1 [THE CIVIL COURTS AMINS ACT, 1856] [Act, No. 12 of 1856] [9th May, 1856] PREAMBLE 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; {Certain words were rep. by Act 12 of 1891.} It is enacted as follows:- ________________________ {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) s.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, Pt.I, pp.382-383.}
View Complete Act List Judgments citing this sectionRep. by the Repealing Act, 1870 (14 of 1870).
View Complete Act List Judgments citing this sectionIn 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. {Substituted by the A.O.1937 for the original paragraph.} [The number of Amins to be employed in each district shall be determined by the State Government.]
View Complete Act List Judgments citing this sectionThe {Substituted by the A.O.1937 for certain words} [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 an Amin attached to any particular Court may, with the sanction of the Judge, be employed occasionally by any other Court.
View Complete Act List Judgments citing this sectionRep. by the Indian Oaths Act, 1873 (10 of 1873).
View Complete Act List Judgments citing this section{The words "Subject to such general directions and restrictions as may from time to time be prescribed by the Sudder Court" were rep.by Act 12 of 1873.} 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 described {That is "orchards, or small portions of lakhiraj land".Ben.Reg.7 of 1825 was repealed by the Repealing Act, 1874 (16 of 1874), but not so as to affect the provisions referred to here, see s.1, para.2, of that Act} in section 3, Regulation 7, 1825: (v) in ascertaining the sufficiency of sureties and the means of persons suing in forma pauperis.
View Complete Act List Judgments citing this sectionRep. by Act 10 of 1861.
View Complete Act List Judgments citing this sectionRep., by Act 10 of 1861.
View Complete Act List Judgments citing this sectionWhenever 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.
View Complete Act List Judgments citing this sectionWhen 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 {Subs.by the A.O.1937 for "Govt."}[the revenues of the States].
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