The Sheriff of Calcutta

Chapter- V

(The Jurisdiction of the Sheriff of Calcutta)

Part-I

Sheriff had a wider range of jurisdiction as an arm of Supreme Court at Fort William in Bengal from 1775 to 1862. [An extremely wide jurisdiction was granted to the Supreme Court in very general terms. The limits of such jurisdiction either territorially or personally or materially ( eg. In value of subject-matter) were in themselves but ill defined. Section 14 of the Regulating Act of 1773 and the terms of clauses 13 and 17 of the Charter of 1774 maintained “ The original jurisdiction, both in civil & criminal, granted to the Supreme Court extended over the whole of the Province of Bengal; and over all British subjects therein. And over all persons employed in the service of the company. And in certain cases over other Indian inhabitants of Bengal as well; there being an original civil jurisdiction, where the party consented to the jurisdiction, upon any contact in writing between any Indian resident in Bengal and a British subject where the value of the cause of action exceeded 500 current rupees.”]  For wide jurisdiction Sheriff had to move in the different parts of Bengal Presidency ( Bengal, Behar, Orissa) for the service & execution of the processes of the Supreme Court. [Examples are 1) August, 1779. The Sheriff Sir Jahn Austrather Bart with sixty sailors and his officers marched armed from Calcutta to Midnapore to arrest Zaminder of Cossijurah by an order of the Supreme Court.(for details see Cossijurah case page)  2) 1815. The Sheriff Charles D’oyly surrounded by about two hundred burkandazes and chaprasis & his officers went to Behar to arrest Alexander Mackenzie, judge of Behar. Alexander, however, became indebted to one Ram Chandra banerjee in a sum of rupees 37 hundred. Banerjee obtained a decree against Alexander in the Supreme Court for that sum. The Sheriff’s party arrived there after a strenuous journey to execute their duty. Alexander’s men set upon them using violence to thwart their efforts. It was only with the help of a force of British troops that the Sheriff’s Bailiff could at last humble the redoubtable Judge during their next journey to Behar and effect his capture. 3). An arrest warrant in 1852 dirrected to the sheriff                      as follows; “ Victoria, by grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the faith and so forth. To the sheriff of the town of Calcutta and factory of Fort William in Bengal Greeting, we command you as we have heretofore commanded you  that you take Sreenath Paul and Ramnarain Sreemanee of Calcutta, if they shall be found in any province, districts or countries of Bengal, Behar, Orissa, or in any province or district of Benaras, or in any of the factories, districts and places which now are annexed to and made subject to the Presidency of Fort William of Bengal aforesaid, and them safely keep until they shall be given you bail, or made deposit with you in on action on or promises at the suit  of Eshamchander Bose or until the said Sreenath Paul and Ramnarain Sreemanee shall, by other lawful means, be discharged from your custody…..]  

Part-II

From 1862 to till date; The jurisdiction of Sheriff’s activities were limited to the town of Calcutta more specifically to the ordinary civil jurisdiction of the High Court at Calcutta vide Letters-Patent of the Calcutta High Court issued in 1862 & 1865. The latest Act declaring & pescribing the new boundaries was in Act No 15 of 19195. 

[Few words about Jurisdical limits]

Section 159 of 33 Goo III, c. 52, authorised the Governor-General in Council “to declare and prescribe” the limits of the Town of Calcutta—Pursuant thereto a proclamation, fixing the limits of Calcutta, was issued by the Governor-General in Council on 10th September 1794.

In 1815 the Indian Presidency Towns Act, 55 Geo. Ill, c. 84, was passed—which in section 1 after reciting 33 Geo. Ill, c. 52, section 159 continues—” And whereas by reason of the increase of the population of the Town of Calcutta, Madras and Bombay” is expedient that the several Governments of Fort William, etc., should be further empowered in manner hereinafter mentioned to extend from time to time the limits of the said several Towns” it was enacted that it should be lawful for the Governor-General in Council at Fort William, from time to time, as circumstances should in their judgment require, to extend the limits of Calcutta.

Section 159 of 33 Geo. Ill, c. 52 was repealed be Act XIV of 1870 (the Repealing Act). To section 1 of that Act there was a proviso “that the repeal by this Act of any enactment shall not affect any Act or Regulation in which such enactment has been applied, incorporated or referred to.”

