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)

A.D. 1833.]

REGULATION II.

933

other existing courts, and the expense to the state occasioned by the
maintenance of the Provincial Courts he ,thus discontinued, the following
rules have been passed for empowering the Governor-General in Council
to abolish the Provincial Courts, and for prescribing the course to be fol-
lowed in disposing of the arrears of business before each court.

II. Clause Seeond, Section XXVII. Regulation V. 1831, is declared
subject to the following modification:

Cl. 2, Sec. xxvii.
Reg. V. H31, modi-
fied.

See
1836.

Act V.

III. WAV. All original suits, all miscellaneous business arising out of
original suits not of the nature of appeals, and generally all matters con-
nected with its functions as a court of primarv jurisdiction, which may be
pending in-any shall be transferred to the files of the
several Zillah or City Courts, in which, under the provisions of Sec-
tion VIII. Regulation III. 1793, the suit would be regularly cog-
nizable, provided that the provisions of Regulation V. 1831 shall have
been extended to such Zillah or City Court. The Zillah or City Courts
to which under this provision any suits may be transferred, shall proceed
with them in all respects as though they had been originally instituted
before them under Clause Third, Section XXVII. Regulation V. 1831.
SgcopA AH precepts or orders which mav have been issued to the ZVo-
by the Court of Sudder Dewanny Adawlut, regarding any
suit or matter pending before the Superior Court, shall also be transferred
to the ZiHah or City Court to which the suit or matter has reference,
whether the provisions of Regulation V. 1831, may have been extended
to such Ziliah or City Court, or not; and the court receiving such order shall
carry it into effect in the same manner as if it had been addressed to itself.
IV. Whenever the provisions of Regulation V. of 1831 have been
introduced into all the districts constituting the jurisdiction of a AVovm-
6b?<W, the Governor-General in Council shall be competent to abolish
the ZVovmchz/ by an order issued in the usual manner, under the
signature of the secretary in the judicial department; and notice thereof
shail be published by proclamation at the cutcherries of the moonsiffs, and
at the ZiHah or City Courts of the division, and shall likewise be commu-
nicated to the Court of Sudder Dewanny Adawlut.

Original suits pend-
ing before the ProMw-
risdiction, to be trans-
ferred to the Ales of the
Zillah and City Courts,
visions of Reg. V. 1831,
shall have been ex-
tended to such zillah
or city.

Precepts or orders to
the ProMKcfaJ CoMrfg
from the Sudder De-
wanny Adawlut, re-
garding any suit or
matter pending before
Reg. V. 183R may
of Reg. V. 1831, have
been introduced into all
the districts constitut-
Governor - General in
Council competent to
abolish the ProMMCtaJ
CoMrf.

V. AH appeals, regular, special, or summary, as well as all petitions for
the admission of special appeals, petitions for review of judgment, or other
misceilaneous business belonging to its jurisdiction as an Appeliate Court,
which may be pending before the ZVcvmcfa/ Ctwrf on the date of its abo-
lition, shall be transferred to the file of the Court of Sudder Dewanny
Adawlut; and the judges of the Court ?of Sudder Dewanny Adawlut are
hereby empowered and required to dispose of them, under the general
powers with which they are vested, in the same manner as though they
had been regularly cognizable by, and referred to or instituted before
them. AH appeals that may be so pending before a ZVcwmcnz/ on
the date of its abolition, of whatever amount, or from whatever authority
preferred, are hereby declared cognizable by the Court of Sudder Dewanny
Adawlut, anything in the existing Regulations to the contrary notwith-
standing.