Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 (London, 1854)

98

REGULATION IX.

[A.D. 1793.

Oath to be taken by LXX. The register, previous to entering upon the execution of the
e register. duties of his office, shall take and subscribe before the Nizamut Adawlut,
an oath similar to that prescribed for the registers to the Courts of
Circuit.

to be taken by
the head cauzy and two

LXXI. The head cauzy and the two mufties, previous to entering
upon the duties of their othces, Rescinded by
shall take and subscribe similar to those prescribed for xvm^'ign?'
the law officers of the 0/ UTrcmY.


LXXII. The court is empowered and directed to take cognizance of all
matters relating to the administration of justice in criminal cases and the
police of the country, and to submit to the Governor-General and Council
such regulations regarding them as it may deem advisable.

Court to exercise the LXXIII. The court shall exercise all the powers that were vested in it
vested mlt^when it^as whilst it was stationed at Moorshedabad, and superintended by the late
superintended by the Raib Nazim, the Nabob Mahomed Reza Khan.
late Naib Nazim.

in Council.
In cases of murder,
the law ofhcers to de-
liver their opinions ac-
cording to Yusuf and
Mahomed.
as evidence of the in-
tent.
The intention of the
criminal to be the rule
for determining the
punishment.

semble at the office of
the register three times
in every week, or of-
tener if necessary.
Register to lay before
them the Persian copies
of all trials referred by
the CoMr/ of CfrcMzY.
Law ofhcers to give
theiropinions in writing
on such trials, before
they leave the ofhce of
the register.
Register to submit
the proceedings on such
trials, and the opinions
of the law ofhcers, to
the Nizamut Adawlut,
which court is to pass
the final sentence.

Reg.VIiI.1799.

LXXIV. The sentences of the court shall be regulated by the Maho-
rnedan law, excepting in cases in which a deviation from it may be
expressly directed by any Regulation passed by the Governor-General in
Council.
LXXV. In trials for murder, the head cauzy and the mufties shall
deliver their futwas or opinions upon the case according to the doctrines
of Yusuf and Mahomed. The distinctions, however, made by those
imaums and by Hunneefah, as to the mode of committing murder, shall
not be adhered to by the Nizamut Adawlut, but the intention of the
criminal, either evidently or fairly inferrible from the nature and circum-
stances of the case, and not the manner or instrument of perpetration
(except as evidence of the intent), shall constitute the rule for determining
the punishment.
LXXVI. [Proceedings in cases of kissaas and deyat.]—
1797.
LXXVII. The head cauzy and the mufties shall assemble at the office*) See Sec. iv.
of the register three times in every week, or oftener if necessary, and the
register shall lay before them Persian copies of the proceedings in the
trials that may be referred by the 0/ for the final sentence of
the Nizamut Adawlut. After duly considering the proceedings, and pre-
vious to leaving the office of the register, they shall state in writing, at the
foot of the record of each trial, whether the futwa of the law officers is jsec.
consistent with the evidence and conformable to the Mahomedan law. If vi-1832.
it be not, they shall state what futwa ought in their opinion to have been
delivered, and subscribe their names, and affix their seals to their respec-
tive opinions. The register shall submit the proceedings, in the cases so
revised by the head cauzy and the mufties, to the Nizamut Adawlut at their
next meeting, when the court, after perusing the proceedings of the
q/ the futwa of the law ofhcers of that court, and the futwa of

Reg. XVII.
18 f 7, and Sec.
vii. Reg. IV.
1822.

Re^VIILI80R