DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0373
A.D. 1850.] ACT XXXVIII. 303
XXV. Nothing' in this Act shall be construed to affect the authority of
Government for suspending or removing any public servant for any cause
without an inquiry under this Act.
A.D. 1850. ACT XXXVIII.
AN AcT a// /Vr.S'OM.s' Mp o/" .- PASSED
5?/ Me Me of Me GoM^cM of V/zAM m Comzczf ozz Me
1^ 1850, zozM Me qf Me Afo^ JVo^e Me (7oee?"^of-
freyzefa/ of AzztfM.
WHEREAS an Act of Parliament was passed in the seventh year of the
reign of his late Majesty for enabling persons indicted of felony to make
their defence by counsel or attorney, the provisions of which Act were
enlarged and extended to her Majesty's courts of justice in the territories
under the Government of the East-India Company by Act XXII. 1839,
and whereas it is just and reasonable that the like privilege be given
to all persons on the trial of offences against the law, it is enacted as
follows:
I. In all courts and before all magistrates, or persons exercising any
of the powers of a magistrate, under the authority of the East-India
Company, every person on trial for the commission of any offence shall be
admitted to defend himself either personally or by his authorized agent,
and after the close of the case for the prosecution, to make full answer and
defence thereto either personally or by his authorized agent.
II. The said courts, magistrates, and persons, subject to such rules as
shall be from time to time made for their guidance by the Nizamut or
Foujdarry Adawlut, may allow any prosecution to be conducted by an
authorized agent.
III. In those courts in which any person now has by law the right of
employing whomsoever he can employ as counsel or pleader, nothing in
this Act shall be deemed to restrict that right: in all other cases, those
persons only shall be deemed authorized agents within the meaning of
this Act who are either advocates of one of the Supreme Courts of Justice
established by royal charter, or authorized pleaders of the Civil Courts of
the East-India Company, or by leave of the court, magistrate, or other
person before whom the prisoner is on trial, any other person who is
employed by the prosecutor or prisoner as his agent.
IV. This Act shall not be deemed to dispense with the presence of any
prosecutor or person on trial for the commission of any offence when the
presence of such prosecutor or accused person is now by law required.
3 A 2
Power of Govern-
ment to remove ser-
vants without inquiry.
Preamble.
sons on trial not dis-
pensed with.
XXV. Nothing' in this Act shall be construed to affect the authority of
Government for suspending or removing any public servant for any cause
without an inquiry under this Act.
A.D. 1850. ACT XXXVIII.
AN AcT a// /Vr.S'OM.s' Mp o/" .- PASSED
5?/ Me Me of Me GoM^cM of V/zAM m Comzczf ozz Me
1^ 1850, zozM Me qf Me Afo^ JVo^e Me (7oee?"^of-
freyzefa/ of AzztfM.
WHEREAS an Act of Parliament was passed in the seventh year of the
reign of his late Majesty for enabling persons indicted of felony to make
their defence by counsel or attorney, the provisions of which Act were
enlarged and extended to her Majesty's courts of justice in the territories
under the Government of the East-India Company by Act XXII. 1839,
and whereas it is just and reasonable that the like privilege be given
to all persons on the trial of offences against the law, it is enacted as
follows:
I. In all courts and before all magistrates, or persons exercising any
of the powers of a magistrate, under the authority of the East-India
Company, every person on trial for the commission of any offence shall be
admitted to defend himself either personally or by his authorized agent,
and after the close of the case for the prosecution, to make full answer and
defence thereto either personally or by his authorized agent.
II. The said courts, magistrates, and persons, subject to such rules as
shall be from time to time made for their guidance by the Nizamut or
Foujdarry Adawlut, may allow any prosecution to be conducted by an
authorized agent.
III. In those courts in which any person now has by law the right of
employing whomsoever he can employ as counsel or pleader, nothing in
this Act shall be deemed to restrict that right: in all other cases, those
persons only shall be deemed authorized agents within the meaning of
this Act who are either advocates of one of the Supreme Courts of Justice
established by royal charter, or authorized pleaders of the Civil Courts of
the East-India Company, or by leave of the court, magistrate, or other
person before whom the prisoner is on trial, any other person who is
employed by the prosecutor or prisoner as his agent.
IV. This Act shall not be deemed to dispense with the presence of any
prosecutor or person on trial for the commission of any offence when the
presence of such prosecutor or accused person is now by law required.
3 A 2
Power of Govern-
ment to remove ser-
vants without inquiry.
Preamble.
sons on trial not dis-
pensed with.