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upon the same terms and conditions, and shall be proceeded upon in the same manner in every respect, as is directed in the said Act of the thirty-third year of His Majesty's reign with regard to other convictions before justices of peace in the British settlements or territories in India : provided also, that nothing herein contained shall extend, or be construed to extend, to prevent such magistrate from committing or holding to bail any British subjeet, charged with any such offence before him, in the same manner as such British subjeot might have been committed or holden to bail if this Act had not been passed, where the offence charged shall appear to such magistrate to be of so aggravated a nature as to be a fit subject for prosecution in any of His Majesty's courts to which such British subjeot may be amenable." “CVI." And be it further enacted, that in all cases of Justices of the Peace
to have jurisdicdebt not exceeding the sum of fifty rupees, alleged to be due tion in cases of
small debts due to from any British subject to any native of India, resident in
natives from British the East Indies or parts aforesaid, and without the jurisdic- • subjects. tion of the several Courts of Request established at Calcutta, Madras, and Bombay respectively, it shall and may be lawful for the magistrate of the zillah or district where such • British subject shall be resident, or in which such debt sball have been contracted, to take cognizance of all such debts, and to examine witnesses upon oath, and in a summary way to decide between the parties, which decision shall be final and conclusive to all intents and purposes; and in all cases where any such debt shall be found to be due from any British subject to any such native of India, the amount thereof shall and may be levied in the same manner, and subject to the same regulations and provisions, in respect to the commitment of the debtor, as are hereinbefore made and provided in respect to the levying of fines in case of the conviction of a British subject before such magistrate.”
CVII. [British subjects residing or trading or occupying immovable property, more than ten miles from the Presi
* Act XI. 1836, declares that po person sball, by reason of birth or descent, be exempted from the civil jurisdiction of the several courts, from the Sudder Adawlut to the Principal Sudder Ameen inclusive.
denoy, declared amenable to the courts established in the provinces in their civil jurisdiction.]-Declared by Act Xl., 1836, to cease to have effect from July 1, 1836, from which date no person is to be exempt from the jurisdiction of the Civil Courts, from the Sudder Adaulut to the Principal Sudder Ameen inclusive, in the East India Company's territories, by
reason of place of birth or descent. British subjects al “CVIII. And be it further enacted, that every British lowed to reside more than ten miles subject of His Majesty, not in the service of His said from the Presidency Majesty, or of the said United Company, who, after the register certificate tenth day of April, one thousand eight hundred and in the court of the fourteen, shall go to, and reside in, any part of the British district.
territories in India, distant more than ten miles from the Presidency to which the same shall be subordinate, with the permission of the Government of such Presidency, or who shall, after the said day, change his residence from one part thereof to another, distant as aforesaid, with such permission, shall procure from the chief secretary of the said Government or other officer authorized for that purpose, a certificate signed by the said chief secretary or other officer, expressing that such British subject has the permission of such Government to reside at such place, specifying the. same, and expressing also whether such permission has been granted during the pleasure of such Government, or for any limited time; and the said certificate shall be deposited by such British subject in the civil court of the district
district in which he shall so go to reside, within one month after bis taking up his residence there, and shall be kept among the records of the said court, of which certificate, so deposited, a true copy, attested by the judge or other officer of such court thereto authorized, shall be given to the party depositing the same, and shall be deemed and taken in all courts of justice, and on all occa
sions whatsoever, to be good and sufficient evidence of such And suing in any certificate, unless the contrary shall be shewn; and no
civil courts shall British subject not in the service of His Majesty, or of the produce copy of certificate, or an said United Company, going to reside in any such part of affidavit accounting the British territories, or changing his residence from one for not filing it.
