DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0644
586
REGULATION III.
[A.D. 1802.
Reg. m. 1802. A.D. 1802. REGULATION III.
A REGULATION jO?' ^Az? VccMzVz/ m
C7vV 6hz2.s^.$-; %%G? yb?' o/ AAc VAzzA.s coTzce^Tzm^ ^Ag
o/ CAuz/ p7'6/grr<$^ Ay A'^zzygz'.y; PASSED Ay ^Ac Go^C7-72or-
(7^7267'a? 272 A7oM72C2^, 072 ^Ao 22727f H^7'2/, 1802.
1. THAT persons unable to attend the courts of justice in person, or to
give the security required by Regulation VII. 1793, for the payment of the
fees of a pleader, or to pay the institution fee upon original suits and
appeals, established by Regulation VI. 1797, might not be precluded by
such inability from suing for the recovery of their rights in the Civil
Courts of Judicature, or from obtaining the assistance of the pleaders
attached to these courts in the prosecution of their claims, provisions have
been made by Regulation XLVI. 1793 (extended to Benares by Regula-
tion XXIII. 1795), and by Section IX. Regulation VI. 1797, whereby all
persons making oath of their inabiiity to pay the prescribed institution
fee, and to give the security required for the fees of a pleader (if they are
desirous of entertaining a pleader), and producing two credible witnesses
to verify the same, with sureties for their personal appearance, are
admitted to sue as paupers in the Zillah and City Courts ; and also to pro-
secute appeals from the decisions of these courts in the Provincial Courts
of Appeal and Sudder Dewanny Adawlut, without any expense whatever,
unless they shall afterwards be found to possess property sufficient to make
good the amount of the prescribed fees; at the same time, the parties
sued by such paupers, in addition to the charge usually incurred in
procuring the security required from the defendants by Section V. Regu-
lation IV. 1793, and Section III. Regulation XI. 1797, are liable to a
considerable charge for the fees of pleaders necessarily employed by them
to defend the original suit or appeals, for which they can seldom obtain
any indemnification from the pauper plaintiff and appellant, although the
claim of the latter should be dismissed in every court. Under these cir-
cumstances, the provisions made for facilitating the attainment of .justice
to paupers have been perverted by them to the means of injustice and
persecution by groundless and exaggerated claims, which are prosecuted,
as far as the Regulations will allow, with a view to harass the defendant,
or to compel his admission of what may not be justly due from him; and
the rule contained in Regulation XLVI. 1793, for preventing such
groundless and vexatious suits, by subjecting the party preferring them to
confinement for a period not exceeding three months, not having been
found sufficient for this purpose, the Honourable the Vice-President in
Council, to provide more effectually against so flagrant an abuse, as well
as to relieve the parties who may be affected thereby, has enacted the
following additional rules, to be in force as soon as promulgated through-
out the provinces of Bengal, Behar, Benares, and that part of Orissa
which is subject to the dominion of the Company.
REGULATION III.
[A.D. 1802.
Reg. m. 1802. A.D. 1802. REGULATION III.
A REGULATION jO?' ^Az? VccMzVz/ m
C7vV 6hz2.s^.$-; %%G? yb?' o/ AAc VAzzA.s coTzce^Tzm^ ^Ag
o/ CAuz/ p7'6/grr<$^ Ay A'^zzygz'.y; PASSED Ay ^Ac Go^C7-72or-
(7^7267'a? 272 A7oM72C2^, 072 ^Ao 22727f H^7'2/, 1802.
1. THAT persons unable to attend the courts of justice in person, or to
give the security required by Regulation VII. 1793, for the payment of the
fees of a pleader, or to pay the institution fee upon original suits and
appeals, established by Regulation VI. 1797, might not be precluded by
such inability from suing for the recovery of their rights in the Civil
Courts of Judicature, or from obtaining the assistance of the pleaders
attached to these courts in the prosecution of their claims, provisions have
been made by Regulation XLVI. 1793 (extended to Benares by Regula-
tion XXIII. 1795), and by Section IX. Regulation VI. 1797, whereby all
persons making oath of their inabiiity to pay the prescribed institution
fee, and to give the security required for the fees of a pleader (if they are
desirous of entertaining a pleader), and producing two credible witnesses
to verify the same, with sureties for their personal appearance, are
admitted to sue as paupers in the Zillah and City Courts ; and also to pro-
secute appeals from the decisions of these courts in the Provincial Courts
of Appeal and Sudder Dewanny Adawlut, without any expense whatever,
unless they shall afterwards be found to possess property sufficient to make
good the amount of the prescribed fees; at the same time, the parties
sued by such paupers, in addition to the charge usually incurred in
procuring the security required from the defendants by Section V. Regu-
lation IV. 1793, and Section III. Regulation XI. 1797, are liable to a
considerable charge for the fees of pleaders necessarily employed by them
to defend the original suit or appeals, for which they can seldom obtain
any indemnification from the pauper plaintiff and appellant, although the
claim of the latter should be dismissed in every court. Under these cir-
cumstances, the provisions made for facilitating the attainment of .justice
to paupers have been perverted by them to the means of injustice and
persecution by groundless and exaggerated claims, which are prosecuted,
as far as the Regulations will allow, with a view to harass the defendant,
or to compel his admission of what may not be justly due from him; and
the rule contained in Regulation XLVI. 1793, for preventing such
groundless and vexatious suits, by subjecting the party preferring them to
confinement for a period not exceeding three months, not having been
found sufficient for this purpose, the Honourable the Vice-President in
Council, to provide more effectually against so flagrant an abuse, as well
as to relieve the parties who may be affected thereby, has enacted the
following additional rules, to be in force as soon as promulgated through-
out the provinces of Bengal, Behar, Benares, and that part of Orissa
which is subject to the dominion of the Company.