Native Law Officers
Act, 1864 [Repealed]
[Act 11 of 1864]
[18th March, 1864]
Repealed by Act 8 of 1868
Passed by the Governor-General of India in
Council.
(Received the assent of the Governor-General on the 18th March
1864.)
An Act to repeal the Laws relating to the offices of Hindoo and Mahomedan
Law Officers, and to the offices of Cazee-ool-Cozaat and of Cazee; and to
abolish the former offices.
PREAMBLE
Whereas it is unnecessary to continue the offices of Hindoo and Mahomedan law
officers, and is inexpedient that the appointment of Cazee-ool-Cozaat, or of
City, Town or Per-gunnah Cazees should be made by Government; It is enacted as
follows:?
Section - 1. Regulations and Acts repealed.
The Regulations and Acts and parts of Regulations and Acts set forth in the
Schedule annexed to this Act are hereby repealed, except so far as they repeal
any other Regulation or Act or part of any other Regulation or Act.
Section - 2. This Act not to affect the performance of ceremonies, &c., by Cazees.
Nothing contained in this Act shall be construed so as to prevent a
Cazee-ool-Cozaat or other Cazee from performing, when required to do so, any
duties or ceremonies prescribed by the Mahomedan Law.
SCHEDULE
Regulations and Acts and parts of Regulations and acts Repealed.
|
Number
and date of Regulations
|
What
Code
|
Title
|
Extent
of Repeal
|
|
Regulation
IV. 1793?
|
Bengal
Code
|
For
receiving, trying, and deciding suits or complaints, declared cognizable in
the Courts of Adawlut established in the several Zillahs, and in the Cities
of Patna, Dacca, and Moorshedabad.
|

|
So much
of Section XV as declares that, in the respective cases mentioned in the said
Section, the Mahomedan and Hindoo Law Officers of the Court are to attend to
expound the law.
|
|
Regulation
XII. 1793
|
Bengal
Code
|
For the
appointment of the Hindoo and Mahomedan Law Officers of the Civil and
Criminal Courts of Judicature ?
|

|
The
whole.
|
|
Regulation
XXXIX. 1793 ?
|
Bengal
Code
|
For the
appointment of the Cazee-ool-Cozaat or Head Cazee of Bengal, Behar, and
Orissa, and the Cazees stationed in the several districts, and prescribing
their respective duties ?
|

|
The
whole.
|
|
Regulation
VIII. 1795
|
Bengal
Code
|
For
extending to the Province of Benares, with alterations and modifications,
Regulation IV. 1793, entitled ?A Regulation for receiving, trying, and
deciding suits or complaints declared cognizable in the Courts of Dewanny
Adawlut established in the several Zillahs and in the Cities of Patna Dacca,
and Moorshedabad? and for exempting the Rajah of Benares anc the Baboos of
his family, and certain Bankers, when defendants, from giving the security
required from other defendants ?
|

|
So much
of Section III as declares that, in the respective cases mentioned in the
said Section, the Mahomedan and Hindoo Law Officers of the Courts are to
attend and expound the law.
|
|
Regulation
XI. 1795?
|
Bengal
Code.
|
For
extending, with modifications, to the Province of Benares, Regulation XII.
1793, entitled ?a Regulation for the appointment ff of the Hindoo and
Mahomedan Law Officers of the Civil and Criminal Courts a of Judicature? and
for appointing a Pundit or Pundits to the Provincial Court of Circuit for the
Division of Benares, to expound the Hindoo Law in certain cases cognizable by
that Court ?
|

|
The
whole.
|
|
Regulation
XLIX. 1795
|
Bengal
Code.
|
For
appointing the Head Cazee of the Provinces of Bengal, Behar, and Orissa, Head
Cazee of the Province of Benares, and for extending to that Province the
Rules contained in Regulation XXXIX. 1793, regarding the Cazees stationed in
the Cities, Towns, and other places in the three first mentioned Provinces ?
|

|
The
whole.
|
|
Regulation
II. 1798 ?
|
Bengal
Code.
|
For
authorizing a Review of Causes decided by the Civil Courts in certain cases;
and for explaining parts of Regulations IV, V and VI. 1793 ?
|

|
Section
IV.
|
|
Regulation
III. 1803?
|
Bengal
Code.
|
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 Nawaub Vizier to the Honorable the English East India Company ?
|

|
So much
of Clause First, Section XVI, as declares that the Mahomedan and Hindoo Law
Officers of the Courts shall attend to expound the law of their respective
persuasions in cases in which recourse may be required to be had to it; and
that the Judge of the Zillah Court may further refer cases for the opinion of
the Law Officers of the Superior Courts.
|
|
Regulation
XI. 1803?
|
Bengal
Code
|
For the
appointment of the Hindoo and Mahomedan Law Officers of the Civil and
Criminal Courts of Judicature, in the Provinces ceded by the Nawab Vizier to
the Honorable the English East India Company ?
|

