173 CHAPTER V. MILITARY COURTS OF REQUESTS. SECTION 1.-(EUROPEAN) WHERE TROOPS ARE SERVING BEYOND JURIS- Against of ficers, noncommissioned officers, and Calcutta Court does not extend to Dum-Dum, or Barrackpore. (Section 57, 4, Geo. IV. c. 81.) 1.-" And be it enacted, that in all places where the said Company's forces now are or may be employed, or where any body of His Majesty's forces may be serving with the forces of the said Company, situated beyond the jurisdiction of the Court of Requests, established at the cities of Calcutta, Madras, and Bombay, respectively, actions of debt and any personal actions against such officers, non-commissioned officers, or soldiers, all persons licensed to act as sutlers to any corps or detachment, or at any station or cantonment, or other persons amenable to the provisions of this Act, (1) soldiers, &c. or resident within the limits of a military cantonment, (2) shall be cognizable before a Court of Requests composed of military officers, and not elsewhere; provided the value in question shall not exceed 400 sicca rupees, (3) and that the defendant was a person of the above description when the cause of action arose; which court the commanding officer of any station or cantonment is hereby authorized and empowered to convene, and the said court shall in all practicable cases consist of five commissioned officers, and in no instance of less than three, and the president thereof shall not be under the rank of a three officers. Captain and every member assisting at any such court, before any proceedings to be had before it, shall take an oath." (4) (1) Not natives or native soldiers. See Sec. 63 of the Act. (2) European shop-keepers, &c. (3) If it exceeds 400 Sicca Rupees, plaintiff must sink the claim to that sum, which is the practice in Calcutta, and by Circular, No. 528, A. G. O. 1st May, 1829, par. 8, and it is now settled, that Europeans can sue Europeans in the provincial civil courts, under Sec. 107, 53, Geo. III. c. 155, (Sec. 4. cl. 3, A. D. 1825, Reg. XX. 30th December, 1825.) (4) The oath laid down in this section is repealed by Sec. 126, 9, Geo. IV. c. 74, as to taking an oath upon the "Holy Evangelists," by Section 37 of which they may, instead thereof, be sworn according to the forms of their respective religions. But the members may legally take an oath on the "Holy Evangelists." The 126th Section repeals the 57th Section in favor of conscience. Where there is no objection, the usual manner is on the "Holy Evangelists." Not exceed ing 400 Sa. Rs. of five and not less than Oath members. Witnesses sworn. by tion or declaration. or part. "I —— will duly administer justice according to the evidence, in the matter that shall be brought before me." "So help me God." (5) "And every witness before any such court shall be examined on oath, which such courts are hereby authorized to administer; or if Or affirma- natives of the East Indies, an oath or solemn declaration, as the circumstances of the case may require; (6) and it shall be competent for such courts, upon finding any debt or damage due, either to award execution thereof generally, or to direct that the whole, (7) or any part Stop whole thereof, shall be stopped and paid over to the creditor, out of any pay or public money (8) which may be coming to the debtor in the current If execution or any future month; and in case the execution shall be awarded generally, the debt, if not paid forthwith, shall be levied by seizure and public sale of such of the debtor's goods as may be found within the camp, garrison, or cantonment, under a written order of the comIf not paid, manding officer, grounded on the judgment of the court; and the goods sale of goods. of the debtor, if found within the limits of the Company's garrison or cantonment, to which the debtor shall belong at any subsequent time, shall be liable to be seized and sold in satisfaction of any remainder If not enough, of such debt or damages; and if sufficient goods shall not be found half pay, &c. within the limits of the camp, garrison, or cantonment, then any public generally. seizure and lic pay. money, or any sum not exceeding the half-pay (9) accruing to the debtor, If no pub- shall be stopped in liquidation of such debt or damage; and if such debtor shall not receive pay as an officer or soldier, or from any public department, but be a sutler, servant, or follower, (10) he shall be (5) Being once sworn is sufficient to allow the court to decide all the cases which may be brought before it. (A. G. Letter, No. 2264, 8th August, 1828.) (6) By Section 36, 9, Geo. IV. c. 74, every Quaker or Moravian may, in criminal or civil cases, make a solemn affirmation, or declaration. “I, A. B. do solemnly, sincerely, and truly declare and affirm;" and natives of any country within the limits of the charter of the United Company, in any case, criminal or civil, shall, instead of