Query as to whether the proviso to section I of the Repealing Act and the use of the words “further empowered” in the Indian Presidency Towns Act had the effect of keeping alive section 159 of 33 Geo. Ill, c. 52. It will be noticed that the power under the older Act is wider, viz., “to declare and prescribe”—than the latter Act which only gives “to extend.”

The first extension of the limits of the Town came about in consequence of the removal of the old Presidency Jail, which stood on the site of the present Queen Victoria Memorial. The removal of that Jail came up for consideration in 1885; and again in 1908 when the Government proposed to extend, under the Indian Presidency Towns Act, 1815 (55 Geo. Ill, c. 84), the limits of the Town, so as to include the precincts of. the new Jail, which had then been erected to the south-east of the Alipore Jail. To this proposal objection was taken by the Court on the ground .that the intention of the Act of 1815 was that the extension of the limits should be effected by including an additional area, and not by declaring that the precincts of an isolated building outside the prescribed limits of the town, should be included within the limits of the jurisdiction of the Court. A further difficulty, it was pointed out, would arise in conveying prisoners to and from the jail.

In 1912 the Government addressed the Court again, dropping the idea of proceeding under the Act of 1815 and proposing to meet the difficulties of the situation by the passing of an Act amending section

491 of the Criminal Procedure Code,

The Court, in its reply (dated 10th July, 1.912), pointed out certain difficulties in the new proposal, and suggested that these might be met by converting what was then the Alipore Jail into the Presidency Jail, and that Jail instead of the newly-built Jail, should be brought within the jurisdiction of the High Court. This suggestion was accepted by the Government and effected by means of Notification No. 4078-P. D. and No. 4092-P. D. by the first of which (Notification, dated 15th October, 1913) the local limits were extended so as to include the area occupied by the old Alipore Jail and the Bhowanipore Road and by the second of the same date the old jail then technically known as the Alipore Central Jail was to be thenceforth called the Presidency jail and the new Central Jail at Kalighat be called the Central Jail Alipore {see pp. 558 to 560 of first edition).

In 1914 the Government of Bengal addressed the Court on the advisability of having a formal record of the boundaries of the Town of Calcutta as defined in the Proclamation of 1794 and of laying down permanent boundaries by erecting suitable pillars where necessary, and it was proposed to issue a notification defining the new boundaries. A copy of the proposed notification, and plans wert forwarded. An examination of the latter appeared to show that the proposed new boundary-line was within the old boundary-line so that the local limits of the town were to that extent curtailed. The Court in its reply (4th March, 1915), pointed out that the power of the Government to curtail the local limits depended upon the true construction of certain Acts of the Legislature, which was a question of importance and possible doubt upon which legal advice should be taken. The Government then wrote (12th February, 1916) stating they had been advised that the proper course was for an Act to be passed by the Indian Legislature, as contemplated by clause 11 of the Letters Patent, 1865, declaring and prescribing the local limits of the ordinary original civil jurisdiction, and asking whether the Court would agree to such legislation declaring the boundaries as shown in the maps forwarded in 1914.

It was then arranged that the present Registrar should examine the boundaries with Mr. J. C. Nixon, I.C.S., then Director of Surveys, Bengal. This was done, and their Report was forwarded to the Government, a copy of which is annexed to the Government’s letter No. 7032-P., dated 13th April 1917, to which the Court, on 16th July 1917, replied that “as at present advised and subject to any question which may arise when legislation is undertaken”—they concurred in the boundaries given in the report and made certain suggestions with a view to the new boundaries being properly demarcated.

In March 1918, a draft of the Calcutta High Court (Original Jurisdiction) Bill was submitted to the Court for opinion. The Court’s reply of 23rd May, 1918, was to the effect that the Judges could express no opinion on the validity of the legislation proposed, as that might come before the Court judicially, but that otherwise, they had no objection to the principle of the Bill to make the boundaries certain. It was however suggested that the new Act should contain some saving clause with regard to suits in respect of land which land or a portion thereof, at the date of a transaction between parties, e.g., a mortgage or lease, was within but which, by the new boundary and at the time of the filing of the suit is outside the local limits of the Court’s Original Jurisdiction. The Judges were of opinion that parties should have the right to bring such suits in this Court.

