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CIRCULAR ORDER No. 17.

ALL CIVIL JUDGES AND JUDICIAL COMMISSIONERS.

Dated Calcutta, the 23rd June 1870.

As there is reason to believe that it is becoming a practice

HIGH COURT, &c.,
CIVIL SIDE.
Present:

The Hon. Sir R. Couch, Kt., Chief Justice.
The Hon. G. Loch,

H. V. Bayley,
Louis S. Jackson,
J. B. Phear,

Judges.

for applicants for certificates un-
der Act XXVII of 1860 and
Act XL of 1858 to refrain from
taking out the certificates after
the Courts have passed orders
for the issue of such, and to take
out instead only certified copies

of the said orders, thereby occasioning a loss of stamp revenue, the Court direct that no copies of the judgment or decision of the Courts in certificate cases be granted unless the certificate has been previously issued.

By order of the High Court,

(Sd.) J. S. CARSTAIRS,

Offg. Registrar.

To

CIRCULAR ORDER No. 18.

ALL CIVIL JUDGES AND JUDICIAL COMMISSIONERS.

HIGH COURT, &c.,
CIVIL SIDE.
Present:

The Hon. G. Loch,

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H. V. Bayley,
Louis S. Jackson,

Judges.

Dated Calcutta, the 23rd June 1870.

THE following rules are issued in supersession of those prescribed by Circular Order No. 7, dated 16th July 1869, which is hereby cancelled:

I. All applications for information, or for unauthenticated copies of papers or documents, shall be made at a place and to the Officer designated by the Zillah Judge for that purpose, between the hours of 12 and 2.

II.—The Officer to be so designated shall be either the Recordkeeper or such other paid Ministerial Officer of the Judge's

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Court as can be spared; the Officer taking the duty on each day shall be noted by the Sherishtadar in the Office Diary.

III.-The applications shall be on a printed Form A, in duplicate, to be obtained from the Nazir at the price of 1 pice or anna per sheet. The applicant is to present it with the duplicate, spaces reserved for the date, his name, and residence, and the particulars of the information required filled up. The Officer receiving such application is to enter, in duplicate, in the first column, the consecutive number, and in the fifth column his signature. If he can furnish the information at once, he will note the same on the upper portion of the form in the column for remarks, and make that part over to the applicant, taking the latter's receipt in the column for remarks in the lower portion, which will be retained and recorded in the Office. If he cannot furnish the information at once, he will enter, in duplicate, in the fourth column of the form, the date by which the information can be furnished. The upper and lower portions of the form, with columns 1, 2, 3, 4, and 5 thus filled up, will then be separated. The lower part will be made over to the applicant with a direction to return with it at the time fixed. The upper portion will be passed on to the Amlah to whose Department it pertains, who will enter in the column for remarks the necessary information, and return it to the Receiving Officer before the time prescribed. On the applicant's re-appearance, this upper portion bearing the information will be made over to him, and the lower portion bearing his dated receipt in the column for remarks will be taken from him and recorded in the Office.

IV.-Applications for copies of any papers or documents shall

*N. The books of these forms supplied under the superseded Circular should be unbound and opened, and the separate sheets should be made over to the Nazir for sale.

be, in like manner, received by the same Officer, and shall be in the Form B, which will be obtainable in loose sheets* in the same

way and at the same cost as Form A. Every such application shall be numbered consecutively as received, and the body or main portion of the form shall be passed on into the Office with a memoradum stating the date and hour by which the copy is to be ready, and a corresponding note shall be invariably made on the counterfoil, which is to be returned to the applicant.

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V.-Care will be taken to have the copy ready in each case by the time fixed, before which it will, with the body of Form B attached to it, be handed back to the Record-keeper or other Officer, who, on the original applicant's appearance with the counterfoil, will make over the copy to him, taking his receipt for the same in the last column of the form for remarks, in which the date of such receipt will also be noted. These forms will then be recorded in the Office, filed in the order of their admission in a separate series for each month. At the close of each quarter they will be examined by the Sherishtadar, who will bring to notice any irregularity or unpunctuality that may be apparent in the Department. At the end of the year, the Judge, after satisfying himself as to the working of the Office by an inspection of the forms recorded during the year, may order their sale as waste paper, or direct their destruction.

VI. The Judge is to license as many Copyists to be selected as far as practicable from the Apprentices in his Office,—regard of course being had to their efficiency,―as may be required for the purpose of supplying all applicants with copies without inconvenient delay; and no one but a licensed Copyist is to be employed in the preparation of copies. Copies are to be paid for at the rate of 1 anna for every hundred words in the Vernacular, and of 2 annas for every hundred words in English, four figures counting as one word. On each copy the amount of the fee received is to be noted as follows:

Number of words

(English or Vernacular)

in the copy, at

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VII.-Copies of maps and plans cannot be supplied from the Judge's Office, but application should be made to the Offices where the original maps are deposited. No copy of a copy shall be supplied without express sanction of the Judge.

VIII. The number of Copyists licensed should not be greater than will admit, under ordinary circumstances, of each Verna

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cular Copyist earning at least Rs. 12, and of each English CIRCULAR Copyist earning at least Rs. 20, per month. Each Copyist is to keep a register showing his receipts, which he is to submit once a month to the Judge, who will thus be enabled to regulate the Establishment of Copyists, and to reduce the number, if required, with reference to the provisions of the preceding rule. The Judge may, under pressure of work, depute to his Sherishtadar the duty of examining these registers; but he is, under no circumstance, to omit doing so himself at least once a quarter, and a certificate of his inspection of these books is always to be inserted in the Annual Report.

IX.-A fee of 8 annas shall be charged for searching. No fees are to be required or paid for searching or copying papers wanted by public Officers for public purposes.

X.-A book is to be kept by the Record-keeper, in which all sums received on account of searching are to be entered. These sums are to be handed over daily to the Nazir, and by him paid into the Treasury to the credit of Law and Justice, under such heading as the Government may direct, once a month, or oftener, if, with regard to the amount received, this should be necessary.

XI. The record rooms are not open to the public generally, but public Officers of the district (including Sherishtadars) and Pleaders may enter the record room and examine the record of any case in the presence of the Record-keeper or one of his Assistants. Pleaders, before making such examination, should pay the fee prescribed by Rule IX.

XII.-Loose sheets of Forms A and B should be indented for on the Superintendent of Government Stationery. Either English or Vernacular forms may be thus indented for, as translations of Forms A and B in Bengali and Urdoo have been sent by the Court to the Superintendent.

These rules are only experimental, and the Court will be glad, therefore, to have a report at the end of the year as to how they have worked, and whether or not the fees and charges fixed require alteration.

By order of the High Court,

(Sd.) J. S. CARSTAIRS,

Offg. Registrar.

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No. and Name and Residence Nature of the information required. of Applicant. Date.

formation is to be ready.ceiving the application. Date on which the in- Signature of Officer re

REMARKS.

of Applicant.

No. and Name and Residence Nature of the inform-
Date.

ation required.

formation is to be ready. Date on which the in

ceiving the application. Signature of Officer re

NOTE ON BACK.-These forms may be procured from the Nazir of the Court at 1 pice per single form, or 100 for a Rupee.

The person applying for information is to fill up Columns 1 (except the No.) 2, and 3, and present it to the Officer appointed to receive such applications, who, if the information required cannot be immediately supplied, will fill up, tear off, and return the bottom part of the form to the applicant.

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