Council of State Debates Wednesday 13th September 1922 Official Report

The SECRETARY of the COUNCIL : Sir I am directed to inform the Council of State that the following motion was carried in the Legilative Assembly at their meeting on the 11th September 1922 and to request the concurrence of the Council of State in the recommendation contained therein 'namely :— That the Bill further to amend the Cantonments (House-Accommodlion) Act 1902 be recommitted [...] Thereupon the draftsman has to consider not only the effect of that small amendment upon that clause and upon the section which is being amended but also the effect of the small amendment on the other 150 odd clauses of the Bill and further than that the effect of the amendment on the remaining 550 odd clauses of the Code. [...] We have altered the section to the effect that where it appears to the Magistrate that there is any reliable evidence in support of the denial of the public right the Magistrate shall stay the proceedings until the matter of the existence of such right has been decided by a competent Civil Court. [...] Now you will find that the first portion of this suclause (8) makes it obligatory on the part of the Court to adjourn the hearing of a criminal case in order to enable the Public Prosecutor the complainant or the accused person if he notifies to the Court his intention of applying to the high Court for transfer of that case. [...] It was intended to make the adjournment obligatory only in the ease of applications made before the framing of the charge ; in the ease of application made after the framing of the charge it was intended to make it obligatory only if the accused furbished the requiri:d bond.