DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0306
296
ACT 1.
[A.D. 1850.
Act not to exempt
from trial by court-
martial.
Preamble.
Certain sections of
Reg. 1.1824, appli-
cable to the taking of
lands for public pur-
poses in Calcutta.
Reserved purchase-
money how to be se-
cured.
Interest on reserved
purchase-money to be
paid.
When the reserved
purchase-money is to
be paid.
of War from being tried by a court-martial, and punished according
to the Articles of War, nor any person belonging to the Indian navy
from being tried by a court-martial, and punished according to the laws
for the observance of discipline in the Indian navy ; but no person shall
be tried for the same offence under the said Articles or Laws, and also
under this Act.
A.D. 1850. ACT 1.
AN ACTyb?' e072/?7'772 2 72^ Mg 7Wg M Z%72& 272 Cg7c27M M%g72 ^07' TbMZg 7*227'-
/70.sas .' PASSED ^2/ Mg 77g720 227'22^g Mg /b'g.S'2&22^ o/ Mg Co2272 C2^ 2)/ ^72^272 272
(702272C27, 022 Mg 11M 7227222227^, 1850, W2M Mg 7,M'g72^ o/* Mg Ab^g
Mg Do2'g7'7207'-(?g72gpgJ o/' 7722/222.
WHEREAS the execution of works of public usefulness in Calcutta is
liable to be hindered by the difficulty in making a good title to the land
taken for such purpose, it is enacted as follows :
I. The powers and provisions of the first seven sections of Regulation 1.
1824, of the Bengal code, shall be applicable to all lands within the town
of Caicutta, which shall have been declared by the Governor of Bengal to
be needed for any public purpose; and such declaration shall be conclu-
sive evidence that the purpose for which the lands are needed is a public
purpose.
II. In all cases in which payment of any part of the purchase or com-
pensation money is reserved according to the fifth clause of Section VI. of
the Said Regulation, on account of any lands taken for any public purpose
under this Act, the Government securities mentioned in the said clause
shall be deposited with the Government agent at Fort William in Bengal,
in the name and with the privity of the accountant-general of her
Majesty's Supreme Court of Judicature at Fort William, to be placed by
him to the credit of the persons interested in such lands, describing them,
as nearly as maybe done, according to the course of proceeding in the said
court in matters and causes depending before it in equity.
III. The said securities shall remain in the hands of the Government
agent, and the interest accruing thereon shall be from time to time
received and paid, under the order of the said Supreme Court, to the person
or persons for the time being who would have been entitled to receive
the rents and profits of the said lands, if the same had not been taken as
aforesaid, until there shall be some person or persons absolutely entitled
to receive the principal sum of the moneys so reserved; and thereupon the
said Government securities, with all interest then due thereon, shall be
transferred and paid to such person or persons under the like order of the
said court, and so long as no person can be found entitled to receive the
ACT 1.
[A.D. 1850.
Act not to exempt
from trial by court-
martial.
Preamble.
Certain sections of
Reg. 1.1824, appli-
cable to the taking of
lands for public pur-
poses in Calcutta.
Reserved purchase-
money how to be se-
cured.
Interest on reserved
purchase-money to be
paid.
When the reserved
purchase-money is to
be paid.
of War from being tried by a court-martial, and punished according
to the Articles of War, nor any person belonging to the Indian navy
from being tried by a court-martial, and punished according to the laws
for the observance of discipline in the Indian navy ; but no person shall
be tried for the same offence under the said Articles or Laws, and also
under this Act.
A.D. 1850. ACT 1.
AN ACTyb?' e072/?7'772 2 72^ Mg 7Wg M Z%72& 272 Cg7c27M M%g72 ^07' TbMZg 7*227'-
/70.sas .' PASSED ^2/ Mg 77g720 227'22^g Mg /b'g.S'2&22^ o/ Mg Co2272 C2^ 2)/ ^72^272 272
(702272C27, 022 Mg 11M 7227222227^, 1850, W2M Mg 7,M'g72^ o/* Mg Ab^g
Mg Do2'g7'7207'-(?g72gpgJ o/' 7722/222.
WHEREAS the execution of works of public usefulness in Calcutta is
liable to be hindered by the difficulty in making a good title to the land
taken for such purpose, it is enacted as follows :
I. The powers and provisions of the first seven sections of Regulation 1.
1824, of the Bengal code, shall be applicable to all lands within the town
of Caicutta, which shall have been declared by the Governor of Bengal to
be needed for any public purpose; and such declaration shall be conclu-
sive evidence that the purpose for which the lands are needed is a public
purpose.
II. In all cases in which payment of any part of the purchase or com-
pensation money is reserved according to the fifth clause of Section VI. of
the Said Regulation, on account of any lands taken for any public purpose
under this Act, the Government securities mentioned in the said clause
shall be deposited with the Government agent at Fort William in Bengal,
in the name and with the privity of the accountant-general of her
Majesty's Supreme Court of Judicature at Fort William, to be placed by
him to the credit of the persons interested in such lands, describing them,
as nearly as maybe done, according to the course of proceeding in the said
court in matters and causes depending before it in equity.
III. The said securities shall remain in the hands of the Government
agent, and the interest accruing thereon shall be from time to time
received and paid, under the order of the said Supreme Court, to the person
or persons for the time being who would have been entitled to receive
the rents and profits of the said lands, if the same had not been taken as
aforesaid, until there shall be some person or persons absolutely entitled
to receive the principal sum of the moneys so reserved; and thereupon the
said Government securities, with all interest then due thereon, shall be
transferred and paid to such person or persons under the like order of the
said court, and so long as no person can be found entitled to receive the