1819 Reg Y Sec 32 1817 Itcg \ II St c 24 1810 Rug I Sec } Claust 2 184s) Act IV 1805 Reg. II Siction 2 IRule of lımıtatıon ın cxucuting Di crits pass ed in favour of Govern Inu Int Rulu regarding illegal and forcible dispossesalon from moveable property, and the Magustrates right of anterferunct in such cases ( 8१w ) C O N S T R U C T I O N S No 1345 Held on a reference from the Session Judge of 24 Pergunnahs the mere keeping open of liquor shops at late hours is not within the me Ý intent of the terms “disorderly conduct" and consequently not punishable by the Magistrate under Section 32, Regulation X 1813, but that if any breach of the peace or other misdemeanor occur in consequence of such keeping open of the shops during prohibited hours, the conduct of the Abkar may be considered disorderly, and himself consequently li ible to the penalty provided for disorderly conduct Culcutta Court, 20th Muy, W estern Court, ost July, 1842 No 1346 Held on a reference from the Judge of Purneall, that the rule in Section 24, Regulation XII 1817, which requires Putwarees to produce their accounts when required by the Courts of Justice is applicable to the subordinate Uourts, Moonsiffs who may require to put the rule in force should send the Putwaree with a procelding to that effect to the Zillah Judge Calcutta Court, 24th June, Western Court, 2d August, 1842 No 1347 Held on a reference from the Session Judge of 24 Pergunnahs that a Magistrate is not authorised to attach lands, (paving revenue to Government or under tenures) pending the decision of a case under Act IV of 1840, or to call on the Collector to attach lands according to Regulation V of 1827, before he has come to a decision in a case under the above Act Culcutta Court, 24th June, Western Court, 2d August, 1842 No 1348 On a reference from the additional Judge of Benares, as to the right of Government to take out execution of a decree in its favor, after the expiration of 12 years from the date of Judgment It was held that the torus of Section 2, Regulation II 1805, which Section declares clums on the part of Government to be cognizable by the Courts if preferred within 60 years from the origin of the cause of action, have reference to “ hearing, tryin7, and determinung’ by the Courts of Civil Justice of all claims preferred on the part of Government, but do not extend to the last of claims already adjudged, and that, therefore, Construction No 136, declaring that Decreds may be executed after 12 years, provided, good and sufficient cause for the delay be shown, must be the rule of guidance in all cases whether the decree inay be in favor of Government or a private individual Western Court, 1st July, Calcutta Court, 22d 1dcm, 1842 No 1349 On a reference from the Session Judge of Azimgurh as to the competency of a Magistrate to interfere in a case of illegal and forcible dispossession of chattels or other moveable property with a view to restitution It was ruled, that supposing the fact of illegal and forcible dispossession to have been established the Magistrate is competent to exercise interference in the case, but, if the property should be found to have come into the possession of the party it was discovered with, without proof of any violence or other illegal act in the acquisition, and such party detained it on the plea of some claim or lien on the property, the matter would then be one of Civil and not of Criminal cognizance Western Court, 1st July, Calcutta Court, 29th Idem, 1842 |- [গবর্ণমেণ্ট গেজেট ১৮৪২। ২৪ সেপ্টেম্বর )
