DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0608
The award of the
judge to be Anal, in
what cases.
Appeal open to the
frovmciaJ Court in
what cases, and in what
form.
Judge how to pro-
ceed after passing his
award.
Parties who may be
acquitted by the judge,
tobesetatlarge;and
salt adjudged not to be
contraband, to be re-
leased.
Proviso.
598 REGULATION X. [A.D. 1819.
tendent, and heard anything the party may desire to urge in his defence,
the judge siiali be competent to pass an immediate order, either confirming
the award of the salt officers (if the investigation on which the same may
be founded shall appear to him complete, and the award passed thereon
just and proper), or modifying the said award (in case of any irregularity
appearing on the face of it), or reversing it (if in his opinion contrary to
or not supported by the evidence and facts of the case as borne on the
proceedings), or to institute a fresh investigation, and summon any further
evidence, or to direct the re-attendance of the witnesses previously ex-
amined, as well as to call for any explanations from the officers or parties
concerned that he may deem necessary.
CXIV. If the matter of action or amount of fine adjudged in any case
so sent over by the salt officers shall not exceed the sum of five hundred
rupees, or if the quantity of salt in jeopardy shall not exceed two hundred
maunds of eighty-two ^zcm-weight to the seer, any award passed by a civil
judge under the preceding section shall be final and conclusive, and subject
to no appeal whatever. If the fine adjudged exceed five hundred rupees,
or if the quantity of salt under question exceed two hundred maunds, an
appeal shall lie to the Zh'ovmcM/ Court on the application of any party
interested, or of the salt officers on the part of Government; such appeal
to be brought forward by common motion in the court, and to be decided
thereupon: provided, however, that no such appeal, shall be received,
unless the application be preferred within the period of six weeks from
the date of the decision passed by the zillah or city judge. y
CXV. Whenever any award may be passed by any zillah judge under
the rules of Section CXIII. the judge shall, if the offence charged be
established, proceed to levy the fine or dues, and to commit the parties to
gaol in pursuance thereto, under the general rules of the Regulations for
the realizing of fines and executing decrees and orders of court. The
judge shall further communicate to the salt agent or superintendent
whom it may concern, a copy of his final order with as little delay as pos-
sible, in order that any salt that may be held under attachment may be dealt
with accordingly; provided, however, that in any case in which an appeal
may be preferred to a jProvmcM/ Court against the decision of a zillah or
city magistrate, if the party by whom such appeal may be lodged shall
tender sufficient security for the performance of the order of the
Court, the zillah or city judge shall suspend the execution of his
decision, and shall instruct the salt agent or superintendent to keep in
deposit the salt which may have been adjudged contraband, until the final
award of the Court be passed. In all such cases it shall like-
wise of course be competent to the Ah'ormcM/ Court to stay execution of
the decree passed by the zillah or city judge, or to direct the officers in
the salt department to keep in deposit the salt which may have been con-
demned, or the fine realized by the Zillah or Citv Court.
CXVI. If the award of the civil judge shall acquit the parties charged,
or adjudge any salt under attachment not to be contraband, the parties
shall immediately be released, and the attachment taken off; provided,
however, that in case the quantity of salt under question shall amount to
ModiAed by
Sec. xxxii. Act
XXIX. 1838.
judge to be Anal, in
what cases.
Appeal open to the
frovmciaJ Court in
what cases, and in what
form.
Judge how to pro-
ceed after passing his
award.
Parties who may be
acquitted by the judge,
tobesetatlarge;and
salt adjudged not to be
contraband, to be re-
leased.
Proviso.
598 REGULATION X. [A.D. 1819.
tendent, and heard anything the party may desire to urge in his defence,
the judge siiali be competent to pass an immediate order, either confirming
the award of the salt officers (if the investigation on which the same may
be founded shall appear to him complete, and the award passed thereon
just and proper), or modifying the said award (in case of any irregularity
appearing on the face of it), or reversing it (if in his opinion contrary to
or not supported by the evidence and facts of the case as borne on the
proceedings), or to institute a fresh investigation, and summon any further
evidence, or to direct the re-attendance of the witnesses previously ex-
amined, as well as to call for any explanations from the officers or parties
concerned that he may deem necessary.
CXIV. If the matter of action or amount of fine adjudged in any case
so sent over by the salt officers shall not exceed the sum of five hundred
rupees, or if the quantity of salt in jeopardy shall not exceed two hundred
maunds of eighty-two ^zcm-weight to the seer, any award passed by a civil
judge under the preceding section shall be final and conclusive, and subject
to no appeal whatever. If the fine adjudged exceed five hundred rupees,
or if the quantity of salt under question exceed two hundred maunds, an
appeal shall lie to the Zh'ovmcM/ Court on the application of any party
interested, or of the salt officers on the part of Government; such appeal
to be brought forward by common motion in the court, and to be decided
thereupon: provided, however, that no such appeal, shall be received,
unless the application be preferred within the period of six weeks from
the date of the decision passed by the zillah or city judge. y
CXV. Whenever any award may be passed by any zillah judge under
the rules of Section CXIII. the judge shall, if the offence charged be
established, proceed to levy the fine or dues, and to commit the parties to
gaol in pursuance thereto, under the general rules of the Regulations for
the realizing of fines and executing decrees and orders of court. The
judge shall further communicate to the salt agent or superintendent
whom it may concern, a copy of his final order with as little delay as pos-
sible, in order that any salt that may be held under attachment may be dealt
with accordingly; provided, however, that in any case in which an appeal
may be preferred to a jProvmcM/ Court against the decision of a zillah or
city magistrate, if the party by whom such appeal may be lodged shall
tender sufficient security for the performance of the order of the
Court, the zillah or city judge shall suspend the execution of his
decision, and shall instruct the salt agent or superintendent to keep in
deposit the salt which may have been adjudged contraband, until the final
award of the Court be passed. In all such cases it shall like-
wise of course be competent to the Ah'ormcM/ Court to stay execution of
the decree passed by the zillah or city judge, or to direct the officers in
the salt department to keep in deposit the salt which may have been con-
demned, or the fine realized by the Zillah or Citv Court.
CXVI. If the award of the civil judge shall acquit the parties charged,
or adjudge any salt under attachment not to be contraband, the parties
shall immediately be released, and the attachment taken off; provided,
however, that in case the quantity of salt under question shall amount to
ModiAed by
Sec. xxxii. Act
XXIX. 1838.