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)

154

REGULATION XVII.

[A.D. 1798.


property after sunset
and before sunrise.

Transfer of a default-
er's property to pre-
vent distraint invalid.




Wbatplacesdistrain-
ers may force open to
attach the property of
defaulters.

apartments not to be
entered, whether the
doors be open or shut.

Penalty for entering

If any person vested with the power of distraint shall seize, or attempt to
seize, the property of any defaniter after sunset and before sunrise for the
discharge of arrears of rent or revenue, such distrainer shall not be
entitled to recover the arrear, and if the property shall have been
attached, shall be compelled to restore it to the defaulter, or the value of
it if it shall have been sold, damaged, injured, or destroyed, or shall not be
forthcoming, with all costs of suit.

XVIII. If any under-farmer, ryot, or dependent talookdar, shall make
a fraudulent conveyance or transfer of his property to prevent the attach-
ment of it for arrears, the Court of Dewanny Adawlut, upon proof thereof
being made before it, shall cause the property to be delivered up to the
distrainer, and compel the person to whom such transfer or conveyance
shall have been made to pay to the distrainer damages adequate to the
value of one-half of the propertv, with costs of suit.
XIX. If any under-farmer, ryot, or dependent talookdar, shall resist
the attachment of his property, or shall forcibly or clandestinely take it
away after it shall have been attached, the Court of Dewanny Adawlut
shall cause him, and all persons who may be proved to have been his
aiders or abettors, to be imprisoned in the gaol until he shall restore the
property to the distrainer, or the arrear shall have been liquidated by the
distraint and sale of other property, or otherwise discharged, with the
expenses attending the attachment and costs of suit.
XX. If any person, not being the owner, shall be convicted of forcibly
or clandestinely taking away property that has been distrained, the Court
of Dewanny Adawlut, upon proof thereof being made before it, shall
cause such person or persons to be imprisoned until they restore the pro-
perty, or make good the value of it to the distrainer, and pay to him, as
damages, a sum equal to the value of such property, and all costs of suit.
XXI. Distrainers are empowered to force open any stable, cow-house,
barn, golah, granary, or other building, and to enter any dwelling-house,
the outer door of which may be open (excepting the apartments in such
dwelling-house which may be appropriated for the zenana or residence of
women), and to break open the door of any room in such dwelling-house,
for the purpose of attaching any property belonging to a defaulter which
may be lodged therein. But nothing contained in this Regulation shall be
construed to authorize persons vested with the power of distraint, or their
servants or agents, to enter the zenana or apartments of women, whether
the doors or passages leading thereto be open or not; nor to force open
and enter any dwelling-house, the outer door of which may be locked or
barred. Persons entering* the apartments of women, or forcing open the
outer door of any dwelling-house, shall be imprisoned for six months; the
distrainer shall not recover the arrear for which the attachment may have
been issued, and he shall be compelled to restore to the defaulter any
property that may have been attached, or the value of it, if it shail have
been sold, damaged, injured, or destroyed, or shall not be forthcoming;
and the court shall further award against such distrainer heavy damages,
with all costs of suit. And if any person shall enter a dwelling-house, or

See Sec. ix
Reg. VII. 1799

Sec^.RegWIL
1799.