DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0095
A.D. 1793.]
REGULATION IV.
37
Modified by
Sec. iii. Reg.
IX. 1799.
received from the decision of the FVowjcM/ and the Sndder Dewanny
Adawlut should conhrm the decree of that court, they are immediately to
transmit a copy of their decree and proceedings, and of the decrees and
proceedings received from the of to the Governor-
General in Council. That no doubt may be entertained from what decrees
passed by the AGormcm/ Ccwfb' of under this section an appeal is to
be allowed to the Sudder Dewanny Adawlut, it is declared that an appeal
shall not lie to the last-mentioned court, unless the annual produce of the
lands of the offender which may be adjudged forfeited (calculating
according to the amount paid and payable to the offender by the dependent
talookdars, under-farmers, and ryots, on account of the year in which the
decree maybe passed) shall exceed one thousand sicca rupees. In the
event of an appeal from the decree of the fb'ormcM/ being presented
to the Sudder Dewanny Adawlut, and the admission or rejection of the
appeal depending upon the produce of the lands for the year before men-
tioned exceeding or falling short of one thousand sicca rupees, the Court
of Sudder Dewanny Adawlut is to order the to obtain the
necessary information regarding the produce, and after receiving their
report, admit or reject the appeal according as they may deem equitable.
It shall be at the option of the Governor-General in Council, within four
weeks after the receipt of a decree adjudging the estate of any person
forfeited under this section, either to order it to be executed, or to
commute the forfeiture for such fine as, upon a consideration of the
situation and circumstances in life of the offender, he may think adequate
to the offence for which the decree may be passed. In the event of the
Governor-General in Council commuting the forfeiture for a fine, the
court which shall have transmitted the decree and proceedings to him,
upon receiving notice of the fine that he may impose, is to levy the
amount of it by the same process as is prescribed for enforcing decrees of
the court. But if the Governor-General in Council shall not, within four
weeks after the decree shall have been received by him, either order it
to be executed or commute the forfeiture for a fine, the decree is to stand
good against the offender. In or the event of the Governor-
General in Council ordering the decree to be executed, the court is to
issue a precept, under the seal of the court and the signature of the
rqyzVer, requiring the collector of the revenue of the zillah to depute an
aumeen with a proper establishment of officers (whose allowances are to
be specified in the precept) to sequester the lands and collect the rents
and revenues. If the lands of the offender shall be deemed by the court
too inconsiderable to admit of their being charged with the expense of an
aumeen, they are to direct a precept to be issued to the collector of the
zillah to order the nearest tehseeldar, or any other officer who may be
employed under him in the business of the collections, to take charge of
the lands. The officer is to perform the duties prescribed to aumeens in
such cases, and under the same restrictions and penalties.
XXIII. If the decree adjudging the lands of the offender forfeited
shall be confirmed or stand good under Section XXII. it shall be at the
option of the Governor-General in Council, either to confer the rights
which the offender possessed in the lands on his heirs, upon their agreeing
to make godd all sums whatever that may be due from him to Govern-
Adawlut how to pro-
ceed if the suit should
be appealed to them,
and they should con-
firm the decision of the
.ProemcfaJ CoM?A
to the Sudder Dewanny
Adawlut.
If the lands are de-
creed forfeited, the
Governor - General in
Council may confirm
the decree, or com-
by what court and how
it is to be levied.
Decree of forfeiture
to be final, if the
Governor - General in
Council shall not order
it to be executed, or
commute it for a fine
dared or becomes final,
the court to issue a pre-
cept to the collector to
sequester the lands.
If the forfeiture
should stand confirmed,
the Governor-General
in Council to confer the
estate on the heirs of
the offender, or to disL
pose of it at public sale.
REGULATION IV.
37
Modified by
Sec. iii. Reg.
IX. 1799.
received from the decision of the FVowjcM/ and the Sndder Dewanny
Adawlut should conhrm the decree of that court, they are immediately to
transmit a copy of their decree and proceedings, and of the decrees and
proceedings received from the of to the Governor-
General in Council. That no doubt may be entertained from what decrees
passed by the AGormcm/ Ccwfb' of under this section an appeal is to
be allowed to the Sudder Dewanny Adawlut, it is declared that an appeal
shall not lie to the last-mentioned court, unless the annual produce of the
lands of the offender which may be adjudged forfeited (calculating
according to the amount paid and payable to the offender by the dependent
talookdars, under-farmers, and ryots, on account of the year in which the
decree maybe passed) shall exceed one thousand sicca rupees. In the
event of an appeal from the decree of the fb'ormcM/ being presented
to the Sudder Dewanny Adawlut, and the admission or rejection of the
appeal depending upon the produce of the lands for the year before men-
tioned exceeding or falling short of one thousand sicca rupees, the Court
of Sudder Dewanny Adawlut is to order the to obtain the
necessary information regarding the produce, and after receiving their
report, admit or reject the appeal according as they may deem equitable.
It shall be at the option of the Governor-General in Council, within four
weeks after the receipt of a decree adjudging the estate of any person
forfeited under this section, either to order it to be executed, or to
commute the forfeiture for such fine as, upon a consideration of the
situation and circumstances in life of the offender, he may think adequate
to the offence for which the decree may be passed. In the event of the
Governor-General in Council commuting the forfeiture for a fine, the
court which shall have transmitted the decree and proceedings to him,
upon receiving notice of the fine that he may impose, is to levy the
amount of it by the same process as is prescribed for enforcing decrees of
the court. But if the Governor-General in Council shall not, within four
weeks after the decree shall have been received by him, either order it
to be executed or commute the forfeiture for a fine, the decree is to stand
good against the offender. In or the event of the Governor-
General in Council ordering the decree to be executed, the court is to
issue a precept, under the seal of the court and the signature of the
rqyzVer, requiring the collector of the revenue of the zillah to depute an
aumeen with a proper establishment of officers (whose allowances are to
be specified in the precept) to sequester the lands and collect the rents
and revenues. If the lands of the offender shall be deemed by the court
too inconsiderable to admit of their being charged with the expense of an
aumeen, they are to direct a precept to be issued to the collector of the
zillah to order the nearest tehseeldar, or any other officer who may be
employed under him in the business of the collections, to take charge of
the lands. The officer is to perform the duties prescribed to aumeens in
such cases, and under the same restrictions and penalties.
XXIII. If the decree adjudging the lands of the offender forfeited
shall be confirmed or stand good under Section XXII. it shall be at the
option of the Governor-General in Council, either to confer the rights
which the offender possessed in the lands on his heirs, upon their agreeing
to make godd all sums whatever that may be due from him to Govern-
Adawlut how to pro-
ceed if the suit should
be appealed to them,
and they should con-
firm the decision of the
.ProemcfaJ CoM?A
to the Sudder Dewanny
Adawlut.
If the lands are de-
creed forfeited, the
Governor - General in
Council may confirm
the decree, or com-
by what court and how
it is to be levied.
Decree of forfeiture
to be final, if the
Governor - General in
Council shall not order
it to be executed, or
commute it for a fine
dared or becomes final,
the court to issue a pre-
cept to the collector to
sequester the lands.
If the forfeiture
should stand confirmed,
the Governor-General
in Council to confer the
estate on the heirs of
the offender, or to disL
pose of it at public sale.