Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

802

ACT IX.

[A.D. 1850.

Judges of the court.

Judge not to prac.
tise nor trade.

Removal of judge.

Judges of Supreme
Court may act under

Who to act as clerk
and bailiffs under judge
of Supreme Court.

Powers and remu-
neration.

Clerk to each court.

Additional clerks.

Duties of clerk.

any case of doubt as to tbe proper manner of continuing, executing,
or enforcing any such proceedings, to make such orders thereon as
si)ah appear to the court to be necessary for giving full effect to this
enactment.
VIIJ. The Governor in Council shall appoint as many persons as are
necessary, not exceeding three, to be judges of the court, one of whom
shall be a barrister-at-law, or advocate of one of the Supreme Courts of
India, or of the Court of Session in Scotland.
IX. No judge appointed under this Act shall, during his continuance
as such judge, practise as an advocate, attorney, or vakeel, in any of the
Queen's courts, or in any court of the East-India Company, or trade or
traffic for his own benefit, or for the benefit of any other person, or be the
partner of any person so practising, trading, or trafficking.
X. The Governor-General of India in Council may remove any such
judge on the application of the Governor in Council.
XI. Any judge or judges of the Supreme Court of Judicature, who
shall consent to aid in the execution of this Act, may exercise all the
powers of a judge appointed under this Act, and suits may be tried by him
sitting in the Supreme Court under this Act, in like manner as if he were
a judge.of the Court of Small Causes; and no appointment of a judge
under this Act shall be made while it appears to the Governor in Council
that the whole business of the court can be transacted by the judges of
the Supreme Court so consenting to act.
XII. The duties herein directed to be performed by the clerk and
bailiffs respectively of the Court of Small Causes shall be performed in
such cases as are tried by a judge of the Supreme Court, by such minis-
terial officers of the Supreme Court as shall be from time to time
appointed by the said judge of the Supreme Court for that purpose; and
the persons so appointed shall have all the powers and protections by this
Act given to the clerk and bailiffs of the Court of Small Causes respec-
tively, and shall receive such remuneration for their services out of the
fees received in the causes tried by a judge of the Supreme Court as he
shall deem reasonable, and the residue shall form part of the general fund
of the Court of Small Causes.
XIII. There shall be a clerk for every court holden under this Act,
whom the judges of the court shall appoint, subject to the approval of the
Governor in Council, and may remove, subject to the like approval: if
necessary, additional clerks may be appointed with the sanction of the
Governor in Council.
XIV. The clerk of each court, shall issue all summonses, warrants, pre-
cepts, and writs of execution, and keep an account of all proceedings of
the court, and shall take charge of, and keep an account of, all court fees,
and fines payable or paid into court, and of all moneys paid into and out of
court, and shall enter an account of all such fees, fines, and moneys, in a