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Officers in whose cus

tody state prisoners

submit to Govern

ment periodical reports.

III. Every officer in whose custody any state prisoner may be placed to may be placed, shall, on the 1st of January and 1st of July of each year, submit a report to the Governor in Council, through the Chief Secretary to Government, on the conduct, the health, and the comfort of such state prisoner, in order that the Governor in Council may determine whether the orders for his detention shall continue in force, or shall be modified. IV. First. When any state prisoner is in the custody of a zillah criminal judge, the judges of circuit are to visit such state prisoner on the occasion of the periodical sessions, and they are to issue any orders concerning the treatment of the state prisoner which may appear to them advisable, provided they be not inconsistent with the orders of the Governor in Council issued on that head.

State prisoners in the custody of the zil

lah criminal judge to be visited by the judge of circuit at the sessions.

State prisoners in cus

tody of a public

Second. When any state prisoner is placed in the cusofficer not being tody of any public officer, not being a zillah criminal judge, a zillah criminal the Governor in Council will instruct either the criminal judge, to be visited judge, or the judge of circuit, or any other public officer not being the person in whose custody the prisoner may be placed, to visit such prisoner at stated periods, and to submit a report to Government regarding the health and treatment of such prisoner.

by such person as may be nominated by Government for

the duty.

Representations which may be made

by state prisoners

to be submitted to Government.

Early report to be

made to Govern

finement, the health,

V. The officer in whose custody any state prisoner may be placed, is to forward, with such observations as may appear necessary, every representation which such state prisoner may from time to time be desirous of submitting to the Governor in Council.

VI. Every officer in whose custody any state prisoner ment regarding the may be placed, shall, as soon after taking such prisoner into nature of the con- his custody as may be practicable, report to the Governor and the allowances in Council whether the degree of confinement to which he granted to state prisoners. may be subjected, appears liable to injure his health, and whether the allowance fixed for his support be adequate to the supply of his own wants and those of his family according to their rank in life.

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The allowance fixed

for the support of

VII. Every officer in whose custody any state prisoner a state prisoner to may be placed, shall take care that the allowance fixed for be duly appropriat the support of such state prisoner is duly appropriated to ed to that object.

that object.

VIII. The provisions contained in sections III., IV., V., The provisions conVI., and VII. of this regulation, are hereby declared to be applicable to all persons who are now confined as state prisoners under the authority of Government within the territories subject to the Presidency of Fort St. George.

IX. Whenever the Governor in Council, for the reasons declared in the preamble to this regulation, shall judge it necessary to attach the estates or lands of any zemindar, jagheerdar, talookdar, or other person, without any previous decision of a court of justice or other judicial proceeding, the grounds on which the resolution of Government may have been adopted, and such other information connected with the case as may appear essential, shall be communicated, under the hand of one of the secretaries to Government, to the judge of the district in which the lands or estates may be situated, to the Provincial Court of Appeal and Circuit, and to the Sudder and Foujdarry Adawlut.

tained in Sections
III. to VII. of the
present regulation
applicable to all
persons who
now confined as
state prisoners.

are

Rules for the attach

ment of estates or lands by the orders of Governmentwithout a previous decision of a court of

justice.

Lands or estates so attached to be placed under the management of the officers of Government in the revenue department.

X. First. The lands or estates which may be so temporarily attached, shall be held under the management of the officers of Government in the revenue department, and the collections shall be made and adjusted on the same principles as those of other estates held under khas management. Second. Such lands or estates shall not be liable to be And not liable to be sold in execution of decrees of the civil courts, or for the realization of fines or otherwise, during the period in which they may be so held under attachment.

Third. In the cases mentioned in the preceding clause, the Government will make such arrangement as may be fair and equitable for the satisfaction of the decrees of the civil

courts.

sold on account of decrees of the civil courts or otherwise while under attachment.

The Government will

make such arrangement as may be proper for the satisfaction of the decrees of the civil courts in such in. stances.

in cases where Government

may order the release of an estate from attachment.

XI. Whenever the Governor in Council shall be of opi- Rules to be observed nion that the circumstances which rendered the attachment of such estate necessary have ceased to operate, and that the management of the estate can be committed to the hands of the proprietor without public hazard or inconvenience, the revenue authorities will be directed to release the estate from attachment, to adjust the accounts of the collections

during the period in which they may have been superintended by the officers of Government, and to pay over to the proprietor the profits from the estate which may have accumulated during the attachment.

APPENDIX.

Form of Warrant of Commitment.

To the [here insert the officer's designation.]

