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)

A.D. 1793.]

REGULATION XVII.

153

and also of the necessary expenses attending the attachment, the distrainer
shall receive the amount of such arrear and expenses immediately upon
the same being tendered, and shall forthwith release the property. In
case of any dispute arising respecting the expenses of the attachment, it
.1839. shall be determined by thec%M2^/of the pergunnah in which the distress
may have been levied. The Courts of Dewanny Adawlut are, upon com-
plaint made to them, to punish any distrainer who may act contrary
to this Regulation, by awarding against him, in favour of the party injured,
damages according to the circumstances of the case, with all costs of
suit.
XII. Distrainers shall not drive or convey distrained cattle, or other
property, out of the limits of the pergunnah in which it may have been
attached. The distrainer shall either leave the property upon the premises
in the charge of any person he may think proper, or drive or convey it
with due care to a proper place, as near as posssible to the premises
within the limits of the pergunnah.
XIII. Distrainers who shall attach the crops or any ungathered products
of the earth belonging to their under-farmers, ryots, or the talookdars
paying revenue through them, shall cause such crops or products to be
reaped or gathered in due season, and store the same in proper houses,
barns, or granaries upon the premises, or if there shall be no such places
on the premises, in any barn or proper place which can be procured as
near thereto as possible within the limits of the pergunnah. The expense
of reaping, or gathering and storing such crops or products, shall be
paid by the owner upon his redeeming the property, or from the
proceeds of the sale in the event of its being sold.
XIV. Distrainers shall not work the bullocks or cattle, or make use
of the goods or effects distrained. They shall provide the necessary food
for the cattle or live stock, the expense attending which shall be paid
by the owner upon his redeeming the property, or from the proceeds
of the sale in the event of its being sold.
XV. If property distrained shall be stolen or lost, or be damaged,
injured, or destroyed by the weather or otherwise, whilst in the posses-
sion of the distrainer, owing to his not having taken the necessary
precautions for the due keeping and preservation of it, he shall make
good the loss or damage to the owner.
XVI. The distress levied shall not be excessive; or, in other words,
the property seized shall be as nearly as possible proportionate to the
amount of the arrear. If any person vested with the power of distraint
shall attach any property the value of which shall be disproportionate to
the arrear, and it shall be proved that he could have seized other property
of less value, and which would have been suhicient for the liquidation of
such arrear, the Court of Dewanny Adawlut shall award to the owner
damages according to the circumstances of the case, with all costs of suit.

attachment previous to
the day of sale.

Penalty.

Property distrained
not to be taken out of
the pergunnah.
Where to be kept.

Distrained crops and
ungathered products of
the earth when to be
reaped or gathered,
and where to be stored.

to be worked, nor goods
or effects used. Dis-
trainers to provide food

Penalty for distrain-
ers neglecting to take

Distress to be pro-
portionate to the arrear.
Penalty for excessive
distress.

XVII. All attachments shall be made after sunrise and before sunset. Distress to be levied