Clarke, Richard [Hrsg.]: 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)

928

REGULATION VII.

[A.D. 1832.

Rules regarding tbe
levy of tullubana in
such cases.

aumeens shall retain
on their establishment
nazirs.

7AAA In cases wherein, under the provisions of this section, process is
served by an officer of the court and not by the party himself, the moon-
siffs, sudder aumeens, and principal sudder aumeens are strictly prohibited
from employing any person not registered in the mode above prescribed
without the special authority of the judge.
Ab777'M. The rules, mutatis mutandis, contained in Clauses Fourth, Fifth,
Sixth, and Seventh, Section XIV. Regulation XXVI. 1814, shall be held
applicable to the peons who may be employed under the above rule.
7/77/7^ %7'g Mcrcm 77.s.s'?y77C7/ /Ag 7777^77* of Me f7o777'/ 777
MoA?007M?fX' G77777'M &^R7j/07'777P7/ /y Mg 772007M?f% MP777^<?A^; Mo /77/M&77777
AvMt/ 777 Mc.S'O CTZS'P.S' .S'f o// 077^/ & M7'PP/Y7777'/A.S' o/ 777^77/ M AXof/ 777 Mo
U0777'f 77777/ 770 J0777'/ 77/ 7/ -S/M// & 7<y7p7'7iy77'777M7/ Mo 777007737^.]
The principal sudder aumeens and sudder aumeens shall retain
on their establishments officers denominated nazirs, to whom the pro-
visions of Clause Eighth, Section XIV. Regulation XXVI. 1814, shall be
applicable.

Sec. iv. Reg.
18] 7, repealed.

III.

The institution fee
when to be returned
in cases adjusted by
razeenamah before the
moonsiifs.

VI. Amy/. Section IV. Regulation III. 1817, which prohibits the
refund of the amount of the institution stamp, in any cases before the
moonsiffs, which may be adjusted by razeenamah, is herewith repealed.
X0C0777/. The provisions of Clauses Second and Third, Section III. Regu-
lation XIII. 1824, are declared applicable to cases adjusted by razeena-
mah in the Moonsiffs' Courts.

Sudder aumeens and VII. Section XI. Regulation V. 1831, is hereby repealed. The rule
moonsiffs competent to contained in Section XXII. Regulation V. 1831, authorizing the principal
crees. sndder aumeens to execute their own decrees, is declared applicable to all
Proviso. sudder aumeens and moonsiifs who may be appointed under that Regula-
tion ; provided, however, that the rule in question, as regards all the
officers above named, shall not be considered to warrant their issuing any
order on their own authority for the confinement of a defendant in execu-
tion of civil process. Where such order may be requisite, the officer by
whose authority the party may have been apprehended shall forward him,
together with the subsistence-money lodged for his detention, to the zillah
or city judge, who, unless he see reason to the contrary, shall direct his
The orders of the commitment to gaol by means of his own officers. In appeals from the
themooL^Mdsutu orders of the moonsiff or sudder aumeen in such cases, the decision of the
derameens, final. zillah or city judge shall be final.

ci. 2, Sec. Hi. Reg. VIII.* Such part of Clause Second, Section III. Regulation VIII. 1795,
viii. i/9a, lescmded. for the province of Benares, which declares that "in causes in
which the plaintiff shall be of a different religious persuasion from the
defendant, the decision is to be regulated by the law of the religion of the
latter, excepting where Europeans or other persons, not being either
Mahomedans or Hindoos, shall be defendants, in which case the law of tlie
plaintiff is to be made the rule of decision in all plaints or actions of a
The rules contained civil nature," is hereby rescinded, and the rule contained in Section XV.
1793^° and h^ci^ Regulation IV. 1793, and the corresponding enactment contained in
Sec.'xvi. Reg. in! Clause First, Section XVI. Regulation III. 1803, shall be the rule of
* Secs. viii. and ix. are declared applicable to the Courts of Sudder Aumeens and Moonsiffs
by Sec. i. Act XXVI. 1852.

Sec.ifxctXIW
1845.

See Act XV.
1845.