East India Company Law
APPEALS, BENGAL
ACT NO. XVII. OF 1841
(Rep., by Act 2 of 1869)
[30th August, 1841.]
Passed by the Right Hon’ble the Governor General of India in Council,
On the 30th August, 1841.
AN Act for amending the proceedings in appeals before the Courts of Sudder Dewanny and Nizamut Adawlut in the Presidency of fort William in Bengal.
I. It is hereby enacted, that it shall be competent to either of the Courts of Sudder Dewanny and Nizamut Adawlut, within the Territories subject to the Presidency of Fort William in Bengal, by an Order, under the signature of the Register of such Court, to transfer to such Register the duty of preparing appealed causes for trial, and of executing the decrees and orders of the said Courts, and to authorize him to issue the necessary process, and to proceed thereupon agreeably to the Rules prescribed by the general Regulations of Government.
II. And it is hereby enacted, that in proceedings before the said Courts it shall not be necessary to take any security for costs: and it shall be competent for the said Courts of Sudder Dewanny and Nizamut Adawlut to frame such Rules of practice for the due exercise of Civil and Criminal Jurisdiction vested by the Regulations in those Courts, as may from time to time be found requisite. And such Rules when so framed shall be submitted to the Governor General of India in Council; and after the same shall have been approved by the said Governor General of India in Council, they shall be of the same force as if they were
inserted in this Act.