DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0159
A.D. 1793.]
REGULATION X.
101
f V. If a proprietor of land shall be reported disqualified solely
from being a female, the Board of Revenue, in their capacity of a Court of
M d H d b shall immediately proceed to take the estate under their care,
reporting the circumstance to the Governor-General in Council, who
1793. reserves to himself the power of declaring any female proprietor, whom he
may deem competent to the management of her own estate, exempt from
the operation of this Regulation.
If a collector shall report a proprietor of land to be disqualified
on the ground of minority, the Board of Revenue, in their capacity of a
Court of Wards, provided they shall see no reason to doubt the nonage of
the proprietor, are to take the estate under their care, and report the
circumstances to the Governor-General in Council. If a collector shall
report any proprietor to be a minor, and the proprietor, or any person on
his behalf, shall deny that he is under age, such proprietor or person shall
be at liberty to represent the circumstances to the Court of Dewanny
Adawlut of the zillah wherein the estate may be situated, the judge of
which shall forward the representation to the Sudder Dewanny Adawlut,
which court shall issue a precept, under the seal of the court and attested
by the register, to the judge of the ziilah, or ^o ^Ag A*rormcmJ UomY q/*
Al^p^Z q/ AYTyAua, to call the proprietor before the court, and ascertain
his age by the evidence, on oo^A, of not less than three credible persons
well acquainted with him, and also by such other inquiries as may appear
to the court calculated to ascertain the truth, and certify its proceedings,
including any representations or evidence that the proprietor, or any person
on his behalf, may have to adduce, with its opinion on the case, to the
Sudder Dewanny Adawlut, which court shall determine whether such
proprietor be a minor or not. The decision of the Sudder Dewanny
Adawlut shall be final, and the court shall certify a copy of its decision to
the Governor-General in Council, who will order the estate to be put under
the charge of the Court of Wards or not, according as the proprietor may
be adjudged by the Sudder Dewanny Adawlut to be a minor or otherwise.
ZA^'Z If a proprietor of land shall be deemed disqualified on the ground
of lunacy, idiotism, or other disqualifying natural defect or infirmity, the
Board of Revenue are to order the collector to represent the circumstances,
through the vakeel of Government, to the Court of Dewanny Adawlut of
the ziltah, the judge of which shall transmit a copy of the representation
to the Sudder Dewanny Adawlut. This Court shall issue a precept to the
q/* q/ ?A^ o?* ^Ag judge of the ziliah within the
jurisdiction of which the proprietor may reside, to bring him before the
court, to ascertain his actual state by ocular proof; and the court shall
further take the declaration upon o^A of no less than three credible persons
acquainted with the party, setting forth their opinion of his condition, with
the grounds of it. The court is to transmit all its proceedings, with its
opinion on the case, to the Sudder Dewanny Adawlut, which court shall
determine finally whether the stated ground of disqualification be well
founded or not, and certify a copy of its decision to the Governor-General
in Council, who will order the Court of Wards to take the estate of the
proprietor under their care or not, according as the proprietor may be
adjudged by the Sudder Dewanny Adawlut to be disqualified or otherwise.
Abm^A. [Contumacy, or notorious profligacy of character, a ground of
disqualification.]—ZA Aky. IZZ. 1796.
Females.
Minors.
disqualified by natural*
defects or infirmities.
REGULATION X.
101
f V. If a proprietor of land shall be reported disqualified solely
from being a female, the Board of Revenue, in their capacity of a Court of
M d H d b shall immediately proceed to take the estate under their care,
reporting the circumstance to the Governor-General in Council, who
1793. reserves to himself the power of declaring any female proprietor, whom he
may deem competent to the management of her own estate, exempt from
the operation of this Regulation.
If a collector shall report a proprietor of land to be disqualified
on the ground of minority, the Board of Revenue, in their capacity of a
Court of Wards, provided they shall see no reason to doubt the nonage of
the proprietor, are to take the estate under their care, and report the
circumstances to the Governor-General in Council. If a collector shall
report any proprietor to be a minor, and the proprietor, or any person on
his behalf, shall deny that he is under age, such proprietor or person shall
be at liberty to represent the circumstances to the Court of Dewanny
Adawlut of the zillah wherein the estate may be situated, the judge of
which shall forward the representation to the Sudder Dewanny Adawlut,
which court shall issue a precept, under the seal of the court and attested
by the register, to the judge of the ziilah, or ^o ^Ag A*rormcmJ UomY q/*
Al^p^Z q/ AYTyAua, to call the proprietor before the court, and ascertain
his age by the evidence, on oo^A, of not less than three credible persons
well acquainted with him, and also by such other inquiries as may appear
to the court calculated to ascertain the truth, and certify its proceedings,
including any representations or evidence that the proprietor, or any person
on his behalf, may have to adduce, with its opinion on the case, to the
Sudder Dewanny Adawlut, which court shall determine whether such
proprietor be a minor or not. The decision of the Sudder Dewanny
Adawlut shall be final, and the court shall certify a copy of its decision to
the Governor-General in Council, who will order the estate to be put under
the charge of the Court of Wards or not, according as the proprietor may
be adjudged by the Sudder Dewanny Adawlut to be a minor or otherwise.
ZA^'Z If a proprietor of land shall be deemed disqualified on the ground
of lunacy, idiotism, or other disqualifying natural defect or infirmity, the
Board of Revenue are to order the collector to represent the circumstances,
through the vakeel of Government, to the Court of Dewanny Adawlut of
the ziltah, the judge of which shall transmit a copy of the representation
to the Sudder Dewanny Adawlut. This Court shall issue a precept to the
q/* q/ ?A^ o?* ^Ag judge of the ziliah within the
jurisdiction of which the proprietor may reside, to bring him before the
court, to ascertain his actual state by ocular proof; and the court shall
further take the declaration upon o^A of no less than three credible persons
acquainted with the party, setting forth their opinion of his condition, with
the grounds of it. The court is to transmit all its proceedings, with its
opinion on the case, to the Sudder Dewanny Adawlut, which court shall
determine finally whether the stated ground of disqualification be well
founded or not, and certify a copy of its decision to the Governor-General
in Council, who will order the Court of Wards to take the estate of the
proprietor under their care or not, according as the proprietor may be
adjudged by the Sudder Dewanny Adawlut to be disqualified or otherwise.
Abm^A. [Contumacy, or notorious profligacy of character, a ground of
disqualification.]—ZA Aky. IZZ. 1796.
Females.
Minors.
disqualified by natural*
defects or infirmities.