JUSTICE IN NEPAL. 



103 



ordinary control over the Taksdr and Dhansar in cases where both parties 

 assent to the judgments given in those courts. If either party dissent, 

 then there is an appeal from the Taksdr and Dhansar to the Ditha in the 

 Kot Singh, and herein consists another step and degree of subordination in 

 those courts to the Ditha. In appeals, as there are, now at least, no 

 records or next to none (formerly recording to a small extent was in use) 

 in any court of primary or superior jurisdiction, the original parties and 

 witnesses must all proceed to the superior court. In regard to the form 

 of the references which are necessarily made by the inferior courts of 

 Kathmandu in all cases (and by the provincial courts, in all cases touch- 

 ing life or limb or the substance of a man's property) to the Ditha for his 

 sentiments as to the award, even though there be as yet no appeal to 

 him, judgment not having been in fact had, such references are made by 

 the Kathmandu Sichdris by word of mouth simply and summarily, as above 

 narrated ; these Bichdris, moreover, in all cases, civil as well as criminal, 

 necessarily producing at the same time the written acknowledgment or 

 confession of the losing or offending party, signed by such party. This 

 document has always a principal weight in settling the affair in the Ditha s 

 opinion ; but it will not bar the loser's or criminal's appeal to the Ditha s 

 own court, either being allowed to allege and prove in appeal undue 

 threats or violence in extorting such acknowledgement or confession." 



The Bichdris of the Taksdr and Dhansdr cannot send any person to 

 jail or put him in irons. They may only detain him in court pending the 

 decision on his case, when if it be necessary to put him in irons or send 

 him to jail it must be done with the sanction of the Ditha. They can, in 

 general, fine to any extent by their own authority, but if they please they 

 may refer a grave fine to the Ditha or Bhdraddr Sabhd (Council of State.) 



The Ditha in Inta Chapli can imprison a man for any number of 

 months that may elapse from his confinement up to the annual ceremony 

 called Srdddh-pdksh, at which period the Ditha must report to the Bhard- 

 ddr Sabhd, or Council of State, and take their sanction for each case of 



