DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0865
A.D. 1805.] REGULATION XIV. 807
III. A Court of Adawlut shall be established in the zillah of Cuttack
for the trial of civil suits in the hrst instance.
IV. The jurisdiction of the Zillah Court of Cuttack shall not extend to
the pergunnahs of Puttespore, Kummardichour, and Bograe, at present
annexed to the zillah of Midnapore ; provided, however, that it shall be
competent for the Governor-General in Council, by an order in Council, to
make any alteration in the limits of the said zillah which shall appear to
him to be expedient.
V. The Courts of Adawlut are prohibited from hearing, trying, or
determining the merits of any civil suit whatever in the zillah of Cuttack,
including the above-mentioned pergunnahs, if the cause of action shall
have arisen at a period being twelve years antecedent to the 14th day of
October, 1803, the date on which the fort and town of Cuttack were sur-
rendered to the British arms.
VI. It is to be understood that the powers vested in the Zillah Courts by
the foregoing clause to receive and try suits, in which the cause of action
shall have originated prior to the 14th of October, 1803, are to be
restricted to the trial of suits of a private nature between individuals, of
which cognizance would have been taken by the courts, officers, or autho-
rities, established for the administration of justice under the government
of Maha Rajah Raghoojee Bhoonslah; and that such powers are not to be
considered to extend to authorizing the Zillah Courts to take cognizance
of any civil suits originating in acts of the Maha Rajah's government or of
his officers, or in engagements contracted by individuals with the officers of
the Maha Rajah's government in their official capacities, and of which,
according to the usages of their government, cognizance would not have
been allowed to be taken by the persons intrusted with the exercise of
judicial authority. This rule shall likewise be considered to be applicable
to any suits in the zemindaries of Aul, Cqjung, Puttrah, Hurrishpore, Mu-
ritchpore, Bishenpore, Kunkah, and Kordah, or in which the zemindars,
talookdars, farmers, ryots, or other inhabitants of those mohauls, may be
parties, either as plaintiffs or defendants, and of which, according to the
policy observed by the late Mahratta Government with respect to those
mohauls, cognizance would not have been taken by the judicial officers of
that? government.
VII. If any Zillah Court shall entertain doubts whether any suit pre-
ferred to it is cognizable by it under the restrictions contained in the pre-
ceding section, such court shall state the circumstances fo ^6
o/ Appeal, wAzcA cozok .s/W/' -zckA fly opamwz
to the Sudder Dewanny Adawlut; and the Sudder Dewanny
Adawlut shall submit the case to the Governor-General in Council, and
shall abide by such orders as he may pass with regard to the admission or
rejection of the suit.
VIII. After the period of twelve years shall have elapsed from the date
of the conquest of the pro duce of Cuttack, the Courts of Adawlut are
prohibited from hearing, trying, or determining the merits of any civil suit,
A Court of Adawlut
established in zillah
Cuttack for the trial of
civil suits. ' ,
Jurisdiction of the
Zillah Court of Cuttack
shall not extend to cer-
tain pergunnahs an-
nexed to the zillah of
Midnapore.
Competent to the
Governor-General in
Council to alter the
limits of such juris-
diction.
Courts of Adawlut
prohibited from hear-
ing, trying, or deciding
civil suits, wherein the
cause of action shall
have arisen twelve years
antecedent to the 14th
October, 1803.
Such restriction to
extend to cases of a
private nature between
individuals, of which
cognizance would have
been taken by the au-
thorities established un-
der the former Govern-
ment, but not to civil
suits originating in acts
or engagements of the
officers of the former
Government in their
official capacities, or to
suits in certain zemin-
daries, of which cog-
nizance -would not have
been taken under the
former Government.
How the Zillah Courts
are to proceed in cases
wherein they may en-
tertain doubts whether
suits are cognizable
under the preceding
section.
Courts prohibited
from hearing, trying,
and deciding any suit
wherein the cause of
III. A Court of Adawlut shall be established in the zillah of Cuttack
for the trial of civil suits in the hrst instance.
IV. The jurisdiction of the Zillah Court of Cuttack shall not extend to
the pergunnahs of Puttespore, Kummardichour, and Bograe, at present
annexed to the zillah of Midnapore ; provided, however, that it shall be
competent for the Governor-General in Council, by an order in Council, to
make any alteration in the limits of the said zillah which shall appear to
him to be expedient.
V. The Courts of Adawlut are prohibited from hearing, trying, or
determining the merits of any civil suit whatever in the zillah of Cuttack,
including the above-mentioned pergunnahs, if the cause of action shall
have arisen at a period being twelve years antecedent to the 14th day of
October, 1803, the date on which the fort and town of Cuttack were sur-
rendered to the British arms.
VI. It is to be understood that the powers vested in the Zillah Courts by
the foregoing clause to receive and try suits, in which the cause of action
shall have originated prior to the 14th of October, 1803, are to be
restricted to the trial of suits of a private nature between individuals, of
which cognizance would have been taken by the courts, officers, or autho-
rities, established for the administration of justice under the government
of Maha Rajah Raghoojee Bhoonslah; and that such powers are not to be
considered to extend to authorizing the Zillah Courts to take cognizance
of any civil suits originating in acts of the Maha Rajah's government or of
his officers, or in engagements contracted by individuals with the officers of
the Maha Rajah's government in their official capacities, and of which,
according to the usages of their government, cognizance would not have
been allowed to be taken by the persons intrusted with the exercise of
judicial authority. This rule shall likewise be considered to be applicable
to any suits in the zemindaries of Aul, Cqjung, Puttrah, Hurrishpore, Mu-
ritchpore, Bishenpore, Kunkah, and Kordah, or in which the zemindars,
talookdars, farmers, ryots, or other inhabitants of those mohauls, may be
parties, either as plaintiffs or defendants, and of which, according to the
policy observed by the late Mahratta Government with respect to those
mohauls, cognizance would not have been taken by the judicial officers of
that? government.
VII. If any Zillah Court shall entertain doubts whether any suit pre-
ferred to it is cognizable by it under the restrictions contained in the pre-
ceding section, such court shall state the circumstances fo ^6
o/ Appeal, wAzcA cozok .s/W/' -zckA fly opamwz
to the Sudder Dewanny Adawlut; and the Sudder Dewanny
Adawlut shall submit the case to the Governor-General in Council, and
shall abide by such orders as he may pass with regard to the admission or
rejection of the suit.
VIII. After the period of twelve years shall have elapsed from the date
of the conquest of the pro duce of Cuttack, the Courts of Adawlut are
prohibited from hearing, trying, or determining the merits of any civil suit,
A Court of Adawlut
established in zillah
Cuttack for the trial of
civil suits. ' ,
Jurisdiction of the
Zillah Court of Cuttack
shall not extend to cer-
tain pergunnahs an-
nexed to the zillah of
Midnapore.
Competent to the
Governor-General in
Council to alter the
limits of such juris-
diction.
Courts of Adawlut
prohibited from hear-
ing, trying, or deciding
civil suits, wherein the
cause of action shall
have arisen twelve years
antecedent to the 14th
October, 1803.
Such restriction to
extend to cases of a
private nature between
individuals, of which
cognizance would have
been taken by the au-
thorities established un-
der the former Govern-
ment, but not to civil
suits originating in acts
or engagements of the
officers of the former
Government in their
official capacities, or to
suits in certain zemin-
daries, of which cog-
nizance -would not have
been taken under the
former Government.
How the Zillah Courts
are to proceed in cases
wherein they may en-
tertain doubts whether
suits are cognizable
under the preceding
section.
Courts prohibited
from hearing, trying,
and deciding any suit
wherein the cause of