ADEN COLONY (AMENDMENT) ORDER, 1947

JurisdictionUK Non-devolved

1947 No. 2778

ADEN

THE ADEN COLONY (AMENDMENT) ORDER, 1947

PRESENT,

The King's Most Excellent Majesty in Council.

26 Geo. 5 & 1 Edw. 8. c. 2.

Whereas by subsections (2) to (4) of section two hundred and eighty-eight of the Government of India Act, 1935, His Majesty in Council was empowered to make provision for the government of Aden, for conferring appellate jurisdiction from courts in Aden upon such court in India as might be specified, and for the cases in which an appeal from the latter court might be brought to His Majesty in Council;

And whereas by the Aden Colony Order, 1936 (a) (hereinafter called the principal Order) provision was accordingly made for the government of the Colony of Aden and for appeals from the Supreme Court of Aden to the High Court of Judicature at Bombay and from the latter court to His Majesty in Council;

10 & 11 Geo. 6. c. 30.

50 & 51 Vict. c. 54.

9 & 10 Geo. 6. c. 7.

And whereas by section sixteen of the Indian Independence Act, 1947, the said subsections (2) to (4) of section two hundred and eighty-eight of the Government of India Act, 1935, were repealed and it was provided that the British Settlements Acts, 1887 and 1945, should apply in relation to Aden as if it were a British Settlement as defined in the last-mentioned Acts, but that notwithstanding the repeal of the said subsections (2) to (4) the Orders in Council in force thereunder should continue in force but might be revoked or amended under the powers of the British Settlements Acts, 1887 and 1945;

And whereas by the Eastern African Court of Appeal (Amendment) (No. 2) Order in Council, 1947 (b), provision is made for appeals from the Supreme Court of Aden to the Court of Appeal for Eastern Africa;

And whereas by the Eastern African (Appeal to Privy Council) Order in Council, 1947 (c), provision is made for appeals from Aden to His Majesty in Council:

Now, therefore, His Majesty, by virtue of the powers in this behalf by the British Settlements Acts, 1887 and 1945, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Aden Colony (Amendment) Order, 1947, and shall be construed as one with the principal Order; and the principal Order, the Aden Colony (Amendment) Order, 1944 (d), and this Order may be cited together as the Aden Colony Orders, 1936 to 1947.

(2) This Order shall come into operation on a day to be...

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