The Criminal Law Journal of India Journal March 30 1908

that the cattle should be delivered to him upon deposit of the fines and charges incurred in respect of them the provision under the Act of 1857 being that in case it complaint had already been made regardiia; the illegality of the seizure no sale could be made till the disposal df the complaint: (4) The provision of Act III of 1857 that u nsiffs and other judicial officers having original juri [...] ten days of the date of the seizure make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District." By Act V of 1898 it was specially provided [tide sec. [...] Where there was a dispute as to the ownership of the laud on which the complainant's cattle were found the complviant stating that the land belonged to A who gave him the right to graze his cattle thereon and the party charged (who had seized and impounded the cattle) claiming the land as his own it was held that the order of the Magistrate referring the parties to the Civil Court was illega [...] with all fines paid and expenses incurred by the complainant.in procuring the release of the cattle" has been constrod so as to include the Court-fee expenses that the complainant may haves incurred in the course of procuring the release of the cattle. [...] The principle cif this decision was specifically extended by Muthuswami Aiyar J. to the case of expenses necessarily incurred even after the release of the cattle and the other judges of the Madras High Court who forell the Full Bench with him agreed in his view of the question.