1 ( 68 )
2 Court handed to him, forward to the Judge of that Court an Appeat
3 Urzee for transmission to the Higher Court, and he must’ procure an en-
4 dorsement on it by the Judge, to the effect that all costs, fees, and fines
5 levied in his Court have been duly paid, and that substantial and reliable
6 security for the amount decreed has also been lodged in his Court.
7 28. Non-compliance with any of these conditions is held as a valid
8 reason for refusing to forward an appeal, or for its rejection in the Appeal
9 Court, should the Appeal Urzee be forwarded to the Superior Court
10 direct. ,
11 29, ° Special jnatractions from the Commissioner alone warrant any
12 deviation from this rule.
13 30. Should the grounds of appeal be corruption or gross partiality,
14 proof of the truth of the charges must be adduced previous to any re-
15 investigation of the case.
16 31. The appellant having complied with the established stipulations,
17 and his appeal having been filed in the Superior Court, the proceedings.
18 of the original Court are sent for, on receipt of which the respondent
19 is called upon for an answer (no reply or .rejoinder are requisite
20 in the Appeal Court,) and on receipt of this document, the proceedings
21 of the original Court are carefully re-examined, and should it be deemed’
22 necessaiy for the further elucidation of the matter, to call for additional ,
23 documentary or oral evidence, the Appeal Court’s power in this respect ©
24 is unlimited. All available evidence. having in this manner been ob-
25 tained, an Appeal Decree is drawn up, confirming or reversing thé deci-
26 sion of the Lower Court, as the case may be.
27 32. Unless under circumstances of corruption, gross partiality, or
28 extreme peculiarity, an appeal decision in cases of personal property is
29 final. In cases involving landed property however, notwithstanding a
30 concurrent ‘opinion on the part of two Courts, a special, or extra-special
31 appeal, the former to the Superintendent or the Adawlut and the latter
32 to the Commissioner, are admissible.
33 33. In all the subordinate Native Courts there are summon peons,
34 The course purse. who are employed in summoning defendants and
35 Sees at oars witnesses, and who receive two annas batta per
36 batte, &€., costs, dieni during the time they are engaged on this duty.
37 34, Witnesses receive, according to their rank and circumstances, an
38 allowance varying from one anna to one rupee daily, besides travelling
39 batta at the same rate when.the distance exceeds ten miles.