DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0403
A.D. 1795.]
REGULATION XXI.
345
IV. All sentences passed by the 6*5%?^ o/* under Section III. Authority reserved to
without, however, any intermediate suspension of their execution, are to be S mS^sLh
transmitted within ten days after their being passed to the Nizamut
Adawlut, which court may order such mitigation and restitution of the
tine or hues thereby imposed, as may be thought proper; but until the
order be issued by the Nizamut Adawlut, the sentence of the of
is to be considered in full force, and to be carried into ettect
accordingly.
V. In case any Brahmin or Brahmins against whom the city or a zillah Penalty for Brah-
magistrate may issue the warrant prescribed in Section II. shall refuse to whose apprch^nthe
obey, or resist, or cause to be resisted, the peons deputed to serve it, or magistrate shall have
escape after being taken by them into custody, or abscond, or shut himself secfh.^
or themselves up in any house or building, or retire to any place so that
the warrant cannot be served upon him or them, the magistrate shall
issue a precept to the collector requiring him to cause the nearest tehseel-
dar to attach the lands that such Brahmin or Brahmins may possess
in property or in mortgage, or in tarm or lakheraj. The lands shall
remain attached until he or they surrender, and the collections made
during the attachment, after deducting such revenue as may fall due to
Government, shall be accounted for and paid to the party against, or on
account of, or in resentment to whom, the koorh was originally established,
or the woman or women, or child or children, were to be wounded or
slain ; and after the surrender or apprehension of the Brahmin or Brahmins
who set up the koorh, or was or were prepared to wound or slay his or
their women or children, or either of them, his or their lands shall be re-
leased ; but he or they shall be proceeded against, in respect to his or their
trial for the original ohence or ohences, asprescribed in SectionsIII. and IV.
VI. In the event of any Brahmin or Brahmins establishing a koorh, or
preparing to' wound or slay his or their women or children, or any or
either of them, with a view to prevent the serving of any dustuck or writ
on him or them, for arrears of revenue, by the local tehseeldar, or by the
collector of Benares, in the manner in which by Regulation VI. 1795,
they are respectively authorized to issue such dustucks ; if it be the
dustuck of the tehseeldar that is thus opposed, he is not, after being
informed thereof, to persist in enforcing it, but is to report the case
immediately to the collector, accompanied by the written testimonies of
the peon deputed to serve the dustuck ; upon receipt of which information,
or in case of his own original process being in like manner resisted, the
collector is to represent, through the vakeel of Government, the amount
of the balance due by such Brahmin or Brahmins, and the circumstances
attending the issuing of his own or of his tehseeldar's process for realizing
it, to the judge and magistrate of the city or zillah in whose jurisdiction
the lands on account of which the arrears shall be due may be situated ;
and upon the peon deputed with the tehseeldar's or the collector's dustuck,
or any other creditable person or persons, attending in court, and making
to the truth of the circumstance stated in the representation of the
collector, either as to the constructing of a koorh by such Brahmin or
Brahmins, or as to his or their being prepared to wound or slay the women
and children, or any of them (according as one or both of these expedients
2 Y
Collector to apply to
the magistrate in case
of Brahmins establish-
ing a koorh, or being
prepared to kill or
wound women or chil-
dren, on account of any
process from the reve-
nue department.
REGULATION XXI.
345
IV. All sentences passed by the 6*5%?^ o/* under Section III. Authority reserved to
without, however, any intermediate suspension of their execution, are to be S mS^sLh
transmitted within ten days after their being passed to the Nizamut
Adawlut, which court may order such mitigation and restitution of the
tine or hues thereby imposed, as may be thought proper; but until the
order be issued by the Nizamut Adawlut, the sentence of the of
is to be considered in full force, and to be carried into ettect
accordingly.
V. In case any Brahmin or Brahmins against whom the city or a zillah Penalty for Brah-
magistrate may issue the warrant prescribed in Section II. shall refuse to whose apprch^nthe
obey, or resist, or cause to be resisted, the peons deputed to serve it, or magistrate shall have
escape after being taken by them into custody, or abscond, or shut himself secfh.^
or themselves up in any house or building, or retire to any place so that
the warrant cannot be served upon him or them, the magistrate shall
issue a precept to the collector requiring him to cause the nearest tehseel-
dar to attach the lands that such Brahmin or Brahmins may possess
in property or in mortgage, or in tarm or lakheraj. The lands shall
remain attached until he or they surrender, and the collections made
during the attachment, after deducting such revenue as may fall due to
Government, shall be accounted for and paid to the party against, or on
account of, or in resentment to whom, the koorh was originally established,
or the woman or women, or child or children, were to be wounded or
slain ; and after the surrender or apprehension of the Brahmin or Brahmins
who set up the koorh, or was or were prepared to wound or slay his or
their women or children, or either of them, his or their lands shall be re-
leased ; but he or they shall be proceeded against, in respect to his or their
trial for the original ohence or ohences, asprescribed in SectionsIII. and IV.
VI. In the event of any Brahmin or Brahmins establishing a koorh, or
preparing to' wound or slay his or their women or children, or any or
either of them, with a view to prevent the serving of any dustuck or writ
on him or them, for arrears of revenue, by the local tehseeldar, or by the
collector of Benares, in the manner in which by Regulation VI. 1795,
they are respectively authorized to issue such dustucks ; if it be the
dustuck of the tehseeldar that is thus opposed, he is not, after being
informed thereof, to persist in enforcing it, but is to report the case
immediately to the collector, accompanied by the written testimonies of
the peon deputed to serve the dustuck ; upon receipt of which information,
or in case of his own original process being in like manner resisted, the
collector is to represent, through the vakeel of Government, the amount
of the balance due by such Brahmin or Brahmins, and the circumstances
attending the issuing of his own or of his tehseeldar's process for realizing
it, to the judge and magistrate of the city or zillah in whose jurisdiction
the lands on account of which the arrears shall be due may be situated ;
and upon the peon deputed with the tehseeldar's or the collector's dustuck,
or any other creditable person or persons, attending in court, and making
to the truth of the circumstance stated in the representation of the
collector, either as to the constructing of a koorh by such Brahmin or
Brahmins, or as to his or their being prepared to wound or slay the women
and children, or any of them (according as one or both of these expedients
2 Y
Collector to apply to
the magistrate in case
of Brahmins establish-
ing a koorh, or being
prepared to kill or
wound women or chil-
dren, on account of any
process from the reve-
nue department.