[ 5. The new Act (Act XV of 1919) declaring and prescribing the new boundaries was passed and received the assent of the Governor-General on the 17th September, 1919. It is set out below:— 

Act No. XV of 1919

An Act to declare and prescribe the limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal

Whereas clause II of the Letters Patent for the High Court of Judicature at Fort William in Bengal, dated the 28th December, 1865, provides that the said High Court shall have and exercise ordinary original civil jurisdiction within such local limits as may from time to time be declared and prescribed by any law made by competent legislative authority for India:

And whereas it is expedient so to declare and prescribe the local limits of the ordinary original civil jurisdiction of the said High Court;

It is hereby enacted as follows:—

1. Limits of ordinary original civil jurisdiction.—This Act may be called the Calcutta High Court (Jurisdictional Limits) Act, 1919.

2.  The ordinary original civil jurisdiction of the High Court of Judicature at For William in Bengal shall be exercised within the limits set out in the Schedule:

Provided that nothing in this Act shall affect any suit or other legal proceeding, pending in any Court at the date of the commencement of this Act.

THE SCHEDULE

(See Section 2}

1. The limits within which the ordinary original civil jurisdiction of the High Court shall be exercised are as follows :—

North.—A line commencing on the western side of the river Hooghly at a point where the straight line joining reference pillar No. I (in a compound on the river side of the Ghusri Cotton Mill, Howrah) and reference pillar No. II {near the south-western end on Chitpur Toll Bridge) meets the western water-line of the river Hooghly, and thence along the said line to the point where it meets the easter water-line of the river Hooghly near the south bank of the opening of Circular Canal; thence along the water-line of the south bank of Circular Canal passing under the Chitpur Toll Bridge, the Chitpur or Baghbazar Bridge to boundary pillar A on the eastern side of the southern pile of Barrackpore Bridge. 

East.—A line commencing from the said boundary pillar A following the eastern edge of the steps of the bridge to a point near the south-eastern corner of the immediate approach to the bridge marked by reference pillar III, which is on the boundary; thence by a straight line to boundary pillar B on the south-eastern corner of the junction of Cornwallis Street and Galif Street (now marked with a Public Works Department stone); thence along the eastern side and the eastern side of the eastern payment of Cornwallis street in a series of regular links joining points marked by posts 1-3 to boundary pillar C at the north corner of the junction of Shambazar Street with Cornwallis Street; thence by a straight line-to boundary pillar D on the solid south corner, of the said junction; thence in an approximately straight line along the solid eastern side of Upper Circular Road marked by posts 4-9 thence eastward following the corner round to boundary pillar E on the north corner of the junction of the unnamed road (which runs into Jadu Nath Mitra Lane) with Upper Circular Road; and thence by a straight line to boundary pillar F at the solid south corner of the junction of Jadu Nath Mitra Lane with Upper Circular Road; thence by posts 10-13 to boundary pillar G on the solid south comer of the junction of Ultadingi Road with Upper Circular Road; thence along the solid south side of Ultadingi Road in a series of continuous and approximately straight line joining point marked by posts 14-16 to boundary pillar H at the solid western corner