DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0292
282
REGULATION XXIII.
[A.D. 1814.
Moonsiffs to report
to the judge instances
from the prescribed
stamp paper.
The decision is to
be passed after conside-
ration of the pleadings,
exhibits, and evidence.
What shall be con-
tained in the decree.
may appear to be liti-
gious or vexatious.
Two copies of the
decree to be prepared
and tendered to the
The date of the ten-
der and the cause of
XXXVIII.* No fees shall be levied on exhibits filed before the
moonsiffs, and exhibits shall be received in snits depending before them,
without any derldiaust or written application for that purpose. The moon-
siffs are strictly prohibited from admitting or hling as an exhibit, or from
receiving in evidence, any obligation, instrument, bond, deed, or docu-
ment, whether it be the original or a copy, of a description which is or
may be required to be written on stamped paper, unless it shall have been
duly executed on stamped paper of the description, value, and denomina-
tion prescribed by the Regulations.
&XWZ& In cases in which a moonsiff shall entertain doubts whether a
document presented to him as an exhibit has been duly executed on paper
bearing the prescribed stamp, he shall transmit such document, with a
statement of the case, to the judge for his opinion, and shall be guided by
the instructions he may in consequence receive from the judge, either in
rejecting or admitting such exhibit.
TAfrt/. When an exhibit is hied in a suit before the moonsiff it shall be
dated and signed or sealed by him, and shall be marked with some letter or
number to identify it, and such letter or number shall be distinctly referred
to in those parts of the depositions of the witnesses, or of the proceedings,
or of the decree, as may allude to such exhibit.
XXXIX.* When the parties have been heard, and the exhibits received
and considered, and the witnesses on both sides examined, the moonsiff
shall give judgment according to justice and right.
XL.* The decree shall specify the names of the parties and the names
of the witnesses examined, and the titles of the exhibits read : it shall also
contain an abstract statement of the material facts alleged in the pleadings
of both parties, and an elucidation of the principal grounds and reasons on
which the decision may be passed. It shall state specifically the sum of
money, or the value or amount of personal property adjudged, and the
amount of the costs or damages payable by the parties respectively. If
any claim shall appear to the moonsiff to be evidently litigious and vexa-
tious, he shall adjudge suitable costs and damages against the plaintiff and
insert the same in the mode above directed in the decree.
XLI.* When the decision shall have been thus passed, the moon-
siff shall cause two copies of it to be prepared, and after attesting them
with his seal and signature, shall, within one week after the date of the
decree, tender the said copies in open cutcherry, both to the plaintiff and
defendant, or to their vakeels respectively. He shall endorse on the back
of the said copies the actual date on which they may be tendered to the
parties in open cutcherry; and if either or both of the parties shall fail to
attend, or shall refuse to receive the copies so tendered, he shall certify
the same on the back of the copies.
Any moonsiff who may be guilty of wilfully misstating or falsi-
fying, or of causing to be misstated or falsified, the date and purport of the
endorsement above directed to be written on the copies of the decrees, or
of keeping back such copies of decrees from either of the parties, with the
view of defeating or opposing a bar to their right of appeal, shall, on proof
* Applicable to sadder aumeens; see Sec. lxxiii.
See a. 2
1831.
See Sec. ii
Act XXVI.
1852.
See Cl. 10
XXVI. 18lU
REGULATION XXIII.
[A.D. 1814.
Moonsiffs to report
to the judge instances
from the prescribed
stamp paper.
The decision is to
be passed after conside-
ration of the pleadings,
exhibits, and evidence.
What shall be con-
tained in the decree.
may appear to be liti-
gious or vexatious.
Two copies of the
decree to be prepared
and tendered to the
The date of the ten-
der and the cause of
XXXVIII.* No fees shall be levied on exhibits filed before the
moonsiffs, and exhibits shall be received in snits depending before them,
without any derldiaust or written application for that purpose. The moon-
siffs are strictly prohibited from admitting or hling as an exhibit, or from
receiving in evidence, any obligation, instrument, bond, deed, or docu-
ment, whether it be the original or a copy, of a description which is or
may be required to be written on stamped paper, unless it shall have been
duly executed on stamped paper of the description, value, and denomina-
tion prescribed by the Regulations.
&XWZ& In cases in which a moonsiff shall entertain doubts whether a
document presented to him as an exhibit has been duly executed on paper
bearing the prescribed stamp, he shall transmit such document, with a
statement of the case, to the judge for his opinion, and shall be guided by
the instructions he may in consequence receive from the judge, either in
rejecting or admitting such exhibit.
TAfrt/. When an exhibit is hied in a suit before the moonsiff it shall be
dated and signed or sealed by him, and shall be marked with some letter or
number to identify it, and such letter or number shall be distinctly referred
to in those parts of the depositions of the witnesses, or of the proceedings,
or of the decree, as may allude to such exhibit.
XXXIX.* When the parties have been heard, and the exhibits received
and considered, and the witnesses on both sides examined, the moonsiff
shall give judgment according to justice and right.
XL.* The decree shall specify the names of the parties and the names
of the witnesses examined, and the titles of the exhibits read : it shall also
contain an abstract statement of the material facts alleged in the pleadings
of both parties, and an elucidation of the principal grounds and reasons on
which the decision may be passed. It shall state specifically the sum of
money, or the value or amount of personal property adjudged, and the
amount of the costs or damages payable by the parties respectively. If
any claim shall appear to the moonsiff to be evidently litigious and vexa-
tious, he shall adjudge suitable costs and damages against the plaintiff and
insert the same in the mode above directed in the decree.
XLI.* When the decision shall have been thus passed, the moon-
siff shall cause two copies of it to be prepared, and after attesting them
with his seal and signature, shall, within one week after the date of the
decree, tender the said copies in open cutcherry, both to the plaintiff and
defendant, or to their vakeels respectively. He shall endorse on the back
of the said copies the actual date on which they may be tendered to the
parties in open cutcherry; and if either or both of the parties shall fail to
attend, or shall refuse to receive the copies so tendered, he shall certify
the same on the back of the copies.
Any moonsiff who may be guilty of wilfully misstating or falsi-
fying, or of causing to be misstated or falsified, the date and purport of the
endorsement above directed to be written on the copies of the decrees, or
of keeping back such copies of decrees from either of the parties, with the
view of defeating or opposing a bar to their right of appeal, shall, on proof
* Applicable to sadder aumeens; see Sec. lxxiii.
See a. 2
1831.
See Sec. ii
Act XXVI.
1852.
See Cl. 10
XXVI. 18lU