DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0359
A.D. 1795.]
REGULATION VI.
301
SeeActXXIX.
1837.
account of the estate, and to pay the hxed revenue assessed upon it, or to
dispose of it at public sale, subject to the payment of such revenue. If
the estate shall be conferred upon the heirs of the defaulter, he is to be
immediately released if he should be in confinement. If the estate shall
be disposed of at public sale, the proceeds of the sale are to be appropriated
towards the discharge of the demands of Government, either on account
of the public revenue, the expense attending the deputation of the aumeen
or other native officer appointed to make the collections, or other charges
incurred in consequence of the default of the former proprietor. If no
such demand shall be outstanding at the time of the sale, or if any such
demand should be due and the proceeds shall exceed the amount of it,
the whole of the proceeds in the first-mentioned case, and the overplus in
the second, is to be carried to the public account, or applied in any other
manner that the Governor-General in Council may direct.
XXVI.* If the party (being a farmer) against whom the collector shall
have issued his process at the instance of the tehseeldar, as prescribed in
Section XX., shall refuse to obey, or resist, or avoid compliance with the
requisition of the process ; or if in the first instance, the collector shall
have issued the process prescribed in Section IX. against any huzoory
farmer, on account of arrears of the public revenue, and the defaulter
shall refuse to obey, or resist, or cause to be resisted, the peons deputed
by the collector to convey him to gaol, or escape after being taken by
them into custody, or abscond, or shut himself up in his own or any house,
or in any building, or retire to any place so that the process cannot be
served upon him, the collector is immediately to represent the circum-
stances, through the vakeel of Government, to the Dewanny Adawlut of
the city or zillah wherein the lands on account of which the arrears shall
be due may be situated ; and upon the peon or peons deputed to execute
the process, or any two or more credible persons making to the
truth of the circumstances stated in the representation of the collector,
the judge, provided he shall be satisfied in his own mind from such depo-
sitions of the witnesses, and their answers upon to any questions
which he may put to them, that the charge is well founded, is to require
the defaulter, by a publication in writing, to deliver himself into the
custody of the court within four weeks, calculating from the day following
the date of the publication. The publication is to be written in the Per-
sian language, and the Hindostanee language and Nageree character, and
shall be fixed up, as early after the date of it as may be practicable, at his
u^ual place of abode, or the principal cutcherry in the farm, and in the
office of the collector and the court-room of the Dewanny Adawlut; and in
the mean time the collector is to cause the rents and revenues of the farm of
the defaulter to be realized on behalf of Government, as prescribed in Sec-
tions XIV. and XV. If the defaulter shall not surrender himself before
the expiration of the period limited in the publication, or if he shall deliver
himself up within the prescribed time, and after receiving his answers to
the charge and the evidence that he may have to produce in his defence,
and that which the collector may adduce in support of his representation,
if it shall be proved, to the satisfaction of the court, that the defaulter
Collector how to
proceed, if a farmer
refuses to obey or re-
sists the process issued
by him under Sec-
Judge, upon the
charge appearing to
to deliver himself up to
the court in four weeks.
In what languages
up.
by the City or Zillah
rendering himself with-
in the limited period,
or of his deliveringhim-
self up within the time
and the charge being
proved against him.
* See note at Sec. xxii.
REGULATION VI.
301
SeeActXXIX.
1837.
account of the estate, and to pay the hxed revenue assessed upon it, or to
dispose of it at public sale, subject to the payment of such revenue. If
the estate shall be conferred upon the heirs of the defaulter, he is to be
immediately released if he should be in confinement. If the estate shall
be disposed of at public sale, the proceeds of the sale are to be appropriated
towards the discharge of the demands of Government, either on account
of the public revenue, the expense attending the deputation of the aumeen
or other native officer appointed to make the collections, or other charges
incurred in consequence of the default of the former proprietor. If no
such demand shall be outstanding at the time of the sale, or if any such
demand should be due and the proceeds shall exceed the amount of it,
the whole of the proceeds in the first-mentioned case, and the overplus in
the second, is to be carried to the public account, or applied in any other
manner that the Governor-General in Council may direct.
XXVI.* If the party (being a farmer) against whom the collector shall
have issued his process at the instance of the tehseeldar, as prescribed in
Section XX., shall refuse to obey, or resist, or avoid compliance with the
requisition of the process ; or if in the first instance, the collector shall
have issued the process prescribed in Section IX. against any huzoory
farmer, on account of arrears of the public revenue, and the defaulter
shall refuse to obey, or resist, or cause to be resisted, the peons deputed
by the collector to convey him to gaol, or escape after being taken by
them into custody, or abscond, or shut himself up in his own or any house,
or in any building, or retire to any place so that the process cannot be
served upon him, the collector is immediately to represent the circum-
stances, through the vakeel of Government, to the Dewanny Adawlut of
the city or zillah wherein the lands on account of which the arrears shall
be due may be situated ; and upon the peon or peons deputed to execute
the process, or any two or more credible persons making to the
truth of the circumstances stated in the representation of the collector,
the judge, provided he shall be satisfied in his own mind from such depo-
sitions of the witnesses, and their answers upon to any questions
which he may put to them, that the charge is well founded, is to require
the defaulter, by a publication in writing, to deliver himself into the
custody of the court within four weeks, calculating from the day following
the date of the publication. The publication is to be written in the Per-
sian language, and the Hindostanee language and Nageree character, and
shall be fixed up, as early after the date of it as may be practicable, at his
u^ual place of abode, or the principal cutcherry in the farm, and in the
office of the collector and the court-room of the Dewanny Adawlut; and in
the mean time the collector is to cause the rents and revenues of the farm of
the defaulter to be realized on behalf of Government, as prescribed in Sec-
tions XIV. and XV. If the defaulter shall not surrender himself before
the expiration of the period limited in the publication, or if he shall deliver
himself up within the prescribed time, and after receiving his answers to
the charge and the evidence that he may have to produce in his defence,
and that which the collector may adduce in support of his representation,
if it shall be proved, to the satisfaction of the court, that the defaulter
Collector how to
proceed, if a farmer
refuses to obey or re-
sists the process issued
by him under Sec-
Judge, upon the
charge appearing to
to deliver himself up to
the court in four weeks.
In what languages
up.
by the City or Zillah
rendering himself with-
in the limited period,
or of his deliveringhim-
self up within the time
and the charge being
proved against him.
* See note at Sec. xxii.