of the junction of Ultadingi Road and Gauribere Lane; thence by the solid western side of Gauribere Lane marked by posts 17-21; thence by a straight line crossing the road diagonally to boundary pillar I on the solid south-eastern corner of the junction of Gauribere Lane and Ultadingi Junction Lane; thence along the solid eastern side of Ultadingi Junction Lane marked by posts 22-24 to boundary pillar J on the solid eastern corner of the junction of Ultadingi Junction Lane with Halsibagan Road; thence by a straight line to post 25 at the solid western corner of the said junction; thence along the solid north side of Halsibagan Road marked by post 26 to boundary pillar K on the north side Halsibagan Road directly opposite the solid eastern side of Upper Circular Road south of it; thence by a straight line to post 27 at the solid south corner of the Junction of Halsibagan Road with Upper Circular Road; thence by the solid eastern side of Upper Circular Road marked by posts 28-34 to post 35; thence turning east to boundary pillar L on the north side of Maniktola Road; thence by a straight line to post 36 at the south corner of the junction of Maniktola Road with Upper Circular Road; as the north-western corner of the garden of Kali Pada Barik; thence along the eastern side of the lane on the eastern side of the raised platform road and marked by posts 37-49 to boundary pillar M at the solid north corner of the junction of Gas Street and Upper Circular Road; thence by a straight line to boundary pillar N at the solid south corner of the said junction; thence keeping again to the eastern side of the lane on the eastern side of the raised platform road along a line marked by posts 50-61 excluding the recently-made Ladies’ Park to boundary pillar O near the north pillar of the north entrance to North Station, Sealdah; thence by a straight line to boundary pillar P at the south corner of that entrance; thence by the comparatively straight lines from pillar to pillar connecting boundary pillars P, Q, R, S and T adjacent to the pillars forming the corners of the various approached to Sealdah Station; thence among the solid eastern side of Lower Circular Road marked by posts 62-64 to pillar 65; thence turning west to boundary pillar U at the north-western corner of the out-patients’ department of the Campbell Hospital; thence by a straight line marked by posts 66 68 to boundary pillar V on the corner of the platform to the right of the north entrance to the Calcutta Corporation Central Stores; thence by post 69 turning east to post 70; thence by posts 71-76, boundary pillars W and X at the solid corners of the southern junction of Police Hospital Road with Lower Circular Road; thence by posts 77-80, to boundary pillars Y and Z on the solid corners of the junction of Beniapukur Lane with Lower Circular Road, by posts 81-86 to boundary pillars A, and B, at the solid corners of the junction ofNonapukur or Bijli Road and Lower Circular Road, posts 87,88, to boundary pillar C,, near the south-western corner of the Circular Road burial ground; thence by a straight line to boundary pillar D , on the other side of the tramway lines; thence post 89 eastward to post 90; thence to boundary pillars E1 and F, at the solid corners of the junction of Karaya Bazar Road and Lower Circular Road, posts 91, 92 to boundary pillar G, opposite to Theatre Road, posts 93, 94 to boundary pillar H , a few feet south of the point directly opposite the junction of Auckland Place and Lower Circular Road and following the curve of the road by posts 95 and 96 to reference pillar IV (which is on the boundary) on the eastern side of the junction of Beck Bagan Lane with Lower Circular Road.

