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)

A.D, 1801.]

REGULATION II.

563

HI. 1829.
SeeActXXI.
1837.

the Supreme Council, and by Section LXVII. Regulation IX. 1793, the
Court of Nizamut Adawlut consists of the Governor-General and the
members of the Supreme Council, assisted by the head cauzy of Bengal,
Behar, and Orissa (whose jurisdiction is extended by Regulation XLIX.
1795, to the province of Benares), and twomuftees; and whereas, by
reason of the various public duties of the Governor-General and of the
members of the Supreme Council, unavoidable delays have arisen in the
proceedings of the said courts, and it was therefore deemed necessary,
with a view to prevent the accumulation of appeals in the Sudder
Dew^anny Adawlut, to limit the appeals to that court as provided by
Regulations XII. 1797, and V. 1798, notwithstanding which limitations,
the number of undecided causes in appeal has unavoidably increased; and
whereas it is essentially necessary to the impartial, prompt, and efficient
administration of justice, and to the permanent security of the persons
and properties of the native inhabitants of these provinces, that the
Governor-General in Council exercising the supreme legislative and exe-
cutive authority of the state should administer the judicial functions of
the Government by the means of courts of justice, distinct from the legis-
lative and executive authority of the state; and whereas it is important
to the honour and stability of the British Government, and to the happiness
and prosperity of the native subjects of these provinces, that further pro-
vision should be made for the more effectual despatch of the proceedings
of the said Courts of Sudder Dewanny Adawlut and Nizamut Adawlut,
and that the exercise of the judicial functions of this Government should
be more distinctly separated from the legislative and executive authority
thereof; his Excellency the Most Noble the Governor-General in Council
hath enacted the following Regulation, to be in immediate force through-
out the provinces of Bengal, Behar, Orissa, and Benares.
II. Section II. Regulation VI. 1793, and Section LXVII. Regula-
tion IX. 1793, are hereby repealed.
III. [Constitution of the court.]—X2^c7wc7c7f2/T7qq27^2U72^A)77. 1811,
6026? 777. 1829.
IV. 77c (The/* yhAyg, cccf of yuUmo wdio may be
appointed to the Court of Sudder Dewanny Adawlut, previous to entering
upon the execution of the duties of his ofhce shall take and subscribe
Gbwn20?--G7?267"67 m Charnel] the same oath as is required to
be taken and subscribed f?/ iVo of of Ajopcaf
according to the form prescribed in Section II. Regulation V. 1793.
V. The Court of Sudder Dewanny Adawlut, co?2.722b7o7 fa/ Shczb'oM 777.
of f/bk 7^qyMf72072, shall possess all the powers vested under the existing
Regulations in the Court of Sudder Dewanny Adawlut, wdiich was consti-
tuted by Section II. Regulation VI. 1793 ; and shall perform all the duties
Sudder Dewanny, or Sudder Foujdarry Court, shall be equally divided in opinion, it is pro-
vided by Sec. ix. Reg. IX. 1831, that reference shall be made to a judge of the Sudder
Court, for the North-western Provinces, established by Reg. VI. 1831. Act VIII. 1842,
applies the title of SuDDER CouRT to the court of highest civil and criminal jurisdiction ; and
Act XVII. 1841, authorizes the Sudder Courts to frame rules of practice for themselves,
which, when sanctioned by the Government, shall have the power of Acts.
4 c 2

Sec. ii. Reg. VI. and
Sec. lxvii. Reg. IX.
1793, repealed.

prescribed for judges of
the Prowzcz'aJ CoMr2y
op .Appea/.

The court shall pos-
sess all the powers, and
perform all the duties