DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0094
36
REGULATION IV.
[A.D. 1793
moned to answer for
his conduct.
Court how to pro-
ceed if the offender
shall not obey the
summons.
if the offender shall not
appear, or shall appear,
and be proved guilty of
the charge.
cil, if the cause shall
not be appealed in
time.
If theoffender should
appeal, and the deci-
of which a peon or peons may be necessary, each peon is to be paid by the
party in whose behalf the summons or process may issue, four annas per
day for his subsistence; excepting in districts where custom may have
fixed the subsistence-money of peons at a lower rate, in which case the
lower rate, and no more, is to be paid. The name of each peon deputed
to serve the process, the amount of his subsistence-money, and the number
of days for which he is to receive it, is to be endorsed on the writing.
No greater number of peons than two are to<be deputed to serve or
execute any process of the courts, and one peon only is to be sent,
excepting in cases in which the judges may think two peons necessary.
XXI. If any person shall be guilty of contempt of court in open court,
or of undue arrogations of the authority of the court, or of illegal exertions
of judicial authority in his own cause, the court is immediately to punish
the offender by fining him in a sum not exceeding two hundred rupees,
and keeping him in custody until the fine shall be paid. The courts are
to regulate the amount of the fines which they may impose under this
section, according to the situation and circumstances in life of the
offenders.
XXII. If a zemindar, independent talookdar, or other actual proprietor
of land, or a dependent talookdar, shall resist, or cause to be resisted, any
process, rule, order, or decree of a Zillah Court, the court, on proof of the
resistance being made by to its satisfaction, is to cause the offender
to be summoned to answer to the charge. If the offender shall abscond,
or shut himself up in his own or any house or in any building, or retire to
any place, so that he cannot be served with the summons, the court is to
proceed against him in the manner directed with regard to other persons
absconding or acting as above specified, so that they cannot be served with
the process of the court. If the offender shall not appear within the
prescribed time, or if he shall appear, and after receiving his answer to the
charge, and hearing the evidence which he may produce in his defence, it
shall be proved to the satisfaction of the court, that he is guilty of the
charge, the court is to decree that the offender shall, from the date of the
decree, forfeit his zemindarry, talook, or other estate, in which the resist-
ance may have been made; or if the resistance shall have been made out
of the limits of the estate of the offender, the zemindarry, talook, or other
landed property that he may possess within the jurisdiction of the court,
the process of which may have been resisted. If the cause shall not be
appealed to the jPrormcMf within the time limited for
preferring appeals to that court, in Section XII. Regulation V. 1793, the
court is immediately to forward a copy of its decree and proceedings
respecting the charge to the Governor-General in Council. If the offender
shall appeal to theZVopmcM/ within the prescribed period,
and the court should confirm the decision of the Zillah Court, and the cause
shall not be appealable to the Sudder Dewanny Adawlut, or if it shall be
appealable, and the offender shall not lodge an appeal within the time
limited for preferring appeals to that court, in Section X. Regulation VI.
1793, the is immediately to forward a copy of their decree
and proceedings in the appeal, and of the decree and proceedings of the
Zillah Court, to the Governor-General in Council. If an appeal shall be
Modified by
XXV1.1814?'
See Act XXX.
1841.
Modified by
IX. 1799.
REGULATION IV.
[A.D. 1793
moned to answer for
his conduct.
Court how to pro-
ceed if the offender
shall not obey the
summons.
if the offender shall not
appear, or shall appear,
and be proved guilty of
the charge.
cil, if the cause shall
not be appealed in
time.
If theoffender should
appeal, and the deci-
of which a peon or peons may be necessary, each peon is to be paid by the
party in whose behalf the summons or process may issue, four annas per
day for his subsistence; excepting in districts where custom may have
fixed the subsistence-money of peons at a lower rate, in which case the
lower rate, and no more, is to be paid. The name of each peon deputed
to serve the process, the amount of his subsistence-money, and the number
of days for which he is to receive it, is to be endorsed on the writing.
No greater number of peons than two are to<be deputed to serve or
execute any process of the courts, and one peon only is to be sent,
excepting in cases in which the judges may think two peons necessary.
XXI. If any person shall be guilty of contempt of court in open court,
or of undue arrogations of the authority of the court, or of illegal exertions
of judicial authority in his own cause, the court is immediately to punish
the offender by fining him in a sum not exceeding two hundred rupees,
and keeping him in custody until the fine shall be paid. The courts are
to regulate the amount of the fines which they may impose under this
section, according to the situation and circumstances in life of the
offenders.
XXII. If a zemindar, independent talookdar, or other actual proprietor
of land, or a dependent talookdar, shall resist, or cause to be resisted, any
process, rule, order, or decree of a Zillah Court, the court, on proof of the
resistance being made by to its satisfaction, is to cause the offender
to be summoned to answer to the charge. If the offender shall abscond,
or shut himself up in his own or any house or in any building, or retire to
any place, so that he cannot be served with the summons, the court is to
proceed against him in the manner directed with regard to other persons
absconding or acting as above specified, so that they cannot be served with
the process of the court. If the offender shall not appear within the
prescribed time, or if he shall appear, and after receiving his answer to the
charge, and hearing the evidence which he may produce in his defence, it
shall be proved to the satisfaction of the court, that he is guilty of the
charge, the court is to decree that the offender shall, from the date of the
decree, forfeit his zemindarry, talook, or other estate, in which the resist-
ance may have been made; or if the resistance shall have been made out
of the limits of the estate of the offender, the zemindarry, talook, or other
landed property that he may possess within the jurisdiction of the court,
the process of which may have been resisted. If the cause shall not be
appealed to the jPrormcMf within the time limited for
preferring appeals to that court, in Section XII. Regulation V. 1793, the
court is immediately to forward a copy of its decree and proceedings
respecting the charge to the Governor-General in Council. If the offender
shall appeal to theZVopmcM/ within the prescribed period,
and the court should confirm the decision of the Zillah Court, and the cause
shall not be appealable to the Sudder Dewanny Adawlut, or if it shall be
appealable, and the offender shall not lodge an appeal within the time
limited for preferring appeals to that court, in Section X. Regulation VI.
1793, the is immediately to forward a copy of their decree
and proceedings in the appeal, and of the decree and proceedings of the
Zillah Court, to the Governor-General in Council. If an appeal shall be
Modified by
XXV1.1814?'
See Act XXX.
1841.
Modified by
IX. 1799.