be applicable to the proceedings held by such officer? with
which the section concluded were repealed by Act 12 of 1891.[Civil Courts Amins
Act, 1856][1]