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)

A.D. 1814.]

REGULATION XXV.

295

t Substitute vi.

Modihed by
Act II. 1843.

VIII.* In modification of the Third Clause of Section II.]* Regula-
tion XIII. 1810, requiring the sitting of two judges to reverse or alter a
decision or order appealed to a TVovmcMb C02277 and of such part of any
other Regulation in force as directs that decrees are to be signed by the
judges passing the same, it is hereby provided, that when a single judge of
a UoM77 trying a case in appeal from a zillah or city judge,
3&$2V%22^ w 7*q^2^^7', shall be of opinion that the decision appealed
from ought to be reversed or altered, and shall record his sentiments to
that effect, and another judge of the TVcw&cfa/ (7)2277 sitting afterwards upon
the same appeal shall concur in the opinion so recorded, it shall be compe-
tent to the second judge to pass the decree or final order in conformity
thereto, and to cause the same to be carried into execution in the mode
prescribed by the Regulations, without waiting for a sitting of both judges,
when circumstances may not conveniently admit of it. In such cases,
the decree or order shall be signed by the judge present at the final
sitting: and the signature of the judge who first sat shall not be con-
sidered requisite, but his opinion as recorded by him shall be recited
in the decree or final order, and in the copies of it delivered to the
parties.

IX. [Provision for difference of opinion between judges of the Provin-
cial Courts.]-A%2p67*.yd6?6(/ by %bob2?7o72 of 7A*02772C2c7 (?0227*by, 22727
CyyCccbA ^0 ?7<3 /SW&7* T)g2C227272y A by Nhc/2072 7 U. /AyM&22ho72 777.
1829.
X. 7^27*^. By Section IV. Regulation 1. 1807, and Section IV. Regu-
lation XIII. 1810,^ single judges holding sittings of the
o/XfyyctzJ under the provisions of those Regulations, are empowered to
perform all miscellaneous duties appertaining to the Tb*o?)272c77 Uo227*^, and
to proceed as two or more judges of coM7*b$ are empowered to proceed;
except when they may be of opinion that the order of a Zillah or City
Court, or the order of another judge of the TV(W272C2c7 (7)2227, should be
reversed or altered. It having been doubted whether the powers thus
vested in a single judge include the appointment and the removal of the
ministerial native officers of the Zillah or City Civil Courts, whose appoint-
ment and removal on reports from the zillah and city judges are or may be
vested in the 7b'02772c77 CoMT*^, it is hereby declared, that single judges
of the TVovmcmb (7o22?7.$ holding sittings of those courts, under the provi-
sions contained in Regulation XIII. 1810, or the present Regulation, are
empowered to proceed in like manner as two or more judges of the TVo-
P272C2%b (T?2277s are empowered to proceed under Section VII. Regula-
tion VIII. 1809 ; except when they may differ in opinion from the zillah
or city judge respecting the appointment or removal of any native officer
of the Zillah or City Courts, in which case the question shall be brought
before two or more judges of the court.
*%C0727. [Power to suspend officers of the Provincial Courts.]—S^y^*-
SC&7 by 2^6 %b<V22!2072 o/ 7^7*021272C222/ (7)22773.
* See note to Sec. vi.
+ The rules of Sec. iv. Reg. XIII. 1810, are declared applicable to judges of the Sudder
Dewanny Adawlut.—See ante. Sec. vii.

and concurring in opi-
nion.

Decree or order may
be signed by the judge

What powers may
be exercised by single
judges of the Prcvz'M-
native officers of the
Zillah and City Courts.