DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0011
PREFATORY NOTE.
{
by'ujicovenanted judges, and their appellate jurisdiction is divideo ; ec
Zillah Court and the Sudder. The zillah judges take up the position i rdati'io
the uncovenanted judges i^hich the Provincial Courts formerly held to thez, judges.
The powers of the judges *of circuit were transferred first to Commissioners c j ,
and then to the zillah judges,4 under the designation of " session judges."
The zillah registers no longer exist, and their judicial functions are transferrec tie
uncovenanted judges. Tlfb very limited civil jurisdiction originally confided to mu vc
agency,, has been gradually enlarged, until principal sudder ameens, sudder ameens, J uu
moonsiffs dispose of all suits in the first instance; these offices have been opened to a
competent persons, without respect to nation, birth, or creed.
The office of superintendent of police, first established locally in 1808, was abolished
in 1829 and restored in 1837. In the interval it had been assigned to the Commissioners
*Q)f Circuit, who were constituted in 1829; those officers again have been relieved from
a large portion of their judicial duties, in order that they might more effectually perform
those of Commissioners of Revenue.
The Mahomedan law, which in the earlier years of our legislation kept the judges of the
Criminal Courts in trammels, has been much relaxed in its control over their decisions,
andfin some cases entirely dispensed with, both in the Sessions Court and in the Nizamut
Adnwlut.
S uch has been the expansion and remoulding of the elements which existed in the
earliest enactments in respect of gradation of authorities, principles of administration,
limited rights of appeal. At one time procedure was altered, at another the powers
[xecution and control were transferred to other hands. Sometimes in an advanced
}e of legislation, rules were enacted which, without specifying any particular provisions
irogated or otherwise affected, did, in fact, annul or modify preceding rules in various
)es not always easy of detection. Where the effect of the modifications was doubtful,
reference only is given in the margin, the text being left unaltered,
lese changes, wrought at successive periods, have caused much entanglement and
[lexity, the more so as they were more frequently effected by partial modifications
[references, than by enactment of new and consolidated rules, or by rescission of
latter that had been superseded. It is hoped that the notes, with the use of the
classified tables and the index, will facilitate, to an extent of some importance, the labour
of consulting the various portions of the code ; for that process is still unavoidable,
and must necessarily involve an amount of laborious comparison, especially to the
members of the service, from which consolidation alone can relieve them.
"order to render the index as little cumbrous as possible, the multiplication of
ferences has been, as far as practicable, avoided, it being hoped that pn consulting the
Passage first referred to, the marginal notes there found will direct the further research
'yhere necessary. Where under one general head several rules were to be placed, it
sefemed best to follow the chronological order of the enactments, rather than to attempt
an ^arranged Classification, by which, if the principle should not be understood or apparent,
{
by'ujicovenanted judges, and their appellate jurisdiction is divideo ; ec
Zillah Court and the Sudder. The zillah judges take up the position i rdati'io
the uncovenanted judges i^hich the Provincial Courts formerly held to thez, judges.
The powers of the judges *of circuit were transferred first to Commissioners c j ,
and then to the zillah judges,4 under the designation of " session judges."
The zillah registers no longer exist, and their judicial functions are transferrec tie
uncovenanted judges. Tlfb very limited civil jurisdiction originally confided to mu vc
agency,, has been gradually enlarged, until principal sudder ameens, sudder ameens, J uu
moonsiffs dispose of all suits in the first instance; these offices have been opened to a
competent persons, without respect to nation, birth, or creed.
The office of superintendent of police, first established locally in 1808, was abolished
in 1829 and restored in 1837. In the interval it had been assigned to the Commissioners
*Q)f Circuit, who were constituted in 1829; those officers again have been relieved from
a large portion of their judicial duties, in order that they might more effectually perform
those of Commissioners of Revenue.
The Mahomedan law, which in the earlier years of our legislation kept the judges of the
Criminal Courts in trammels, has been much relaxed in its control over their decisions,
andfin some cases entirely dispensed with, both in the Sessions Court and in the Nizamut
Adnwlut.
S uch has been the expansion and remoulding of the elements which existed in the
earliest enactments in respect of gradation of authorities, principles of administration,
limited rights of appeal. At one time procedure was altered, at another the powers
[xecution and control were transferred to other hands. Sometimes in an advanced
}e of legislation, rules were enacted which, without specifying any particular provisions
irogated or otherwise affected, did, in fact, annul or modify preceding rules in various
)es not always easy of detection. Where the effect of the modifications was doubtful,
reference only is given in the margin, the text being left unaltered,
lese changes, wrought at successive periods, have caused much entanglement and
[lexity, the more so as they were more frequently effected by partial modifications
[references, than by enactment of new and consolidated rules, or by rescission of
latter that had been superseded. It is hoped that the notes, with the use of the
classified tables and the index, will facilitate, to an extent of some importance, the labour
of consulting the various portions of the code ; for that process is still unavoidable,
and must necessarily involve an amount of laborious comparison, especially to the
members of the service, from which consolidation alone can relieve them.
"order to render the index as little cumbrous as possible, the multiplication of
ferences has been, as far as practicable, avoided, it being hoped that pn consulting the
Passage first referred to, the marginal notes there found will direct the further research
'yhere necessary. Where under one general head several rules were to be placed, it
sefemed best to follow the chronological order of the enactments, rather than to attempt
an ^arranged Classification, by which, if the principle should not be understood or apparent,