The administration of justice is one of the fundamental duties of
Government and one of its chief functions. Our Government undertook this
duty amid special difficulties and drawbacks; for not only were crime and
disorder very general, but there was a great paucity of officials with
the necessary experience of the country and knowledge of the language,
to fill the subordinate grades of the Civil Service, and to act as
magistrates. It must have been no easy task to administer justice at once
over an area as large as France. Great progress has been made during the
five years, and the various courts of justice have long been in good
working order after the methods of India.
The adaptation of a regular system of criminal law, as laid down in
the Indian Penal Code, with British principles as regards evidence and
procedure, with all our well-known safeguards of the rights of the
subject and the dignity and sanctity of law, must be a great improvement
on the old haphazard Burmese system, and must afford far greater
protection to the innocent, and a greater probability of detecting
and punishing the guilty. In point of impartiality and freedom from
corruption, too, there must be a great change for the better. Since
the country has begun to thoroughly settle down, and the necessity for
a speedy and summary decision in criminal cases is no longer felt, a
Judicial Commissioner has been appointed for Upper Burma, a trained
civilian of high position and experience, whose duty it is to revise
the proceedings of the subordinate courts, and, if necessary, alter the
findings. This precaution Government takes to ensure that the cases shall
have full and mature consideration, and that in the name of justice,
justice shall be done.
An illustration of the improved methods of legal procedure, after Western
models, introduced under the British administration, is the compulsory
registration of deeds relating to immovable property. This measure
operates to prevent fraud and secure and simplify titles. The deed being
registered, and a copy of it being kept in Government records, forgery
and other methods of cheating are made far more difficult. Under the
Burman rule deeds were not used, the theory being that all property
belonged to the king. It can readily be imagined what confusion of title
resulted from that primitive method, and how necessary it was to make
enactments that should minimise the risk of fraud, dispute and litigation.
The survey of the whole country has made good progress. Year by year,
despite the disturbed state of the country, and the consequent danger
of travelling, survey parties have been diligently employed in that
important business. Triangulation has been carried over 84,000 square
miles, and the whole country has been mapped on a scale of four miles to
the inch.
Public-domain text, read in full here on John Shaqi.
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