DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0645
A.D. 1802.]
REGULATION III.
587
Modified by
Sec.ii.Reg.il.
1806.
Reg. XXVI.
1814.
' II. In all cases of suits preferred in the Zillah or City Courts, whether
by paupers or by others, the judge before whom the suit may be instituted
is authorized to fix the extent of the security to be required for the
appearance of the defendant, in conformity to Section V. Regulation IV.
1793 (extended to Benares by Regulation VIII. 1795), and for which a
form of bond is prescribed in Section III. Regulation XI. 1797, viz. the
judge shall exercise his discretion with respect to the responsibility of the
surety or sureties to be found by the defendant for his personal attend-
ance when required, as specified in the above Regulations ; and in the
first instance, whatever may be the claim of the plaintiff! shall demand
from the defendant such security only as may appear necessary to secure
his appearance during the trial of the suit. Provided, that if at any time
in the course of the trial the security so taken from the defendant shall
appear to the judge insufficient, he is authorized and required to take
such further security as he may think necessary to secure the appearance
kof the defendant; and if judgment be given against the defendant in the
Zillah or City Court, the judge shall immediately proceed to execute such
judgment in conformity to the Regulations ; or if the case be appealable,
and an appeal be lodged in the mode prescribed by the Regulations, shall
immediately take the security therein directed for staying the execution
of decrees in cases of appeal. In like manner, during the trial of an appeal
from the decree of a Zillah or City Court in favour of the original defen-
dant, if the TVozimczaJ Cozz?^ before whom such appeal may be depending
shall see ground to believe that the personal security taken from the
respondent is insufficient, it is authorized and required to take from
him such further security as it may judge necessary; and in the event
of its passing judgment against the respondent, shall immediately proceed
as above directed with respect to judgments against defendants in the
Zillah or City Courts. In all cases of appeal to the Sudder Dewannv
Adawlut, that court is also authorized to take any additional security it
may judge necessary, as already provided with respect to security for
staying the execution of decrees, by Section III. Regulation V. 1798.
III. [Fees to pleaders in pauper cases.]—7tk.$cz?z&7 <^z/ Nec^zozz 77.
7qqzz47zo7z A7V U77. %?z7 77. Ttlqqzz/^zozz A7UE777. 1814.
IV. [Powers granted by the two preceding sections vested in the regis-
ters.]—/q/ a^o/z^zozz q/* Me q^Tzce q/ z-qqzVdr.
V. [Return of institution fees in appeals from decisions in pauper suits.]
—72&$cz?z&7 /S'etTiozz 77. TkqM^zozz AfAf UT7 %?z7 /Sgc^zozz 77. 7kyz7a-
^zzXAfE777.1814.
VI. [Imprisonment of litigious paupers.]—7k.$cz?z&7 ^ ^c^'ozz 77
TkqzzJa^'czz XLUE777. 1814.
The ziltah and city
judges authorized to
exercise their discretion
with respect to security
for the appearance of
The Sudder Dewanny
Adawlut vested with
like power in similar
cases.
4 F 2
REGULATION III.
587
Modified by
Sec.ii.Reg.il.
1806.
Reg. XXVI.
1814.
' II. In all cases of suits preferred in the Zillah or City Courts, whether
by paupers or by others, the judge before whom the suit may be instituted
is authorized to fix the extent of the security to be required for the
appearance of the defendant, in conformity to Section V. Regulation IV.
1793 (extended to Benares by Regulation VIII. 1795), and for which a
form of bond is prescribed in Section III. Regulation XI. 1797, viz. the
judge shall exercise his discretion with respect to the responsibility of the
surety or sureties to be found by the defendant for his personal attend-
ance when required, as specified in the above Regulations ; and in the
first instance, whatever may be the claim of the plaintiff! shall demand
from the defendant such security only as may appear necessary to secure
his appearance during the trial of the suit. Provided, that if at any time
in the course of the trial the security so taken from the defendant shall
appear to the judge insufficient, he is authorized and required to take
such further security as he may think necessary to secure the appearance
kof the defendant; and if judgment be given against the defendant in the
Zillah or City Court, the judge shall immediately proceed to execute such
judgment in conformity to the Regulations ; or if the case be appealable,
and an appeal be lodged in the mode prescribed by the Regulations, shall
immediately take the security therein directed for staying the execution
of decrees in cases of appeal. In like manner, during the trial of an appeal
from the decree of a Zillah or City Court in favour of the original defen-
dant, if the TVozimczaJ Cozz?^ before whom such appeal may be depending
shall see ground to believe that the personal security taken from the
respondent is insufficient, it is authorized and required to take from
him such further security as it may judge necessary; and in the event
of its passing judgment against the respondent, shall immediately proceed
as above directed with respect to judgments against defendants in the
Zillah or City Courts. In all cases of appeal to the Sudder Dewannv
Adawlut, that court is also authorized to take any additional security it
may judge necessary, as already provided with respect to security for
staying the execution of decrees, by Section III. Regulation V. 1798.
III. [Fees to pleaders in pauper cases.]—7tk.$cz?z&7 <^z/ Nec^zozz 77.
7qqzz47zo7z A7V U77. %?z7 77. Ttlqqzz/^zozz A7UE777. 1814.
IV. [Powers granted by the two preceding sections vested in the regis-
ters.]—/q/ a^o/z^zozz q/* Me q^Tzce q/ z-qqzVdr.
V. [Return of institution fees in appeals from decisions in pauper suits.]
—72&$cz?z&7 /S'etTiozz 77. TkqM^zozz AfAf UT7 %?z7 /Sgc^zozz 77. 7kyz7a-
^zzXAfE777.1814.
VI. [Imprisonment of litigious paupers.]—7k.$cz?z&7 ^ ^c^'ozz 77
TkqzzJa^'czz XLUE777. 1814.
The ziltah and city
judges authorized to
exercise their discretion
with respect to security
for the appearance of
The Sudder Dewanny
Adawlut vested with
like power in similar
cases.
4 F 2