DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0350
292
REGULATION VI.
[A.D. 1795.
When the tehseel-
dars are to send in de-
the powers vested in
him by Sec. xi.
huzoory, or immediately to the collector, the tehseeldar, at the expiration
of the fifth day from the date of his dustucks having been served without
success on the party or parties in arrear, is to cause similar written
demands, under the same attestations, and subject to the same progressive
rate of tullubana, to be served on their sureties, if they shall have given
sureties; and when the revenue in demand, together with the tuliubana,
shall be realized from the principal or surety, either at their places of
abode, in consequence of the dustuck being served upon them, or at the
tehseeldar's cutcherrv, to which the peons are to escort them, by such
time (consistently with the period fixed in the ensuing section for their
being sent in to the collector) as shall be specified by the tehseeldar in the
dustuck, such dustuck or dustucks, together with the peons serving the
same, shall thereon be immediately withdrawn.
XI. The tehseeldars are not to confine in gaol, or put into stocks or
irons, any persons, whether principals or sureties, who may be in arrears
on account of the revenue ; but in case of any such defaulter not paying-
up the demand on him by the tenth day after a dustuck shall have been
served on a principal, or by the fifth day after the dustuck issued on his
surety, such party or parties are invariably to be sent with a written
report of the circumstances to the collector. In such instances, and also
in similar cases of huzoory malguzars, w on whom he may ggg
have sent a dustuck or written demand and summoned in the first instance, begmn
the collector, after inquiring into the circumstances, shall within ten days
after the arrival of such defaulter or defaulters at his cutcherry (during
which period of ten days he may either confine their persons, or only keep
over them the peons with whom they arrived), either discharge him or
them, on his or their paying the amount in demand, or satisfying the col-
lector that he or they will make good such payment before the expiration
of the current Hindoo month ; or otherwise the collector is to cause the
party or parties in question, after the expiration of the ten<days, to be
conveyed to the public gaol of the nearest Court of Dewanny Adawlut,
and the collector is to apply to the court, by motion in writing to be made
in open court (if the court shall be sitting) through the pleader of Govern-
ment, for the confinement of the defaulter. If the court shall not be
sitting, the motion is to be presented to the judge out of court. The
motion is to specify the amount of the arrear due from the defaulter, and
the date on which it became payable. Upon receipt of the motion, the
judge is immediately to order the defaulter to be confined in the gaol of
the Dewanny Adawlut, and detain him until he shall have discharged the
arrear for which he may have been taken into custody, and all subsequent
arrears that may become due during his confinement, or until the collector
shall apply to the court, by motion made as above directed, to have him
released.
XII. [Interest on arrears.]—771 7?q^7n^072 E77.
1830—/SdGa'oM U7771 7. 1845.
XIII. If the crops, in any estate or farm shall have been damaged or
destroyed by drought, inundation, or other calamity of season, or from any
cause not originating in the neglect, mismanagement, or misconduct of
REGULATION VI.
[A.D. 1795.
When the tehseel-
dars are to send in de-
the powers vested in
him by Sec. xi.
huzoory, or immediately to the collector, the tehseeldar, at the expiration
of the fifth day from the date of his dustucks having been served without
success on the party or parties in arrear, is to cause similar written
demands, under the same attestations, and subject to the same progressive
rate of tullubana, to be served on their sureties, if they shall have given
sureties; and when the revenue in demand, together with the tuliubana,
shall be realized from the principal or surety, either at their places of
abode, in consequence of the dustuck being served upon them, or at the
tehseeldar's cutcherrv, to which the peons are to escort them, by such
time (consistently with the period fixed in the ensuing section for their
being sent in to the collector) as shall be specified by the tehseeldar in the
dustuck, such dustuck or dustucks, together with the peons serving the
same, shall thereon be immediately withdrawn.
XI. The tehseeldars are not to confine in gaol, or put into stocks or
irons, any persons, whether principals or sureties, who may be in arrears
on account of the revenue ; but in case of any such defaulter not paying-
up the demand on him by the tenth day after a dustuck shall have been
served on a principal, or by the fifth day after the dustuck issued on his
surety, such party or parties are invariably to be sent with a written
report of the circumstances to the collector. In such instances, and also
in similar cases of huzoory malguzars, w on whom he may ggg
have sent a dustuck or written demand and summoned in the first instance, begmn
the collector, after inquiring into the circumstances, shall within ten days
after the arrival of such defaulter or defaulters at his cutcherry (during
which period of ten days he may either confine their persons, or only keep
over them the peons with whom they arrived), either discharge him or
them, on his or their paying the amount in demand, or satisfying the col-
lector that he or they will make good such payment before the expiration
of the current Hindoo month ; or otherwise the collector is to cause the
party or parties in question, after the expiration of the ten<days, to be
conveyed to the public gaol of the nearest Court of Dewanny Adawlut,
and the collector is to apply to the court, by motion in writing to be made
in open court (if the court shall be sitting) through the pleader of Govern-
ment, for the confinement of the defaulter. If the court shall not be
sitting, the motion is to be presented to the judge out of court. The
motion is to specify the amount of the arrear due from the defaulter, and
the date on which it became payable. Upon receipt of the motion, the
judge is immediately to order the defaulter to be confined in the gaol of
the Dewanny Adawlut, and detain him until he shall have discharged the
arrear for which he may have been taken into custody, and all subsequent
arrears that may become due during his confinement, or until the collector
shall apply to the court, by motion made as above directed, to have him
released.
XII. [Interest on arrears.]—771 7?q^7n^072 E77.
1830—/SdGa'oM U7771 7. 1845.
XIII. If the crops, in any estate or farm shall have been damaged or
destroyed by drought, inundation, or other calamity of season, or from any
cause not originating in the neglect, mismanagement, or misconduct of