汽 t 18, 35 Act \l 1841 Act \X \| 18ሇ ! At 1 \\ 1 \ TMoü 2 1 ከሄ1 ! He, X \\ St. c. 15 1916) Reg XVII SCC 7 ( ; 8 1819 Reg V II 5 re and 6 গবণমেন্ট গেজেট ১৮৪২। ১২ জুলাই। ( ૭ 88 ) CONSTRUCTIONS The following Constructurns of Regulations in the Courts of Sudder Dewanny and Nizamut Adawlut during the year 1842, are published for the unformation and guidance of the Courts of Justice No 1325 صبر ” On a reference from the Session Judge of Behar, “whether it is imperative upon a Magistrate under the provisions of Alt XI of 1835, to sentence any person convicted of a breach of that law, to imprisonment in addition to fine” and whether in the event of a fine imposed under the above Act not being paid, the party" mulcted is to be imprisoned for a further term in lieu of the fine, and for what period ** A reply in the affirmative was given to the first question, and in answer to the second, the Session Judge was referred to Act II of 1839 Culcutta Court, 11th February, Western Court, 11th March, 1842 No 1326 Hold on a reference from the Session Judge of Moradabad, that all appeals from a Joint Magistrate of whatever powers are appealable, under Act XXXI of 1841, exclusively to the Session Judge, and that Construction 858, is conse quently no longer un force Western Court, 12th February, Calcutta Court, 26th March, 1812 No 1327 The Judge of Moradabad having enquired, whether with reference to the comprehensiveness of the wording of the provision contained in Section 2, Act XXIX 1841, viz “ in all cases in which a suit or appeal is dismisscu,” costs are required to be awarded to respondents who shall have made answer and appointed a Vakvel without having been first summoned to defend an appeal when such appeal may be dismissed under the Act 1n question. It was held, that the contingency of the opposite party appearing without being summoned did not appear to be comprehended in the rule adverted to by the Judge, Inasmuch as till the said party be called on to “respond” he cannot in the strict meaning of the word be termed a “respondent ' The Judge was further referred to Construction 67 ஆம which designation is accordingly restricted to “opposite party" Western Court, 18th February, Calcutta Court, 4th March, 1842 No 1328 Held on a reference from the Session Judge of Patna, that in cases before the Session Court as trials, the Session Judge is competent, under Section 15, Re' gulation xxv 1814, and Clause 8, Section 7, Regulation XVII 1816, to order the dismissal of Police Officers convicted of any offence which may appear to require their removal from public office Calcutta Court, 1st Marth, Western Court, 15th April, 1842 No 1329 The following queries were submitted by the Magistrate of the 24-Pergunnahs to which the replies in Juxta-position were given Question l Can workmen, such as Mysteries, Moochees, or other artizans, be brought within the meaning of the enactment quoted, supposing that they have taken advances from their employers and agreed to work for the same without any stipulation as to the precise term or specification of the Job that they are to perform f Answer 1 There must be a stipulated term of service, or a contract for the performance of a specific work to render Section 5, Regulation VII 1819, applicable to the cases alluded to Q 2. By what Magistrate are cases under the above mentioned provisions cognizable, the Magistrate of the Distract wherein the agroomcut was entered
