DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0370
360
ACT XXXVII.
[A.D. 1850.
When Government
allow accuser to pro-
secute,what security to
betahen.
Government may
abandon prosecution,
and may allow accuser
to proceed.
Powers of commis-
sion in issuing pro-
cess.
Punishment for diso-
bedience of process.
Copy of charge and
lists of documents and
Accused to be called
upon to plead to the
articles of charge.
this enactment shall not he construed to prevent the Government from
instituting any inquiry which it shall think ht, without such accusation on
oath or solemn afhrmation as aforesaid.
VI. Where the imputations shall have been made bv an accuser, and
the Government shall think tit to leave to him the conduct of the prose-
cution, the Government, before appointing the commission, shall require
him to furnish reasonable security that he will attend and prosecute the
charge thoroughly and effectually, and also will be forthcoming to answer
any counter-charge or action which may be afterwards brought against him
for malicious prosecution, or perjury, or subornation of perjury, as the case
may be.
VII. At any subsequent stage of the proceedings the Government may,
if it think ht, abandon the prosecution, and in such case may, if it think
ht, on the application of the accuser, allow him to continue the prosecution,
if he is desirous of so doing, on his furnishing such security as is hereinbe-
fore mentioned.
VIII. The commissioners shall have the same power of punishing con-
tempts and obstructions to their proceedings as is given to Civil and
Criminal Courts by Act XXX. 1841, and shall have the same powers for
the summons of witnesses, and for compelling the production of documents,
and for the discharge of their duty under the commission, and shall be
entitled to the same protection as the zillah and city judges, except that
all process to cause the attendance of witnesses, or other compulsory pro-
cess, shall be served through and executed by the zillah or city judge in
whose jurisdiction the witness or other person resides, on whom the process
is to be served; and if he resides within Calcutta, Madras, or Bombay,
then through the Supreme Court of Judicature there. When the com-
mission has been issued to a court, or other person or persons having power
to issue such process in the exercise of their ordinary authority, they may
also use all such power for the purposes of the commission.
IX. All persons disobeying any lawful process issued as aforesaid for
the purposes of the commission, shall be liable to the same penalties as if
the same had issued originally from the court or other authority through
whom it is executed.
X. A copy of the articles of charge, and list of the documents and
witnesses by which each charge is to be sustained, shall be delivered to the
person accused, at least three days before the beginning of the inquiry,
exclusive of the day of delivery and the hrst day of the inquiry.
XI. At the beginning of the inquiry, the prosecutor shall exhibit the
articles of charge to the commissioners, which shall be openly read, and
the person accused shall thereupon be required to plead "guilty" or "not
guilty" to each of them, which pleas shall be forthwith recorded, with the
articles of charge. If the person accused refuses, or without reasonable
cause neglects, to appear to answer the charge either personally or by his
ACT XXXVII.
[A.D. 1850.
When Government
allow accuser to pro-
secute,what security to
betahen.
Government may
abandon prosecution,
and may allow accuser
to proceed.
Powers of commis-
sion in issuing pro-
cess.
Punishment for diso-
bedience of process.
Copy of charge and
lists of documents and
Accused to be called
upon to plead to the
articles of charge.
this enactment shall not he construed to prevent the Government from
instituting any inquiry which it shall think ht, without such accusation on
oath or solemn afhrmation as aforesaid.
VI. Where the imputations shall have been made bv an accuser, and
the Government shall think tit to leave to him the conduct of the prose-
cution, the Government, before appointing the commission, shall require
him to furnish reasonable security that he will attend and prosecute the
charge thoroughly and effectually, and also will be forthcoming to answer
any counter-charge or action which may be afterwards brought against him
for malicious prosecution, or perjury, or subornation of perjury, as the case
may be.
VII. At any subsequent stage of the proceedings the Government may,
if it think ht, abandon the prosecution, and in such case may, if it think
ht, on the application of the accuser, allow him to continue the prosecution,
if he is desirous of so doing, on his furnishing such security as is hereinbe-
fore mentioned.
VIII. The commissioners shall have the same power of punishing con-
tempts and obstructions to their proceedings as is given to Civil and
Criminal Courts by Act XXX. 1841, and shall have the same powers for
the summons of witnesses, and for compelling the production of documents,
and for the discharge of their duty under the commission, and shall be
entitled to the same protection as the zillah and city judges, except that
all process to cause the attendance of witnesses, or other compulsory pro-
cess, shall be served through and executed by the zillah or city judge in
whose jurisdiction the witness or other person resides, on whom the process
is to be served; and if he resides within Calcutta, Madras, or Bombay,
then through the Supreme Court of Judicature there. When the com-
mission has been issued to a court, or other person or persons having power
to issue such process in the exercise of their ordinary authority, they may
also use all such power for the purposes of the commission.
IX. All persons disobeying any lawful process issued as aforesaid for
the purposes of the commission, shall be liable to the same penalties as if
the same had issued originally from the court or other authority through
whom it is executed.
X. A copy of the articles of charge, and list of the documents and
witnesses by which each charge is to be sustained, shall be delivered to the
person accused, at least three days before the beginning of the inquiry,
exclusive of the day of delivery and the hrst day of the inquiry.
XI. At the beginning of the inquiry, the prosecutor shall exhibit the
articles of charge to the commissioners, which shall be openly read, and
the person accused shall thereupon be required to plead "guilty" or "not
guilty" to each of them, which pleas shall be forthwith recorded, with the
articles of charge. If the person accused refuses, or without reasonable
cause neglects, to appear to answer the charge either personally or by his