THE ACTS

OF THE

Governor General of India

IN COUNCIL.

ACT No. I. OF 1834.

A retrospective Act of temporary operation, see Appendix.

ACT No. II. OF 1834.

Corrects a misnomer in certain Acts of Parliament which describe the Secretaries of the several Indian Governments as Chief Secretaries, which is not their official designation.

Be it enacted, that each of the Secretaries to the Government of India, and to the Government of Fort William in Bengal, shall be competent to perform all the duties, and to exercise all the powers, which, by any Act of Parliament or any Regulation now in force, are assigned to the Chief Secretary to the Government of Fort William in Bengal, and that each of the Secretaries to the Government of Fort St. George and Bombay respectively shall be competent to perform all the duties, and to exercise all the powers, which, by any Act of Parliament, or any Regulation now in force, are assigned to the Chief Secretaries to the Governments of Fort St. George and Bombay respectively.

B

GENERAL.

ACT No. I. OF 1835.

Expired.-See Appendix.

ACT No. II. OF 1835.

Sudder Dewanny and Nizamut Courts and Board of Revenue to control functionaries in Assam Arracan and Tenasserim, but in conformity with instructions issued to those functionaries by the Bengal Government.

891

Be it enacted, that the functionaries who are or may be appointed in the provinces of Assam, Arracan and Tenasserim, be henceforth placed under the control and superintendence, in civil cases, of the Court of Sudder Dewanny Adawlut, in criminal cases, of the Court of Nizamut Adawlut, and in Revenue cases, of the Sudder Board of Revenue; and that such control and superintendence shall be exercised in conformity with such instructions as the said functionaries may have received, or may hereafter receive from the Government of Fort William in Bengal. (a)

ACT No. III. OF 1835.

1, 2. All new claims in the ceded and conquered Provinces to be cognizable only in the regular courts of justice and in conformity with the General Regulations and without reference to Regulations I. 1821; I. 1823 and I. 1829, Sec. 10, Cl. 2.

3. Pending cases, and appeals from decisions under the old Regulations, to be decided as before. Subject to orders of Government.

I. Be it enacted, that no new claims shall be admitted under the provisions of Regulation I. 1821, Regulation I. 1823, and Clause 2, Section 10, Regulation I. 1829.

(a) Repealed with regard to the provinces of Arracan and Tenasserim, (except as to cases then pending in the Sudder and Nizamut Courts and Board of Revenue) by Act XII. 1862.

II. And be it enacted, that all such claims shall hereafter be cognizable only in the regular Courts of Justice,' and shall be tried and determined in like manner with all other suits, in conformity with the provisions of the General Regulations, and without reference to the provisions of Regulations referred to in the preceding section of this Act.

III. And be it enacted, that the Commissioners and the Sudder Board of Revenue shall investigate and decide all cases pending before them respectively, and that the Sudder Board shall continue to admit and decidé Appeals from the decisions of the Commissioners, in the same manner as they were empowered to do before the passing of this Act; provided that it shall be competent to the Government of the Presidency to transfer any part of the duties aforesaid to any Court or Officer.

ACT No, IV. OF 1835.

All powers hitherto lawfully exercised by two Justices of the Peace for Calcutta may be hereafter exercised by one.

Be it enacted, that from the 14th day of March, 1835, all powers whatever in criminal cases which, by virtue of any law now in force, may be exercised by two Justices of the Peace for the town of Calcutta, shall be exercised by one such Justice. (a)

ACT No. V. OF 1835.

District Moonsiffs' fee or commission abolished.

Be it enacted, that such parts of any of the regulations in force as authorize the District Moonsiffs within the presidency of Fort St. George to receive any fee or commission for duties

(a) Extended to the Madras Presidency by Act IX. 1849. For the other Acts relating to Justices of the Peace for the Town of Calcutta, See Index, Title, Justice.

MADRAS.

BENGAL.

12991

BENGAL.

performed by them, are hereby rescinded; and District Moonsiffs within that presidency, shall not be entitled to receive any emolument whatever, beyond their fixed monthly allowances.

ACT No. VI OF 1835.

Functionaries in Cachar and the Cossyah Hills to be under the control of the Sudder Dewanny and Nizamut Courts and of the Board of Revenue, but in conformity with instructions issued to those functionaries by the Bengal Government.

Be it enacted, that the functionaries who are or may be appointed to the political charge of the Cossyah Hills, or to the superintendence of the territory of Cachar, be henceforth placed under the control and superintendence, in Civil cases, of the Court of Sudder Dewanny Adawlut, and in Criminal cases, of the Court of Nizamut Adawlut, and that the officers so appointed in the territory of Cachar be placed, in Revenue cases, under the control and superintendence of the Sudder Board of Revenue; and that such control and superintendence of the Sudder Court and Board shall be exercised in conformity with such instructions as the said functionaries may have received, or may hereafter receive, from the Government of Fort William in Bengal.

ACT No. VII. OF 1835.

The Governors of Fort William and Agra respectively may transfer from any Commissioner of Circuit to any Sessions Judge any portion or the whole of the duties connected with criminal justice.

Be it enacted, that it shall be competent to the Governors of the Presidencies of Fort William in Bengal and of Agra respectively, by an order under the signature of the Secretary to Government in the Judicial Department, to transfer any part, or the whole of the duties connected with criminal justice,

from

any Commissioner of Circuit to any Session Judge, and to define the powers which shall be exercised by each respectively.

ACT No. VIII. OF 1835.

1. Partially rescinds Reg. VII. 1799, Sec. 15, and Reg. VII. 1822, Sec. 23, Cl. 2, and transfers from the Judges of the Dewanny Adawlut to the Collectors the power of selling land in satisfaction of Summary Decrees for rent.

2. All sales for recovery of arrears of rent or revenue to be made by the Collector or his deputy or assistant, and publicly, and after 10 days' notice.

Be it enacted, that such parts of clause 7, section 15, Regulation VII., 1799, of the Bengal Code, and other Regulations in force, as vest the Judge of Dewanny Adawlut with the power of bringing to sale, in execution of Summary Decrees for Rent, the Talook or other tenure of the defaulter, and so much of Clause 3, Section 23, Regulation VII. of 1822, of the same Code, as prohibits the Collectors from selling land in satisfaction of Summary Awards for arrears of rent which may have accrued thereon, be rescinded, and that the power heretofore vested in the Judges of the Dewanny Adawlut of selling land in satisfaction of Summary Decrees for rent, be transferred to the Collectors of Land Revenue.

II. And be it enacted, that all sales for the recovery of arrears of rent or revenue, held under Clause 7, Section 15, or Clause 6, Section 23, or Section 25, Regulation VII. of 1799, shall be public, and be conducted by the Collector, his deputy or duly authorized assistant, and that ten days' notice shall be given of such sales, by advertisement, to be stuck up at the Cutcherry of the Zillah Court or local Adawlut, and that of the Collector. (a)

(a) Act XXV. 1850, and Bengal Reg. VIII. 1819, Sec. 9, as modified by Reg. VII. 1832, and by Act XX. 1850, are extended to sales under this Act by Act VI. 1853; which also modifies this Act in other important points.

BENGAL.