DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0213
A.D. 1793.]
REGULATION XVII.
155
ModiAed by
Act 1.1839.
ModiAed by
Act 1.1839.
break open any stable, cow-honse, barn, golah, granary, or other building, any dwelling-house, or
not occupied by or in the possession of the defaulter, to distrain property ^wcup!?by^hl
belonging to him, and no such property shall be found therein, the dis- the possession of the
trainer shall be liable to prosecution by the occupant or possessor, for ^opeiuy' belonging to
entering such house or breaking open such stable or other building, and himbe found therein,
the court shall award to him damages according to the circumstances of
the case, with all costs of suit.
XXII. [Attachment—sale—disposal of surplus—further attachment
for deficiency.]—/by Acchhz/ 7 U., zmh Acchhzz U.
z!m%XiXkVU. 1795.
XXIII. The is to be careful to prevent any unfair practices, Punishment for cau-
either in the appraisement or sale of property. Upon proof being made, f^rpracUce"hrtiieap-
before the Court of Dewanny Adawlut of the zillah, of his conniving at any praisement or sale of
such practices, the court shall cause him to make good any loss or injury
that the defaulter may have thereby sustained, with costs of suit, and shall
immediately report the circumstances of the case to the Sudder Dewanny
Adawlut, for the information of the Governor-General in Council, who,
provided there shall appear to him sufficient reason for so doing, shall
dismiss such from his office.
XXIV. The distrainer, the and the appraisers, are prohibited Distrainer, caw-y,
purchasing, directly or indirectly, any part of the property. Any cf/Mgy or purei!aseYimpr'operty°
appraiser offending against this prohibition, shall be compelled to restore
the property to the defaulter, or the full value of it in the event of its
being injured, damaged, destroyed, or not forthcoming, and shall forfeit
the purchase-money, which shall be appropriated to the liquidation of the Penalty,
arrear, and pay all costs of suit; and the court shall report the circum-
stances to the Sudder Dewanny Adawlut, for the information of the
Governor-General in Council, wdio, if there shall appear to him sufficient
ground for so doing, shall dismiss such from his office. Distrainers
acting contrary to the prohibition contained in this section shall be com-
pelled to restore the property to the defaulter, or the full value of it if it
shall have been injured, damaged, or destroyed, or shall not be forthcoming,
and shall likewise forfeit to him the arrear for which the property may
have been attached, and pay all costs of suit.
XXV. Neither the defaulter, nor any person on his behalf, shall be Defaulters not to bid
., . 1 , 1 . 1 r- 1 ,1 ^ , for or purchase then*
permitted to bid for or purchase the property. property.
XXVI. [Payment when to be made for property sold.]—/h/
IV., Xcchbn 177. Acyzzkzhh/z AkUY U. 1795.
XXVII. Persons who tenant or under-farm lands in the name of their Persons who, under
children, dependants, or others, or in the names of fictitious persons, and fa[^o"tJn°nt
give themselves as the ostensible sureties for the performance of the the name
agreement, but retain the actual management of the lands, and in fact are , yots or farmers of such
themselves the under-farmers or ryots of such lands, shall, to all intents
and purposes, be considered as the under-farmers or ryots of such lands,
and their property shall be liable to be distrained and sold for arrears,
x 2
REGULATION XVII.
155
ModiAed by
Act 1.1839.
ModiAed by
Act 1.1839.
break open any stable, cow-honse, barn, golah, granary, or other building, any dwelling-house, or
not occupied by or in the possession of the defaulter, to distrain property ^wcup!?by^hl
belonging to him, and no such property shall be found therein, the dis- the possession of the
trainer shall be liable to prosecution by the occupant or possessor, for ^opeiuy' belonging to
entering such house or breaking open such stable or other building, and himbe found therein,
the court shall award to him damages according to the circumstances of
the case, with all costs of suit.
XXII. [Attachment—sale—disposal of surplus—further attachment
for deficiency.]—/by Acchhz/ 7 U., zmh Acchhzz U.
z!m%XiXkVU. 1795.
XXIII. The is to be careful to prevent any unfair practices, Punishment for cau-
either in the appraisement or sale of property. Upon proof being made, f^rpracUce"hrtiieap-
before the Court of Dewanny Adawlut of the zillah, of his conniving at any praisement or sale of
such practices, the court shall cause him to make good any loss or injury
that the defaulter may have thereby sustained, with costs of suit, and shall
immediately report the circumstances of the case to the Sudder Dewanny
Adawlut, for the information of the Governor-General in Council, who,
provided there shall appear to him sufficient reason for so doing, shall
dismiss such from his office.
XXIV. The distrainer, the and the appraisers, are prohibited Distrainer, caw-y,
purchasing, directly or indirectly, any part of the property. Any cf/Mgy or purei!aseYimpr'operty°
appraiser offending against this prohibition, shall be compelled to restore
the property to the defaulter, or the full value of it in the event of its
being injured, damaged, destroyed, or not forthcoming, and shall forfeit
the purchase-money, which shall be appropriated to the liquidation of the Penalty,
arrear, and pay all costs of suit; and the court shall report the circum-
stances to the Sudder Dewanny Adawlut, for the information of the
Governor-General in Council, wdio, if there shall appear to him sufficient
ground for so doing, shall dismiss such from his office. Distrainers
acting contrary to the prohibition contained in this section shall be com-
pelled to restore the property to the defaulter, or the full value of it if it
shall have been injured, damaged, or destroyed, or shall not be forthcoming,
and shall likewise forfeit to him the arrear for which the property may
have been attached, and pay all costs of suit.
XXV. Neither the defaulter, nor any person on his behalf, shall be Defaulters not to bid
., . 1 , 1 . 1 r- 1 ,1 ^ , for or purchase then*
permitted to bid for or purchase the property. property.
XXVI. [Payment when to be made for property sold.]—/h/
IV., Xcchbn 177. Acyzzkzhh/z AkUY U. 1795.
XXVII. Persons who tenant or under-farm lands in the name of their Persons who, under
children, dependants, or others, or in the names of fictitious persons, and fa[^o"tJn°nt
give themselves as the ostensible sureties for the performance of the the name
agreement, but retain the actual management of the lands, and in fact are , yots or farmers of such
themselves the under-farmers or ryots of such lands, shall, to all intents
and purposes, be considered as the under-farmers or ryots of such lands,
and their property shall be liable to be distrained and sold for arrears,
x 2