1 Benga Native Starxg.] 27
2 CHAPTER I.—THE TRIBUTARY MAHALS OF ORISSA—comtinwed.
3 cases, The administration of criminal justice is, with that exception, in the hands of the
4 officers under the British Government. Special rules of procedure were framed in 1839 by
5 the then Superintendent of the Tributary Mahals, though the were not formally sanctioned
6 by the Government, yet the officers entrusted with the administration of criminal justice in
7 these mahals were directed to follow the spirit of these rulés as closely as possible,
8 ‘The recent orders of Government regarding the powers to be exercised by these
9 officers are thus succinctly recited in the judgment of Cunningham, J., in the case
10 already referred to (page 531)('), On the 12th December, 1870, the Secretary of the Bengal
11 Government addressed the Magistrate as ex-officio Assistant Superintendent, Tributary
12 Mahals, informing him that, as ex-oficto Assistant Superintendent of the Tributary
13 Mahals, he was empowered to take up for trial all offences committed within the Tributary
14 Mahals not punishable with death, and to pass sentences not exceeding seven years, sulmit-
15 ting his proceedings, in each case, to the Superintendent. Trials thus conducted were to be,
16 as far as possible, in accordance with the Criminal Procedure Code.
17 ‘¢In 1872 the Government of India vested the Superintendent of the Tributary Mahals
18 with the powers exercised by a Sessions Judge in Regulation Districts, and with power to hear
19 appeals from sentences passed by any subordinate officer in Tributary Mahal cases.
20 On the 30th April, 18783, the Government of Bengal addressed the Superintendent of
21 the Tributary Mahals, in answer to a letter submitting a tabular statement of the powers
22 then exercised by officers in the Tributary Estate of Orissa, and the powers which, in the
23 opinion of the Superintendent, ought to be exercised in accordance with the spirit of the new
24 Criminal Procedure Code, authorised the Superintendent to exercise the powers of Magis-
25 trate of a District and of a Sessions Judge ufder section 15 of the Act, and gave him power
26 to hear appeals from sentences under section 36. The Magistrates and er-officto Assistant
27 Superintendents of the Tributary States were invested with the powers of a Magistrate of the
28 first class, and under sections 36 and 222 of the Code.”
29 The Superintendent of these mahals exercises the powers of a Political Agent under
30 Chapters IV and V of the Foreign Jurisdiction and Extradition Act, XXI of 1879. See
31 Notification No. 1368-1, dated the 26th March, 1891, in Gazette of India, 1891, Pt. I, p.171.]
32 The only other British Enactment, so far as is known, in force locally in these mahals
33 is the following :—
34 British-Indtan Enactment, namely,—
35 Local Order under an Act in force generally in all Native States in India.
36 SS
37 Year.| No, of Act. Subject of Act. Section. Subject of Notification. Notification,
38 oe SE RE ST RO
39 meee |) eee |
40 a
41 1872 XV | Christina Marriage 8 | Appointing the Christian | No. 930-I., dated the 28th
42 Missionary in charge of | February, 1889.—In exer-
43 the Moharbunj Settle-| cise of the powers conferred
44 ment to te a Marriage} by section 8 of the Indian
45 Registrar for the Mohar-| Christian Marriage Act, XV
46 bunj State. of 1872, the Governor Gene-
47 | ral in Council is pleased to
48 ! appoint the Christian Mis-
49 ° sionary in charge of the
50 | Moharbunj Settlement, for
51 the time being, to be a Mar-
52 | riage Registrar in respect of
53 : the Moharbunj State.
54 [See Gazette of India, 1889,
55 | Pt. I, p. 182. ]
56 (') See 71, L. B., Cal. 528, quoted above.