|
The
whole.
|
|
Regulation
XLVI. 1803
|
Bengal
Code
|
For the
appointment of the Cazee-ool-Cozaat, or Head Cazee of the Provinces of
Bengal, Behar, Orissa, and Benares, to he the Head Cazee of the Provinces
ceded by the Nawaub Vizier to the Honorable the English East India Company ?
|

|
The
whole.
|
|
Regulation
X. 1806
|
Bengal
Code
|
For
extending to the Judicial Department such parts of Regulation VIII. 1806, as
are applicable to charges or information against the European public officers
employed in that Department, and for making further provision in such cases ?
|

|
So much
of Section X as relates to charges of corruption and extortion against the
Hindoo and Mahomedan Law Officers.
|
|
Regulation
VIII. 1809
|
Bengal
Code
|
For
modifying parts of the Rules in force respecting the appointment and removal
of the Native Officers of Government in the Judicial, Revenue, and Commercial
Departments ?
|

|
Sections
III and IV.
|
|
Regulation
XVIII. 1817
|
Bengal
Code
|
To
modify the Rules in force which prescribe an oath of office to be taken by
certain Native Officers; and to explain and amend other provisions relative
to the Native Ministerial Officers and Law Officers of the Civil and Criminal
Courts ?
|

|
So much
of Sections I, II, III and IV as relates to Law Officers.
|
|
Regulation
XI. 1826
|
Bengal
Code
|
For
providing a succession of duly qualified Hindoo and Mahomedan Law Officers in
the several Courts of Justice; and for enacting an additional Rule for the
appointment of Vakeels in the Zillah and City Courts ?
|

|
Section
I, II, III and IV.
|
|
Regulation
III. 1827 ?
|
Bengal
Code
|
For
modifying and amending the Rules in force relative to the Law Officers and
Ministerial Native Officers of the Courts of Judicature, who may he guilty of
corruption of extortion ?
|

|
So much
of Section I, II, III and IV as relates to Law Officers.
|
|
Regulation
III. 1829 ?
|
Bengal
Code
|
For
abolishing certain official designations amongst the Judges of the Courts of
Sudder Dewanny and Nizamut Adawlut, and of the Provincial Courts; for
amending the Rules at present in force, which require the Judges of the
Courts of Sudder Dewanny and Nizamut Adawlut, or other public Officers, to
take the prescribed oaths of office before the Governor-General in Council;
for providing for the decision of Civil suits and appeals in the Provincial
Courts, in certain cases; for amending Regulation VIII. 1825, and for
discontinuing the offices of Hindoo and Mahomedan Law Officer in the
Provincial Courts ?
|

|
Section
VII.
|
|
Regulation
XI. 1802?
|
Madras
Code
|
For the
appointment of the Hindoo and Mahomedan Law Officers of the Civil and
Criminal Courts of Judicature ?
|

|
The
whole.
|
|
Regulation
III. 1808?
|
Madras
Code
|
For the
appointment of the Cazee-ool-Cozaat of the Provinces subject to the
Presidency of Fort Saint George ?
|

|
The
whole.
|
|
Regulation
VII. 1822?
|
Madras
Code
|
For
rescinding Regulation I of 1809, and Regulation V of 1811, and for declaring
that the appointment and removal of the Native public servants of Government
shall be regulated by such orders as the Governor in Council may from time to
time see fit to issue ?
|

|
Section
III Clause 2.
|
|
Regulation
III. 1828?
|
Madras
Code
|
For
improving the means of procuring for the Courts of Judicature correct expositions
of the Hindoo and Mahomedan Law ?
|

|
The
whole.
|
|
Regulation
II. 1827?
|
Bombay
Code
|
For
defining the constitution of Courts of Civil Justice, and the powers and
duties of the Judges and Officers thereof ?
|

|
Clauses
2 and 3 Section XXXIV, and Section XXXV.
|
|
Regulation
XXVI. 1827
|
Bombay
Code
|
For the
appointment and removal of Cazecs, and for ensuring an efficient and regular
discharge of their duties ?
|

|
The
whole.
|
|
Number
and date of Acts.
|
Title.
|
|
Extent
of Repeal
|
|
Act
XXVII. 1836 ?
|
For the
repeal of Regulation V 1817 of the Code ?
|

|
The
whole.
|
|
Act
VII. 1843 ?
|
For
abolishing the Provincial Courts of Appeal and Circuit in the Presidency of
Fort St. George, and for establishing new Zillah Courts to perform then
functions; for establishing Courts constituted according to Regulations I and
II, and Regulations VII and VIII of 1827, in place of the existing Civil and
Criminal Zillah Courts, and for extending the Civil Jurisdiction of such
Courts ?
|

|
Section
LI.
|
|
Act V
1845?
|
Concerning
the examination and appointment of Hindoo and Mahomedan Law Officers ?
|

|
The
whole.
|