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Contents

Long Title

Part I PRELIMINARY

Part II CONSTITUTION

Part III APPOINTMENTS, POWERS AND DUTIES

Part IV JURISDICTION

Civil Jurisdiction of District Courts

Criminal Jurisdiction of District Courts

Jurisdiction of Magistrates’ Courts

Transfers of Civil Proceedings

Jurisdiction of Juvenile Courts

Part V ADMINISTRATION

Part VI SUPPLEMENTAL

THE SCHEDULE Forms of Oaths and Affirmations

Legislative History

Comparative Table

 
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On 25/05/2013, you requested for the version in force on 25/05/2013 incorporating all amendments published on or before 25/05/2013. The closest version currently available is that of 02/01/2011.
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PART III
APPOINTMENTS, POWERS AND DUTIES
Appointments and qualifications of District Judges
9.
—(1)  A District Court shall be presided over by a District Judge appointed by the President on the recommendation of the Chief Justice.
(2)  For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Chief District Judge who shall have seniority over all other District Judges.
(3)  No person shall be appointed to be or to act as a District Judge unless he has been for not less than 5 years a qualified person as defined in section 2 of the Legal Profession Act (Cap. 161).
(4)  Any person appointed to be or to act as a District Judge shall, although the period of his appointment has expired or his appointment has been revoked, sit as a District Judge for the purpose of giving judgment or otherwise in relation to any case heard by him.
(5)  Every person appointed to be or to act as a District Judge shall be ex officio a Magistrate.
Appointments and qualifications of Magistrates
10.
—(1)  The President may, on the recommendation of the Chief Justice, appoint any fit and proper person to be a Magistrate .
(2)  No person shall be appointed to be or to act as a Magistrate unless he has been for not less than one year a qualified person as defined in section 2 of the Legal Profession Act.
Justices of the Peace
11.
—(1)  The President may, by warrant under his hand, appoint fit and proper persons to be Justices of the Peace.
(2)  Justices of the Peace shall have and may exercise such powers and perform such duties of a Magistrate as may be conferred on them by any written law.
Appointments and qualifications of registrar and deputy registrars of subordinate courts
12.
—(1)  There shall be appointed by the Chief Justice a registrar and so many deputy registrars as may be necessary for the subordinate courts.
(2)  No person shall be appointed to be or to act as registrar unless he is a qualified person as defined in section 2 of the Legal Profession Act, except that the Chief Justice may, in his discretion, appoint any person who is not a qualified person under that Act.
(3)  The registrar and the deputy registrars shall be ex officio commissioners for oaths.
Powers and duties of deputy registrars
13.  Subject to Rules of Court, all the powers and duties conferred and imposed on the registrar may be exercised by a deputy registrar.
Subordinate court officers
14.  There shall be attached to the subordinate courts such commissioners for oaths, interpreters, clerks, bailiffs, process servers and other officers as, from time to time, may appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the subordinate courts.
Powers and duties of certain subordinate court officers
15.  The bailiffs and process servers shall —
(a)
execute all writs, summonses, warrants, orders, notices and other mandatory processes of the subordinate courts given to them;
(b)
make a return of the same together with the manner of the execution thereof to the court from which the process issued; and
(c)
arrest and receive all such persons and property as are committed to the custody of the subordinate courts.
Solicitor, etc., authorised to act as bailiff
15A.
—(1)  Subject to such directions as may be given by the Chief District Judge, the registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the registrar thinks fit and subject to such terms and conditions as the registrar may determine.
[15/93]
(2)  Section 68(2) shall apply to a solicitor or person authorised under subsection (1) as it applies to an officer of a subordinate court.
[15/93]
Special powers of bailiffs
16.  The bailiffs in executing any writ of seizure and sale or any other writ of execution or of distress may effect an entry into any building, and for that purpose, if necessary, may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry.
Oaths of judicial officers and certain other officers
17.
—(1)  All judicial officers and such other officers of the subordinate courts as may be required by the Chief Justice shall, before exercising the functions of their respective offices, take and subscribe the appropriate oath of office and allegiance set out in the Schedule.
(2)  The oath referred to in subsection (1) may be taken and subscribed before the Chief District Judge or a Judge of the Supreme Court.
(3)  Where the oath is taken before the Chief District Judge, he shall —
(a)
enter in the record of his court that the oath was duly administered and taken before him; and
(b)
transmit a certified copy of the entry to the Registrar of the Supreme Court.
Appointments and revocations to be gazetted
18.  All appointments and revocations made under this Part shall be published in the Gazette.