DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0135
A.D. 1841.]
ACT XI.
125
such person in criminal matters or not), in like manner as if the ohence
had been committed in regard to any proceeding of the court to which it
is so referred.
VIII. And it is hereby enacted, that a record shall be kept of proceed-
ings in every case tried before any military Court of Requests. And such
record shall contain the substance of the evidence given, and the nature
of such evidence as may have been rejected on the ground of its not
being legally admissible, or relevant, or on other grounds; and the same
shall be signed by the members of the said court. And such record, or a
copy thereof, shall, with as little delay as is practicable, after the conclu-
sion of the proceedings, be transmitted by the European president, or
superintending officer of every such court, to the officer commanding the
station or cantonment.
IX. And it is hereby enacted, that where a demand shall exceed the
amount of two hundred rupees, or where several separate demands shall
exceed such amount, no more shall be recoverable from any one defendant
by the same plaintiff or plaintiffs than the sum of two hundred rupees
only ; and the judgment in respect of any demand in a Court of Requests
shall be a bar to the recovery of the same demand, or of any other or
further demand for the same cause of action, in any other court whatever,
provided that the liability accrued before the time of instituting the suit
in the military court; and it shall be competent for every such military
court to investigate any counter claim alleged by any defendant. And it
shall be competent for every such military court to allow the interest for
money agreed on between the parties, provided the same does not exceed
the usage of the country in ordinary money transactions. And every
contract made after the passing of this Act upon which a demand for
debt exceeding twenty rupees is founded, not being money due for goods
bought and delivered, shall be in writing and expressed in the language
of the defendant and signed by him, or on his behalf by some other person
than the plaintiff. Provided, that it shail not be competent to any Court
of Requests to admit any suit for a debt which has accrued upwards of six
years, unless a direct promise to pay, made within six years of the com-
mencement of the suit, be proved.
X. And it is hereby enacted, that on failure of either of the parties to a
suit to attend either personally or by representative, or to produce his
witnesses, according as he shall be required by any military Court of
Requests, such court, on being satisfied that the party has been duly
apprized of what is required of him, may proceed to the termination of the
suit in his absence. And if the decree in any such case shall be against
*the plaintiff it shall not be competent for him to commence a new suit for
the same cause of action.
XI. And it is hereby enacted, that it shall be lawful for the command-
ing ofhcer, to whom the proceedings have been transmitted as aforesaid, to
return the same for revision either by the same or another military Court
of Requests. And in every such case the second decree shall be final,
unless for error in points of law, when the same shall be transmitted to
Record of proceed-
ings to be kept.
Two hundred rupees
only recoverable, and
judgment for that
amount to bar all fur-
Suits may be decided
in absence of parties
neglecting to proceed.
may return decision for
revision—second de-
cree annullable only by
Commander-in-Chief.
ACT XI.
125
such person in criminal matters or not), in like manner as if the ohence
had been committed in regard to any proceeding of the court to which it
is so referred.
VIII. And it is hereby enacted, that a record shall be kept of proceed-
ings in every case tried before any military Court of Requests. And such
record shall contain the substance of the evidence given, and the nature
of such evidence as may have been rejected on the ground of its not
being legally admissible, or relevant, or on other grounds; and the same
shall be signed by the members of the said court. And such record, or a
copy thereof, shall, with as little delay as is practicable, after the conclu-
sion of the proceedings, be transmitted by the European president, or
superintending officer of every such court, to the officer commanding the
station or cantonment.
IX. And it is hereby enacted, that where a demand shall exceed the
amount of two hundred rupees, or where several separate demands shall
exceed such amount, no more shall be recoverable from any one defendant
by the same plaintiff or plaintiffs than the sum of two hundred rupees
only ; and the judgment in respect of any demand in a Court of Requests
shall be a bar to the recovery of the same demand, or of any other or
further demand for the same cause of action, in any other court whatever,
provided that the liability accrued before the time of instituting the suit
in the military court; and it shall be competent for every such military
court to investigate any counter claim alleged by any defendant. And it
shall be competent for every such military court to allow the interest for
money agreed on between the parties, provided the same does not exceed
the usage of the country in ordinary money transactions. And every
contract made after the passing of this Act upon which a demand for
debt exceeding twenty rupees is founded, not being money due for goods
bought and delivered, shall be in writing and expressed in the language
of the defendant and signed by him, or on his behalf by some other person
than the plaintiff. Provided, that it shail not be competent to any Court
of Requests to admit any suit for a debt which has accrued upwards of six
years, unless a direct promise to pay, made within six years of the com-
mencement of the suit, be proved.
X. And it is hereby enacted, that on failure of either of the parties to a
suit to attend either personally or by representative, or to produce his
witnesses, according as he shall be required by any military Court of
Requests, such court, on being satisfied that the party has been duly
apprized of what is required of him, may proceed to the termination of the
suit in his absence. And if the decree in any such case shall be against
*the plaintiff it shall not be competent for him to commence a new suit for
the same cause of action.
XI. And it is hereby enacted, that it shall be lawful for the command-
ing ofhcer, to whom the proceedings have been transmitted as aforesaid, to
return the same for revision either by the same or another military Court
of Requests. And in every such case the second decree shall be final,
unless for error in points of law, when the same shall be transmitted to
Record of proceed-
ings to be kept.
Two hundred rupees
only recoverable, and
judgment for that
amount to bar all fur-
Suits may be decided
in absence of parties
neglecting to proceed.
may return decision for
revision—second de-
cree annullable only by
Commander-in-Chief.