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)

914

REGULATION IX.

[A.D. 1831.

the Nizamut Adawiut punishment they pass in concurrence with the !aw officer, until the final
nislect^on^'the°cow! sentence or orders of the Nizamut Adawiut shall have been received upon
Warner shall suspend the trial referred to that court; nothing in this Regulation being
tence o" puidshme^t] intended to preclude the Nizamut Adawiut from revising the whole pro-
untiihnai orders of the ceeding's in the cases in question, if there shall appear sufficient grounds
Nizamut Adawiut. ^ ° ^ ^ °
tor so doing.
The rule contained The rule contained in Clause Sixth, Section II. of this Regu-
Re^uM.t''"decbred ^on, regarding the powers to be exercised by a single judge of the
applicable to a single Sudder Dewanuy Adawiut, is hereby declared to be equally applicable to
^dfwiut. ^ the powers vested in singie judges of the Nizamut Adawiut.
V. [Power of Nizamut Adawiut to annul or amend sentences on review
of abstract statements.]—7?6/76T2A7 A/ Ac<! WAV. 1848.
r/;e VI. 77*6 /77)22267'.S' 22727 7222^/207*2(7/ V6.S'/67 A/ Ac /b7*67/0'272g y77'062,S'27772.S' 272 32727/A
t/r/brrf p/ /Ac N227767* A62 6227272?/ A 722227227! 2272f/ iVA7277222/ A 77226(227! 727'6 Aci'cA?/
yo:'wy Je- 766(727*67 /O 6^/6727 72727 2*77 & 72;ip/A72^A A 72(( 66.S'6.5*, 7)/' 26^72/62767* 72 72 ^227*6, /Af27!
^^77 ^ 76/762272722/ ^6/277*6 /Ao,S6 622 227'A 727! /^6 2^72 A 77/ /A6 y77*7) 772 22^727*277,72 2)/ 7* A A
i2a2e q/ 2/7e ^67/22(72/27772.
22oM q/' 2/Mis- AeyM/a-
VII. [Compensation of pleaders in certain cases.]—7?6p6T2A7 A/ /Scc-
(27772 A A 67! 7.1846.

Rules relating to the
transmission of records
dihed.

Proviso,

VIII. The rules contained in Section XIII. Regulation V. and in Sec-
tion XI. Regulation VI. 1793, are hereby modified. In transmitting the
record in cases of appeal as therein provided, it shall be sufficient for the
ZiUah or City, or A*7*2762726272( Courts, as the case may be, to transmit the
original pleadings, depositions, and exhibits filed in the case, with a list of
them; and it shall not be necessary, in the first instance, to transmit the
applications and processes for the attendance of witnesses, the returns of
the nazir, and other miscellaneous papers and proceedings not material to
the trial of the appeal. Provided, however, that it shall at all times be
competent to the court to which the appeal shall have been made, to call
for such miscellaneous papers, or to direct the parties to produce copies
of the same, should the court think it necessary to refer to them.

In all cases which
require a decision by
majority, the Caicutta
Courts of Sudder De-
wanny and Nizamut
Adawiut declared com-
petent to refer the
question to a judge of
those courts in the
Western Provinces.

IX. Whenever and so often as there may be four judges present at the
Courts of Sudder Dewanny and Nizamut Adawiut at Calcutta, and there
may be an equality of voices in cases which require a decision by the
majority, it shall be competent to the court to refer the question for decision
to a judge of the Sudder Dewanny or Nizamut Adawiut (as the case may
be) in the Western Provinces; and it shall be sufficient that the judge to
whom the point may be referred shall form and record his judgment on a
careful perusal and consideration of the proceedings, and without requiring
the attendance of the parties or their vakeels.

The whole of the pro-
visions of this Regula-
tion declared applicable
to the Courts of Sud-
der Dewanny and Niza-
mut Adawiut for the
Western Provinces.

X. The whole of the provisions contained in this Regulation shall
be held equally applicable to the Courts of Sudder Dewanny and Nizamut
Adawiut for the Western Provinces, as to those courts stationed at the
presidency.