DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0838
REGULATION VII.
Minimum of punish-
ment hxed by Reg. II.
ofl823,towhatcases
applicable.
Reg. YH. 1828.
Preamble.
828
[AD. 1828.
promulgation throughout the territories immediately depending on the
presidency of Fort William.
II. The minimum of punishment, in cases of affray attended with homi-
cide, established by Regulation II. of 1828, shall be considered to apply
to such cases only in which both parties may be found guilty of having
had resort, by premeditation, to that mode of adjusting their differences,
and shall not be deemed applicable to cases arising out of a sudden
quarrel, in which no premeditated purpose of affray may be established, nor
to assaults or other aggressions in which the assailed party may not be
shown, by their previous preparation, or in any other way, to have been
ready and intent to meet their adversaries in the held of combat; nor
shall it be construed to apply to cases of affray, attended with homicide,
in which persons guarding and protecting crops, grain, or property, in a
legal manner, may be attacked by persons trespassing, or others, or who,
in legal and just defence of the property under their charge, may resist
aggression in self-defence ; in all which cases the circuit judges, agreeing
with the futwahs of their law officers, shall pass such legal sentence as
may be suitable to the offence of the several parties, the same as if Regu-
lation II. of 1823, had no existence.
A.D. 1828. REGULATION VII.
A REGULATION Mg q/ A U. 1795, G73G?
ybr MgMMg Mg A 22M07-2M of Mg VMfM of VCvMgg.s'm Mg J7Mg7*gM,
7'g/g7TgJ M ; PASSED M/ Mg Gogg7V20r-Gg72g7wf M UoMMCzV, 072 Mg 12M
AqoC^Mg?-, 1828.
1. BY an arrangement concluded in the year 1794 with Rajah Mahip-
Narain Sing, the administration of justice in the jagirs of Bhurdoee, Kera
Mungrore, and that part of pergunnah Kuswar or Gungapore, which is
the rajah's family zemindarry, so far as relates to matters connected with
the revenue, was separately provided for, and in conformity thereto the
Courts of Justice were restricted, by Regulation XV. 1795, from taking-
cognizance of any such causes. The management of these mehauls was
committed to the rajah, with a view to the maintenance of his honour
and dignity, but it was to be conducted in concert with and under the
advice of the collector, and with an appeal direct to the Governor-General
in Council; an arrangement which was obviously intended to secure to the
population the observance of the same principles of administration, and
the same recognition of rights by which the Government had engaged to
adhere in its dealings with the rest of its subjects throughout the province.
Inconveniences, however, having been experienced from the absence of
specif c rules for the guidance of the rajah, in the exercise of the privileges
thus conferred upon him, and the system having in other respects failed
Minimum of punish-
ment hxed by Reg. II.
ofl823,towhatcases
applicable.
Reg. YH. 1828.
Preamble.
828
[AD. 1828.
promulgation throughout the territories immediately depending on the
presidency of Fort William.
II. The minimum of punishment, in cases of affray attended with homi-
cide, established by Regulation II. of 1828, shall be considered to apply
to such cases only in which both parties may be found guilty of having
had resort, by premeditation, to that mode of adjusting their differences,
and shall not be deemed applicable to cases arising out of a sudden
quarrel, in which no premeditated purpose of affray may be established, nor
to assaults or other aggressions in which the assailed party may not be
shown, by their previous preparation, or in any other way, to have been
ready and intent to meet their adversaries in the held of combat; nor
shall it be construed to apply to cases of affray, attended with homicide,
in which persons guarding and protecting crops, grain, or property, in a
legal manner, may be attacked by persons trespassing, or others, or who,
in legal and just defence of the property under their charge, may resist
aggression in self-defence ; in all which cases the circuit judges, agreeing
with the futwahs of their law officers, shall pass such legal sentence as
may be suitable to the offence of the several parties, the same as if Regu-
lation II. of 1823, had no existence.
A.D. 1828. REGULATION VII.
A REGULATION Mg q/ A U. 1795, G73G?
ybr MgMMg Mg A 22M07-2M of Mg VMfM of VCvMgg.s'm Mg J7Mg7*gM,
7'g/g7TgJ M ; PASSED M/ Mg Gogg7V20r-Gg72g7wf M UoMMCzV, 072 Mg 12M
AqoC^Mg?-, 1828.
1. BY an arrangement concluded in the year 1794 with Rajah Mahip-
Narain Sing, the administration of justice in the jagirs of Bhurdoee, Kera
Mungrore, and that part of pergunnah Kuswar or Gungapore, which is
the rajah's family zemindarry, so far as relates to matters connected with
the revenue, was separately provided for, and in conformity thereto the
Courts of Justice were restricted, by Regulation XV. 1795, from taking-
cognizance of any such causes. The management of these mehauls was
committed to the rajah, with a view to the maintenance of his honour
and dignity, but it was to be conducted in concert with and under the
advice of the collector, and with an appeal direct to the Governor-General
in Council; an arrangement which was obviously intended to secure to the
population the observance of the same principles of administration, and
the same recognition of rights by which the Government had engaged to
adhere in its dealings with the rest of its subjects throughout the province.
Inconveniences, however, having been experienced from the absence of
specif c rules for the guidance of the rajah, in the exercise of the privileges
thus conferred upon him, and the system having in other respects failed