DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0411
A.D. 1795.]
REGULATION XXII.
353
of appeal, cause true and faithful copies of all such originals, authenticated
by the signature of the serishtadar or head moonshee, to be made out
and deposited in the Mofussil Dewanny Adawlut, in lieu of the origi-
nals ; which said copies shall be, and shall be esteemed, records of the court.
A7wM. " 3?W. That where the cause of action shall not exceed one in what causes an
thousand rupees, the judgment of the resident, in his capacity of judge ^/"tS
of the Court of Appeal at Benares, is to be final; but in causes exceeding Court of Appeal at
that amount, the parties are to be at liberty to appeal from the decision Benares,
of the resident to the Sudder Dewanny Adawlnt at Calcutta, under the
restrictions prescribed in the Regulations for the administration of justice
in the provinces of Bengal, Behar, and Orissa.
AY/M. " 4M. That for the purpose of ascertaining what causes are, and Rules for ascertain-
what causes are not appealable from the Court of Appeal at Benares to the ^i^ortie^subject
Sudder Dewanny Adawlut at Calcutta, the mode of fixing what causes litigated,
exceed and are under one thousand rupees shall be as follows : in causes
respecting land, it shall be estimated according to the annual produce or
jumma,—-that is to say, lakheraj land at ten times the amount of its annual
produce, ayma lands paying a quit-rent to Government at twenty times
the amount of the annual quit-rent, and malguzarry land at one year s
amount of the jumma to Government; and if for a house and the ground
belonging to it, according to the price in the bill of sale, or if there be no
bill of sale, according to the appraisement of two creditable appraisers of
the place.
" 5M. In all causes, the Mofussil judges are, after hearing the Process in respect to
cause and the evidence produced, and considering all the vouchers of both decision^o?°auses Ha-
parties, to pass their decision thereon according to the Mussulman and bie to be appealed.
Hindoo laws, in the manner distinctly specified in regard to each in
their sunnuds of investiture, which they are to announce in the public
cutcherry to the parties, and to furnish each of them with an attested
copy of the decree passed under the judge's signature and the seal of
the Adawldt, which decrees the judges are respectively to order on the
next court day to be carried into execution, if either of the parties shall
not then or before have applied to appeal, in which case the judges
are to act according to the regulations contained in the preceding
articles.
" 6M. The judges are, on the institution of each cause, as soon Security to betaken
as the petition of complaint is received, to take sufficient security from P^es m civti
the parties in the cause to carry on their suit, and to abide by the judgment
of the court when passed, or to appeal therefrom, in the manner directed
by the preceding regulations."
XI. The Governor-General in Council having extended the jurisdiction jurisdiction of the
of the Court of Appeal at Benares to hearing appeals from decisions of the ^
City Court of Benares, established as specified in Section II., the native the City Court,
judge was advised accordingly on the 11th of May, 1788. On the 6th of
August following, the Governor-General in Council determined that the
Court of Appeal should not receive any appeals from causes decided by the
judge of the City Court previous to the 31st of August, 1787, the date of
the then resident's first arrival at Benares.
XII. On the 11th of October, 1788, a rule was passed directing the Rule in respect to
REGULATION XXII.
353
of appeal, cause true and faithful copies of all such originals, authenticated
by the signature of the serishtadar or head moonshee, to be made out
and deposited in the Mofussil Dewanny Adawlut, in lieu of the origi-
nals ; which said copies shall be, and shall be esteemed, records of the court.
A7wM. " 3?W. That where the cause of action shall not exceed one in what causes an
thousand rupees, the judgment of the resident, in his capacity of judge ^/"tS
of the Court of Appeal at Benares, is to be final; but in causes exceeding Court of Appeal at
that amount, the parties are to be at liberty to appeal from the decision Benares,
of the resident to the Sudder Dewanny Adawlnt at Calcutta, under the
restrictions prescribed in the Regulations for the administration of justice
in the provinces of Bengal, Behar, and Orissa.
AY/M. " 4M. That for the purpose of ascertaining what causes are, and Rules for ascertain-
what causes are not appealable from the Court of Appeal at Benares to the ^i^ortie^subject
Sudder Dewanny Adawlut at Calcutta, the mode of fixing what causes litigated,
exceed and are under one thousand rupees shall be as follows : in causes
respecting land, it shall be estimated according to the annual produce or
jumma,—-that is to say, lakheraj land at ten times the amount of its annual
produce, ayma lands paying a quit-rent to Government at twenty times
the amount of the annual quit-rent, and malguzarry land at one year s
amount of the jumma to Government; and if for a house and the ground
belonging to it, according to the price in the bill of sale, or if there be no
bill of sale, according to the appraisement of two creditable appraisers of
the place.
" 5M. In all causes, the Mofussil judges are, after hearing the Process in respect to
cause and the evidence produced, and considering all the vouchers of both decision^o?°auses Ha-
parties, to pass their decision thereon according to the Mussulman and bie to be appealed.
Hindoo laws, in the manner distinctly specified in regard to each in
their sunnuds of investiture, which they are to announce in the public
cutcherry to the parties, and to furnish each of them with an attested
copy of the decree passed under the judge's signature and the seal of
the Adawldt, which decrees the judges are respectively to order on the
next court day to be carried into execution, if either of the parties shall
not then or before have applied to appeal, in which case the judges
are to act according to the regulations contained in the preceding
articles.
" 6M. The judges are, on the institution of each cause, as soon Security to betaken
as the petition of complaint is received, to take sufficient security from P^es m civti
the parties in the cause to carry on their suit, and to abide by the judgment
of the court when passed, or to appeal therefrom, in the manner directed
by the preceding regulations."
XI. The Governor-General in Council having extended the jurisdiction jurisdiction of the
of the Court of Appeal at Benares to hearing appeals from decisions of the ^
City Court of Benares, established as specified in Section II., the native the City Court,
judge was advised accordingly on the 11th of May, 1788. On the 6th of
August following, the Governor-General in Council determined that the
Court of Appeal should not receive any appeals from causes decided by the
judge of the City Court previous to the 31st of August, 1787, the date of
the then resident's first arrival at Benares.
XII. On the 11th of October, 1788, a rule was passed directing the Rule in respect to