CIVIL COURTS AMINS ACT, 1856

Preamble - THE CIVIL COURTS AMINS ACT, 1856

THE CIVIL COURTS AMINS ACT, 1856[1]

[Act No. 12 of 1856]

[09th May, 1856]

PREAMBLE

An Act to amend the Law respecting the employment of Amins by the Civil Courts in the Presidency or Fort William

Whereas the law by which the Civil Courts are authorized to employ Amins upon local investigations is defective, and requires amendment; It is enacted as follows :

 

Section 1 - Section 1

[Repeal of Regulations] Repealed by Act XIV of 1870

Section 2 - Appointment of Amins

In each district, officers to be designate Civil Court Amins shall be appointed for the purposes of this Act, and shall be remunerate by fixed monthly salaries.

The numbers of Amins to be employed in each district shall be determined by the State Government.

 

Section 3 - Amins by whom appointed and to what courts attached

The 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 that Amins attached to any particular court may, with the sanction of the Judge, be employe occasionally by any other court.

 

Section 4 - Section 4

[Declaration to be made by Civil Court Amins.]Repealed by Act X of 1873.

 

Section 5 - Duties of Amins

The Civil Court Amins may be employed in any of the following duties--

(i)       in investigation 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 matter 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 described in section 3, Regulation VII, 1825 ;

 

(v)      in ascertaining the sufficiency of sureties and the means of persons suing in forma pauperis.

 

Section 6 to 7 - Section 6 to 7

[Procedure in referring accounts a Civil Court Amins, procedure in cases of local enquiry.] Repealed by Act X of 1861.

 

Section 8 - Expense of Amins how charged

Whenever a Civil Court Amins may be employed on any duty connected with a pending suit, or of execution of a decree, except the sale of property, the Court shall estimate the time which the duty may be excepted to occupy, and shall charge for the expense of the Amin such fixed rate per diem as may be determined by the Sadar 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.

 

Section 9 - When employsed to sell property, deduction form proceeds

When a Civil Courts Amin shall be employed to sell property, a deduction at the rate of [2] [Six Paise] 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 or sales, shall be credited to [3] [ the revenues of the [4] [State].

 

Section 10 - Power of Civil Courts, North-Western Provinces to employ Revenue Officers

Nothing contained in this Act shall be held to prohibit the Civil Courts in he Northwestern 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.