South.—A line commencing from the said reference pillar (V in a straight line to boundary pillar I, on the western corner of the junction of Beck Bagan Lane with Lower Circular Road; thence along the solid south side of Lower Circular Road to boundary pillars J, and K at the solid corners of the junction of Ballyganj Circular Road and Lower Circular Road; thence by the solid south side of Lower Circular Road marked by posts 97,98 boundary pillars Lv Mt, at the solid corners of the junction of Lansdowne Road with Lower Circular Road, post 99 southward to post 100, westward to post 101 northward to post 102 and westward to post 103, boundary pillars N, and O, at the solid corners of the junction of Woodburn Road with Lower Circular Road, Posts 104,105 boundary pillars P, and Q, at the solid corners of the junction of Lee Road with Lower Circular Road; thence by the straight line links but broken boundary line formed by posts 106-113, to boundary pillar R, on the south-eastern corner of the junction of Chowringhee with Lower Circular Road; thence by an oblique straight line to boundary pillar S, on the south-western corner of the said junction (near a stone marked FW. B-26); thence by a line representing the present limits of the holdings on the south Circular Road and marked by posts 114-116, boundary pillars T, and Uj at the solid corners of the junction of Hans Chandra Mukherjee Road and Lower Circular Road, posts 117-121; thence to boundary pillar V, near the north corner of the junction of Bhowanipore Road and Lower Circular Road; thence following the curve of the corner and the eastern side of Bhowanipore Road and the surplus lands attached thereto by a series of straight line links joining points marked by posts 122-124, boundary pillars Wr and X at the junction of Sambhanath Pandit Street and Bhowanipore Road, posts 125-128 turning eastward to boundary pillar Y, on the north side of Sankaripara Road, posts 129, 130 to boundary pillars Z, and A2 across the entrance of Ketrapati Road into Bhowanipore Road; thence by posts 131, 132 to boundary pillar B2 on the north-eastern side of Alipore Bridge; thence along a straight line joining the said boundary pillar B, with subsidiary reference pillar Vll on the south-eastern side of the said bridge to a point where that straight line meets the water-line of Tolly’s Nala; thence along the water-line of Tolly’s Nala to the northeastern corner of the District Magistrate’s compound; near which is boundary pillar C2; thence along the irregular northern boundary of the Magistrate’s compound marked by posts 133-141 to boundary pillar D? at the south corner of the entrance to the Civil Surgeon’s house from Thackeray Road; thence southward along the western boundary of the Magistrate’s compound by posts 142-145 and along the southern boundary of that compound marked by posts 147,148 to boundary pillar E2 on the Bank of Tolly’s Nala; thence continuing the straight line from post 148 to boundary pillar E2 till it meets the water-line of Tolly’s Nala; thence along the water-line of Tolly’s Nala to a point in a direct line with the north side of the masonry drain running outside .the Jail Garden near which is boundary pillar F; thence along the north side of the said drain in a straight line across Motee Jheel to post 149 against the boundary of the compound of the Magistrate’s Court; thence north-ward along that boundary to post 150 and westward to post 151 and northward again along the boundary of the Army Clothing Agency to post 152; thence westward on the south side of the lane to boundary pillar G2 at the northwestern corner of the Police Hospital compound; thence along the wall of the Alipore Central Jail facing Belvedere Road and marked by pillars 153-157 to the north-western corner of the junction of Belvedere Road and Jail Lane following the corner eastward to post 158 and continuing along the south side of Jail Lane to post 159; thence by a straight line to boundary pillar H2 at the acute corner of the junction of Reformatory Street with Jail Lane; thence to boundary pillar 1., on the north-western side of Alipore Bridge; thence to boundary pillar J2 on the north-eastern side of the said bridge; thence by the solid south-western and western side of Bhownipore Road marked by posts 160-167; thence following the western corner of the junction of Bhowanipore Road and Lower Circular Road to boundary pillar K, thence along the solid south side of Lower Circular Road following the sweep of the railings and marked by posts 168-172 to boundary pillar L2 on the Lower Circular Road and east of its junction with Belvedere Road; thence following the natural bends of the corner marked by posts 173 and 174 to boundary pillar M2 on the eastern side of Belvedere Road; thence along the eastern side of Belvedere Road now indicated by wooden railings and marked by post 175 to boundary pillar N2 on the north-eastern side of Zeerut Bridge; thence along the railings of the footpath on the eastern side of the bridge to boundary pillar O2 near its south eastern end; thence along a bent line following the shape of the bridge and marked by posts 176,177 to post 178 on the eastern side of the south extremity of the immediate approach to the bridge; thence by a straight line to boundary pillar P2 on the western side of the said extremity; thence turning north along the railings of the footpath on the western side of the bridge till it meets the water-line underneath the bridge; thence along the water-line of the south or Alipore bank of Tolly’s Nala trending northwards under Hastings Bridge to a point where a straight line joining reference pillar V (near the south-western end of Hastings Bridge), to reference pillar VI (on the Howrah side of the river in a line with the northern wall of the Bengal-Nagpur Railway Goods Yards) meets the water-line of the south bank of the bend of the Hooghly River, near the western side of the opening of Tolly’s Nala; thence continuing the said straight line till that said straight line meets the water-line of the Howrah side of the river Hooghly.

