commanding

officer.

Indorsement. occupation. In such cases the judge issuing the process, shall indorse upon it; "cause of action above 200 Sa. Rs." or, "defendant not regisDelivered to tered," or, "defendant not entitled to privilege of registry;" and shall sign the indorsement. All processes so indorsed, if the defendant be within the limits of the garrison, cantonment, or military bazar, must be delivered, in the first instance, to the commanding officer, and be executed through him as in other cases, (see Section 19 above.) If the defendant be found without the limits, he may be arrested by the civil officer, on process so indorsed. If plaintiff fail to prove the purport of the indorsement, he shall be non-suited, with costs."

Defendant illegally arrest

court,if under 200 Rs. &c.

SECTION 25.-The same as to registered persons of regimental ed by civil bazars (no person to be arrested for any sum unless it exceeds 200 Sa. Rs. by the civil court, the judge to indorse, &c. as in Section 24. The plaintiff if he does not prove the averment of the indorsement, to be non-suited, with costs). If arrested without such indorsement, under any civil process, the commanding officer (being satisfied on inquiry. as to defendant's registry, &c.) shall make out and sign a certificate in the following form:

Certificate by commanding

ing officer, if

Certificate. "I, A. B. commanding officer of (49), do hereby arrest be ille certify, that-of-was registered on the-day of in the year- -, as a person attached to the bazar of the corps, in the occupation of a and that he did at the time of his being arrested

gal.

leases.

on the- -day of

-last, actually and bond fide follow that occupation, as a person attached to the bazar of the corps within the space allotted or ordinarily used for the bazar."

The judge re- The Judge "Upon the production of such certificate, shall cause the same to be recorded, and make out an order for the release of the Plaintiff's ac- person from confinement. The plaintiff may proceed to action, but must prove the averment on the indorsement; or be non-suited, with costs."

tion.

of land and houses, in ba

Proprietors SECTION 26." Commanding officers not to dispossess proprietors zars not to be of land or houses within the limits of military bazars, although such dispossessed. persons shall refuse to be registered, or shall have lost or forfeited

or resigned their privilege of registry (50). If the ground allotted declared to be amenable from the fact of residence; as now, a merchant registered might be compelled to prosecute a non-registered merchant for 200 rupees in the civil court, and if he has a shop in the bazar, though he may have a dwelling-house in the town out of the limits of the cantonments, claim exemption! In such case the shop should be registered, and he thereby become amenable.

(49) The station, see note 46.

(50) This was proper to secure the interest of those possessing houses before the regulation passed, but should not now be in force. See Note 48.

Rules if on Government

to the bazar is the property of Government, and the occupation by the person has been declared by Government merely permissive, commanding officer may make such general regulations, as he may think fit, (51) (subject to the approbation of the G. G. in C.) as to the tenure or occupation of houses, shops, or other fixed places upon such Go- ground. vernment ground, which regulations shall be in writing, and after approved of by Government be published in station orders, with a translation in the language commonly used in the district. Not to be in force till 14 days after publication within the limits of the station bazar." SECTION 19.-CIVIL AND MILITARY AUTHORITIES.

Officers not to write to ci

1.-" Officers not to address judges or magistrates, &c. publicly or privately on cases pending in the civil courts, regarding their ser- vil authorities vants."

2. Any officer having any complaint to prefer to any judge, magistrate, &c. (in which he is personally interested) to write officially.” (G. O. V. P. 26th Nov. 1805.) (52)

3.—“ Commanding officers not to allow magistrates, &c. to be troubled with unnecessary applications." (G. O. C. C. 12th January, 1806).

direct.

No letters with sepoys'

4.—“ Sepoys, &c. proceeding on leave not to be furnished by officers, &c. with letters to judges or magistrates, &c." (Proc. G. G. Jud. petitions, &c. Dept. 27th Sept. 1804.)

5.-" Difference between civil and military authorities to be settled by the Government." (G. O. 26th Jany. 1787.)

to be dressed

Nor sepoy

on leave.