taking an oath in the usual form, be permitted to make a solemn affirmation or declaration, in such manner and form as the court shall deem sufficiently binding upon the conscience; which affirmations, &c. shall have the same force as an oath, and be subject to the same penalties, as in the case of wilful and corrupt perjury. See Note 20, Oath. (7) The whole. As the debt may be 400 Sicca Rupees, if the officer's pay and allowances were 400 rupees, the whole could be stopped. The term half-pay, after execution and sale of effects, show that a distinction is made between the cases. For, in the former instance, he retains his property, but not in the latter! not that it is usual, but a court may legally award the whole 400 rupees, from one month's pay, &c. The words "or public money" include allowances. (8) Prizc-money, donation, &c. (9) See note 7. (10) Shop-keepers are among the class of sutlers, &c. In case 1. it will be seen arrested by like order of the commanding officer, and imprisoned in some convenient place within the military boundaries, for the space, Payment or imprisonment of two months, unless the debt be sooner paid: provided always, that from and after the time limited for the commencement of this Act, so much of 53, Geo. III. c. 155, (charter,) as gives to magistrates the cognizances of debts due from officers and soldiers, being (European) British subjects, to the natives of India, resident without the jurisdiction of the Court of Requests therein mentioned, (Calcutta, &c.) shall be, and the same is hereby repealed accordingly." (11) SECTION 2. To be held, MONTHLY, IF NO COMPLAINTS. held monthly, or oftener. Notice tomtomed for two By G. O. G. G. in C. No. 244 of 1824, 19th August, 1824, (con- Sec. 2. To be firmed by G. G. O. 23rd September, 1824.) "The courts are to be held monthly, (12) whether there be complaints or not, some convenient day before the issue of pay, and that the order for the assembly of the court be tom-tomed through the bazars and cantonments, at least two days before its assembling, to give due publicity as to time and place. If no complaints, an entry to be made on the proceedings accordingly: If no cases, and the monthly return of the station to exhibit that the order has an entry therebeen obeyed and for which commanding officers are responsible." SECTION 3.-GENERAL RULES FOR COURTS OF REQUESTS. (Circular, SIR, ་་ No. 528, A. G. O. 1st May, 1829.) 1.-" Doubts, &c. for your information and guidance." 2.-" The decision of a Court of Requests cannot be appealed from to any other military court; but, its decisions are subject to review, as are the decisions of all inferior courts, in the Supreme Court, for any manifest injustice or illegality." (13) that the Calcutta court sometimes allows of instalments. But the military court does not, except the defendant receives public pay. (11) Except in cases exceeding 400 Sicca Rupees. See Note 3. Soldiers in H. M. service not arrested for a debt under £30, cl. 3, M. A. 1832. A Company's soldier not under 200 Sicca Rupees, Sec. 55, 4, Geo. IV. c. 81. days. of. Section 3. General rules for court. (12) "At least once a month, or more frequently, should it be necessary. All Interpreter. such courts are to be attended by a regimental interpreter in turn." (G. O. G. G. in C. No. 288 of 1824, 23rd September, 1824.) (13) "As in the case of Captain H. D. Courtayne, who on the 18th March, 1833, was sued by Messrs. Mackenzie and Lyall of the Exchange, in the Court of Requests, for a debt alleged to be due to them. The case came on a second time, for hearing, before Messrs. MacLeod and Alexander, on 25th March, 1833, when Captair C. found that Dwarkanauth Tagore, who had been subpœnaed, and whom he considered a material witness for the defence, had not attended, and requested that an attachment might be issued against him, and the case be postponed. The Commissioners refused to comply with his request, as well as to examine another witness who was then attending on his behalf, and decreed the case against him, Command error. 3.-" In the event of a commanding officer being aware of an error ing officer may point out or omission in the proceedings of a Court of Requests, he may point it out, and the court may without impropriety receive any suggestion of this nature, and correct the error; but it would not be regular in Can't revise, him to direct the proceedings to be revised, because he disapproved of the decision the court had come to. Its judgment is final. A comNor refuse manding officer can neither disapprove of its award, nor refuse to carry it into execution." to award. execute Decide claim 4. The court cannot enter into a complaint beyond passing its in full or part, decision on the sum sued for. It must decide, whether the claim be, or be not, substantiated, in part, or in full." Desertion. 5.