DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0186
128
REGULATION XIV.
[A.D. 1793.
tion without the sanc-
tion of the Governor-
General inCouncii.
If the estate is de-
creed forfeited, the
Governor - General in
If the forfeiture is
commuted for a hue, by
what court and how it
is to be levied.
Decree of forfeiture
tobefinal, ifnotor-
the collector, and to be
carried on at the public
expense.
Proceedsof the estate
of the defaulter, whilst
attached, to be ac-
counted for to him, if
the forfeiture should be
commuted for a hue.
Portion of the de-
faulter's estate to be
to answer all demands
against him, and he
should not discharge
them.
If the forfeiture
should be confirmed,
the Governor - General
in Council to confer
duce of the estate for the year before mentioned, exceeding* or failing* short
of OMd rupees, the Court of Sudder Dewanny Adawlut is to
examine the decisions passed by the Dewanny Adawlut of the zillah
.TVormcm/ q/'Ajopc%7 respecting* the produce of the estate, and
either adjudge the cause to be appealabie or not, as may appear to them
equitable. Decrees that may be passed under this section by the Dewanny
Adawlut of any zillah, or GMT/ AVowm^ CoM?^ o/Ajopm/, or the Sudder De-
wanny Adawlut, adjudging* the proprietary right in the estate of a defaulter
to be forfeited to Government, shall not be carried into execution in any
case whatever, without an order from the Governor-General in Council con-
firming the decree, and directing in what manner the proprietary right in
the estate shall be disposed of. It shall be at the option of the Governor-
General in Council, within four weeks after the receipt of a decree
adjudging the proprietary right of any defaulter in an estate forfeited,
either to order the decree to be executed, or to commute the forfeiture
for such hue as, upon a consideration of the situation and circumstances in
life of the defaulter, he may think adequate to the ohence for which
the decree may be passed. In the event of the Governor-General in
Council commuting the forfeiture for a hue, the court which shall have
transmitted the decree and proceedings to the Governor-General in
Council, upon receiving* notice of the tine that he may impose, are to levy
the amount of it by the same process by which they are directed to enforce
decrees of the court, and to pay the amount to the. collector of the
zillah. 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 defaulter. The process which a collector may institute
against a defaulter in the Court of Dewanny Adawlut of the zillah under
this section, as well as the prosecution or defence of any appeal from the
decision of such court which may be preferred D Vc of
Ajppcof or fro7/2. Ve A'crcc o/* Vc VDormck/zf Go^rf to the Sudder De-
wanny Adawlut in which the collector may be appellant or respondent, is
to be carried on at the public expense, and to be conducted by the vakeel
of Government, whom the collector is to furnish with the necessary
instructions.
XVII.* If the defaulter mentioned in Section XVI. shall be allowed
to retain the proprietary right in his estate, Government is to account to
him for the amount received through the ameen ; and if it shall exceed
the public revenue that was due from the estate, the expenses attending
the deputation of the ameens and the fine which may be imposed
upon the defaulter, the overplus is to be returned to him. If the sum re-
ceived through the ameen shall be inadequate to the payment of the
several demands above mentioned, and the defaulter shall not make good
the deficiency, a portion of his lands is to be sold for the discharge of it.
XVIII.* If the decree adjudging the proprietary right in the estate of
the defaulter forfeited shall be confirmed under Section XVI., it shall be
at the option of the* Governor-General in Council, either to confer such
* The provisions of Secs.xv. to xxi. are declared applicable to resistance of process issued
under Reg. VII. 1799, by Sec. xxiv. of that Regulation.
REGULATION XIV.
[A.D. 1793.
tion without the sanc-
tion of the Governor-
General inCouncii.
If the estate is de-
creed forfeited, the
Governor - General in
If the forfeiture is
commuted for a hue, by
what court and how it
is to be levied.
Decree of forfeiture
tobefinal, ifnotor-
the collector, and to be
carried on at the public
expense.
Proceedsof the estate
of the defaulter, whilst
attached, to be ac-
counted for to him, if
the forfeiture should be
commuted for a hue.
Portion of the de-
faulter's estate to be
to answer all demands
against him, and he
should not discharge
them.
If the forfeiture
should be confirmed,
the Governor - General
in Council to confer
duce of the estate for the year before mentioned, exceeding* or failing* short
of OMd rupees, the Court of Sudder Dewanny Adawlut is to
examine the decisions passed by the Dewanny Adawlut of the zillah
.TVormcm/ q/'Ajopc%7 respecting* the produce of the estate, and
either adjudge the cause to be appealabie or not, as may appear to them
equitable. Decrees that may be passed under this section by the Dewanny
Adawlut of any zillah, or GMT/ AVowm^ CoM?^ o/Ajopm/, or the Sudder De-
wanny Adawlut, adjudging* the proprietary right in the estate of a defaulter
to be forfeited to Government, shall not be carried into execution in any
case whatever, without an order from the Governor-General in Council con-
firming the decree, and directing in what manner the proprietary right in
the estate shall be disposed of. It shall be at the option of the Governor-
General in Council, within four weeks after the receipt of a decree
adjudging the proprietary right of any defaulter in an estate forfeited,
either to order the decree to be executed, or to commute the forfeiture
for such hue as, upon a consideration of the situation and circumstances in
life of the defaulter, he may think adequate to the ohence for which
the decree may be passed. In the event of the Governor-General in
Council commuting the forfeiture for a hue, the court which shall have
transmitted the decree and proceedings to the Governor-General in
Council, upon receiving* notice of the tine that he may impose, are to levy
the amount of it by the same process by which they are directed to enforce
decrees of the court, and to pay the amount to the. collector of the
zillah. 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 defaulter. The process which a collector may institute
against a defaulter in the Court of Dewanny Adawlut of the zillah under
this section, as well as the prosecution or defence of any appeal from the
decision of such court which may be preferred D Vc of
Ajppcof or fro7/2. Ve A'crcc o/* Vc VDormck/zf Go^rf to the Sudder De-
wanny Adawlut in which the collector may be appellant or respondent, is
to be carried on at the public expense, and to be conducted by the vakeel
of Government, whom the collector is to furnish with the necessary
instructions.
XVII.* If the defaulter mentioned in Section XVI. shall be allowed
to retain the proprietary right in his estate, Government is to account to
him for the amount received through the ameen ; and if it shall exceed
the public revenue that was due from the estate, the expenses attending
the deputation of the ameens and the fine which may be imposed
upon the defaulter, the overplus is to be returned to him. If the sum re-
ceived through the ameen shall be inadequate to the payment of the
several demands above mentioned, and the defaulter shall not make good
the deficiency, a portion of his lands is to be sold for the discharge of it.
XVIII.* If the decree adjudging the proprietary right in the estate of
the defaulter forfeited shall be confirmed under Section XVI., it shall be
at the option of the* Governor-General in Council, either to confer such
* The provisions of Secs.xv. to xxi. are declared applicable to resistance of process issued
under Reg. VII. 1799, by Sec. xxiv. of that Regulation.