DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0440
430
REGULATION XVIII.
[A.D. 1817.
to Government in such
cases.
Courts, and embezzted
by the native oSicers.
A summary inquiry
tobeinstitutedinsuch
Security to be re-
quired for the attend -
by Regulations XI. and XII. 1803), it is hereby declared that those pro-
visions, the principal object of which is to enable individuals who may be
aggrieved by any of the native ofhcers in question, to obtain redress by an
action in the Civil Courts, are not meant to preclude a criminal prosecu-
tion in cases of corruption, extortion, or embezzlement which may appear
to call for exemplary punishment. ^
Whenever a law officer, or ministerial native officer, may not,
by the result of a civil action, have been subjected to the penalties for
corruption or extortion provided for in the above Regulations, and there
may appear to be sufHcient grounds for a criminal prosecution against any
such officer, on a charge of corruption, extortion, or embezzlement, he is
hereby declared liable to a criminal prosecution before the zillah or city
magistrate and (W/A q/' (WcmY, as provided for in other cases of misde-
meanor by the Regulations, and on conviction before a CoM-iY q/*
or the Court of Nizamut Adawlut, he shall be subject to discretionary
punishment, to the extent and under the provisions stated in Section III.
Regulation II. 1813, with respect to native ofhcers convicted of making-
use of the public money intrusted to their care. ^
Section IV. of the Regulation above mentioned, directing a
report of convictions and sentences to the Governor-General in Council,
for the purpose of enabling him to determine whether the guilty persons
should be declared incapable of again serving Government, shall also be
considered applicable to any convictions and sentences under the present
section.
VII. The Regulations in force not containing any provision for
a summary proceeding to inquire into and recover embezzlements of
money, or other property paid into, or deposited in, the Civil or Criminal
Courts of Judicature, or received by the nazir, khazanchv, or other native
ofhcers of those courts, in execution of decrees, or on account of deposits,
or on any other account, in their official capacity ; and it appearing expedient
that provision should be made for this purpose, as well as as for compelling
the native ofhcers of the Civil and Criminal Courts to deliver rip any public
accounts which may have been kept and withheld by them; the following
rules are enacted for this purpose.
AhccwtA Whenever any native officer attached to a Civil or Criminal
Court may be charged with having embezzled any money or other pro-
perty paid into, or deposited in, the court to which he is attached, or
received by him in his official capacity, in execution of a decree, or on
account of a deposit, or on any other account whatever ; or whenever the
judge or judges of a Civi] or Criminal Court may have reason to suspect
any such embezzlement on the part of a native officer attached to the
court, they shall immediately institute a summary inquiry to ascertain the
truth of such charge or suspicion ; and shall, at the same time, require the
native officer accused or suspected, to give sufficient security for his attend-
ance dnring the inquiry. In the event of such security not being given,
and of its appearing necessary to keep the officer in custody pending the
inquiry, it shall be competent to the judge or judges to order the same, and
to keep the party in custody of peons, or to confine him in the jail of the
Dewanny Adawlut, until he shall give the required security, or his deten-
tion appear no longer necessary.
Modified by
Sec. ii. Reg.
111.1827.
Reg.III.1827,
and Acts XII.
and XIII. 1850.
REGULATION XVIII.
[A.D. 1817.
to Government in such
cases.
Courts, and embezzted
by the native oSicers.
A summary inquiry
tobeinstitutedinsuch
Security to be re-
quired for the attend -
by Regulations XI. and XII. 1803), it is hereby declared that those pro-
visions, the principal object of which is to enable individuals who may be
aggrieved by any of the native ofhcers in question, to obtain redress by an
action in the Civil Courts, are not meant to preclude a criminal prosecu-
tion in cases of corruption, extortion, or embezzlement which may appear
to call for exemplary punishment. ^
Whenever a law officer, or ministerial native officer, may not,
by the result of a civil action, have been subjected to the penalties for
corruption or extortion provided for in the above Regulations, and there
may appear to be sufHcient grounds for a criminal prosecution against any
such officer, on a charge of corruption, extortion, or embezzlement, he is
hereby declared liable to a criminal prosecution before the zillah or city
magistrate and (W/A q/' (WcmY, as provided for in other cases of misde-
meanor by the Regulations, and on conviction before a CoM-iY q/*
or the Court of Nizamut Adawlut, he shall be subject to discretionary
punishment, to the extent and under the provisions stated in Section III.
Regulation II. 1813, with respect to native ofhcers convicted of making-
use of the public money intrusted to their care. ^
Section IV. of the Regulation above mentioned, directing a
report of convictions and sentences to the Governor-General in Council,
for the purpose of enabling him to determine whether the guilty persons
should be declared incapable of again serving Government, shall also be
considered applicable to any convictions and sentences under the present
section.
VII. The Regulations in force not containing any provision for
a summary proceeding to inquire into and recover embezzlements of
money, or other property paid into, or deposited in, the Civil or Criminal
Courts of Judicature, or received by the nazir, khazanchv, or other native
ofhcers of those courts, in execution of decrees, or on account of deposits,
or on any other account, in their official capacity ; and it appearing expedient
that provision should be made for this purpose, as well as as for compelling
the native ofhcers of the Civil and Criminal Courts to deliver rip any public
accounts which may have been kept and withheld by them; the following
rules are enacted for this purpose.
AhccwtA Whenever any native officer attached to a Civil or Criminal
Court may be charged with having embezzled any money or other pro-
perty paid into, or deposited in, the court to which he is attached, or
received by him in his official capacity, in execution of a decree, or on
account of a deposit, or on any other account whatever ; or whenever the
judge or judges of a Civi] or Criminal Court may have reason to suspect
any such embezzlement on the part of a native officer attached to the
court, they shall immediately institute a summary inquiry to ascertain the
truth of such charge or suspicion ; and shall, at the same time, require the
native officer accused or suspected, to give sufficient security for his attend-
ance dnring the inquiry. In the event of such security not being given,
and of its appearing necessary to keep the officer in custody pending the
inquiry, it shall be competent to the judge or judges to order the same, and
to keep the party in custody of peons, or to confine him in the jail of the
Dewanny Adawlut, until he shall give the required security, or his deten-
tion appear no longer necessary.
Modified by
Sec. ii. Reg.
111.1827.
Reg.III.1827,
and Acts XII.
and XIII. 1850.