PART IV MISCELLANEOUS
Period of sittings

12. Subject to any Rules of Court, the Turkish Family Courts shall be open throughout the year except on Sundays and public holidays.

Seals

13.-(1) Each Turkish Family Court shall have and use as occasion requires a seal bearing the style of such Court and such device as may be approved from time to time by the Governor, and the Registrar of such Court shall have the custody thereof.

(2) All writs, orders and other instruments issued by a Turkish Family Court shall be sealed with the seal of such Court.

Paupers

14. A Turkish Family Court, if satisfied that a person is not worth fifty pounds (his wearing apparel and the subject matter of the action or proceeding alone excepted), may admit such person to sue or defend as a pauper and may make an order exempting him from the payment of all or any fees, or as to the time and manner of the payment of the fees or any of them as to the Court may seem just.

Execution against immovables

15.-(1) No writ of execution by the sale or sequestration of immovable property shall issue out of a Turkish Family Court.

(2) Where a debt is due under a judgment of a Turkish Family Court and the Court is satisfied that a writ of execution upon movable property has failed to satisfy the debt and the debtor has an interest in immovable property the Turkish Family Court shall transfer the execution of the judgment to the District Court where such immovable property is situate and thereafter such District Court shall have jurisdiction to enforce the judgment as if the same were a judgment of the District Court.

Review by Judge of Supreme Court of order to imprison debtor

16.-(1) Where the Court commits any debtor to prison under section 82 of the Civil Procedure Law it shall within four days of such committal send to the Chief Registrar a copy of the order and a statement of the grounds upon which the same was made.

(2) A judge of the Supreme Court in Chambers shall review the order and the grounds therefor and may, if he thinks fit, vary or rescind such order.

Service and execution of legal processes

17. Subject to any Rules of Court under this Law, writs and other processes of the Court shall mutatis mutandis be served, executed and returned by the Sheriff or his officers in the same manner as such writs and processes are served, executed and returned when issued by a District Court: Provided that the liabilities of the Sheriff shall be limited as provided in the Courts of Justice Law.

Practice and procedure

18. The jurisdiction conferred by this or any other Law upon the Turkish Family Courts shall be exercised in accordance with the procedure prescribed by any Law in force for the time being or any Rules of Court under any such Law, and in default thereof shall, in so far as circumstances permit, be exercised in accordance with the practice and procedure observed by the District Courts.

Rules

19.-(1) The Governor, with the advice and assistance of the Chief Justice, may, from time to time, by writing under the hand and official seal of the Governor and the hand of the Chief Justice, make Rules-

(a)for regulating the exercise of the duties of the judges and the sittings of the Turkish Family Courts under the directions and supervision of the Chief Justice;

(b) for regulating the pleading, practice and procedure of, and the evidence to be admitted and taken in, the Turkish Family Courts;

(c) for regulating the qualification of persons who may be permitted to appear on behalf of parties before the Turkish Family Courts; generally, for regulating any matters relating to the practice and procedure of Turkish Family Courts or to the duties of any officer of such Courts or to the costs of proceedings therein to be allowed to the advocates and others lawfully representing any parties thereto;

prescribing the fees to be taken by Turkish Family Courts or by any officer of such Courts.

(2) Every Rule made and every list of fees prescribed under the provisions of this section shall be published in the Gazette, and shall come into force either immediately or on such day as shall be provided by such Rule upon its publication as aforesaid.

References to Sheri Tribunals, etc., to be references to Turkish Family Courts under this Law

20. Whenever in any Law or public instrument reference is made to Sheri Tribunals or to Mehkeme-i-Sherie or to a Mussulman Religious Tribunal or to a Tribunal as meaning a Mussulman Religious Tribunal, it shall be deemed to be reference to the Turkish Family Courts as established under this Law and any such reference in any such Law or public instrument shall be read accordingly.