1 JAMMU AND KasuMin. | 133
2 CHAPTER L-JAMMU AND KASHM Fabia cle
3 APPENDIX A.
4 Notifications providing for the administration of Civel and Criminal Justice.
5 (') No. 605-P., dated the 28th March, 1873.—By virtue of authority duly acquired in that be-
6 half by agreement with the Mahdi djd of Kashmir, the Governor General in Council is pleased, under
7 sections 4 and 5 of Act XI of 1872(7) (the Foreign Jurisdiction and Extradition Act), to delegate XI of 1872,
8 su ne ee Officer for the time being on duty in Kashmir the powers described in the following
9 egulations :— ;
10 I.—The British Officer for the time being on duty at Srinagar shall represent the British Gov-
11 ernment in Kashmir, and for the maintenance of good order the following powers and duties are
12 respectively conferred and imposed upon him :—
13 (a) He may direct any European British subject who is travelling or residing in Kashmir,
14 and who is guilty of any gross misconduct, to leave Kashmir forthwith, and may punish any
15 person knowing of such direction and disobeying the same with rigorous or simple imprisonment
16 fora nea Alias may extend to six months, or with fine which may extend to one thousand rupees,
17 or with both.
18 (b) He shall receive, try and determine in his Court (which shall be called “The Court of
19 the British Officer in Kashmir") all suite of a civil nature between European British sub-
20 fects or between Huropean British subjects and their servants: provided—
21 (1) that the right to sue has arisen, or the defendant at the time of the commencement of the
22 sust dwells or carries on business, or personally works for gain, within Kashmir ;
23 (2) thut the suit is not of the same nature as those susts of which the cognizance by the ordi-
24 nary Civil Courts of British Indta is barred by law.
25 (c) He shall have the powers of a Magistrate of the first class as described in section 20 of the
26 Code of Criminal Procedure (Act X of 1872)(*) for the trial of offences committed by European X of 1873.
27 British subjects or by Native British subjects, being servants of European British subjects :
28 Provided that in the case of any offender being a European British subject, he shall only have
29 power to pass a sentence of imprisonment for a term not exceeding three months, or fine not exceed-
30 ing one thousand rupees, or both ; and when the offence compluined of is, under the Indian Penal XLV of 1800,
31 Code, punishable with death, or with transportation for life, or when it cannot, in the opinion of
32 such officer, be adequately punished by him, he shall (if he thinks that the accused person ought to
33 be committed) commit him to the Chief Court of the Punjab.
34 I[-—Fines shall be recovered in manner provided by section 307 of the Code of’ Criminal X of 1872,
35 Procedure (Act X of 1872),
36 III. — Sentence of whipping shall be carried into execution tn manner provided by sections
37 810, 311, 312 and 313 of the same Code.
38 IV.— Persons sentenced to imprisonment shall be transferred to, and confined in, the Sialkot
39 or Rawalpinds Jarl.
40 V.—The procedure in all civil suits between European British subjects, or European Brite
41 ish subjects and their servants, shall be regulated by the Code of Crvil Procedure. T'he pro= vItt of 1850.
42 cedure in all criminal prosecutions shall be regulated by the Code of Criminal Procedure. X of 1872.
43 VI.—The said officer shall make rules to regulate the service and execution of processes issue
44 ing from his Court, and shall fix the feeg to be charged to suitors for serving such processes.
45 VIIL—All questions of law, or fact, or both, arising in cases before the said officer, shall be
46 dealt with and determined according tu the law administered in the Courts of the Punjab.
47 VIIL—The said officer shall keep such registers, books and accounts, and subinit to the Lieuten-
48 ant-Governor of the Panjab such statements of the work done in exercise of the aforesaid powers,
49 as may from time to time be prescribed by the said Lieutenant-Governor. He shall also comply
50 with such requisitions for records as the said Lieutenant-Governor may from time to time make
51 upon him.
52 : IX.—Duties and fees of the same amount respectively as the stamp duties and Court-fees pre-
53 scribed by Act XVIII of 1869(4) and Act VII of 1870 shall be enforced by the said officer. XVIII of 1869,
54 X.—There shall be no appeal against any order, judgment or decree passed by the said officer in VII of 1870.
55 a civil suit. But if, in the trial of avy such suit, any question of law or as to the coustruction of a
56 document (which construction may affect the merits of the decision) shall arise, he may draw up a
57 statement of the case and refer it for the decision of the Chief Court of the Panjab, and he shall,
58 on receipt of a copy of such decision, dispose of the case conformably thereto.
59 =~
60 t As to the italicised portions of this Notification, see note on p. 135, infra.
61 2) Feo now Act XXI of 1879, as. 2, 4 & B. :
62 (3) See now Act X of 1882, applied by Notification No, 933 E., dated the 8th May, 1891, printed infra, p 134.
63 (*) Repeoled in British India by Act 1 of 1870,