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Officers in whose cus. III. Every officer in whose custody any state prisoner
tody state prisoners may be placed to may be placed, shall, on the 1st of January and 1st of July submit to Govern. of each year, submit a report to the Governor in Council, ment periodical re. ports.
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. State prisoners in the IV. Pirst. When any state prisoner is in the custody of
custody of the zil. lah criminal judge a zillah criminal judge, the judges of circuit are to visit to be visited by the such state prisoner on the occasion of the periodical sessions, judge of circuit at the 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 cus Second. When any state prisoner is placed in the cus
tody of a public officer not being tody of any public officer, not being a zillah criminal judge, judge, to be visited the Governor in Council will instruct either the criminal by such person as judge, or the judge of circuit, or any other public officer by Governmeut for not being the person in whose custody the prisoner may be the duty.
placed, to visit such prisoner at stated periods, and to submit a report to Government regarding the health and treat
ment of such prisoner. Representations V. The officer in whose custody any state prisoner may
which may be made by state prisoners be placed, is to forward, with such observations as may to be submitted to Goverudent.
appear necessary, every representation which such state prisoner may from time to time be desirous of submitting
to the Governor in Council. Early report to be • 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 tbe 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 wantş and those of his family accord
ing to their rank in life. The allowance fixed 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.
made to Govern
VIII. The provisions contained in sections III., IV., V., The provisions conVI., and VII. of this regulation, are hereby declared to be
tained in Sections
III. to VII. of the applicable to all persons who are now confined as state pri present regulation
applicable to all soners under the authority of Government within the terri
persons who tories subject to the Presidency of Fort St. George.
state prisoners. IX. Whenever the Governor in Council, for the reasons Rules for the attacb
ment of estates or declared in the preamble to this regulation, shall judge it lands by the orders recessary to attach the estates or lands of any zemindar,
out a previous do. jagheerdar, talookdar, or other person, without any previous cision of a court of decision of a court of justice or other judicial proceeding,
justice. 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. X. First. The lands or estates which may be so tem- Lands or estates so
attached to be placporarily attached, shall be held under the management of ed under the ma. the officers of Government in the revenue department, and nagement of the of.
ficers of Governthe collections shall be made and adjusted on the same prin ment in the reveciples as those of other estates held under khas management.
nue department. Second. Such lands or estates shall not be liable to be Aud not liable to be
suld on account of sold in execution of decrees of the civil courts, or for the
decrees of the civil realization of fines or otherwise, during the period in which courts or otherwise
while under attachthey may be so held under attachment.
ment. Third. In the cases mentioned in the preceding clause, The Government will the Government will make such arrangement as may be fair
make such arrange
ment as may be and equitable for the satisfaction of the decrees of the civil proper for thesatis.
faction of the decourts.
crees of the civil courts in such in.
stances. XI. Whenever the Governor in Council shall be of opi. Rules to be observed
in cases where Gopion that the circumstances which rendered the attachment vernment of such estate necessary have ceased to operate, and that the
order the release of
an estate from atmanagement of the estate can be committed to the hands tachment. 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.
Form of Warrant of Commitment.
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 Regulatioa II. of 1819. Fort St. George, the
By order of the Governor in Council,
A Regulation for giving greater Publicity to certain
Passed on the 18th July 1820.
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 :II. The following clauses of the Act 53rd Geo. III., Certaio clauses of the
Act 53 Geo. III., c. 155, shall be translated into the Persian, Teloogoo, and
c. 155, to be transTamul languages, and into such other of the native lan lated into the coun
try languages and guages as the Governor in Council may hereafter be pleased
promulgated, 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 re- Justices of Peace in sident in the British territories in India, without the towns
the provinces shall
have jurisdiction in of Calcutta, Madras, and the town and island of Bombay, case of assault and
trespass committed are now by law subject only to the jurisdiction of His by British subjects Majesty's courts at Calcutta, Madras, and Bombay respeo
on the natives of
India. tively, 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
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 rapees, 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 zillab 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 Copy of, conviction such injury : provided always, that in all cases of convicbe sent to the Go- tion of a British subject, under the provision herein
before contained, the magistrate before whom such conviction shall take place shall forth with transmit copies of such conviction, and of all depositions and other proceedings relative thereto, to the Government to which the place where
in 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 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 dis
posed of in the same manner as other fines imposed by such Convictions remov- Court of Oyer and Terminer and Gaol Delivery: provided
and subject to pro- also, that all such convictions shall and may be removable visions of 33 Geo. by writ of certiorari into the said Court of Oyer and Termi52,
ner and Gaol Delivery respectively, in the same manner and