DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0149
A.D. 1841.]
ACT XXI.
139
sell the same or their materials by public auction, in order to defray the
charge, delivering any surplus that may remain to the owner. And it
shall be lawful for the magistrate to compel, under the like penalty, the
owners of tanks or wells adjacent to any public thoroughfare to fence the
same in such manner as to prevent danger to the public arising there-
from.
III. And it is hereby provided and declared, that it shall be lawful for
any person affected by such injunction or written notice as is above
described, if he shall object thereto, to claim, by written petition to be
presented to the magistrate within the period of ten days if reasonably
practicable, if not, within the shortest reasonable further time from the
receipt of such injunction or the publication of such notice, that a jury or
punchayet may be appointed to try and decide the question; and the
magistrate shall, on receiving such petition, pass order thereupon for the
appointment of a jury or punchayet, which shall consist of not less than
five persons, whereof the president and one-half of the other members
shall be nominated by the magistrate from the residents in the vicinity,
and the remaining members shall be nominated by the party petitioning.
And the magistrate shall suspend the further execution of the injunction
or order pending such inquiry, and be guided by the decision of the said
jury, which shall be according to the opinion of the majority. Provided,
however, that if the petitioner shall by neglect or in any other way prevent
the appointment of such jury or punchayet, or if, from any cause, the jury
so appointed shall not decide and report within a reasonable time, to be
fixed in the order for their appointment, their functions shall cease from
the date of the expiration of such period, unless they be continued by
special order of the magistrate; and if from any of the above causes no
decision be made by a jury or punchayet, the magistrate's order shall take
effect as if not opposed.
IV. And it is hereby provided, that all the proceedings of magistrates
under the authority of this Act shall be subject to the like appeal as other
orders of magistrates, according to the Regulations of the respective
presidencies.
V. And it is hereby enacted, that this Act shall not be applicable within
the local limits of her Majesty's courts of justice.
Tanks and wells to
be fenced.
How to be consti-
tuted.
of neglect by jury or
punchayet.
Magistrates' proceed-
ings appealable.
Not to apply within
limits of Supreme
Courts.
ACT XXI.
139
sell the same or their materials by public auction, in order to defray the
charge, delivering any surplus that may remain to the owner. And it
shall be lawful for the magistrate to compel, under the like penalty, the
owners of tanks or wells adjacent to any public thoroughfare to fence the
same in such manner as to prevent danger to the public arising there-
from.
III. And it is hereby provided and declared, that it shall be lawful for
any person affected by such injunction or written notice as is above
described, if he shall object thereto, to claim, by written petition to be
presented to the magistrate within the period of ten days if reasonably
practicable, if not, within the shortest reasonable further time from the
receipt of such injunction or the publication of such notice, that a jury or
punchayet may be appointed to try and decide the question; and the
magistrate shall, on receiving such petition, pass order thereupon for the
appointment of a jury or punchayet, which shall consist of not less than
five persons, whereof the president and one-half of the other members
shall be nominated by the magistrate from the residents in the vicinity,
and the remaining members shall be nominated by the party petitioning.
And the magistrate shall suspend the further execution of the injunction
or order pending such inquiry, and be guided by the decision of the said
jury, which shall be according to the opinion of the majority. Provided,
however, that if the petitioner shall by neglect or in any other way prevent
the appointment of such jury or punchayet, or if, from any cause, the jury
so appointed shall not decide and report within a reasonable time, to be
fixed in the order for their appointment, their functions shall cease from
the date of the expiration of such period, unless they be continued by
special order of the magistrate; and if from any of the above causes no
decision be made by a jury or punchayet, the magistrate's order shall take
effect as if not opposed.
IV. And it is hereby provided, that all the proceedings of magistrates
under the authority of this Act shall be subject to the like appeal as other
orders of magistrates, according to the Regulations of the respective
presidencies.
V. And it is hereby enacted, that this Act shall not be applicable within
the local limits of her Majesty's courts of justice.
Tanks and wells to
be fenced.
How to be consti-
tuted.
of neglect by jury or
punchayet.
Magistrates' proceed-
ings appealable.
Not to apply within
limits of Supreme
Courts.