Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (2): Regulations from 1806 to 1834 (London, 1854)

188

REGULATION III.

[A.D. 1812.

or in case of failure,
his complaint to be dis-
missed.
Cases in which the
foregoingprovisions are
not intended to apply.
w

Account to be kept
by the Nazir of all sums
received and disbursed
on account of the sub-
from issuing any pro-
cess without previously
satisfying himself that


nesses discharged from their attendance. Should the prosecutor in any
instance fail to make the prescribed monthly deposit, the complaint shall
be immediately dismissed.
The foregoing provisions are not intended to apply to cases of
maihem, actual affrays, or tumultuary assemblies of the people, requiring
the immediate interposition of the police for the maintenance of the public
tranquillity. In such cases, as well as in charges for heinous crimes, the
subsistence of indigent prosecutors and witnesses will be defrayed by Go-
vernment. If, however, a prosecutor shall in any instance, by an exagge-
rated and perverted representation of the case, procure process to be issued
against any person for any such crime or public misdemeanor, and it shall
on inquiry appear that the case was nothing more than a slight trespass,
inconsiderable assault, or other trifling offence, such prosecutor shall be
held accountable for whatever sum may appear to be due from him for the
subsistence of his witnesses, on the principles stated in the three preceding
clauses of this section of the present Regulation. /
7V/M. It shall be the duty of the nazir to keep an accurate and par-
ticular account of all sums received and disbursed by him on account of
the subsistence of witnesses under this Regulation, which shall be
inspected monthly by the magistrate or his assistant.
With the view of further restraining the institution of prosecu-
tions for adultery, fornication, calumny, abusive language, trespasses, and
assaults, which ordinarily prove to be unfounded, misrepresented, or
greatly exaggerated, the magistrates are hereby strictly prohibited from
issuing any process on these, as well as charges for more heinous otfences,
without previously examining the prosecutor as to the specific facts of the
case, and satisfying themselves that adequate grounds exist for proceeding
against the accused party. In cases, likewise, in which the magistrate
shall see grounds to distrust the truth of a charge, he shall, previously to
issuing process against the accused, summon the witnesses named by the
prosecutor, or as many of them as he may judge proper, and examine
them as to their knowledge of the facts and circumstances which are the
subject of the complaint; but inquiries of this nature shall not on any
account be committed to the police darogahs, who are precluded from
taking cognizance of the cases to which this provision specially refers, by
EZZ. 1811. On occasions on which the magistrate may judge
it necessary to make the previous inquiry above noticed, the rules con-
tained in the preceding clauses of this section regarding the payment of
the subsistence of witnesses shall be duly enforced.
III. By Section IV. Regulation IX. 1807, a discretionary power is
vested in the magistrates to dispense, in certain cases, with the personal
attendance of persons having criminal charges to prefer, and to receive
charges of that nature from the authorized agents of such persons, pro-
vided that the facts alleged be to by some one personally informed
of the existence of them. Serious inconvenience having, however, been
experienced from the indiscriminate permission allowed to vakeels and
agents to conduct such prosecutions, it is hereby declared, that in ordi-
nary cases, individuals having charges of a criminal nature to prefer shall
attend in person to institute and conduct the prosecution before the

Modified by
Act VII. 1816.

xii. Re?. XX.
1817.