DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0277
A.D. 1848.]
ACT 1.
267
A.D. 1848. ACT 1.
AN ACT ^ yqqMMM Mg ^ cgy-MM Cks-g.y q/ A'orqgq?/;
PASSED M/ Mg ATo^oMy^Md Mg (rgyg)'7zoy-(7g/zgy^/' q/*A^^M m (Mmz-
cM Mg 22?z^ q/* 1848.
I. IT is hereby enacted, that within the territories subject to the pre-
sidency of Fort William in Bengal, except the local limits of the courts
established by her Majesty's charter, the magistrates of the several zillahs
and cities shall not receive any charges of forgery, or of procuring or
causing forgery, or of fraudulently issuing and publishing as true, or otherwise
fraudulently giving effect to, or attempting to give effect to false and fabri-
cated deeds and papers, knowing the same to be false and lubricated, which
may be preferred by parties to .civil or criminal cases, in respect to deeds
and papers offered in evidence in such cases, against the adverse parties to
such cases, or other persons, except as provided in the next following
section.
II. And it is hereby enacted, that in cases pending before any civil or
criminal court (except the court of the magistrate, or of any officer exer-
cising the committing powers of a magistrate), in which there may appear
to the court sufficient grounds for sending for investigation to the magis-
trate a charge of any of the offences specified in Section 1. of this Act,
the court shall send the party or parties accused in custody to the magis-
trate, together with the evidence and documents relevant to the charge,
and shall take a recognizance from each of the witnesses, who have given
such evidence to appear before the magistrate, who shall thereupon receive
such charge and proceed with it in the usual course.
Provided always, that nothing herein contained shall be construed to
affect the powers vested in sessions judges in cases of forgery, by Sec-
tion VI. Regulation II. of 1807, of the Bengal code.
III. And it is hereby enacted, that the powers vested by Clause Second,
Section XIV. Regulation XVII. of 1817, of the said code, in zillah and
city judges, of committing persons chargeable with peijury or subornation
of peijury in cases pending before such judges, are hereby vested in prin-
cipal sudder aumeens in civil cases pending before them ; and the prin-
cipal sudder aumeens and the magistrates are hereby authorized and
required to proceed in the manner in which the said judges and magis-
trates are authorized and required to proceed by the said clause.
IV. And it is hereby enacted, that it shall be competent to the sessions
judges to try persons committed by themselves as civil judges under the
provisions of the said clause for peijury or subornation of peijury, any law
to the contrary notwithstanding.
V. And it is hereby enacted, that for the purposes of this Act, the
expression " Civil Courts" shall be held to include all revenue officers
acting judicially.
*
What charges of
forgery may not be
received by magis-
judges.
"Civil courts" in.
eludes revenue courts.
2 M 2
ACT 1.
267
A.D. 1848. ACT 1.
AN ACT ^ yqqMMM Mg ^ cgy-MM Cks-g.y q/ A'orqgq?/;
PASSED M/ Mg ATo^oMy^Md Mg (rgyg)'7zoy-(7g/zgy^/' q/*A^^M m (Mmz-
cM Mg 22?z^ q/* 1848.
I. IT is hereby enacted, that within the territories subject to the pre-
sidency of Fort William in Bengal, except the local limits of the courts
established by her Majesty's charter, the magistrates of the several zillahs
and cities shall not receive any charges of forgery, or of procuring or
causing forgery, or of fraudulently issuing and publishing as true, or otherwise
fraudulently giving effect to, or attempting to give effect to false and fabri-
cated deeds and papers, knowing the same to be false and lubricated, which
may be preferred by parties to .civil or criminal cases, in respect to deeds
and papers offered in evidence in such cases, against the adverse parties to
such cases, or other persons, except as provided in the next following
section.
II. And it is hereby enacted, that in cases pending before any civil or
criminal court (except the court of the magistrate, or of any officer exer-
cising the committing powers of a magistrate), in which there may appear
to the court sufficient grounds for sending for investigation to the magis-
trate a charge of any of the offences specified in Section 1. of this Act,
the court shall send the party or parties accused in custody to the magis-
trate, together with the evidence and documents relevant to the charge,
and shall take a recognizance from each of the witnesses, who have given
such evidence to appear before the magistrate, who shall thereupon receive
such charge and proceed with it in the usual course.
Provided always, that nothing herein contained shall be construed to
affect the powers vested in sessions judges in cases of forgery, by Sec-
tion VI. Regulation II. of 1807, of the Bengal code.
III. And it is hereby enacted, that the powers vested by Clause Second,
Section XIV. Regulation XVII. of 1817, of the said code, in zillah and
city judges, of committing persons chargeable with peijury or subornation
of peijury in cases pending before such judges, are hereby vested in prin-
cipal sudder aumeens in civil cases pending before them ; and the prin-
cipal sudder aumeens and the magistrates are hereby authorized and
required to proceed in the manner in which the said judges and magis-
trates are authorized and required to proceed by the said clause.
IV. And it is hereby enacted, that it shall be competent to the sessions
judges to try persons committed by themselves as civil judges under the
provisions of the said clause for peijury or subornation of peijury, any law
to the contrary notwithstanding.
V. And it is hereby enacted, that for the purposes of this Act, the
expression " Civil Courts" shall be held to include all revenue officers
acting judicially.
*
What charges of
forgery may not be
received by magis-
judges.
"Civil courts" in.
eludes revenue courts.
2 M 2