Madras Civil Courts Act, 1873
No: 3 Dated: Jan, 21 1873
THE MADRAS CIVIL COURTS‟ ACT, 1873
ACT NO. 3 OF 1873
An Act to consolidate and amend the law relating to the Civil Courts of the Madras Presidency subordinate to the High Court.
Preamble. — WHEREAS it is expedient to consolidate and amend the law relating to the Civil Courts of the Madras Presidency subordinate to the High Court;
It is hereby enacted as follows :—
PART I
PRELIMINARY
1. Short title. — This Act may be called “The Madras Civil Courts Act, 1873”:
Local extent. — It extends to all the territories for the time being under the government of the Governor of Fort. St. George in Council, except the Tracts respectively under the jurisdiction of the Agents for Ganjam and Vizagapatam;
Commencement. — And it shall come into force on the first day of March, 1873.
2. [Repeal of enactments]. — Rep. by the Repealing Act, 1873 (12 of 1873), s. 2 and the Schedule.
PART II
ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS.
3. Number of District Courts. — The number of District (heretofore designated Zila) Courts to be established or continued under this Act, shall be fixed, and may from time to time be altered, by the Local Government :
Provided that no increase to the number of such Courts shall be made by such Government without the previous sanction of the Governor General in Council.
4. Number of Subordinate Judges and District Munsifs. — The number of Subordinate Judges and District Munsifs to be appointed under this Act for each District, shall be fixed, and may from time to time be altered, by the Local Government :
Provided that no addition to the number of such officers shall be made by such Government without the previous sanction of the Governor General in Council.
5. Court’s locality. —The place at which any Court under this Act shall be held may be fixed, and may, from time to time, be altered, in the case of a District Court or a Subordinate Judge‟s Court, by the Local Government, in the case of a District Munsif‟s Court, by the High Court.
The places fixed for any Court under this section shall be deemed to be within the local jurisdiction of that Court.
6. Appointment to vacancy in office of District Judge or Subordinate Judge. — Whenever the office of the Judge of a District Court (hereinafter called a „District Judge‟) or of a Subordinate Judge under this Act is vacant, or whenever the Governor General in Council has sanctioned an addition to the number of District Judges or Subordinate Judges under the provisions of section three or section four, the Local Government shall appoint to the office such duly qualified person as it thinks proper.