West.—A line commencing from the point last defined along the water-line of the Howrah side of the River Hooghly to the western extremity of the northern boundary,

2. (a) When the expression “water-line” is used in this Schedule all puccci ghats and other objects permanently attached to the bank and in contact with the water shall be deemed to appertain to the area to which the land on that bank appertains, and the water in contract with such objects shall be deemed to appertain to the other side of the boundary. In places in the Schedule where the boundary is thus described the boundary line shall be the moving edge of the water wherever it may be at any time. In the case of bridges, however, the supporting pile in contact with the bank only shall be deemed to be permanently attached to the bank and the boundary-line across the bridge to be immediately above the water-line so described.

(b) The expression “solid side” or “solid corner” means the line or spot marked out by solid objects, such as a pucca wall or the face of a house, the wayside lands and pavements thus being all included in the adjacent road, street or lane.

ADMIRAL JURISDICTION

Clause 32 & 33 of the letters patent for The High Court of Jurdicature at Fort William in Bengal dated 28th December, 1865 states the admiralty jurisdiction of High Court in details. Few words about the admiralty jurisdiction of the Sheriff Office as described in Appendix V, Page 555 of The Original Side Rules of the High Court at Calcutta with Letters Patent, 1865 from Kamal Law House, 2014.

“I have examined the records of this Court for several years and found that for over 50 years the Deputy Sheriff has acted as the Marshal of the Vice-Admiralty Court. He has always been independent of the Sheriff, save that when the services of an officer are required by the Marshal he has employed the Sheriff’s Officers such officers being under his orders as Deputy Sheriff. The employment of these officers may or may not have been with the sanction of the Sheriff. There is nothing to show what, if any, arrangement has existed on this point between the Sheriff and the Marshal or whether any remuneration is given by the Marshal to the Sheriff’s officers for services rendered to him. It is no part of the duty of the Sheriff’s officers, as such, to do work for the Marshal and it is not improbable that some arrangement has existed and that some remuneration has been given by the Marshal to the officers employed by him.

The order of the Hon’ble Sir Richard Garth, dated 2nd July, 1883, appointing the Deputy Sheriff for the time being to be the Marshal of the Vice-Admiralty Court appears to be a recognition of the long established practice and there can be no doubt that from the date of that order the Deputy Sheriff has been and will continue, until further order, to be the Marshal of the Vice-Admiralty Court; now called the High Court as a Colonial Court ofAdmiralty.

The accounts of the Registrar in Admiralty show that the Marshal acts as such in his own right and independently of the Sheriff. These accounts show that from the year 1858 the Marshal has paid into Court monies realised’by him to the credit of the matters in which he has acted and that the Court has, out of the monies so paid in, made payments by cheques under orders of Court.

I have been unable to find the books of accounts prior to 1858. It is quite true that the Deputy Sheriff is appointed by the Sheriff; but, once so appointed, he becomes, by virtue of the order of the Hon’ble Sir Richard Garth, Marshal of the Vice-Admiralty Court, now the High Court as a Colonial Court of Admiralty.

The Sheriff is not entitled to the fees of the Marshal who is in no way, as Marshal subject to the authority or the orders of the Sheriff. If the Sheriff desires to appropriate in whole or in part the fees of the Marshal he can only do so under a private arrangement entered into with the Deputy Sheriff but if there is no such arrangement the Sheriff cannot claim the Marshal’s fees or any part thereof as a matter of right.

The records show that the Marshal may by Deed appoint a Deputy to do all acts which the Marshal himself could do and perform. In the year 1864, Mr. Stephen Edward Collis, Marshal of the Vice-Ad-miralty Court, Calcutta appointed Mr. Richard Francis Stack to be his Deputy in the office of Marshal of the Vice-Admiralty Court and empowered him “to act as his Deputy in the said office and to transact all the usual and necessary business which is usually done and appertains to his office of Marshal of the Vice-Admiralty Court of Calcutta, and for the Marshal and in his name to sign, seal and execute all warrants, decrees, monitions or orders of the Vice-Admiralty Court and to make due return thereof and to nominate and appoint Clerks and Bailiffs, Appraisers and Auctioneers and give receipts for all monies whatsoever to be received and collected in the office of the said Marshal” etc., etc. These deeds of deputation appear to have been frequently executed by the Marshal. The warrants of the Admiralty Court directed to the Marshal have been addressed and are still addressed to the Marshal and his Deputies. On the question that has arisen between the late Sheriff and the Marshal, there is no doubt that the latter is entitled in the absence of any private arrangement between him and.the Sheriff, to the fees payable to the Marshal.

The Sheriff in his letter, dated 9th January 1911, to Mr. Pugh, refers to the ord-er of Sir Richard Garth, dated 2nd July 1883, appointing the Deputy Sheriff for the time being to be the Marshal of the Vice-Admiralty Court and enquiries under what circumstances the order was made, whether it is a permanent order (meaning probably an irrevocable order), and whether Sir Richard Garth could by his order bind his successors. The order on the face of it shows that it is not irrevocable. It is as follows-”Until/wr£/i£r order I do hereby appoint the Deputy Sheriff for the time being to be the Marshal of the Vice-Admiralty Court.”

It was open to the then Chief Justice, Sir Richard Garth, to pass another order which would have the effect of revoking his order of 2nd July 1883 and it was and is open to any succeeding Chief Justice to make any other order His Lordship may be pleased to make.