Clarke, Richard [Editor]: 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)

196

REGULATION IV.

[A.D. 1812.

Reg. IV. 1812.

How claims of sove-
reign native princes on
individuals may be pro-
secuted and decided
upon.

The Governor-Gene-
ral inCouncilmayor-
der the public officers
to defend suits brought
by individuals against
such sovereign native
princes.

By whom suits so
instituted or defended
shail be conducted.

A.D. 1812. REGULATION IV.
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1812.
I. AVHEREAS, with the view of preserving inviolate the rights of indivi-
duals, the British Government has rendered itself amenable to the courts
established for the administration of justice in civil cases throughout the
provinces of Bengal, Behar, Orissa, and Benares, and in the Ceded and
Conquered Provinces ; and whereas, in the same spirit of equity, the Go-
vernment has precluded itself from deciding by its own authority on dis-
puted claims to property of every description in which it may be a party
with any of its subjects, except in cases expressly reserved to its decision
or to that of the subordinate executive authorities by the existing Regu-
lations ; and whereas the sovereigns of adjacent states have occasionally
claims to prefer, or rights to defend as individuals in the territories of the
British Government, and difficulties having occurred in prosecuting or de-
fending such claims, from the reluctance felt by those princes to appear
as plaintiffs or defendants in the courts of judicature, the following rules
have been passed, to be in force from the period of their promulgation
throughout the territories immediately dependent on the presidency of
Fort Wiliiam.
II. Az7'6/. In cases in which sovereign native princes, whether residing
within the British territories or otherwise, shall have claims to prefer, as
individuals, to lands or other things, the cognizance of which is vested by
the general constitution of the country in the courts of civil judicature, it
shall be competent to the Governor-General in Council to order a suit to
be instituted, through the medium of the public officers, for the recovery
of the lands or other things which may be so claimed, in the court which,
on the principles of the general Regulations, is authorized to inquire into
and decide upon the right to the disputed property.
N66072G?. In like manner, should a suit be instituted in any of the esta-
blished courts of civil judicature, by any zemindar or other person, for the
recovery of lands or other things in the occupancy of any native prince,
whom it would be improper to require to defend the action himself, it shalf
be competent to the Governor-General in Council to order such suit to be
defended by the public officers.
III. Suits which may be instituted or defended under the preceding
section shall be conducted by the collectors of the land revenue, aided by
the vakeels of Government at the City, Zillah, 72722/ Ab*276273C3Z2/ 6b227'/6, and at
the Sudder Dewanny Adawlut, under the directions of the Board of Re-
venue in the provinces of Bengal, Behar, and Orissa, and of the Board 27/