DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0090
80
ACT XI.
[A.D. 1839,
probable cause for its
institution.
Defendant's pleadings
and copies exempted
Not to apply to her
Majesty's Courts.
No stamps in appeal
to her Majesty in
Council,
entitled to institute any suit in forma pauperis, in any Civil Court of Judi-
cature within the territories subject to the presidency of Fort William in
Bengal, unless the court in which his petition may be presented shall,
before granting such petition, be satisfied by the examination of the peti-
tioner, or of his or her agents or witnesses (which examination shall be
taken on oath, or solemn affirmation in cases where a solemn affirmation
may be received instead of an oath), that there is probable cause for insti-
tuting the suit.
II. And it is hereby enacted, that in all suits instituted in forma
pauperis the pleadings on the part of the defendant, as well as all papers
filed on his part, on which a stamp is required by Schedule (B) of Regula-
tion X. of 1829, of the Bengal code, may be written on unstamped paper,
and copies of orders or proceedings which the defendant may be required
to take shall be furnished to him on unstamped paper ; and the defendant
shall not be required to deposit vakeel's fees : provided always, that on the
conclusion of the suit the court shall calculate the whole of the costs
which would have been incurred by the defendant on account of stamp
duties if the suit had not been instituted in forma pauperis, and shall
charge the same to the party cast, or to the parties respectively, in such
proportions as may be deemed reasonable.
III. And it is hereby provided, that nothing in this Act contained shall
be construed to extend to any suits instituted in forma pauperis in any of
her Majesty's Courts of Justice.
A.D. 1839. ACT XI.
PASSED <5?/ Me Z/0720M7'O^A fAc o/* Co2272<?27 q/* 772<A% 272 C02272C2/,
072 22726^ Ap7"2/, 1839.
1. IT is hereby enacted, that from the time of the passing of this Act,
no stamp duty or institution-fee shall be payable in respect of any pro-
ceeding in any appeal, or in respect of any paper or copy of any paper
necessary for any appeal from any court of the East-India Company to
her Majesty in Council.
ACT XI.
[A.D. 1839,
probable cause for its
institution.
Defendant's pleadings
and copies exempted
Not to apply to her
Majesty's Courts.
No stamps in appeal
to her Majesty in
Council,
entitled to institute any suit in forma pauperis, in any Civil Court of Judi-
cature within the territories subject to the presidency of Fort William in
Bengal, unless the court in which his petition may be presented shall,
before granting such petition, be satisfied by the examination of the peti-
tioner, or of his or her agents or witnesses (which examination shall be
taken on oath, or solemn affirmation in cases where a solemn affirmation
may be received instead of an oath), that there is probable cause for insti-
tuting the suit.
II. And it is hereby enacted, that in all suits instituted in forma
pauperis the pleadings on the part of the defendant, as well as all papers
filed on his part, on which a stamp is required by Schedule (B) of Regula-
tion X. of 1829, of the Bengal code, may be written on unstamped paper,
and copies of orders or proceedings which the defendant may be required
to take shall be furnished to him on unstamped paper ; and the defendant
shall not be required to deposit vakeel's fees : provided always, that on the
conclusion of the suit the court shall calculate the whole of the costs
which would have been incurred by the defendant on account of stamp
duties if the suit had not been instituted in forma pauperis, and shall
charge the same to the party cast, or to the parties respectively, in such
proportions as may be deemed reasonable.
III. And it is hereby provided, that nothing in this Act contained shall
be construed to extend to any suits instituted in forma pauperis in any of
her Majesty's Courts of Justice.
A.D. 1839. ACT XI.
PASSED <5?/ Me Z/0720M7'O^A fAc o/* Co2272<?27 q/* 772<A% 272 C02272C2/,
072 22726^ Ap7"2/, 1839.
1. IT is hereby enacted, that from the time of the passing of this Act,
no stamp duty or institution-fee shall be payable in respect of any pro-
ceeding in any appeal, or in respect of any paper or copy of any paper
necessary for any appeal from any court of the East-India Company to
her Majesty in Council.