6.—“ Private individuals, whether European or native, (unless Servants not allowed by Government) are not to dress their servants in the uniform in uniform. of soldiers." (Reg. XI. A. D. 1806, Sec. 9, cl. 2.) "Natives not soldiers, prohibited from wearing the uniform of soldiers, cl. 3. Pub. lic servants of officers are not to be dressed as soldiers, cl. 4. Native soldiers (except Subadars, Jemadars, and Serangs) going on leave, not to wear their uniform, cl. 5. Commanding officers of stations, and detachments, zillah and city magistrates, may take away such military dress. If a soldier, send him to his corps with a written complaint. The local police officers may apprehend such persons, cl. 6. This extends to all the Company's provinces."

No badges worn except

7.—“ No servants except those of public establishments, to wear badges (or breast-plates); may be deprived of them by magistrates; by public serPolice officers may apprehend them." Cl. 8.

(51) Submitted through the Quarter-Master-General of the army.

(52) Should be through their commanding officer.

vants.

quired by civil authorities.

Troops re- 8" Magistrates, &c. requiring troops to aid the civil power, to apply, by writing, to the officer commanding the division, district, station, post, &c. and state the service to be performed-the commanding officer to judge of the strength of the force to be sent. The responsibility rests with the magistrate calling for such aid. The commanding officer cannot refuse to furnish troops. The commanding officer to report to the Quarter-Master-General of the army." (53) (Reg. XI. A. D. 1806, Sections 13, 14, cl. 1, 2, 3.

Magistrates &c. to inform

officer of arm

moving in district.

9. Judges and magistrates to inform commanding officers of commanding stations of the arrival in the district of any persons, (subjects of foed bodies reign state,) coming into their districts with armed followers" (and number). (Procgs. G. G. 6th June, 1808, 28th May, 1810.) "Darogahs daroghas, &c. and police officers at a distance from the magistrate, &c. but near any cantonment, &c. to give similar notice to the officer commanding the nearest post." (Procgs. V. P. 18th June, 1811.)

Do. police

Labourers.

Magistrate

to deliver

diers appre

10.-" The civil power has no authority to compel labourers to work even for public works." (Let. M. S. G. 11th December, 1809.) (54)

11.--" Magistrates to deliver over to commanding officers of corps European sol- any European British subjects, attached to the army, (as described in hended of Sections 45 and 60 of 4 George IV. c. 81,) when apprehended within mitted be certain limits (55) on charges of a criminal nature. And, on applicafrom Ft. Wm. tion, to assist commanding officers in the apprehension of such per

crime com

yond 120 mls.

to military.

Debts, cog

sons; and likewise to enforce processes for attendance of witnesses. Not to inquire into criminal matters already tried by a Court Martial. (56) If Magistrates ascertain that they have not been, nor will be tried by a Court Martial; to report to Governor General in Council. To proceed against other individuals, not of the above description as before. Takes away cognizance of actions of debts and other personal nizance of by actions out of provisions of Section 22, of Reg. XX. A. D. 1810, in Or civil courts cases of persons amenable to those of 4 George IV. c. 81, Section 57; if above 400 by which, Section 106 of 53 George III. c. 155, as to debts from European British subjects to natives of India, is repealed, and now come under Section 57, 4 George IV. c. 81. Such British subjects still amenable to the local courts of civil justice, under Section 107, 53

courts of re

quests.

Rs.

(53) G. O. C. C. 2nd Oct. 1821, (and 23rd Nov. 1831.)

(54) This means in time of peace.

(55) Beyond 120 miles from Fort William, Fort St. George, and Bombay, (Sec. 2, 4 Geo. IV. c. 81).

(56) Sec. 16, 4 Geo. IV. c. 81.

George III. c. 155, for debts above 400 Rupees." (57) (A. D. 1825,

Reg. XX. 30th December, 1825.)

perty to na

&c. if above

sanction of

required.

12.-" Neither civil nor military officers of the Hon'ble Company's Sale of pro service, are to sell to foreign Princes, and Chiefs, or natives of tive princes, rank or opulence, residing under the protection of the British Govern- 5,000 Rupees, ment, without due intimation to Government, through the principal Government local authorities, of the proposed sale and transfer, grounds, houses, or corre spond with boats, equipages, horses, elephants, plate, furniture and generally them, direct. every description of private property, exceeding the value of 5,000 Rupees, without the sanction of Government being previously obtained, under such penalties as the particular circumstances of the case may demand." "Nor (G. O. 18th September, 1813) are civil and military officers of Government, to carry on any communication with native Princes and Chiefs, or their Vakeels; except through the channel of the political agents of Government." (G. O. G. G. in C. 7th November, 1821.)

