Regulation, which also contains the law relating to land and revenue in that part of the country. These regulations are in substance and in form, though not in name, Acts of the Legislative Council. Much of the law in force in Lower Burma has also been made applicable to Upper Burma, either by special legislation or by notification. The law and practice in Upper Burma are, therefore, to all intents and purposes, the same as in Lower Burma, with, of course, some slight differences.
In 1887 the whole of the province was converted into a Lieutenant-Governorship, that is to say, into a Governorship of a somewhat more independent nature than a Commissionership, which is more of an Agency of the Supreme Government. The new
Lieutenant-Governor was given a Legislative Council, cpnsisting of nine members, excluding the Lieutenant-Governor himself. Five of these were of the official class and four of the non-official class. Of the latter two were Burmese. Under the new regulation the Council was enlarged to eighteen members, seven of whom are of the official, and nine of the non-official class. The remaining two members are experts. The duties of the Council are to make laws for the whole of the province, and chief among the Acts which they have passed are the Burma General Clauses Act, the Burma Municipal Act, the Burma Gambling Act, and the Lower Burma Town and Village Lands Act. The first three of these apply
to the whole of Burma and the last to Lower Burma only.
A greater change than any made before was effected during 1900 in the constitution of the Courts of Lower Burma. A Chief Court was established, possessing original as well as appellate jurisdiction, and nearly all the powers of a Chartered High Court. The original jurisdiction of this Court is confined to the territorial limits of the jurisdiction of the Court of the Recorder of Rangoon, with, of course, extensions since made. Its pecuniary jurisdiction is unlimited, and therefore suits of any value above the pecuniary limits of the jurisdiction of the Rangoon Small Cause Courts, which does not exceed Rs. 2,000, are triable by it. The original side of the Chief Court
is also a District Court within the meaning of the Indian Divorce Act, the Indian Succession Act, the Indian Probate and Administration Act, the Guardians and Wards Act, the Succession Certificate Act, and c. The appellate jurisdiction is the same as that hitherto possessed by the Judicial Commissioner of Lower Burma. The Chief Court is the High Court of Lower Burma, exercising jurisdiction over all the Courts in the province, including the town of Rangoon. But it is the appellate side of the Chief Court which exercises its appellate and revisional jurisdiction over all Courts subordinate to it, including the Small Cause Courts and the Magistratesa Courts in the town of Rangoon. It is given appellate, but
not revisional jurisdiction, also, over its original side ; that is to say, appeals lie from the original to the appellate side, against all decrees and appealable orders, and also against orders passed in insolvency cases, and in cases coming under the Acts above referred to. In suits, the value of which exceeds Rs. 10,000, an appeal lies to his Majesty in Council ; but not in insolvency cases, at least so it has been established by judicial decision.
Besides the Chief Court the following Courts have been established by the Act of
1900, namely (a) the Divisional Court, (6) the District Court, [c) the Sub-divisional Court, and (d) the Township Court. Of the first there are four in Lower Burma, that is one in each civil division. Each civil division consists of two or more civil districts, each district having a District Court. Each civil district is sub-divided into two or more civil sub-divisions, each of which has a Sub-divisional Court, and each civil sub-division has two or more civil townships, each of which have a Township Court. The Township Court has jurisdiction in suits or original proceedings of a value not exceeding Rs. 500; the Sub-divisional Court in similar suits or proceedings of a value not exceeding Rs. 3,000. The District Court has jurisdiction to hear and determine any suit or original proceeding without restriction as regards the value, except proceedings under the Indian Divorce Act of 1869, and it is the Court of District Judge, as defined by clause (15) of section 3 of the General Clauses Act of 1897. The Divisional Court has the same jurisdiction as the District Court in suits or original proceedings ; it has, also, jurisdiction in original proceedings under the Indian Divorce Act of 1869, and is the District Court under that Act for all districts comprised in the civil division. An appeal from a decree or order of a Township Court lies to the District Court; an appeal from a decree or order of a Sub-divisional Court lies to the Divisional Court. An appeal lies to the Chief Court from the District Court in suits of the value of Rs. 5,000 or upwards ; so, also, an appeal lies to, the Chief Court from a Divisional Court, when exercising original jurisdiction. Second appeals from the District Courts and the Divisional Courts lie to the Chief Court of Lower Burma in cases where second appeals are by law allowable. But no second appeal lies where the two lower Courts have given a concurrent finding on questions of fact. In these cases the remedy is either an appeal on question of law, if any, or an application to revise the proceedings of the lower Courts on the
NEW LAW COURTS, RANGOON.NEW LAW COURTS, RANGOON.