SUBED ALI Vs. EMPEROR

JUDGEMENT

(1.) This is a Rule calling on the District Magistrate to show cause why the conviction should not be set aside on the first ground mentioned in the petition. That ground runs in these terms---that the conviction is had in law, in that the attachment of the cattle, by the peon whose power to act under the warrant had expired, was illegal.

(2.) The whole question raised by this rule was: Was the peon s act in attaching the cattle illegal under these circumstances?

(3.) The warrant was a warrant addressed to the bailiff, the English word "bailiff" appearing on the face of it in Bengali character. The nazir of the Court, who appears to have superintendence over the persons who execute the warrants, endorsed it with a direction to the particular bailiff in question to execute it within a particular day; but the warrant itself was a good warrant for some days beyond that date, The ^ bailiff should have executed it, according to the direction of the nazir, on or before the 25th August, but the warrant issued by the Court could be legally enforced up to the 30th August. The question is, whether the execution by the peon between the 25th and 30th is a lawful execution? In my opinion it is.