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)

924

REGULATION VI.

Reg. VI. 1832.

Preamble.

The Governor-Gene-
ral in Council declared
competent to invest any
European ofBcer pre-
siding in a Civil Court
with the powers speci-
hed in the following
section of this Regula-
son for so doing.
Europeans presiding
in Civil Courts, when
avail themselves of the
assistanceof respectable
natives in the trial of
suits.
As a punchayet.

As assessors.

[A.D. 1832.

A.D. 1832. REGULATION VI.
A REGULATION /07' 67777^7777/ A/ZZ7'0;P6%77 AUzzcfzOTZTZZ'ZA.S' ft) 77Z777z7 fAgZZZ.S'g^g.S' c/
^AgG&y7^7777C6 q/* 7*g.SyA?cfa^6 AGfz'rC.S' 777 fAg G 7/7Z7Z7Z7.S'7'7'77f77)77 q/* CzTzY 07'
Ch'ZZZZZZZZZZ' j7t6'f7Cg, 7Z7Z7?yb)* 77777 7fzjfqZ77q 07' 7^Z.S'/767Z.S'Z77q ZCtfA AAtfzgO.S' <^7/ 4AoAo-
777 67/7777 Zo777 0/Acg7'.S' 777 667^77 7 77 7Tz*7zA .' PASSED A?/ fAg Uz66-/^7'6.$77/6777! 777
U0777707f, 077 fAg 31G Gzz/z/, 1832.
I. IT is considered desirable to enabie the European functionaries who
preside in the courts for the administration of civil or criminal justice to
avail themselves of the assistance of respectable natives in the decision of
suits, or the conduct of trials, which may come before them. It is also
offensive to the feelings of many persons who are subject to the Govern-
ment of this presidency, and do not profess the Mahomedan faith, to be
liable to trial and punishment under the provisions of the Mahomedan
criminal code. The Regulations which have from time to time been
passed by the Government render it unnecessary any longer to maintain that
form of trial towards such persons, and it is therefore proper that it should
be modified. The power given to single judges of the Courts of Nizamut
Adawlut to overrule the futwas delivered by their Mahomedan law officers
in criminal trials that may come before them, supersedes the necessity for
requiring the deiivery of a futwa in all such cases, or for any longer main-
taining the same number of officers of that description. With reference to
these objects, the following rules have been enacted, to have effect through-
out the provinces subject to Fort William.
II. The Governor-General in Council is hereby declared competent to
grant the powers specified in the following section of this Regulation to
any European officer presiding in a court for the administration of civil
justice, such powers to be exercised either in any particular suit, in any
specified district, or generaliy by such officer, in any suits that may come
before him, and in any part of the country where he may be employed;
provided that it shall always be competent to the Governor-General in
Council to revoke and annul the grant of such powers whenever he may
see sufficient cause for so doing.
III. In the trial of civil suits, original or appeal, it shall be compe-
tent to every court in which an European ofHcer thus empowered presides,
to avail itself of the assistance of respectable natives in either of the three
following ways :
^gco77zzf. First, by referring the suit, or any point or points in the same,
to a punchayet of such persons, who will carry on tlieir inquiries apart from
the court, and report to it the result. The reference to the punchayet
and its answer shall be in writing, and shall be filed in the suit.
7A77G. Or, secondly, by constituting two or more such persons assessors
or members of the court, with a view to the advantages derivable from
their observations, particularly in the examination of witnesses. The