-"The court is competent to weigh the inconvenience a master is put to by the desertion of a servant, against the claim of such serWages stop vant for wages; and it appears to be the practice to deduct half a month's or a whole month's wages, according to the case." (15) ped. No criminal jurisdiction. Off set for perty. 6. The court, having no criminal jurisdiction, is not authorized to investigate cases of maltreatment, excepting when connected with a servant's desertion, and then only, when he sues for his wages in this court." (16) 7." It is competent for a Court of Requests to make deductions damage to pro- from wages, when sued for in this court, for articles proved to have been lost, or wilfully damaged, through the negligence of the complainant." (17) than 400 Rs. If debt more 8.—" A plaintiff may bring his suit for a larger debt than 400 rumay sink it pees, provided he agrees, and is willing, to limit his demand to the sum above-mentioned, and to release and quit claim to the surplus of the said debt, over and above the sum of 400 rupees." (18) to 400 Rs. though he protested against the decision. Captain C. applied to Sir J. Franks, in chambers (not being term time), for a writ of certiorari, to control the proceedings of the Court of Requests, and to transfer them for appeal to the Supreme Court. Sir J. F. granted the writ. The Commissioners issued the order for Captain C.'s arrest, and Mr. Nicholson intimated his intention to apply for a writ of attachment against them. Captain C. was arrested by the Petty Court Bailiff. On the same day a writ of Habeas Corpus was obtained, commanding the Bailiff to produce the body of Captain C. before Sir J. F. It appearing that he was in custody of the Petty Court Jailor, Captain C. was discharged on the ground of deficiency of the return." (India Gazette, 15th May, 1833.) (14) Provided the amount decreed does not exceed 400 Sicca Rupees. (15) See case 1. (16) See note 20, contempts, &c. (17) See note 46, case 1. (18) See note 3, Ahom, Chinaman, v. Captain Sherriff of the Flora. Claimed 9. "It has been customary to consider 15 days, or a month's Fifteen days' warning, sufficient, previously to discharging or quitting service." or month's notice. Error award. in be 10. In the event of a Court of Requests erring in the mode by which it may direct its award to be carried into effect, and ordering the amount awarded against a person not in the receipt of public allowances, to be paid by monthly instalments, it is competent May pointed out to for the commanding officer to return the proceedings of the court, court. which will correct the mistake committed; and if the court be dis- If dissolved. solved, to direct the trial to proceed de novo before another court, the A new court. award of the former court being null. (19) As the commanding officer has not power to act, but under the decree of the court, that decree being vitiated by the supposed error; he cannot proceed to levy the sum awarded, by the seizure and sale of the parties' goods, or to imprison the debtor." Subsistence to debtor 1 11. "Subsistence money is to be afforded to the imprisoned debtor, by the party at whose suit he is imprisoned, and the allowance pre- anna daily. scribed by the Court of Requests is one and half-anna per diem, to be paid in advance; and in failure of one day's allowance being paid, the debtor is to be released." (20) Natives not except execu imprisoned, 12.—“ The regulations of this Government for military courts to try actions of debt between natives do not admit of imprisonment in liquidation of the debt, but enact, that if the execution is awarded ly is awarded 478 rupees, but deducted the odd 78 rupees, and sued for 400 rupees, rather than prosecute in the Supreme Court. (Calcutta Ct. R. 21st March, 1831.) In the case of Mackintosh, Stewart, and Bailie, v. Moore and Cowel, Supreme Court, 12th January, 1830, Sir C. Grey and Ryan said, the case should have been brought in the Court of Requests, and that in such cases the judges of the Supreme Court never gave costs. Verdict for plaintiffs 200 rupees, without costs. (19) See case 1—and where the necessary evidence may not have been received; or where, as in case 8, the party could not, at the time, produce the witnesses to prove his case. PRACTICE OF THE CALCUTTA COURT OF REQUESTS. tion general and goods insufficient. (20) By the PROCLAMATION by G. G. in C. 24 Oct., 1819, for the Calcutta court Proclamation. -One month's diet money shall be lodged by creditor within three days after the imprisonment, at 14 anna per diem, and he is to continue to pay such deposit to the keeper or his deputy in advance-within the last three days of the first, and every succeeding month, during the imprisonment. If not, debtor, on certificate of jailor, or his deputy, may apply to court for discharge, which the Court of Requests will grant. IMPRISONMENT. Debt not exceeding 10 rupees, not exceeding 1 month: Imprison ment. |