DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0134
124
ACT XI.
[A.D. 1841.
Proviso.
Courts to be con.
veiled monthly.
Forms of proceed-
ings.
Punishment of recu-
sant witnesses, perjury
and subornation of per-
jury.
Contempt of the
court, how punish-
able.
situate, or, in the absence of such orders, according* to the discretion of the
convening officer, either of not less than three European commissioned
ofhcers, or of not less than three native commissioned officers, and in the
latter case, with a European officer of not less than five years' standing, to
superintend and record the proceedings. Provided, that if there be not a
sufficient number of officers to constitute a court at the station or canton-
ment where any cause of action may arise, or where the defendant may
be residing, the suit shall be determined at the nearest station or canton-
ment where a military court can be duly constituted as aforesaid.
IV. And it is hereby enacted, that such military courts shall be con-
vened monthly, and shall be holden on some convenient day before the
issue of the pay for each month.
V. And it is hereby enacted, that the forms of proceeding in every such
court shall be conformable to the usages observed on trials before Courts-
martial held for the native troops in the service of the East-India Company,
as far as the same are applicable. And any such court shall have the like
power of summoning witnesses as is possessed by Courts-martial. Pro-
vided always, that every such court shall have the power of examining the
parties to any suit, and of requiring or dispensing with their attendance, at
its discretion. And every such court shall have the like power of taking
the examinations of absent parties and witnesses as is possessed by the
civil courts of the East-India Company, under Act No. VII. of 1841,
provided that the depositions taken under a commission issued by any
military Court of Requests shall be receivable in evidence before any
such court subsequently held : provided also, that commissions may be
issued by military Courts of Requests under this Act, pursuant to the pro-
visions of Act No. VII. of 1841, notwithstanding the courts to which
the commissions may be directed are not situate beyond the jurisdiction of
such military courts.
VI. And it is hereby enacted, that witnesses omitting to attend, refusing
to give evidence, or committing perjury, and persons suborning witnesses
to commit petjury, shall be tried and punished, if amenable to Articles of
War, by a Court-martial, subject to all the rules contained in such Arti-
cles of War for the punishment of such offences in regard to trials for
military offences; and if not amenable to Articles of War, they may be
tried and punished in the nearest of the courts of the East-India Com-
pany for the administration of criminal justice (whether such court have
ordinarily jurisdiction over such person in criminal matters or not), in like
manner as if such offences had been committed in regard to any trial
before such nearest court.
VII. And it is hereby enacted, that any person, civil or military, Euro-
pean or native, using menacing words, signs, or gestures, or otherwise
interrupting (whether being personally present or not) the proceedings of
any military Court of Requests, shall be punishable, if amenable to Arti-
cles of War, by a Court-martial, or if not amenable to Articles of War, in
the nearest of the courts of the East-India Company for the administration
of criminal justice (whether such court have ordinarily jurisdiction over
ACT XI.
[A.D. 1841.
Proviso.
Courts to be con.
veiled monthly.
Forms of proceed-
ings.
Punishment of recu-
sant witnesses, perjury
and subornation of per-
jury.
Contempt of the
court, how punish-
able.
situate, or, in the absence of such orders, according* to the discretion of the
convening officer, either of not less than three European commissioned
ofhcers, or of not less than three native commissioned officers, and in the
latter case, with a European officer of not less than five years' standing, to
superintend and record the proceedings. Provided, that if there be not a
sufficient number of officers to constitute a court at the station or canton-
ment where any cause of action may arise, or where the defendant may
be residing, the suit shall be determined at the nearest station or canton-
ment where a military court can be duly constituted as aforesaid.
IV. And it is hereby enacted, that such military courts shall be con-
vened monthly, and shall be holden on some convenient day before the
issue of the pay for each month.
V. And it is hereby enacted, that the forms of proceeding in every such
court shall be conformable to the usages observed on trials before Courts-
martial held for the native troops in the service of the East-India Company,
as far as the same are applicable. And any such court shall have the like
power of summoning witnesses as is possessed by Courts-martial. Pro-
vided always, that every such court shall have the power of examining the
parties to any suit, and of requiring or dispensing with their attendance, at
its discretion. And every such court shall have the like power of taking
the examinations of absent parties and witnesses as is possessed by the
civil courts of the East-India Company, under Act No. VII. of 1841,
provided that the depositions taken under a commission issued by any
military Court of Requests shall be receivable in evidence before any
such court subsequently held : provided also, that commissions may be
issued by military Courts of Requests under this Act, pursuant to the pro-
visions of Act No. VII. of 1841, notwithstanding the courts to which
the commissions may be directed are not situate beyond the jurisdiction of
such military courts.
VI. And it is hereby enacted, that witnesses omitting to attend, refusing
to give evidence, or committing perjury, and persons suborning witnesses
to commit petjury, shall be tried and punished, if amenable to Articles of
War, by a Court-martial, subject to all the rules contained in such Arti-
cles of War for the punishment of such offences in regard to trials for
military offences; and if not amenable to Articles of War, they may be
tried and punished in the nearest of the courts of the East-India Com-
pany for the administration of criminal justice (whether such court have
ordinarily jurisdiction over such person in criminal matters or not), in like
manner as if such offences had been committed in regard to any trial
before such nearest court.
VII. And it is hereby enacted, that any person, civil or military, Euro-
pean or native, using menacing words, signs, or gestures, or otherwise
interrupting (whether being personally present or not) the proceedings of
any military Court of Requests, shall be punishable, if amenable to Arti-
cles of War, by a Court-martial, or if not amenable to Articles of War, in
the nearest of the courts of the East-India Company for the administration
of criminal justice (whether such court have ordinarily jurisdiction over