Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 (London, 1854)

REGULATION IV.

[A.D. 1793.

Courts how to pro-
ceed against persons
holding farms of Go-
vernment, who may re-
sist their process.
Offender to be sum-
moned to answer for
his conduct.
Court how to pro-
ceed if the offender
shall not obey the sum-
mons.

A copy of the decree
to be sent to the Go-
vernor - General in
Council if the cause
shall not be appealed
in time.
If the offender should
appeal, and the deci-
sion of the Zillah Court
be confirmed, the .Pro-
tlie Governor-General
in Council, in the event
of the offender not ap-
pealing to the Sudder
the cause not being ap-
pealable.
Sudder Dewanny how
to the Sudder Dewanny
Adawlut.

Option reserved to
the Governor-General
in Council to confirm
the decree or commute
it for a fine, and to
compel the farmer to

ment on account of the lands forfeited, and to pay the fixed public
revenue assessed upon them, or if the property forfeited be a dependent
talook, the revenue payable from it to the proprietor within whose estate
it may be situated ; or to order the lands to be disposed of at public sale,
under the rules prescribed for the sale of lands so forfeited in
AIZ U. 1793.]
XXIV. If a farmer of land, holding a farm immediately of Govern-
ment, shall resist, or cause to be resisted, any process, rule, order, or
decree, which may at any time issue from any Zillah Court, on proof of the
resistance being made by to its satisfaction, the court is to cause the
offender to be summoned to answer to the charge. If the offender shall
abscond, or shut himself up in his own or any house or building, or
retire to any place so that he cannot be served with the summons, the
court is to proceed against him in the manner directed with regard to
other persons absconding or otherwise acting as above specified, so that
they cannot be served with the process of the court. If the offender
shall not appear within the prescribed period, or if he shall appear within
the limited time, and after receiving his answer to the charge, and hearing
the evidence which he may have to produce in his defence, it shall be
proved, to the satisfaction of the court, that he is guilty of the charge, the
court is to decree the lease cancelled from the expiration of the Bengal,
Fussily, or Willaity year (according as the farm may be situated in Bengal,
Behar, or Orissa) in which the decree may be passed. If the offender
shall not appeal to the p/^4^pdG within the time limited
for preferring appeals to that court in Section XII. Regulation V. 1793,
the court is immediately to transmit to the Governor-General in Council
a copy of the decree and of all the proceedings respecting the charge. If
the offender shall appeal to the GoM?^ p/ within the
prescribed period, and the court should confirm the decision of the Zillah
Court, and the cause shall not be appealable to the Sudder Dewanny
Adawlut, or if it shall be appealable, and the offender shall not lodge an
appeal within the time limited for preferring appeals to that court in
Section X. Regulation VI. 1793, the G-rcwmcMl is immediately to
forward a copy of their decree and proceedings in the appeal, and of the
decree and proceedings of the Zillah Court, to the Governor-General in
Council. If an appeal from the decision of the G%n^ shall be
admitted, and the Sudder Dewanny Adawlut should confirm the decree of
the Zb'oGyzcM/ Gom% thev are immediately to transmit a copy of their
decree and proceedings, and of the decrees and proceedings received from
theG^owzGG GoK?^ p/*Gp^cG, to the Governor-General in Council. That
no doubt may be entertained from what decrees passed by the Gvovmcm/
GoM?'A p/* 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 revenue payable to Government by
the offender, for the year in which the decree may be passed on account
of the lands the lease for which may be adjudged annulled, shall exceed
one thousand sicca rupees. It shall be at the option of the Governor-
General in Council, within four weeks after the receipt of a decree
adjudging the lease of a farmer annulled under this section, either
to order the decree to be executed, or to commute the forfeiture of the

See Act IV.
1846.

Modibed by
Sec. Hi. Reg.
IX. 1799.