DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0194
136
REGULATION XIV.
[A.D. 1793.
without a judicial de-
cree.
has discharged the amount of the decree and the sums which may have
become due from him subsequent to his confinement. If the prisoner
shah not be confined under a judicial decree, but under the process which
the coliectors are empowered by this Regulation to issue for conveying
persons to gaol for claims of Government, and he shall dispute the justness
of the demand, the judge is not to inquire into the merits of the case, but
is to leave the prisoner to prosecute the collector under Section XII.,
which is hereby extended to demands on sureties and purchasers of land,
as far as it can be applied to them. If, however, the prisoner shall admit
the justness of the demand for which he was confined, as well as any other
claims that may be made upon him, for sums stated to have become due
from him subsequent to his confinement, and shall assert that the whole
of such sums have been discharged by him, the judge is to proceed to
inquire whether the prisoner has actually paid such sums or not. Upon
examination of the prisoner's accounts of his payments (which examination
is to be considered as a continuation of the original suit or process, and
not as a new suit or process), if it shall appear to the judge that the de-
mands for which he may be in confinement have been liquidated, he is to
release him, upon his giving security to make good any sum which the
collector may state to be still due from him, in the event of the cause
being appealed, and the sum being awarded in favour of Government. If
the collector shall not object to the adjustment of accounts made by the
court, or if he shall object to them and the person confined shall omit to
give the security above required, and the collector shall not appeal within
the time limited for preferring appeals, the judge is to release the prisoner
without taking any security. If it shall be found that the whole, or a part
of the sum for which such person may be in confinement, remains undis-
charged, and he shall acquiesce in the adjustment of accounts made by the
court, and shall have been confined on account of such demand for a
term exceeding one year, the judge is empowered to release him, upon his
giving good security to pay the sum remaining due from him, by instal-
ments, during the course of one year after his release. The collector and
the prisoner are to be allowed to appeal from the decision which may be
passed by the court under this section, in the event of either of them
being dissatisfied with it, under the rules regarding appeals prescribed
in Regulations V. and VI. 1793. The rules prescribed to collectors in
Section XXX. regarding the decisions therein specified are to be consi-
dered applicable to all decisions passed under this section.
XXX. Upon a decision being passed in the Dewanny Adawlut of any
zillah by which the whole, or any part of a sum of money that may have
been demanded, or actually received by a collector, as an arrear of revenue
under this Regulation, from any proprietor or farmer of land, shall be ad-
judged not to be due, the collector is to apply immediately to the court,
through his vakeel, for a copy of the proceedings and decree. The court
is to order copies of the proceedings and decree to be delivered to the
collector with all practicable despatch. The collector is to forward the
papers, without delay, to the Board of Revenue, with a letter stating his
objections to the decree. 7/" & q/opiyUoTZ
7$ fAg fo %ppda7 ^Ad zd
TAwmczhd q/ Append 7/" emod vAuA
Reg. IL 1S05.
REGULATION XIV.
[A.D. 1793.
without a judicial de-
cree.
has discharged the amount of the decree and the sums which may have
become due from him subsequent to his confinement. If the prisoner
shah not be confined under a judicial decree, but under the process which
the coliectors are empowered by this Regulation to issue for conveying
persons to gaol for claims of Government, and he shall dispute the justness
of the demand, the judge is not to inquire into the merits of the case, but
is to leave the prisoner to prosecute the collector under Section XII.,
which is hereby extended to demands on sureties and purchasers of land,
as far as it can be applied to them. If, however, the prisoner shall admit
the justness of the demand for which he was confined, as well as any other
claims that may be made upon him, for sums stated to have become due
from him subsequent to his confinement, and shall assert that the whole
of such sums have been discharged by him, the judge is to proceed to
inquire whether the prisoner has actually paid such sums or not. Upon
examination of the prisoner's accounts of his payments (which examination
is to be considered as a continuation of the original suit or process, and
not as a new suit or process), if it shall appear to the judge that the de-
mands for which he may be in confinement have been liquidated, he is to
release him, upon his giving security to make good any sum which the
collector may state to be still due from him, in the event of the cause
being appealed, and the sum being awarded in favour of Government. If
the collector shall not object to the adjustment of accounts made by the
court, or if he shall object to them and the person confined shall omit to
give the security above required, and the collector shall not appeal within
the time limited for preferring appeals, the judge is to release the prisoner
without taking any security. If it shall be found that the whole, or a part
of the sum for which such person may be in confinement, remains undis-
charged, and he shall acquiesce in the adjustment of accounts made by the
court, and shall have been confined on account of such demand for a
term exceeding one year, the judge is empowered to release him, upon his
giving good security to pay the sum remaining due from him, by instal-
ments, during the course of one year after his release. The collector and
the prisoner are to be allowed to appeal from the decision which may be
passed by the court under this section, in the event of either of them
being dissatisfied with it, under the rules regarding appeals prescribed
in Regulations V. and VI. 1793. The rules prescribed to collectors in
Section XXX. regarding the decisions therein specified are to be consi-
dered applicable to all decisions passed under this section.
XXX. Upon a decision being passed in the Dewanny Adawlut of any
zillah by which the whole, or any part of a sum of money that may have
been demanded, or actually received by a collector, as an arrear of revenue
under this Regulation, from any proprietor or farmer of land, shall be ad-
judged not to be due, the collector is to apply immediately to the court,
through his vakeel, for a copy of the proceedings and decree. The court
is to order copies of the proceedings and decree to be delivered to the
collector with all practicable despatch. The collector is to forward the
papers, without delay, to the Board of Revenue, with a letter stating his
objections to the decree. 7/" & q/opiyUoTZ
7$ fAg fo %ppda7 ^Ad zd
TAwmczhd q/ Append 7/" emod vAuA
Reg. IL 1S05.