DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0372
362
ACT XXXVII.
[A.D. 1850.
enter is entitled to
reply, and to Ale ad-
ditional evidence.
Final decision of
Government.
Explanation of the
word " Government."
Act.
no evidence, the inquiry shall end with his defence ; if he records a written
defence, or exhibits evidence, the prosecutor shall he entitled to a
general oral reply on the whole case, and may also exhibit evidence
to contradict any evidence exhibited for the defence, in which case the
person accused shall not be entitled to any adjournment of the proceed-
ings, although such new evidence were not included in the list furnished
to him.
XX. When the commissioners shall be of opinion that the articles of
charge, or any of them, are not drawn with sufficient clearness and pre-
cision, the commissioners may, in their discretion, require the same to be
amended, and may thereupon, on the application of the person accused,
adjourn the inquiry for a reasonable time. The commissioners may also,
if they think fit, adjourn the inquiry from time to time, on the applica-
tion of either the prosecutor or the person accused, on the ground of the
sickness or unavoidable absence of any witness, or other reasonable
cause. When such application is made and refused, the commissioners
shall record the application, and their reasons for refusing to comply
with it.
XXI. After the close of the inquiry, the commissioners shall forthwith
report to Government their proceedings under the commission, and shall
send with the record thereof their opinion upon each of the articles of
charge separately, with such observations as they think fit on the whole
case.
XXII. The Government, on consideration of the report of the com-
missioners, may order them to take further evidence, or give further
explanation of their opinions. It may also order additional articles of
charge to be framed, in which case the inquiry into the truth of such
additional articles shall be made in the same manner as is herein directed
with respect to the original charges. When special commissioners have
been appointed, the Government may also, if it thinks fit, refer the report
of the commissioners to the court, or other authority to which the person
accused is subordinate, for their opinion on the case ; and will finally pass
such orders thereon as appear just and consistent with its powers in such
cases.
XXIII. The word " Government," as used in this Act, means the
Governor-General in Council, the Governor or Deputy-Governor of the
presidency of Fort William in Bengal, the Governor in Council of the
presidencies of Fort St. George and Bombay respectively, and the Lieu-
tenant-Governor of the North-Western Provinces of Bengal, whose
sanction is necessary for the removal of the person accused.
XXIV. Nothing in this Act shall be construed to repeal any Act or
Regulation in force for the suspension or dismissal of principal and other
sudder aumeens, or of deputy-magistrates or deputy-collectors; but a
commission may be issued for the trial of any charge against any of the
said officers, under this Act, in any case in which the Government shall
think it expedient.
ACT XXXVII.
[A.D. 1850.
enter is entitled to
reply, and to Ale ad-
ditional evidence.
Final decision of
Government.
Explanation of the
word " Government."
Act.
no evidence, the inquiry shall end with his defence ; if he records a written
defence, or exhibits evidence, the prosecutor shall he entitled to a
general oral reply on the whole case, and may also exhibit evidence
to contradict any evidence exhibited for the defence, in which case the
person accused shall not be entitled to any adjournment of the proceed-
ings, although such new evidence were not included in the list furnished
to him.
XX. When the commissioners shall be of opinion that the articles of
charge, or any of them, are not drawn with sufficient clearness and pre-
cision, the commissioners may, in their discretion, require the same to be
amended, and may thereupon, on the application of the person accused,
adjourn the inquiry for a reasonable time. The commissioners may also,
if they think fit, adjourn the inquiry from time to time, on the applica-
tion of either the prosecutor or the person accused, on the ground of the
sickness or unavoidable absence of any witness, or other reasonable
cause. When such application is made and refused, the commissioners
shall record the application, and their reasons for refusing to comply
with it.
XXI. After the close of the inquiry, the commissioners shall forthwith
report to Government their proceedings under the commission, and shall
send with the record thereof their opinion upon each of the articles of
charge separately, with such observations as they think fit on the whole
case.
XXII. The Government, on consideration of the report of the com-
missioners, may order them to take further evidence, or give further
explanation of their opinions. It may also order additional articles of
charge to be framed, in which case the inquiry into the truth of such
additional articles shall be made in the same manner as is herein directed
with respect to the original charges. When special commissioners have
been appointed, the Government may also, if it thinks fit, refer the report
of the commissioners to the court, or other authority to which the person
accused is subordinate, for their opinion on the case ; and will finally pass
such orders thereon as appear just and consistent with its powers in such
cases.
XXIII. The word " Government," as used in this Act, means the
Governor-General in Council, the Governor or Deputy-Governor of the
presidency of Fort William in Bengal, the Governor in Council of the
presidencies of Fort St. George and Bombay respectively, and the Lieu-
tenant-Governor of the North-Western Provinces of Bengal, whose
sanction is necessary for the removal of the person accused.
XXIV. Nothing in this Act shall be construed to repeal any Act or
Regulation in force for the suspension or dismissal of principal and other
sudder aumeens, or of deputy-magistrates or deputy-collectors; but a
commission may be issued for the trial of any charge against any of the
said officers, under this Act, in any case in which the Government shall
think it expedient.