Fees and Costs*
Appeals to the
Honourable the
Lieutenant
Governor.
Limitation.
The' former
sentence altered,
reversed^ or
confirmed.
Where the p a r-1
ties wish tp
drop proceedings.
Costs in this
case.
Fees and Costs
how to h e disposed
of;
d&ksaand
■panghnlu's
opinion to he
taken.
Rfecordtobe
kepi.
Copies ttf he
given of any
papers.
Register to
framed and .
sent.
day. The causd shall then conj&tb a reg u la r h earing, and be-»decided' on,•'according
to.theniode already laiddown for the inferior Courts. |
118. ' On thé decision- of. the* suitj a fee of two rupees' from 'the gainer, and of one *
from the .loaer of it," shall be received '; and'costs, a t the rate of ten. per cem.'ón .'the
amount • óf the' sentence, being thecustom of the couBtry,' shall be ïeviè'dïfrom the
party against whom the^decisiph has been given.' •
119. In all causes originating in the Resident’s Court, .an appeal shall be permitted •
tovthe Honourable the Lieutenant Governor; provided that notice of such intention 1
be given on the day of trial, that the costs be lodged in> Court, and sufficiencies,ecurity
offered for the amount of the sentence,' or .that amount be paid in, '.to he kept in deposit
Until the appeal shall have been determined on. .
120. * -Appeals from the Resident’s decisions are'‘limited to the space of one month
from .the day of trial. .
1 ';XL21. The Honourable the Lifeutfenant Governor will of coujsej'after due.investiga-.
tioh,’ alter, reverse,' or confirnrthe former sentence,' With remission or enhancement of-
costs as to him shall seem best.
122. Whenever the two parties in a-civil sensin 'any stage of it previous 'jtoi-the)
decree, shall give in to any.of the Courts'an Sagreemenb<signedc.hy.both,'Jistatingithat
they are willing that all further judicial-proceedings in the casg ibe..dropped,, as being/
satisfied with What has already passed, or mutuallyichntènfetoi settle whatever‘fuffh'er
is requisite between themselves, o r’by tbè.,arbitration’ of.-friends,- thé»iCoii|st|shall.'
place this paper among their records, and cause the .proceedings; inL&d^-ism%|o-.be
immediately closed. ’ *•
123. In.thesa'casesy half costs,-or fi veiper cent, only’oh the amount of the suitj shall1
he leviedi Of this 'th é ' two parties shall' pay an equal- sharej .‘or tw.drajnd.Ma half per
cent, each, with a fee also of::a,rupec'<éach'to the Court. v •
124. All fees will he divided'among the Officers of the Court, and all costs'-be
carried to the account of Government, for the purpose of defraying, the expenses to
which they.are put in the establishment of these Courts. ■>
125. The same attention shall be paid to the .opinions of the JdHsa and -Panghuly in
civil as in criminal cases ; namely, that when at.variance with that of the Resident,
reference shall be made to the Honourable the Lieutenant Governor, accompanied
by the detailed Statements, and the decision only carried into execution when his
instructions, in reply, shall have been received.
-• 126. A record of each trial shall be kept in the archives' of the Co u rt, co n sistin g of.
the original complaint, the reply to it, a statement bfi the proceedings th a t ensued,
and the Ju d g e ’s final decision.
127. Copies of any of these shall be given to any one who öiay^apply-.for them, on
the payment of half a rupee for. each paper.
e igg. Registers shall be framed from these records, one in English and one .in the
vernacular language (of course separate ones for civil and criminal matters), stating
the charges, names of parties, of witnesses, nature of evidence, sentence passed, &c.
according
accordingtto forms to' tjjf furmsbe^feitlfe' Resident ;'tand‘ of-Jffebese, * one copy? Shall be appb{£&ïx
kept in the Court, and another shall be transmitted, before the 5th of every month,
to tji'e Horio arable djte iLiëutèmflM§GOTefh or.
register i shall also he framed, and.'sentKat*tKe‘ same5 time, of all persons Of’persons ap-
apprehended bué afterwards releasSdy 'stating’their, rfames/'crimes imputed to them, released^
nature of evidence fox* and against, and reasons for releasing them, j
IjlSO. Quarterly reports-shall likewiste.be* furnished «by the Resident of the general Quarterly restate
of -t}ie districts,entrusted toihteiCfird;1 a^^erytsix.'mdothsmbstracf-accounts must
he forwarded of,the increase Or decease' ,of population, (thé genteral Nsöndïtibrf- óf' the
cultivation, number of new settlers and pers'oris^migrated^ahd'generallyxfifVhatever
11° the details; of his administration, with snch-Femarks'an'd-'cdffiiéèntfewJ may
deem necessary.
131. In. summoning persons ^R e ttd h ié -C o fa rV -h e 's ^ h ^ d -te a liïfré g k ra to thé The ctilttvaE
loss or inconvenience those persons may sustain, in being taken away from their usual
employments or .duties. The cultiyatoi^ of.'the'-soil,: -ihpairti'cUtór," is-nc^hheeessariiy mon^hythe
tube brought from and, irf many cases,**a s%h?deraf-*Gf frialma^bdSb&Rfer.
than causing the indnstrious inhabitant tölose the-fruits óf bis fa ^ 'ü ^ b y ' a tte ö f e if e ^
|foqrt,* when harvest ;<?r 'other rural duty-.demands hte.'ipnesanee' and ■tofttire'’'attent?on.
This, however,,! is an evil,that,jaguqt always be guarded ■ againsti;. but' ‘if; Ought to-Ife
’f ^ t o the .extent of the Residents-, power, akdi as-far as the* satisfying the nióré
important ends of justice will admit^of ,jt*_
132. As,,an additional check.tft itebccuhrence,-' a-dis’erfetionary pSWer'^-vestedfinthi tó S i e -
Resident, of punishing, by fine, the complainant M'Sueh-slriffe'aS’may^^in'Hbte opinion
of tiie Resident, .be satisfactorily established to haveowedtits bfagin to grounds 'thérélV
vexatious, and this fine will o f course be given to the person who has' suffered % the
process.
I35. As it is most essential that access -to jüstice and redressib© rendered as easy and Pettak to be
free as possible to the injured, the Residents are ordered to receive at all times,''' and to recei$ a’ \
pay the utmost attention, to.every petition that may be.presented to them. -
>i^34. But as, in 'thebrffinSry^course, the officers or servants ‘I f Governme^’o r 'Ped®« W
others, may, from interested, 'partial, or resentful motives, find means to debar to invited* '
approach to the Resident in.his'house1,1 he shall cause a box to'be placed^at th'e door of
the Court,, into which petitions maybe d ro p p ed o f this heshall himself- keep the'key,
and on going into Court open it with his own hand, and have the'Contents’read to him!
He shall, at the same time, in the open space before the' COurt^1 invite the giving iirifo
him any complaints from persons who may consider themselves &§• aggriefed.'
135. I t must be observed, that in all' causes which come into the' Courts, the res- No natife law-'
péctive parties ip them shall plead in their owm behalf. ‘ It not having 'been heretofore be
usual to empl°y Vakeels, or native lawyers, fop 'this purpose; no persons1 Of this ^ ‘
description shall be admitted, And itis trusted, that litigation* will be considerably
reduced and discouraged by this measure, as the 'trouble of it Will then fell heavily and
entirely on the principals themselves; that class of people not being allowed to eXist,'
1 who •