DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0667
A.D. 1822.]
REGULATION VIII.
657
See Cl. 3,
Sec. iii. Reg.
1. 1829, and
Reg. II. 1831.
The provi-
sions referred to
Sec. i. Act 1.
1849.
rules have accordingly been enacted, to be in force from the date of their
promulgation throughout the territories immediately subordinate to the
Presidency of Fort William.
II. In explanation of the rules contained in Sections V. and VI. Regu-
lation IX. and Section XVI. Regulation XXII. 1793, together with the
corresponding rules for Benares, contained in Section IV. Regulation XVI.
and Section XV. Regulation XVII. 1795, and those for the Ceded and
Conquered Provinces, contained in Sections V. and VI. Regulation VI.
and Section XVI. Regulation XXXV. 1803, and generally of the rules
applicable to the limitation of the jurisdiction to be exercised by magis-
trates in the cognizance of criminal charges, and in the trial or commit-
ment of prisoners upon the same, it is hereby declared that nothing Nothing in existing
contained therein shall be deemed or construed to empower a magistrate Regulations to em-
to try and pass sentence, or to commit for trial at the sessions of jail- pass sentence, or com-
deliverv for his district, any person or persons charged with an offence not 5V b"* Vi!' ^ ^
perpetrated within its limits, except under special authority of the Gover- offences committed out
nor-General in Council, or of the Nizamut Adawlut. Should, therefore, "^E^ep^undera-Rho
proceedings have been instituted by any magistrate against any person or rity of Government, or
persons residing within his jurisdiction, on account of an offence perpe- j^Jhe Nizamut Adaw-
trated beyond its limits, or should it appear in the course of the investi-
gation of any case, that the act charged was not perpetrated within the ifthe offence charged
limit of the zillah or city, but in some other jurisdiction, it shall be the 1^ perpetrated beyond
i ^ ^ jurisdiction, the magis-
duty of the magistrate who may have commenced proceedings, or who trate to send proceed-
may be conducting the investigation, to send over the parties and wit-
nesses, together with all the proceedings he may have held thereon, to the trate of the district in
magistrate of the district within which the crime may appear to have ^ pe*pe-
been committed, in order that the parties may be there dealt with
according to law; provided, however, that in case the immediate adop- But may suspend for
tion of this course should be attended with very great inconvenience to yg^the^case^to a<e
the parties and witnesses, or in case there should be other circumstances Nizamut Adawlut for
to make it desirable, in his opinion, that the trial should be brought on or ^ ^ of
completed at the station at which the proceedings may have been insti-
tuted, it shall be competent to the magistrate to suspend the transfer
above prescribed, and to report the circumstances for the orders of the
Nizamut Adawlut: pz*ozizW6^yMrMc^, Ma^ yzoMzm/ m M?^ ^ wo?
MaV & ZtcM or M m&ygbrc wz'M Me coMr.s'C
fzozz F. 1809, FZ. 1822,yw Me 1.1822.
q/jief.swM co7727?22^272y Me /royzFer of Me Mr-
rzMrze^.
III. AYr^. It shall be competent to the Governor-General in Council, it shall be competent
whenever he shall see sufficient reason for ordering the trial of any person r°}^(^^n°to^rder
or persons charged with a criminal offence to be conducted in a different a trial to be conducted
zillah or city from that in which the act may have been perpetrated, to than thatlf^the'distdct
issue his instructions to that effect, and the magistrate of the. zillah or where the offence was
city in which the trial is to be conducted, as well as the magistrate of the ^nd tissue orders
district from which the case is to be transferred, shal! be bound, on the to magistrates for the
receipt of orders for the purpose under the official signature of a secretary P^P°^
to Government, to proceed to bring the party to trial at the place fixed
therein, in the same manner as if the offence charged had been committed
VOL. 11. 4 P
REGULATION VIII.
657
See Cl. 3,
Sec. iii. Reg.
1. 1829, and
Reg. II. 1831.
The provi-
sions referred to
Sec. i. Act 1.
1849.
rules have accordingly been enacted, to be in force from the date of their
promulgation throughout the territories immediately subordinate to the
Presidency of Fort William.
II. In explanation of the rules contained in Sections V. and VI. Regu-
lation IX. and Section XVI. Regulation XXII. 1793, together with the
corresponding rules for Benares, contained in Section IV. Regulation XVI.
and Section XV. Regulation XVII. 1795, and those for the Ceded and
Conquered Provinces, contained in Sections V. and VI. Regulation VI.
and Section XVI. Regulation XXXV. 1803, and generally of the rules
applicable to the limitation of the jurisdiction to be exercised by magis-
trates in the cognizance of criminal charges, and in the trial or commit-
ment of prisoners upon the same, it is hereby declared that nothing Nothing in existing
contained therein shall be deemed or construed to empower a magistrate Regulations to em-
to try and pass sentence, or to commit for trial at the sessions of jail- pass sentence, or com-
deliverv for his district, any person or persons charged with an offence not 5V b"* Vi!' ^ ^
perpetrated within its limits, except under special authority of the Gover- offences committed out
nor-General in Council, or of the Nizamut Adawlut. Should, therefore, "^E^ep^undera-Rho
proceedings have been instituted by any magistrate against any person or rity of Government, or
persons residing within his jurisdiction, on account of an offence perpe- j^Jhe Nizamut Adaw-
trated beyond its limits, or should it appear in the course of the investi-
gation of any case, that the act charged was not perpetrated within the ifthe offence charged
limit of the zillah or city, but in some other jurisdiction, it shall be the 1^ perpetrated beyond
i ^ ^ jurisdiction, the magis-
duty of the magistrate who may have commenced proceedings, or who trate to send proceed-
may be conducting the investigation, to send over the parties and wit-
nesses, together with all the proceedings he may have held thereon, to the trate of the district in
magistrate of the district within which the crime may appear to have ^ pe*pe-
been committed, in order that the parties may be there dealt with
according to law; provided, however, that in case the immediate adop- But may suspend for
tion of this course should be attended with very great inconvenience to yg^the^case^to a<e
the parties and witnesses, or in case there should be other circumstances Nizamut Adawlut for
to make it desirable, in his opinion, that the trial should be brought on or ^ ^ of
completed at the station at which the proceedings may have been insti-
tuted, it shall be competent to the magistrate to suspend the transfer
above prescribed, and to report the circumstances for the orders of the
Nizamut Adawlut: pz*ozizW6^yMrMc^, Ma^ yzoMzm/ m M?^ ^ wo?
MaV & ZtcM or M m&ygbrc wz'M Me coMr.s'C
fzozz F. 1809, FZ. 1822,yw Me 1.1822.
q/jief.swM co7727?22^272y Me /royzFer of Me Mr-
rzMrze^.
III. AYr^. It shall be competent to the Governor-General in Council, it shall be competent
whenever he shall see sufficient reason for ordering the trial of any person r°}^(^^n°to^rder
or persons charged with a criminal offence to be conducted in a different a trial to be conducted
zillah or city from that in which the act may have been perpetrated, to than thatlf^the'distdct
issue his instructions to that effect, and the magistrate of the. zillah or where the offence was
city in which the trial is to be conducted, as well as the magistrate of the ^nd tissue orders
district from which the case is to be transferred, shal! be bound, on the to magistrates for the
receipt of orders for the purpose under the official signature of a secretary P^P°^
to Government, to proceed to bring the party to trial at the place fixed
therein, in the same manner as if the offence charged had been committed
VOL. 11. 4 P