পাতা:গবর্ণমেণ্ট্‌ গেজেট্‌ (জানুয়ারি-ডিসেম্বর) ১৮৪২.pdf/৪১০

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“Otli J)eć 1836 and 24th Duc 1841 ሣኔ 1uth July, 1842 %0th Dec 1836 Jd July, 1840 3d July, 1840 19th April, 1841 15th April, 1881 2d Jan 1854 Moteellal Opudhea WGROUIS Jugurnath Gurg Page 1, Moore s Reports 29th Sept 1837 ( g ۰ x ) SUDDER DEWANNY ADAwLUT Rules and Constructions in Cases of Appeal to England, by the Sudder Dewanny Adawlut In cases appealed to, the Queen in Council a security bond for the payment of all such costs of suit as are likely to be it curred by the appeal shall be filed with the petition of appeal, within six calendar months from the day of the date of the Judgment or decree complained of, or otherwise the appellant shall not be čonsidered to have preserved his right of appeal The security bond shall then be sent to the Judge of the Zillah, to ascertain that the same is good and sufficient, and a further period of six calendar months, shall be allowed to the appellant for this purpose If at the expuration of that period, the appellant shall not have satisfied the Court of Sudder Dewanny Adawlut, that the security is good, he shall be called upon to deposit in Court, the amount of security required, in money or Government Prgmissory and in default of doing so within a further period of three calendar months, he shall be considered as having forfeited his right of appeal to the Queen in Council, under the provisions of Regulation XVI 1797 In cases in which a security bond for the payment of costs shall not be filed with the petition of appeal, or within six months from the day of the Judgment or decree complained of, and the appellant shall not move the Court within the above period for permission to deposit, in money or Government Promissorv Notes within three months from the date of the expir ution of the period allowed for an appeal the amount of security required, his appeal shall be struck off Should he however, move the Court for permission to deposit money stcurity he shall be allowed three months calculated as above for that purpose, and in defult of deposit, shall be considered as having forfeited his right of appeal Should any security be discovered to be bad, after having been admitted by the Court, the appellant shall be called upon to furnish further security and to satisfy the Court that the same is good, within three calendar months, or in default of doing so, within that period to deposit the amount of security required in Court within a further period of three calendar months, otherwise, his uppen! will be struck off the file of the Court, and he will bul considered to have forfeited all right of appeal under Regulation XVI 1797 In appeals to the Queen in Council, only the papers specified in Section 5 Regulatnom XVI 1797, £o be translated. Whenever a case appealed to Her Majesty in Council may be ordered for translation, the Register will prepare a list of the papers to be translated, and subunit the sama with two copies thereof to the Judge in the Miscellaneous de partment, a copy will be given by the Judge to the Ple iders of each of the parties to the suit, with instructions to file within a given time any objections to the list they may wish to make, and to state whether they are desirous of having any other papers (specifying the same) translated to accompany the record to be sorwarded to England A petition praying for the admission of an appeal to the Queen in Council in Jorma pauperts to be written on stamp paper of the value of two Rupees as a miscellaneous petition No pauper appeal to Her Majesty in Council can be admitted, unless the ap pellant give security to the satisfaction of the Court for the payinent of all such costs, as the Court may think liable to be incurred by the appeal, as well as for the performance of such order or Judgment, as Her Majesty, her heirs, or successors, may think fit to give thereupon In cases in which the have been transmitted to England, deeds of com promise or agreement filed by the parties to be translated and forwarded in the usual ‘manner through the Government, to the Privy Council, in order that the necessary order may be issued for striking the appeal off the file of pending appeals w; But in cases in which the papers of the case have not been transmitted to England, the deed of agreement may be adutted by the Sudder Dewanny Adawlut For the recovery of expences incurred by the Court of Directors on account of appeals to the Queen in Council, the Government Pleader, under instructions from the Government, is to sue out execution in the Zillah or City Court, in the same manner as in cuses in which Government is a party [গবণমেন্ট গেজেট ১৮৪২ । ১৬ আগষ্ট ।]