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Clarke, Richard [Editor]
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

DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0544
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REGULATION III.

[A.D. 1798.

A.D. 1798. REGULATION III.
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1. THE Hindoo native officers employed in the Courts of Justice, as well
as the Hindoo vakeels attached to these courts, being in general solicitous
to have leave of absence at the annual festival of the Dussarah, for the
purpose of celebrating this festival and at the same time visiting their
families, and the Mahomedan officers and vakeels being usually desirous to
have leave of absence for similar purposes at the festival of the Mohurrem,
the Governor-General in Council has judged it advisable to authorize a
general adjournment of the Civil Courts at the periods of the above fes-
tivals ; in allowing which, he has it further in view to enable such of the
judges and registers as may require temporary leave of absence from their
stations for any private purpose, to apply for the same at a period when
the adjournments of the Civil Courts may admit of it, with less public
inconvenience than when both the Civil and Criminal Courts are open ;
and in consequence of the opportunity thus given them to apply for leave
of absence during the fixed vacations, it is expected they will not make
such applications at any other period, except in cases of indispensable
necessity. The Governor-General in Council further adverting to the
hardship which particular prisoners might sustain, from the half-yearly
gaol deliveries in the several divisions of the Courts of Circuit' not being-
made successively in the same order, whereby the prisoners at one station
would be liable to be kept in confinement for trial much longer than at
another where the gaol delivery should follow more speedily, has resolved
to establish a fixed order of succession for the gaol deliveries of the several
zillahs and cities throughout the provinces; and, in consequence of the
little benefit found to attend the mode of holding the gaol deliveries for
the cities of Dacca, Moorshedabad, and Patna, and the zillahs of Dacca
Jelalpore, Moorshedabad, and the Twenty-four Pergunnahs, prescribed in
Section IX. Regulation VII. 1794, from the Courts of Circuit being occu-
pied in holding the gaol deliveries of the other zillahs, at the same time
that considerable interruption to the magistrates in the discharge of their
duties might be expected from the more frequent sittings of the Courts of
Circuit, the Governor-General in Council considers it advisable to extend
the rule for half-yearly gaol deliveries, which has been prescribed for the
other zillahs throughout the provinces, to the zillahs and cities above
mentioned. He has accordingly enacted the following rules, compre-
hending the several objects above adverted to, which are to be considered
in force in the provinces of Bengal, Behar, Orissa, and Benares, from the
date of the receipt of this Regulation by the several courts respec-
tively.
 
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