DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0042
32
REGULATION'XV.
[A.D. 1806.
Cases in which ma- III. Whenever an European British subject shall be charged before a
accuser person^ o^hl ziHah or city magistrate who has not* taken the oaths of qualification as
above description, with a justice of the peace, with a criminal offence which according to the law
Maiesty'V^j^tices ^of of England may not be bailable, and the magistrate, after making the
the peace at Caicutta. necessary inquiry on the subject, shall be of opinion that there are grounds
for bringing the person accused to trial before the Supreme Court of
Judicature, the magistrate shall send the person accused under safe cus-
tody to his Majesty's justices of the peace at the police office in Calcutta,
accompanied by the witnesses against the prisoner, with a letter stating
the naturae of the case, and requesting that the justices at Calcutta will
take the necessary measures for bringing the person accused to trial before
Proceedings and trans- the Supreme Court of Judicature. The magistrate by whom the prisoner
for^Lded^o Gowrn- may be sent to Calcutta shall, at the same time, transmit a copy of all the'
nent. proceedings held on the occasion (together with translations of any papers
not being in the English language) to the secretary to the Government
in the judicial department, to enable the Governor-General in Council
to determine whether the prosecution should be undertaken by the law
officers of Government and at the public expense, or otherwise.
Parts of Sec. ii. Reg.
II. 1796, and of Sec.
xix. Reg. VI. 1803,
superseded.
IV. The foregoing rule, of course, supersedes such part of Section II.
Regulation II. 1796, and of Section XIX. Regulation VI. 1803, which
directs, " that a report of the case shall be made at the same time to the
Court of Nizamut Adawlut, who, on the arrival of the accused at the
presidency, are to instruct the Company's attorney to take the necessary
measures for his commitment and trial at the ensuing sessions."
V. Whenever any person shall charge an European British subject
before a magistrate who has not taken the oaths of qualification as a justice
of the peace, with a bailable offence, it shall be the duty of the magistrate
to explain to the complainant the course which he should pursue for the
purpose of obtaining redress ; that is, by application to the justices of the
peace at Calcutta or to the grand jury. It shall likewise be the dutv of
the magistrate, after calling upon the person accused for his reply to the
complaint, to report the case to the Governor-General in Council; at the
same time stating, on a consideration of the distance at which the parties
may reside from the presidency, of the poverty of the complainant, or of
other circumstances, whether it would, in the opinion of the magistrate, be
proper that the expense of the prosecution should be defrayed by Govern-
ment. The Governor-General in Council, on receipt of such report, will
pass such orders on the subject as may appear to him to be advisable;
and will at the same time direct, in cases which may appear to require
it, that the prosecution shall be conducted by the law officers of the
Company.
1799, modified.
VI. Section VII. Regulation V. 1799, prescribes rules for the guidance
of the zillah and city judges, with respect to the charge of the unclaimed
assets of estates of Europeans dying intestate. It being however enacted,
in Statute XXXIX. Geo. III. Chapter 79, Section 21, that whenever
* By Sec. iv. Reg. II. 1796, all magistrates were required to take the oath of qualihcation
as justices of the peace within six months from the date of their appointment; and by
Act XVI. 1841, they may qualify before any Civil or Criminal Court of Justice.
REGULATION'XV.
[A.D. 1806.
Cases in which ma- III. Whenever an European British subject shall be charged before a
accuser person^ o^hl ziHah or city magistrate who has not* taken the oaths of qualification as
above description, with a justice of the peace, with a criminal offence which according to the law
Maiesty'V^j^tices ^of of England may not be bailable, and the magistrate, after making the
the peace at Caicutta. necessary inquiry on the subject, shall be of opinion that there are grounds
for bringing the person accused to trial before the Supreme Court of
Judicature, the magistrate shall send the person accused under safe cus-
tody to his Majesty's justices of the peace at the police office in Calcutta,
accompanied by the witnesses against the prisoner, with a letter stating
the naturae of the case, and requesting that the justices at Calcutta will
take the necessary measures for bringing the person accused to trial before
Proceedings and trans- the Supreme Court of Judicature. The magistrate by whom the prisoner
for^Lded^o Gowrn- may be sent to Calcutta shall, at the same time, transmit a copy of all the'
nent. proceedings held on the occasion (together with translations of any papers
not being in the English language) to the secretary to the Government
in the judicial department, to enable the Governor-General in Council
to determine whether the prosecution should be undertaken by the law
officers of Government and at the public expense, or otherwise.
Parts of Sec. ii. Reg.
II. 1796, and of Sec.
xix. Reg. VI. 1803,
superseded.
IV. The foregoing rule, of course, supersedes such part of Section II.
Regulation II. 1796, and of Section XIX. Regulation VI. 1803, which
directs, " that a report of the case shall be made at the same time to the
Court of Nizamut Adawlut, who, on the arrival of the accused at the
presidency, are to instruct the Company's attorney to take the necessary
measures for his commitment and trial at the ensuing sessions."
V. Whenever any person shall charge an European British subject
before a magistrate who has not taken the oaths of qualification as a justice
of the peace, with a bailable offence, it shall be the duty of the magistrate
to explain to the complainant the course which he should pursue for the
purpose of obtaining redress ; that is, by application to the justices of the
peace at Calcutta or to the grand jury. It shall likewise be the dutv of
the magistrate, after calling upon the person accused for his reply to the
complaint, to report the case to the Governor-General in Council; at the
same time stating, on a consideration of the distance at which the parties
may reside from the presidency, of the poverty of the complainant, or of
other circumstances, whether it would, in the opinion of the magistrate, be
proper that the expense of the prosecution should be defrayed by Govern-
ment. The Governor-General in Council, on receipt of such report, will
pass such orders on the subject as may appear to him to be advisable;
and will at the same time direct, in cases which may appear to require
it, that the prosecution shall be conducted by the law officers of the
Company.
1799, modified.
VI. Section VII. Regulation V. 1799, prescribes rules for the guidance
of the zillah and city judges, with respect to the charge of the unclaimed
assets of estates of Europeans dying intestate. It being however enacted,
in Statute XXXIX. Geo. III. Chapter 79, Section 21, that whenever
* By Sec. iv. Reg. II. 1796, all magistrates were required to take the oath of qualihcation
as justices of the peace within six months from the date of their appointment; and by
Act XVI. 1841, they may qualify before any Civil or Criminal Court of Justice.