DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0299
A.D. 1849.] ACT XIII. 289
upon shall be quashed, except for error of law apparent on the face of the
judgment.
XXXVI. When any penalty or confiscation shall be adjudged by a
justice of the peace under this Act, the commissioner of abkarry, and in
his absence the Board of (722$/27772$, /S22//, 22722/ O/7222772, within one month
after judgment given, may call for the proceedings of the case (with
which requisition the justice of the peace shail be bound to comply),
and, if he or they shall see cause, may direct that the seizure, or any part
thereof, be restored, and may remit or mitigate any penalty, and discharge
the party.
XXXVII. All actions and prosecutions to be commenced against the
collector or any abkarry officer, or any person acting in aid of any such
officer, for anything done in pursuance of this Act, shall be commenced
within three calendar months after the fact committed, and not afterwards;
and notice in writing of such action and of the cause thereof shall be given
to the defendant one calendar month at least before the commencement of
the action ; and no plaintiff shall recover in any such action, if tender of
sufficient amends shall have been made before such action brought, or if
after action brought, a sufficient sum of money shall have been paid into
court, with costs, by or on behalf of the defendant.
XXXVIII. The collector, in respect of the duties to be performed by
him, under this Act, shall have power to punish any contempt committed
in his presence in open cutcherry by fine, not exceeding two hundred
rupees, commutable, if not paid, to imprisonment in the common gaol for
a period not exceeding one month : provided that an appeal from any order
passed under this section shall lie to the commissioner of abkarry, and, in
his absence, to the Board of (722$/27772$, 18*22//, 22722/ 6/1222772; and the decision
of the commissioner or Board thereon shall be final.
A.D. 1849. ACT XIII.
AN ACT /27 ;}P7'CCC72/ /Ac /S*77222%y/2722y 2^* &2/Z 272/27 6b/c22//22 2 PASSED /<2/ /Ac
7/277227227*22^ /AcT*7'C$27c72/ 77/* /Ac 6*222272272/ 27/ 7722/222 272 6*272272(72/, 2772 /Ac 18/A
27/ A222722$/, 1849, 2C2/A /A<7 A $'$'2772/ 27//Ac 71727$/ Ab^/c /Ac Tr27CC7'72277'-(rC72C7'22/
27/7722/222.
FoR preventing the smuggling of salt into Calcutta, it is enacted as
follows:
1. The Governor of Bengal may establish as many chokies as he shall
deem necessary for preventing the smuggling of alimentary salt into the
town of Calcutta, and upon that part of the river Hooghly which lies
VOL. 111. 2 p
Commissioner of ab-
karry or Board may
mitigate judgments of
justices of peace.
Limitation of actions
against collectors or
abkarry oiRcers.
Notice of action.
Plaintiff not to re-
cover if amends have
been offered or paid
into court.
Power of collector in
punishing contempts.
Appeal from his
decision.
Preamble.
Establishment of
chokies.
upon shall be quashed, except for error of law apparent on the face of the
judgment.
XXXVI. When any penalty or confiscation shall be adjudged by a
justice of the peace under this Act, the commissioner of abkarry, and in
his absence the Board of (722$/27772$, /S22//, 22722/ O/7222772, within one month
after judgment given, may call for the proceedings of the case (with
which requisition the justice of the peace shail be bound to comply),
and, if he or they shall see cause, may direct that the seizure, or any part
thereof, be restored, and may remit or mitigate any penalty, and discharge
the party.
XXXVII. All actions and prosecutions to be commenced against the
collector or any abkarry officer, or any person acting in aid of any such
officer, for anything done in pursuance of this Act, shall be commenced
within three calendar months after the fact committed, and not afterwards;
and notice in writing of such action and of the cause thereof shall be given
to the defendant one calendar month at least before the commencement of
the action ; and no plaintiff shall recover in any such action, if tender of
sufficient amends shall have been made before such action brought, or if
after action brought, a sufficient sum of money shall have been paid into
court, with costs, by or on behalf of the defendant.
XXXVIII. The collector, in respect of the duties to be performed by
him, under this Act, shall have power to punish any contempt committed
in his presence in open cutcherry by fine, not exceeding two hundred
rupees, commutable, if not paid, to imprisonment in the common gaol for
a period not exceeding one month : provided that an appeal from any order
passed under this section shall lie to the commissioner of abkarry, and, in
his absence, to the Board of (722$/27772$, 18*22//, 22722/ 6/1222772; and the decision
of the commissioner or Board thereon shall be final.
A.D. 1849. ACT XIII.
AN ACT /27 ;}P7'CCC72/ /Ac /S*77222%y/2722y 2^* &2/Z 272/27 6b/c22//22 2 PASSED /<2/ /Ac
7/277227227*22^ /AcT*7'C$27c72/ 77/* /Ac 6*222272272/ 27/ 7722/222 272 6*272272(72/, 2772 /Ac 18/A
27/ A222722$/, 1849, 2C2/A /A<7 A $'$'2772/ 27//Ac 71727$/ Ab^/c /Ac Tr27CC7'72277'-(rC72C7'22/
27/7722/222.
FoR preventing the smuggling of salt into Calcutta, it is enacted as
follows:
1. The Governor of Bengal may establish as many chokies as he shall
deem necessary for preventing the smuggling of alimentary salt into the
town of Calcutta, and upon that part of the river Hooghly which lies
VOL. 111. 2 p
Commissioner of ab-
karry or Board may
mitigate judgments of
justices of peace.
Limitation of actions
against collectors or
abkarry oiRcers.
Notice of action.
Plaintiff not to re-
cover if amends have
been offered or paid
into court.
Power of collector in
punishing contempts.
Appeal from his
decision.
Preamble.
Establishment of
chokies.