Clarke, Richard [Editor]: 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)

152

REGULATION XVII.

[A.D 1793.

Penalty for attaching
property if no arrear be
due.

Attachment not to
tahe place if the de-
faulter shall tender the
arrears upon demand.

Distrainers to fur-
nish the person they
may depute to distrain
with a writing, speci-
fying the amount of
the arrear and the date
on which it became
due.
Copy of the writing,
with list of the property
distrained, name of the
place where it is lodged,
and notice that it will
be sold, indorsed there-
on, to be delivered to
the defaulter, or left at
his place of residence
in case of his absence.

Penalty.

Attachment to be
withdrawn if the de-
faulter shall tender the
arrear and expenses of

VI. If any person vested with the power of distraint shall attach, or
cause to be sold, the property of any under-farmer, ryot, or dependent
talookdar, for arrears of rent or revenue, and it shall appear upon trial that
no arrear was due, the distrainer shall be compelled to restore the pro-
perty to the owner, or to make good to him the value of it if it shall have
been sold, damaged, injured, or destroyed, or shall not be forthcoming,
and to pay to him, as damages, a sum adequate to the value of such
property and all costs of suit.
VII. If the defaulter shall tender the arrears demanded of him, in the
presence of two creditable witnesses, to the person deputed to attach his
property, such person shall receive the arrears, and shall not proceed to
the attachment.
VIII. Distrainers shall deliver to the person whom they may depute
to attach the property of a defaulter a writing, under their [^33^37zA]
signature, specifying the amount of the arrear for which the attachment
may be issued and the date on which such arrear became due. The person
so deputed shall produce this writing as his authority for making the
attachment; and on the day on which he may attach the property, shall
deliver a copy of it to the stated defaulter, endorsing thereon a list or
inventory of the property attached and the name of the place where it
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absent, a copy of the above writing, with the prescribed endorsement,
shall be fixed up or left at his usual place of residence, before the expira-
tion of the third day calculating from the day of the attachment. If any
person vested with the power of distraint shall cause any property to be
attached, without furnishing the agent whom they may employ for that
purpose with the writing above directed, or if such agent shall be furnished
with the writing prescribed, and shall omit to deliver a copy of it, with
the required endorsement, to the defaulter, or in the event of his absence,
tx) leave such copy at his usual place of residence within the period limited,
the distrainer shall not be entitled to recover the arrear for which the distress
may have been levied, and he shall be compelled to restore the property to
the defaulter, or the value of it if it shall have been sold, damaged, injured,
or destroyed, or shall not be forthcoming, and to pay all costs of suit.
IX. X. [Attachment to be withdrawn when security to bring suit is
given.].—AVscmAcA AyXoc/AnzAA. Xqyzz/o/z'ozzXXXU 1795—AU-ozzoc/oA
272 Agc/zD/v XU. 372A Xf A. AilqyzAo/zozz U. 1812.
XI. If the defaulter shall tender payment of the arrear demanded of
him, in the presence of two creditable witnesses, after his property shall
have been attached and prior to the day fixed for its being put up to sale,

See Secs. xv.
andxvi.Reg.V.
1812.

Reg. V. 1812,
and Act VIII.
1848.
XXXV.'179?*

Rescinded by
Sec. iv. Reg.
VII. 1799.

Rescinded by
Sec. ii. Reg.
XXXV. 1795.
Reg.VII.1799,
and Secs. xv.
andxvi. Reg. V.
1812.

See Secs. xv.
andxvi.Reg.V.
1812.