DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0677
REGULATION VIII.
619
A.D. 1803.]
instead of being delivered to parties to be served on tbeir own witnesses,
as admitted, at the discretion of the judges, in civil cases.
NAxmol The power of committing to close custody, and fining in a sum
not exceeding five hundred rupees, any witness duly summoned, and after
receiving the summons not attending as thereby required, or although
attending, refusing to give evidence and sign his deposition, which by the
section above mentioned is vested in the judges of the Civil Courts, shall
be considered to be equally vested in the zillah magistrates, and in the
of and Nizamut Adawlut. But witnesses attending and
refusing to give evidence, whether in the Civil or Criminal Courts, shall, in
the first instance, be committed to custody only: and shall be called upon
a second time, after such interval as may by the court be judged sufficient
(not being less than one entire day); when, if the witness persist in his
refusal to give evidence, he shall be fined in proportion to his situation in
fife (not exceeding the amount limited) and confined' in the gaol of the
Civil Court until the fine be discharged ; or for such period of imprisonment
as may be fixed in lieu of .the fine, under Section XXXIX. Regulation VII.
1803; or if the cause or trial in which the evidence of the witness may
be requisite shall be still depending, until he shall consent to give his
evidence therein; after which, in such case, he shall be released and the
fine remitted.
TAGY. Provided, however, that it be not considered necessary that any
trial before the do227^ qf be postponed to a future session for the
evidence of a witness confined under this section, unless the judge of cd-
C22Y should tlnnk it proper to postpone the same on this account, under
the discretion vested in him by Section XVII. Regulation VII. 1803 ;
nor shall it be necessary to postpone the decision of any case, civil or
criminal, for the evidence of a witness so confined, beyond such period as
may appear proper to the court before which the suit or trial may be
depending.
Y0227AA. Provided also, that all fines imposed by the zillah magistrates
under this section, whether for the non-attendance of witnesses duly sum-
moned or for the refusal to give evidence, shall be reported at the next
ensuing gaol delivery, with all proceedings relative thereto, to the judges
oftheUoz^o/'TVrcMz'G* who, in the event of any representation being
made to them relative to such fine, are to examine the magistrate's pro-
ceedings, and report to the Nizamut Adawlut (as required in other cases
by Section XVII. Regulation VI. 1803), if the fine shall appear to be
immoderate, or to have been imposed on insufficient grounds; or if
otherwise, are to inform the party complaining by a written order on his
petition.
YU/iY. In charges preferred, and prosecutions conducted on the part of
Government, the vakeel of Government, or other person acting as prose-
cutor for Government, shall not be required to make oath, or subscribe a
^Supersededby declaration, to the truth of the charge, when preferring it to the magis-
trate or stating it before the do227^ o/* Ub'CMhh
AYuA. XAe dGY iVi'cchU G/ f /Y. iVgVGVM /W.
1803, ^ piiiAVs -?22cA 2xhA,s 2Z.s 772222/ G coM.S'f&rcA
77227U GYUmq w?, fAU?' C2772..sc26726'6.y, accorAVq /o A Ur rc.sycUVe rU2g2022.s' per-
-S2222.S22772,S. Y'Ac .S'227226 7'72V A G G oAs'67'2762^ G/ Gd 6Y2772 2 72 22/ domUs ; 272-
%27^A, .sAw/M 22 YA2722U0 y)227'(y 07' 2Cp726.y.S U22A 27^/6cA'072.S Ud 2232222^ ^277'772 27/*
4x2
confined, beyond such
period as the court shall
deem proper.
q/CircMzif, who, on re-
presentation made to
them, are to examine,
and report to the Niza-
mut Adawlut, should
they deem the fines
a declaration in prose-
cutions on the part of
Government.
A j?ar2 q/* <Sec. wh
Rey. 177. 1803, ear-
2ew<7e<7 2o 2/;e CrMTMwa/
CoMr2^, wAo, a&weJ/aA-
2Ae Cz'vR CoMr2^, ?way
a<7w2?M'i'2er wcA
q/*oa2^ as way
2eya7, a^7 ^eewie<7 2u'?:7-
619
A.D. 1803.]
instead of being delivered to parties to be served on tbeir own witnesses,
as admitted, at the discretion of the judges, in civil cases.