part thereof to another, after the said day, shall be allowed,
while he so resides, to have or maintain any civil action or proceeding (other than in the nature of an appeal) against any person whomsoever in any court of civil jurisdiction within the British territories in India, until he shall have filed, in the court in which such action or proceeding is commenced, a copy of such certificate signed by the judge of the court wherein the same is deposited, or an affidavit accounting to the satisfaction of the court for not filing the same ; and if it shall be proved to the court in which such aotion is brought, that such British subject is residing at any place within the said territories, distant more than ten miles from the Presidency to which it is subordinate, without such certificate, or otherwise than according to the permission contained in such certificate, or that such permission has been revoked, or that, being for a limited time, it bas expired and has not been renewed, and that such British subject is therefore residing without permission at more than ten miles' distance from such Presidency, such British subject shall thereupon be nonsuited.” “ CIX. And whereas doubts have been entertained whe- Natives of India in
service of Company ther persons being natives of India, in the service of the
subject to provinUnited Company of Merchants of England trading to the cial courts. East Indies, or of any of His Majesty's subjects, are amenable to the jurisdiction of the provincial courts establisbed in the East Indies, or whether such persons, being natives of India, in the service of the said United Company, or of His Majesty's subjects, are not exclusively amenable to the jurisdiction of the said courts at Fort William, Madras, and Bombay respectively, and it is expedient that such doubts should be removed, be it further enacted and declared, that all persons whosoever, being natives of India, who have been, now are, or hereafter may be employed, by or in the service of His Majesty, the said United Company, or of any of His Majesty's subjects, were, and are, and shall be subject and amenable to all provincial courts of competent jurisdiction for all crimes and misdemeanors, and in all actions and suits whatsoever, of which such courts respectively could take cognizance, if the persons having committed such crimes or misdemeanors, or against whom the causes of such actions
or suits shall have ‘arisen, had not been employed by, or had not been in the service of His Majesty, or the said United Company, or any of His Majesty's subjects, any law, usage, or practice to the contrary thereof in any ways notwithstanding: Provided always, that nothing herein contained shall anywise oust the said Supreme Courts of Judicature of Fort William and Madras, and the said Court of the Recorder of Bombay respectively, of any jurisdiction over any natives of India, which such courts may now lawfully exercise ; but such Supreme Courts of Judicature of Fort William and Madras, and the said Court of the Recorder of Bombay respectively, as well as the provincial courts herein referred to, according to their several juris. dictions, shall have a concurrent jurisdiction over natives of India, employed by or in the service of the said United Company, or any of His Majesty's subjects.”
“CX. And whereas the courts established by the said Adwiralty jurisdic.
King's United Company have no jurisdiction over crimes maritime, Courts extended.
and doubts have been entertained whether the Admiralty jurisdiction of His Majesty's courts at Calcutta, Madras, and Bombay, extends to any persons but those who are amenable to their ordinary jurisdiction, by reason whereof failures of justice may arise ; be it therefore enacted, that it shall and may be lawful for His Majesty's courts at Calcutta, Madras, and Bombay, exercising admiralty jurisdiction, to take cognizance of all crimes perpetrated on the high seas, by any person or persons whatsoever, in as full and ample a manner as any other Court of Admiralty jurisdiction established by His Majesty's authority in any colony or settlement whatsoever belonging to the Crown of the said United Kingdom.”
“ CXIII. And whereas it is expedient that the Sudder Provincial Courts of
the highest juris Dewany Adawlut, and Nizamut Adawlut, or other provincial in civil or criminal courts, however denominated, exercising the highest jurisPresidencies, not- diction within the provinces respectively subject to the Gowithstanding the vernments of Fort William, Fort St. George, and Bombay, jurisdiction King's Courts. should have power and authority to execute process of arrest,
either civil or criminal, within the towns of Calcutta and Madras, and the town and island of Bombay, notwithstand
ing the jurisdiction of His Majesty's courts established at those places respectively; be it therefore enacted, that it shall and may be lawful for the said Court of Sudder Dewany and Nizamut Adawlut, or other Provincial Courts aforesaid, to execute, or cause to be executed, upon all persons subject to the jurisdiction of such courts respectively, all manner of lawful process of arrest, within the respective limits of the towns of Calcutta and Madras, and of the town and island of Bombay, in the same manner as the said courts respectively may, by virtue of any power now vested, or hereafter to be vested in them, lawfully execute, or cause to be executed, such process in any place situate without the said limits; any act, charter, or other matter or thing whatsoever to the contrary notwithstanding : provided always; that all such process which shall be executed within the limits aforesaid shall be in writing, and shall have underwritten or endorsed thereon, or otherwise annexed thereto, a translation thereof, or of the substance thereof, in the English language and character, signed by one of the judges of the court from, whence the same shall issue.”
A.D. 1821. REGULATION II.
A REGULATION for extending the Jurisdiction of the Regis
ters, Sudder Ameens, and District Moonsifs, and for the
Passed on the 13th April 1821.
VI. Whenever a collector, or a subordinate or assistant Collectors to make collector, shall receive information of any acts of extortion, preliminary inquiry
iuto alleged abuses undue exaction, or other gross misconduct alleged to have on the part of dis
moonsiff ; been committed by a district moonsif, he shall make such in and if grounds quiries as the nature of the case may suggest, for the pur
exist for the charge,
they are to bring it pose of ascertaining whether any grounds exist for a more to the notice of the
zillab judge. full and formal investigation of the charge ; and if he shall find such grounds to exist, he shall forward a statement of the case, together with the list of witnesses to the facts and