Presents not to be taken by

public

servant, &c.

13.—“ Nuzzurs, (presents.) The custom of taking Nuzzurs, from natives, of money, trays of fruit, and other articles, on occasions of official any and complimentary visits to public functionaries in the service of the Hon'ble Company, is abolished throughout all the provinces subject to this (Bengal) presidency, from date of publication of this order, for the information of all public officers. The public functionaries to acquaint all natives with whom they have official or private intercourse, of this prohibition; and make it generally known. (The tendency of menial servants, &c. to extortion." Resolution of Government, 2nd June, 1829.) "His Lordship in Council is persuaded, it will be received with satisfaction by every officer in the Hon'ble Company's Service." (G. O. C. C. 23rd June, 1829.)

cers.

14.-Commercial speculations. Any military officer proved to have No commercial speculabeen engaged in any mercantile or commercial speculations whatever, tions by offi to the satisfaction of the Governor General in Council, to be forthwith suspended and sent to Europe; with a recommendation to the Hon'ble Court of Directors to discharge him from their army." (G. O. G. G. in C. 1st Jany. 1824).

Carriage of officers & sol

SECTION 20.-MARCH OF TROOPS, CARRIAGE, SUPPLIES, &c. &c. &c. 1.-Carriage (No. 360 of 1824, G. O. G. G. in C. 2nd Dec. 1824 : Sec. 28, Standing Orders, Bengal Native Infantry), (after alluding to diers baggage. (57) It is now settled that Europeans can bring actions against Europeans in the civil courts, and instructions have, I hear, been sent to the civil authorities accordingly. The opinion before was, that natives only could sue Europeans in such

courts.

Hired camels.

Bearers, coolies public on indent.

indent.

superfluous baggage) "In respect to European officers, it is in addition to the carriage for their camp equipage, which, when on full tentage, they must always keep complete; agreeably with existing orders." 2.- Officers of the commissariat department, where Rewaree (hired) camels are procurable, and the collector or other civil officer in all other cases, will be strictly guided by these tables, as exhibiting the utmost extent of carriage sanctioned by Government."

3.—" Individuals with families, requiring bearers, coolies, (58), or additional carriages, at a period of general relief, are invariably to make their own arrangements, for which there is always ample time between the issue of the General Order, and the march of the corps."

Carriage on 4.- Carriage, is not to be supplied by the Commissariat or civil officer except on regular indent, countersigned by officers commanding corps. It is to be hired to a convenient stage in the adjoining district, beyond which it is not to be taken; unless the collector of that district shall certify that a relief cannot be furnished.”

Collector.

Copy of, to

for relief.

5.-" It will be the duty of the collector furnishing the carriage, to next collector forward, immediately, to the collector of the adjoining district, the indent, or a copy thereof, in order to the preparation of the relief of cattle, &c. That this has been done, the officer commanding the troops will satisfy himself, previous to marching, by application to the collector, on every change of cattle."

For not less

6." Indents are not to be made for any detachment under the than a troop strength of a company: on account of such a detachment it is presumed no difficulty can be experienced."

or company.

Demurrage half hire.

7.—" As carriage cannot always be procured at a moment's notice, it is equitable that the owners should be remunerated from the date on which it may be furnished; and it is hereby directed, that demurrage shall be paid at the rate of half the established hire of the district, from (59) the day on which the carriage is procured by the collector or other officer for military purposes, to that of marching; when the full hire is to commence. From the day succeeding the date of arrival, half hire is to be paid for the return cattle or carriage at the rate of (8) eight kos (60) per day. The rate of hire is to be fixed by the civil

(58) Bearers for doolies, or public use, by Commissariat on indent. Commissariat Regulations.

(59) From, includes the day hired, from and after, the day following. BOATS.The ghats of districts are farmed out by the civil power, by whom extra boats will be supplied, on application, in cases of necessity, for crossing, &c. The commanding officer applies to the civil power.

(60) Better have said for each stage, as laid down in the route book.