LORD STANLEY OF ALDERLEYhad the following question on the Paper: To ask the Under Secretary of State for India what steps have been taken to bring the practice of the Appeal Court of Bengal into harmony with the law and the practice of the Appeal Court of the Madras Presidency, by directing the Appeal Court of Bengal to communicate to a lower court the fact of its having reversed a sentence of the lower court, so as to prevent the abuse now existing in cases of persons who have been subject to a criminal charge, and fined by a lower court, and who have obtained a reversal of such sentence from the Appeal Court, of being subjected to some months delay, and to the payment of additional stamps in order to recover the amount of fines wrongfully paid by them. He said that he had reason to believe that the ground of the complaint to which the question referred had now been removed. He desired to tender his thanks to the present Secretary of State for India and his predecessor for the steps which they had taken in the matter.
THE UNDER SECRETARY OF STATE FOR INDIA (The EARL of ONSLOW)I am not aware what authority the noble Lord has for the suggestion that the practice of the High Court of Bengal is not in harmony with the law. I believe it to be a universal rule throughout India that all orders passed in appeal shall be forthwith certified to the Court below. When, therefore, the refund of a fine has been ordered, there ought to be no difficulty in obtaining repayment from the Treasury. Instructions were sent to India some time ago to make inquiries as to the practice obtaining in the various provinces, and to pass such orders as might be found necessary to secure prompt relief in such cases. The Government of India issued a circular on the subject in June last, and the Secretary of State expects to receive their final report shortly.
§ House adjourned at a quarter before Five o'clock, till To-morrow, a quarter past Ten o'clock.