DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0197
Modified by
Act VII.1846.
A.D. 1812.] REGULATION III. 187
prosecutions themselves; and whereas it is essential to the maintenance
of an efficient police, that zemindars, farmers, and others, should furnish
the magistrates with punctual information of all robberies committed
within the limits of the estate or farm held or managed by them; it being
moreover necessary to make provision for the execution of sentences
passed by the superintendents of police ; and whereas it is essential to
provide for the more prompt and exemplary punishment of pikes and other
viilage watchmen when convicted of misconduct or gross neglect; and it
having been likewise judged advisable to modify the rules at present in
force respecting the aid which persons distraining for the recovery of
arrears of rent should receive from the officers of police ; and whereas it
is expedient to call forth by ali proper means the exertions of the zemin-
dars, farmers, and others, in the apprehension of persons who may have
broken gaol or have otherwise effected their escape, of persons for the
apprehension of whom proclamations may have been issued, and of other
persons who may have eluded the pursuits of justice ; the following rules
have been enacted by the Governor-General in Council, to be in force from
the period of their promulgation throughout the territories immediately
dependent on the presidency of Fort William.
z' II. By Section IV. Regulation VII. 1811, it is provided, that
whenever process may be issued by a magistrate in consequence of any
charge of adultery, fornication, rape, calumny, abusive language, slight
trespass or inconsiderable assault (with the exception, however, of cases of
maihern, actual affrays, and tumultuary assemblies of the people), such pro-
cess shall be served by peons or other persons who shall be authorized by
the magistrate to demand and receive tullubana according to the established
rate; such tullubana to be paid in the first instance by the party at whose
complaint the process may be issued. It being further necessary to make
provision for the payment of the subsistence of witnesses in cases of the*
above nature, it is hereby declared that no process shall be issued for the
attendance of witnesses on any charge of adultery, fornication, calumny,
abusive language, slight trespass, or inconsiderable assault, unless the per-
son by whom such charge shall be preferred shall deposit in the hands of
the nazir a sufficient sum for the maintenance of the witnesses who may
be summoned on his application (being persons residing at a greater dis-
tance than five coss from the magistrate's cutcherry) for their support
during the period of one month, at such rate as may be fxed by the
magistrate in each case, not being, however, in any instance less than one
anna, or more than three annas per day for each witness.
Should the detention of the witnesses from their homes be less
than one month, the witnesses shall be only deemed entitled to subsistence
during the period that they may have been necessarily absent in attendance
at the magistrate's cutcherry, in proceeding thither, and in returning to
their homes ; and the surplus of the money which may have been deposited
by the prosecutor shall be returned to him.
TAA'A On the other hand, should the witnesses be detained in attendance
on the magistrate during a longer period than that above specified, the
prosecutor shall deposit, at the expiration of each month, such further sum
as may be necessary for the subsistence of his witnesses during the month
next ensuing, until the case shall have been finally disposed of or the wit-
2 B 2
No process for the
attendance of witnesses
to give evidence in cer-
tain cases to be issued,
unless the person by
whom the charge may
be preferred shall depo -
sit in the hands of the
nazir a sufiicient sum
for the maintenance of
the witnesses during the
period of one month.
Should the witnesses
be detained less than a
month, the surplus of
the deposit-money shail
be returned to the pro-
secutor.
If the detention of
the witnesses be for a
the expiration of each
month a further sum ;
Act VII.1846.
A.D. 1812.] REGULATION III. 187
prosecutions themselves; and whereas it is essential to the maintenance
of an efficient police, that zemindars, farmers, and others, should furnish
the magistrates with punctual information of all robberies committed
within the limits of the estate or farm held or managed by them; it being
moreover necessary to make provision for the execution of sentences
passed by the superintendents of police ; and whereas it is essential to
provide for the more prompt and exemplary punishment of pikes and other
viilage watchmen when convicted of misconduct or gross neglect; and it
having been likewise judged advisable to modify the rules at present in
force respecting the aid which persons distraining for the recovery of
arrears of rent should receive from the officers of police ; and whereas it
is expedient to call forth by ali proper means the exertions of the zemin-
dars, farmers, and others, in the apprehension of persons who may have
broken gaol or have otherwise effected their escape, of persons for the
apprehension of whom proclamations may have been issued, and of other
persons who may have eluded the pursuits of justice ; the following rules
have been enacted by the Governor-General in Council, to be in force from
the period of their promulgation throughout the territories immediately
dependent on the presidency of Fort William.
z' II. By Section IV. Regulation VII. 1811, it is provided, that
whenever process may be issued by a magistrate in consequence of any
charge of adultery, fornication, rape, calumny, abusive language, slight
trespass or inconsiderable assault (with the exception, however, of cases of
maihern, actual affrays, and tumultuary assemblies of the people), such pro-
cess shall be served by peons or other persons who shall be authorized by
the magistrate to demand and receive tullubana according to the established
rate; such tullubana to be paid in the first instance by the party at whose
complaint the process may be issued. It being further necessary to make
provision for the payment of the subsistence of witnesses in cases of the*
above nature, it is hereby declared that no process shall be issued for the
attendance of witnesses on any charge of adultery, fornication, calumny,
abusive language, slight trespass, or inconsiderable assault, unless the per-
son by whom such charge shall be preferred shall deposit in the hands of
the nazir a sufficient sum for the maintenance of the witnesses who may
be summoned on his application (being persons residing at a greater dis-
tance than five coss from the magistrate's cutcherry) for their support
during the period of one month, at such rate as may be fxed by the
magistrate in each case, not being, however, in any instance less than one
anna, or more than three annas per day for each witness.
Should the detention of the witnesses from their homes be less
than one month, the witnesses shall be only deemed entitled to subsistence
during the period that they may have been necessarily absent in attendance
at the magistrate's cutcherry, in proceeding thither, and in returning to
their homes ; and the surplus of the money which may have been deposited
by the prosecutor shall be returned to him.
TAA'A On the other hand, should the witnesses be detained in attendance
on the magistrate during a longer period than that above specified, the
prosecutor shall deposit, at the expiration of each month, such further sum
as may be necessary for the subsistence of his witnesses during the month
next ensuing, until the case shall have been finally disposed of or the wit-
2 B 2
No process for the
attendance of witnesses
to give evidence in cer-
tain cases to be issued,
unless the person by
whom the charge may
be preferred shall depo -
sit in the hands of the
nazir a sufiicient sum
for the maintenance of
the witnesses during the
period of one month.
Should the witnesses
be detained less than a
month, the surplus of
the deposit-money shail
be returned to the pro-
secutor.
If the detention of
the witnesses be for a
the expiration of each
month a further sum ;