DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0093
A.D. 1793.]
REGULATION IV.
35
See Sec. 1.
Reg. XXIII.
1814.
^^XXYIL
1814.
See Sec. vi.
Reg. II. 1806.
See Act XXIX.
1837.
deemed necessary, a statement of the facts on which the question of law
may arise is to he made out in writing, and signed by the judge of the
court, and delivered to the cauzy or pundit for his opinion upon it. A
blank is to he left for tli.e answer of the law officer on the same paper on
which the question is stated, or on a paper firmly annexed to it. The
answer is to be attested with the signature of the law officer, and the
dates on which the questions may be stated to him, and the answer may
be given, are to be specified.
XVII. In cases of disputed property regarding lands, houses, or their
limits or boundaries, in which the court may deem a local investigation
proper, the court is to appoint an aumeen, who is to be sworn to make a
true and faithful report to the court of the several matters which he may
be directed to investigate, and not to take or receive, directly or indirectly,
from either party, any gratuity, reward, or consideration, besides the sum
which may be allowed to him by the court. The aumeen is to be ordered
to make his report in writing, subscribed with his name, and to deliver it
into court on a certain day, which is to be specified in his commission.
The report is to be received by the court as evidence in the cause, with
regard to the matters which the aumeen may be commissioned to investi-
gate, and no other. The court may order such sum to be paid to the
aumeen as may be thought reasonable for his trouble, and the amount is
to be added to the costs, and paid by the person against whom the decree
may be passed. But the court is to be careful that expenses are not
unnecessarily incurred by the aumeen by delay or other means.
XVIII. The plaintiff is to pay the charges of summoning the defendant
and his own witnesses, and of all process attended with expense which
may be issued in his behalf previous to the decision of the suit.
XIX. The judges of the Zillah and City Courts are to order the causes
depending in their respective courts to be brought on for trial according
tp the order in which they may be filed; except in cases in which it may
be otherwise directed by any Regulation, or in which the judge may think
it proper for special reasons, which he is to state at large upon the record
of the trial, to bring on the cause before its turn. The is to enter
in a book the causes for the trial of which a day may be appointed by the
judge, and on the day fixed call on the causes for trial, in the order in
which they may have been entered. A paper containing a list of the
causes, and the day appointed for the trial of them, is to be fixed up in
some conspicuous part of the court-room seven days previous to the day
of trial.
XX. All orders and process of the court which may be directed to be
served or executed on any person, are to be written or printed in the
Persian and Bengal languages, in Bengal and Orissa, and in the Persian
language, and the Hindostanee language and Nageree character, in Behar,
and are to be sealed with the seal of the court and signed by the judge.
When a summons, or any process, is issued against a defendant, or a
witness in a cause, or any other person who may not reside or be present
at the place at which the court may sit, and for the serving or executing
F 2
in writing. What they
are to contain.
Answer on what
paper to be written,
and what it is to con-
To what points the
aumeen is to be sworn.
Report to be made
by the aumeen, duly
attested by him, on a
certain day.
awarded is to be paid.
Precaution to be ob-
served by the courts in
awarding such sums.
Plaintiff to pay, in
the first instance, the
expense of all process
that may be issued in
his behalf, previous to
the decision of the suit.
Suits to be brought
on for trial in the order
in which they may be
filed.
Exception to the rule.
A paper, specifying
the causes for the trial
of which a day has been
fixed, is to be stuck up
in some conspicuous
part of the court-room
seven days previous to
the trial.
In what language and
character the process
of the court is to be
written.
Summonses and pro-
cess to be served and
executed by peons.
REGULATION IV.
35
See Sec. 1.
Reg. XXIII.
1814.
^^XXYIL
1814.
See Sec. vi.
Reg. II. 1806.
See Act XXIX.
1837.
deemed necessary, a statement of the facts on which the question of law
may arise is to he made out in writing, and signed by the judge of the
court, and delivered to the cauzy or pundit for his opinion upon it. A
blank is to he left for tli.e answer of the law officer on the same paper on
which the question is stated, or on a paper firmly annexed to it. The
answer is to be attested with the signature of the law officer, and the
dates on which the questions may be stated to him, and the answer may
be given, are to be specified.
XVII. In cases of disputed property regarding lands, houses, or their
limits or boundaries, in which the court may deem a local investigation
proper, the court is to appoint an aumeen, who is to be sworn to make a
true and faithful report to the court of the several matters which he may
be directed to investigate, and not to take or receive, directly or indirectly,
from either party, any gratuity, reward, or consideration, besides the sum
which may be allowed to him by the court. The aumeen is to be ordered
to make his report in writing, subscribed with his name, and to deliver it
into court on a certain day, which is to be specified in his commission.
The report is to be received by the court as evidence in the cause, with
regard to the matters which the aumeen may be commissioned to investi-
gate, and no other. The court may order such sum to be paid to the
aumeen as may be thought reasonable for his trouble, and the amount is
to be added to the costs, and paid by the person against whom the decree
may be passed. But the court is to be careful that expenses are not
unnecessarily incurred by the aumeen by delay or other means.
XVIII. The plaintiff is to pay the charges of summoning the defendant
and his own witnesses, and of all process attended with expense which
may be issued in his behalf previous to the decision of the suit.
XIX. The judges of the Zillah and City Courts are to order the causes
depending in their respective courts to be brought on for trial according
tp the order in which they may be filed; except in cases in which it may
be otherwise directed by any Regulation, or in which the judge may think
it proper for special reasons, which he is to state at large upon the record
of the trial, to bring on the cause before its turn. The is to enter
in a book the causes for the trial of which a day may be appointed by the
judge, and on the day fixed call on the causes for trial, in the order in
which they may have been entered. A paper containing a list of the
causes, and the day appointed for the trial of them, is to be fixed up in
some conspicuous part of the court-room seven days previous to the day
of trial.
XX. All orders and process of the court which may be directed to be
served or executed on any person, are to be written or printed in the
Persian and Bengal languages, in Bengal and Orissa, and in the Persian
language, and the Hindostanee language and Nageree character, in Behar,
and are to be sealed with the seal of the court and signed by the judge.
When a summons, or any process, is issued against a defendant, or a
witness in a cause, or any other person who may not reside or be present
at the place at which the court may sit, and for the serving or executing
F 2
in writing. What they
are to contain.
Answer on what
paper to be written,
and what it is to con-
To what points the
aumeen is to be sworn.
Report to be made
by the aumeen, duly
attested by him, on a
certain day.
awarded is to be paid.
Precaution to be ob-
served by the courts in
awarding such sums.
Plaintiff to pay, in
the first instance, the
expense of all process
that may be issued in
his behalf, previous to
the decision of the suit.
Suits to be brought
on for trial in the order
in which they may be
filed.
Exception to the rule.
A paper, specifying
the causes for the trial
of which a day has been
fixed, is to be stuck up
in some conspicuous
part of the court-room
seven days previous to
the trial.
In what language and
character the process
of the court is to be
written.
Summonses and pro-
cess to be served and
executed by peons.