1 26 [Parr II.
2 CHAPTER IT.—-THE TRIBUTARY MAHALS OF ORISSA.
3 S eeamEnienieaaaeel —s:
4 ae an Se en cro — ee ee ne ee oe et ee ay eS —_—
5 CHAPTER II.
6 THE TRIBUTARY MAHALS OF ORISSA:
7 Comprising the following seventeen Mahals(!) :—
8 1. Moharbunj. 7. Hindol. 13. Ranpur.
9 2. Keonjhar. 8. passinghpue, 14, Athgarh.
10 8. Nilgiri. 9, Tigarid. 16. Pal Lahara,
11 4. Dhenk&nal. 10. Baramba. 16. Boad.(*)
12 5. Daspalla and Joremo.(*) 11. Khandpéra, 17. Athmalik.
13 6. Talcher. 12. Naydégarh.
14 [For the relations of the British Government with these mahals, which are under the
15 olitical supervision of the Commissioner of Cuttack as Superintendent, and the Magistrates of
16 alasore, Midnapore, Puri, and Cuttack as Assistant Superintendents, see Aitchison’s Treaties,
17 Vol. I, pages 107—121, and the judgments delivered by certain Judges of the Calcutta
18 High Court in the cases reported in Indian Law Reports, 7 Cal., 528, and 8 Cal., 985.(4)
19 In the latter case a majority of a Full Bench ruled that, notwithstanding the fact that these
20 mahals had formed the subject of certain legislative enactments(*) made by the British Gov-
21 ernment, the mahal of Moharbunj was not a part of British India. As there does not
22 appear to be any material distinction between Moharbunj and the other Tributary Mahals in
23 regard to its relations with the Government, it is apprehended that the Full Bench decision
24 in the case of that mahal practically settles the status of the other mahals also.
25 With regard to the extent of the civil and criminal jurisdiction exercised by the
26 British Government in these mahals, no formal enactments defining the powers of British
27 officers therein have evor, so far as is known, been published. The following extract from the
28 judgment of Mitter, J. (1. L. R., 8. Cal., 997), will show however what powers were actually
29 exercised by our officera(®) in 1882 :—
30 “Tn these mahals the administration of civil justice, excepting in cases provided for
31 by Regulation XI of 1816 and Acts XXI of 1845 and XX of 1850, has been left entirely
32 in the hands of the Native Rijés, who have no criminal jurisdiction except in petty
33 (2) Two other mahals (Angul and Banki) were annexed by Government for the miaconduct of their Chiefs. They
34 wore constituted one Scheduled District under Acta XIV and XV of 1874, but from the lst April, 1882, the mahal of
35 Banki was separated off and annexed to the regulation district of Cuttack—see Act XXV of 1881.
36 ”) Thoas are two distinct and scparate mahals, but are held by one Chief,
37 (®) The Khandmale of Boad arc in a somewhat different position from the rest of that mahal, inasmuch as they have
38 been under sole British administration for many years.
39 (*) Followed in I. L. B., 9 Cal., p. 288, where it was held that the Court had no power, cither by way of appeal or
40 revision, to interfore with a sentence passod by the Superintendent of the Tributary Mahals whon eaercising jurisdic-
41 tion over Moharbunj, a place not situated within the limits of British India.
42 (*) See tho following enactments :—
43 Bengal Regulation 1V of 1804 (Criminal Law, Cuttack] (repealed by Act VIII of 1868), Bengal Regulation XII
44 of 1805, ss. 86 and 87 (Revenuc Law, Cuttack], Bengal Regulation XIII of 1805, s. 13 [{Police, Cuttack], Bengal
45 Regulation XIV of 1805, «. 11 (Civil Suits, Cuttack] (repealed by Act XII of 1876); Bengal Regulation XI of 1816
46 Succession, Tributary Estates, Cuttack}, Act XXI of 1845 [Moriah sacrifices] (repealed by Act XVI of 1974), and Act
47 X of 1850 [ Boundaries, Tributary Mahals, Cuttack], which the majority of the High Court held to relate only to
48 the bas ee - ao would properly and naturally be exercised by a paramount power (per Pontifex,
49 J. 1. L. R., 8. Gal, “ i
50 ; (*) This is believed to be a correct statement of their present powers, save that by more recent ordcrs issued
51 in 1864 and 1886, (2) the Commiesionor of Orisea as Superintendent, and the Magistrates of Balasore, Midnapore,
52 Puri and nice as Assistant Superintendonts, have been directed ordinarily to exercise their criminal juriadiction
53 within the Mahals; and (2) the Assistant Superintendent of Balasorc has been invested with the powors of a Seasions
54 Judge for the ial of cfsea committed from the States of Nilgiri and Moharbuuj.