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Legislation and justice
The laws in force in Bengal consist of (i) Acts of Parliament relating to India ; (2) certain still unrepealed Regulations of what was known as the Bengal Code, framed by the Executive Govern- iifstice nient before the creation of the legislative bodies j (3) Acts of the Governor-General's Legislative Council, now constituted under the Indian Councils Acts, 1861 and 1892; (4) Regulations for certain backward tracts issued by the Government of India under the Statute 33 Vict., c. 3 ; and lastly, (5) Acts of the Bengal Legislative Council. Ihe Bengal Council came into existence on January 18, 1862, under a proclamation by the Governor-General-in- Council which extended the provisions of the Indian Councils Act,
186 1, to the
Bengal Division of
the Presidency of Fort William '. The Council at first consisted of
twelve members and a president, the Lieutenant-Governor of Bengal; but this
number has been raised to twenty under the Indian Councils Act, 1892. By regulations
made under this Act, it has been provided that of the twenty members not more
than ten shall be otificials ; of the non-official members seven are nominated by the
Lieutenant-Governor on the recommendation of certain local bodies and
associations, and three at his own discretion. The financial position of the
Government of Bengal is explained in Council every year, and is there open to
criticism, so far as it concerns the branches of revenue and expenditure that
are under the control of the Government of Bengal. There is also a right of
interpellation, which is limited to matters under the control of the
Lieutenant- Governor,
who may disallow questions which appear to him to be
inconsistent with the public interest. No resolution can be proposed or division
taken in connexion with the financial statement.
Among the legislative measures enacted since 1880, which specially affect this
Province, the following deserve mention :— Act of the
Indian Council The Bengal Tenancy Act (VIII of 1S85). Acts of the Bengal
Council The Bengal Drainage Act (VI of 188o\ The Cess Act (IX of 188o). The Bengal Municipal Act (III of
1884V The Bengal Local Self-Government Act (III of
1885). The Calcutta Port Act (III of 1890). The Public Demands Recovery Act (I
of 1895). The Calcutta Municipal Act (III of 1899").
In respect of civil justice the High Court at Calcutta (more properly
designated the High Court of Judicature at Fort William in Bengal) is a court
of record and equity, and is constituted under the Indian High Courts Act,
1861, as the supreme court in Bengal, exercising both original (including
ecclesiastical, admiralty, and bankruptcy) and appellate jurisdiction. Below
the High Court are the District and Additional Judges, the Small Cause Courts,
the Subordinate Judges, who are sometimes also appointed to be Assistant
Judges, and the Munsifs. Of these, the District,
Additional, and Assistant Judges also exercise the powers of a criminal court ; the others are purely civil judges, with the
exception of a few Munsifs who are vested with magis- terial powers. The
ordinary jurisdiction of a Munsif extends to all
original suits cognizable by the civil courts in which the value of the
subject-matter ' As regard:; legislation and ihe functions of the Provincial Legislative Councils, see
Vol. IV, chap. v.
in dispute does not exceed Rs. i,ooo, or, if
specially extended, Rs. 2,000. The jurisdiction of a
Subordinate Judge
or District Judge extends to all original suits cognizable by the
civil courts. It does not, however, include the powers of a Small Cause Court
unless these have been specially conferred. Appeals from Munsifs
lie to the District Judge, or to the Subordinate Judge, if the High Court, with
the sanction of the Local Government, so direct. Appeals from Subordinate
Judges lie to the District Judge, except when the value of the subject-matter
exceeds Rs. 5,000, in which case the appeal lies to the High Court. Appeals
from the decrees and orders of District and Additional Judges lie to the High
Court. An appeal may, subject to certain restrictions, be preferred from the
High Court to the Privy Council in England, if the amount in dispute exceeds
Rs. 10,000. The powers of Courts of Small Causes are regulated by Act IX of
1887. Subject to certain exceptions, their jurisdiction extends to all suits of
a civil nature of which the value does not exceed Rs. 500, a limit which may be
increased to Rs. r,ooo by a
special order of the Local Government. The Local Government is empowered, under
Act XII of 1887, to invest Subordinate Judges and Munsifs
with Small Cause Court jurisdiction for the trial of cases not exceeding Rs.
500 in value in the case of Subordinate Judges, and Rs. 100 in the case of Munsifs. In civil suits above a certain limit Calcutta is
under the original jurisdiction of the High Court. The Small Cause Court of
Calcutta has a purely local jurisdiction and is regulated by a special Act. The
principal statistics^ relating to civil justice are embodied in the statement below : —
div class=Section1>
Township
u
It
C "3
s
<
Number of
Population
in IQOI
Population per
square mile
Percentage of
variation in
population be-
t\\een 1891
and 1901
Number of
persons able to
read and
\\ rite
1
<u
afl
_rt
>
Pyapon
Bogale
Kjaiklat
Dedaye
District total
431
T >57
277
372
I
I
I
157
272
394
312
43,9 22
43,75 6
71,770
66,995
IO2
41
259
I So
-r 80
+ 35
+ 51
+ iS
16,598
25,680
20,100
^SS 2
2,137
3
M35
226,443
106
+ 63
81,930
</div>
div class=Section1>
Township
u
It
C "3
s
<
Number of
Population
in IQOI
Population per
square mile
Percentage of
variation in
population be-
t\\een 1891
and 1901
Number of
persons able to
read and
\\ rite
1
<u
afl
_rt
>
Pyapon
Bogale
Kjaiklat
Dedaye
District total
431
T >57
277
372
I
I
I
157
272
394
312
43,9 22
43,75 6
71,770
66,995
IO2
41
259
I So
-r 80
+ 35
+ 51
+ iS
16,598
25,680
20,100
^SS 2
2,137
3
M35
226,443
106
+ 63
81,930
</div>
