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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

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https://doi.org/10.11588/diglit.34367#0215
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A.D. 1793.]

REGULATION XVIII.

157

Reg.VH.1799*

SeeReg.VHI.
1831.

SeeReg.VIIL
1831.

property, or cause such steps to he taken in behalf of the defaulter as may
be consistent with this Regulation.
XXXII. If any gomastah, agent, servant, or ofHcer of 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, or their sureties, or do
any act in the attachment or sale of it contrary to this Regulation, the
party aggrieved shall have his remedy against the principal of the offender
for such illegal attachment, sale, or act, whether the same took place or
was done by the orders or with the knowledge of such principal or not.
Provided that nothing* contained in this section shall extend to subject a
distrainer to imprisonment, in the event of any person deputed by him to
attach property entering the zenana or apartments of women, or breaking-
open a dwelling-house, in opposition to the prohibition contained in
Section XXI.; unless it shall be proved that such acts were done by the
order, or with the consent or knowledge of such distrainer.
XXXIII. Nothing contained in this Regulation shall be construed to
prohibit persons whose property may have been distrained or sold from
instituting a suit in the Court of Dewanny Adawlut of the ziilah against
the distrainer for any injury which they may think they have hereby
sustained. Nor to prevent the several descriptions of landholders or
farmers of land, or other persons vested with the power of distraint, from
prosecuting in the Court of Dewanny Adawlut of the ziilah for arrears
due to them from any under-farmer, ryot, or dependent talookdar, or
their sureties, should they prefer the last-mentioned mode of procedure
to distraining and selling the personal property of the defaulter, or in the
cases authorized, of his surety, for the recovery of the arrears under this
Regulation.
XXXIV. All suits that may be instituted under this Regulation are
to be heard and determined previous to any other suits which may be
depending.

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1793.
1. To obviate injuries arising to public or private rights or property, by
the loss, destruction, or removal of the records of the Courts of Judicature ;
and with a view to facilitate reference to them, and that the Provincial

Principals respon-
sible for the acts of


Suits instituted un-
der this Regulation to
be tried in preference
to all other suits.

Reg. XVIII. 1793.
 
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