NAxmol The power of committing to close custody, and fining in a sum
not exceeding five hundred rupees, any witness duly summoned, and after
receiving the summons not attending as thereby required, or although
attending, refusing to give evidence and sign his deposition, which by the
section above mentioned is vested in the judges of the Civil Courts, shall
be considered to be equally vested in the zillah magistrates, and in the
of and Nizamut Adawlut. But witnesses attending and
refusing to give evidence, whether in the Civil or Criminal Courts, shall, in
the first instance, be committed to custody only: and shall be called upon
a second time, after such interval as may by the court be judged sufficient
(not being less than one entire day); when, if the witness persist in his
refusal to give evidence, he shall be fined in proportion to his situation in
fife (not exceeding the amount limited) and confined' in the gaol of the
Civil Court until the fine be discharged ; or for such period of imprisonment
as may be fixed in lieu of .the fine, under Section XXXIX. Regulation VII.
1803; or if the cause or trial in which the evidence of the witness may
be requisite shall be still depending, until he shall consent to give his
evidence therein; after which, in such case, he shall be released and the
fine remitted.
TAGY. Provided, however, that it be not considered necessary that any
trial before the do227^ qf be postponed to a future session for the
evidence of a witness confined under this section, unless the judge of cd-
C22Y should tlnnk it proper to postpone the same on this account, under
the discretion vested in him by Section XVII. Regulation VII. 1803 ;
nor shall it be necessary to postpone the decision of any case, civil or
criminal, for the evidence of a witness so confined, beyond such period as
may appear proper to the court before which the suit or trial may be
depending.
Y0227AA. Provided also, that all fines imposed by the zillah magistrates
under this section, whether for the non-attendance of witnesses duly sum-
moned or for the refusal to give evidence, shall be reported at the next
ensuing gaol delivery, with all proceedings relative thereto, to the judges
oftheUoz^o/'TVrcMz'G* who, in the event of any representation being
made to them relative to such fine, are to examine the magistrate's pro-
ceedings, and report to the Nizamut Adawlut (as required in other cases
by Section XVII. Regulation VI. 1803), if the fine shall appear to be
immoderate, or to have been imposed on insufficient grounds; or if
otherwise, are to inform the party complaining by a written order on his
petition.
YU/iY. In charges preferred, and prosecutions conducted on the part of
Government, the vakeel of Government, or other person acting as prose-
cutor for Government, shall not be required to make oath, or subscribe a
^Supersededby declaration, to the truth of the charge, when preferring it to the magis-
trate or stating it before the do227^ o/* Ub'CMhh
AYuA. XAe dGY iVi'cchU G/ f /Y. iVgVGVM /W.
1803, ^ piiiAVs -?22cA 2xhA,s 2Z.s 772222/ G coM.S'f&rcA
77227U GYUmq w?, fAU?' C2772..sc26726'6.y, accorAVq /o A Ur rc.sycUVe rU2g2022.s' per-
-S2222.S22772,S. Y'Ac .S'227226 7'72V A G G oAs'67'2762^ G/ Gd 6Y2772 2 72 22/ domUs ; 272-
%27^A, .sAw/M 22 YA2722U0 y)227'(y 07' 2Cp726.y.S U22A 27^/6cA'072.S Ud 2232222^ ^277'772 27/*
4x2
confined, beyond such
period as the court shall
deem proper.
q/CircMzif, who, on re-
presentation made to
them, are to examine,
and report to the Niza-
mut Adawlut, should
they deem the fines
a declaration in prose-
cutions on the part of
Government.
A j?ar2 q/* <Sec. wh
Rey. 177. 1803, ear-
2ew<7e<7 2o 2/;e CrMTMwa/
CoMr2^, wAo, a&weJ/aA-
2Ae Cz'vR CoMr2^, ?way
a<7w2?M'i'2er wcA
q/*oa2^ as way
2eya7, a^7 ^eewie<7 2u'?:7-