Universitätsbibliothek HeidelbergUniversitätsbibliothek Heidelberg
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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

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https://doi.org/10.11588/diglit.34367#0509
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A.D. 1796.]

REGULATION X.

451

or in part, and shall require the zillah or city or magistrate to
execute the same without further reference, he shall immediately comply
with such requisition. In case, however, the second precept of the Zb'O-
UoM77 or 6fw77 of LYrcMhf should not satisfy the zillah or city
or magistrate that the Regulations have been rightly construed by the
Prorz'/acmJ UoM77 or Uom^ of (Aromf he is at liberty, at the same time that
he certifies the execution of the order of the ZVorbzcm/ Coao^ or UoMr^ of
67r<?Mxf to request that they will transmit copies of their precepts to him
and his returns thereto, with such other papers as may be necessary for
the information of the circumstances of the case, to the Court of Sudder
Dewanny Adawlut or the Court of Nizamut Adawlut, according as the case
in question may relate to the civil or criminal department; and the AVo-
rbzczW Cozob or CoM77 of 6'zrcm^ shall accordingly transmit such papers, as
requested, without any unnecessary delay. Provided nevertheless, that
nothing in this Regulation be understood to authorize any zillah or city
or magistrate to question the propriety of any order issued by a
Prormczo/ Co%77 or UozzP of CzTcMzf, in cases clearly left to the discretion
and judgment of the Prormczo/ Cozcr^ or Gom7 of UzrcM^ by the Regula-
tions ; the reference to them, and eventually to the Courts of Sudder
Dewanny and Nizamut Adawlut, meant to be authorized by this Regula-
tion, being confined to cases in which the sense of the Regulations, from
a difference of construction or otherwise, may appear doubtful and
uncertain.

But the zillah or city
y'M<fye or magistrate,
rence of the case to the
NizamutorSudderDe-
wanny Adawlut.

Proviso, excepting
cases clearly left by the
of the jProvmcmZ CoMrfy
or CoMrAq/' CZrcMiZ.

III. In all instances wherein a reference to the Court of Sudder Determination of the
Dewanny Adawlut or the Nizamut Adawlut may be made under the ^^Ada^iut^7^be
preceding rule, the determination of those Courts, who are empowered to ^dusive.^^ ° ^
prescribe the forms and conduct to be observed by the ZVormcmf Zillah,
and City Courts of Dewanny Adawlut, the CoM77.$ of and the zillah
and city magistrates, in all cases provided for by the Regulations, agreeably
to their construction thereof, is to be held final and conclusive.
IV. Should any doubt occur to the Sudder Dewanny or the Nizamut Nizamut and Sud-
Adawlut with respect to the meaning of any part of the Regulations, or ^ej^t^th^Gover!
should it appear to them, on occasion of anv reference from the AVopbzczaf nor-Generai in Council
AvChf, or 67b/ CoKrb', the Gozc^.s' of 67rcmf or the zillah or city magis- Hve^do!ibts*"on 'the
trates, that the Regulations do not sufficiently provide for the case sub- meaning of the Reguia-
mitted to their decision, they are, in the former case, to report the o'r if the case be not
circumstances of it to the Governor-General in Council, that a new Pot/M- providedforbytheRe-
fiPoza may be framed in explanation of such doubt; and, in the latter case,
b? 777'0770d'0 <2 726ZoPcOMfxb'o?2, 772 iffo 772%72720r /77'0-5Cr^0G? f?/ PgOZ/fz- ALA. 1793.
b'o?3 ZAC 1793.

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