'ADEN and its ADMINISTRATION.' [‎8r] (15/24)

15
Cantonment Magistrate. The duties of First Assistant Resident are normally
performed by him when the First Assistant is acting as Resident.
Pay and Allowances.
98. The basic rate of pay is the time-scale pay of the officer in the Indian
Political Department, including appropriate overseas pay. The present incumbent
receives (in the ninth year of his service) Rs. 1,000 per mensem, plus overseas pay
£25 per mensem. In addition, compensatory allowance at the rate of Rs. 100 per
mensem and a conveyance allowance at the rate of Rs. 50 per mensem are admissible.
Leave and Pension.
99. Under the Indian Fundamental Rules and Civil Service Regulations
* respectively.
Incidence.
100. Pay, allowances, Ac., are chargeable wholly to Indian revenues.
Precedence.
101. Article 55 of the Indian Warrant of Precedence.
Uniform.
102. Indian Political uniform, Class III, if basic pay is Rs. 1,250 per mensem or
less ; Class II when above that rate.
Administration of Justice.
(A) In the Settlement.
103. The administration of civil and criminal justice is vested in the Court of the
Resident by Bombay Act II of ISGd, as amended by Act VI of 1927. A Judicial
Assistant was appointed in April 1927. The functions exercised by him and the
details of the reorganisation of the judicial system at Aden which culminated in his
appointment are given in the following paragraphs. The Resident and the Judicial
Assistant hear appeals from the decisions of Assistant Magistrates and Magistrates of
the first class, and have also powers of revision. The First Assistant Resident is a
District Magistrate. The Registrar of the Court, who is generally a first-class
Magistrate, is invested with the powers of a Judge of Small Causes up to the value of
Rs. 500. There are Magisterial Courts at Crater, the Steamer Point and Sheikh
Othman. The Government Agent, Perirn, exercises the powers of a second-class
Magistrate.
Position and Duties of Judicial Assistant.
104. During the years 1925-7 a reorganisation of the judicial system at Aden was
effected under which a Judicial Assistant was appointed in the place of an Assistant
Resident. The Resident retains his powers as Chief Judge to hear appeals in suits
and as Sessions Judge in criminal cases, but is permitted to delegate these powers to
the Judicial Assistant in all cases except those which he considers it desirable
to reserve or transfer to himself for decision. The Court of the Judicial Assistant
is the Court of Appeal and revision in all civil cases tried by the lower Courts, and
the Court of First Instance in all cases in which the subject-matter in dispute is of the
value of Rs. 500 or over. The Judicial Assistant also prepares cases for reference to
the High Court of Bombay. On the criminal side the Judicial Assistant has taken
over the duties of Additional Sessions Judge, previously performed by the First
Assistant Resident, and hears all criminal appeals and applications for revision.
105. The Judicial Assistant advises the Resident on all legal matters affecting
Aden, the Settlement, and the Protectorate, but such assistance can only lie afforded
without prejudice to his judicial capacit} 7 . Subject to the same limitation, his
assistance on legal matters is also available for the Air Officer Commanding
whenever required. He is also the Commissioner for Workmen’s Compensation.
(B) In the Protectorate.
100. The exercise of civil and criminal jurisdiction in the Protectorate has not
been thoroughly formulated or defined. The legal position, generally, is that the
Crown has acquired jurisdiction over British subjects, and in some cases over
Warrant, 9 April
1930.
P.Z. 3640/31.
P. 2696/26. File on
the appointment of
a Judicial Assistant.
P. 713/29. Letter
from Resident to
A.O.C. No. A/7453,
7 Nov. 192S.