Whereas the Governor in Council, for good and sufficient reasons, has seen fit to determine that [here insert the state prisoner's name] shall be placed under personal restraint at [here insert the name of the place], you are hereby required and commanded, in pursuance of that determination, to receive the person above-named into your custody, and to deal with him in conformity to the orders of the Governor in Council and the provisions of Regulation II. of 1819. Fort St. George, the

By order of the Governor in Council,

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Preamble.

A REGULATION for giving greater Publicity to certain
Clauses of the Act 53 Geo. III., c. 155.

Passed on the 18th July 1820.

In order that the native inhabitants of the territories subordinate to the Presidency of Fort St. George may be made acquainted with the provisions which have been recently enacted by the British Legislature for protecting their persons and properties against European British subjects residing among them, it has been deemed expedient that such clauses of the Act 53rd Geo. III., c. 155, as render European British subjects amenable in certain cases to the local courts, and also such clauses of the said Act as

relate in any way to the jurisdiction of the said courts, should be inserted in a regulation and printed, with translations in the country languages-the Governor in Council has, therefore, been pleased to enact as follows:

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Act 53 Geo. III.,

c. 155, to be translated into the country languages and promulgated,

II. The following clauses of the Act 53rd Geo. III., Certain clauses of the c. 155, shall be translated into the Persian, Teloogoo, and Tamul languages, and into such other of the native languages as the Governor in Council may hereafter be pleased to direct, and shall be published for the information of the native inhabitants of the territories subordinate to the Presidency of Fort St. George, viz. :

"CV. And whereas His Majesty's British subjects resident in the British territories in India, without the towns of Calcutta, Madras, and the town and island of Bombay, are now by law subject only to the jurisdiction of His Majesty's courts at Calcutta, Madras, and Bombay respectively, and are exempted from the jurisdiction of the courts established by the said United Company within the said territories, to which all other persons, whether natives or other inhabitants in the said territories without the limits of the towns aforesaid, are amenable: and whereas it is expedient to provide more effectual redress for the native inhabitants of the said territories, as well in the case of assault, forcible entry, or other injury accompanied with force, which may be committed by British subjects at a distance from the places where His Majesty's courts are established, as in case of civil controversies with such British subjects; be it therefore enacted, that it shall and may be lawful for any native of India, resident in the East Indies or parts aforesaid, and without the said towns, in case of any assault, forcible entry, or other injury accompanied with force, alleged to have been done against his person or property by a British subject, to complain of such assault, forcible entry or other injury accompanied with force, not being felony, to the magistrate of the zillah or district where the alleged offender shall be resident, or in which such offence shall have been committed; and that such magistrate shall have power and authority, at the instance of the person so complaining, to take cognizance of such com

Justices of Peace in the provinces shall have jurisdiction in case of assault and trespass committed by British subjects on the natives of India.

plaint, to hear parties, to examine witnesses, and, having taken in writing the substance of the complaint, defence and evidence, to acquit or convict the person accused; and, in case of conviction, to inflict upon such person a suitable punishment, by fine, not exceeding five hundred rupees, to be levied, in case of non-payment, by warrant under the hand of the said magistrate, and upon any property of the party so convicted which may be found within the said district; and if no such property shall be found within the said district, then it shall be lawful for the said magistrate, by warrant also under his hand, to commit such offender to some place of confinement within the said zillah or district which, in the judgment of the said magistrate, shall be fit for receiving such offender; or, if there shall be no fit place of confinement, then to the gaol of the Presidency, to remain there for a period not exceeding two months, unless such fine shall be sooner paid; and it shall be lawful for the said magistrate to award the whole or any portion of such fine to the party aggrieved, by way of satisfaction for such injury: provided always, that in all cases of conviction of a British subject, under the provision hereinbefore contained, the magistrate before whom such conviction shall take place shall forthwith transmit copies of such conviction, and of all depositions and other proceedings relative thereto, to the Government to which the place wherein the offence was committed is or shall be subordinate: Fines to be paid to provided also, that all such fines shall be paid in the first the Magistrate. instance to the magistrate before whom the party offending

Copy of conviction and proceedings to be sent to the Go

vernment.

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shall be convicted, and the amount thereof, after making such satisfaction to the party aggrieved as aforesaid, if any, shall be transmitted by such magistrate to the Clerk of the Crown, or other officer to whom it belongs to receive fines in His Majesty's Court of Oyer and Terminer and Gaol Delivery for the province within which the offence shall Application thereof. have been committed; and such fines shall and may be disposed of in the same manner as other fines imposed by such Court of Oyer and Terminer and Gaol Delivery: provided also, that all such convictions shall and may be removable by writ of certiorari into the said Court of Oyer and Terminer and Gaol Delivery respectively, in the same manner and

Convictions remov

able by certiorari, and subject to provisions of 33 Geo.

III., c. 52,

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