DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0423
A.D. 1795.]
REGULATION XXII.
865
LII. Under the rule contained in Section XLV. the resident occasion-
ally referred civil causes, to be tried by the same process as in the civil
courts, to the Moolky Foujdarry Adawlut. This court, however, had
jurisdiction only in such suits of this description as were expressly referred
to it by the resident.
LIII. The rules in this section and the eight following sections
relative to the opium contract were issued for the information and
guidance of the courts of justice.
LIV. On the 21st of March, 1790, the advertisement published by the
Governor-General in Council, under date the 19th of February preceding,
was transmitted for the information and guidance of the Courts of Adaw-
lut, in respect to that clause of it which prescribes the levying from natives
a fine of three hundred and seventy-five rupees (half to be paid to the
informer and the other moiety to Government), for every maund of opium
which they might be proved to have procured or provided, contrary to
the Regulations for limiting the provision of that article to the con-
tractor.
LV. On the 5th of May, 1790, the following summary of certain
of the clauses of the then existing contract, and the Regulations for the
provision of opium within the zemindarry, was transmitted to the several
courts for their information and guidance.
" BA The contractor is to pay to the ryots or cultivators for
their opium at the rate of two Benares sicca rupees and eight annas per
seer, each seer to weigh ninety-six Benares sicca rupees, and to make
them advances in the former established mode, and to deduct one
chuttack per seer (equal to two seers and a half per maund) in con-
sideration of the moistness of the crude opium when delivered into the
godown.
" 2zz& When the poppy has attained the proper growth, the
quantity of opium produced is to be ascertained on the spot by the officer
of the contractor, in concert with two or three creditable cultivators, who
are to assist in forming the estimate. The cultivator is to execute an
engagement to deliver the estimated quantity, together with any surplus
which may be produced.
AAwiA. " The opium is to be fairly weighed by weights bearing
the mark of the resident, in the mode termed dherm dundy, so as to
preclude the agents of the contractors from attempting to exact undue
weight.
Wz/%. "4^. In cases in which the short deliveries of the ryot shall
appear to have proceeded from calamity of season or other accident, and
not from any neglect or fault on his part, the courts shall only adjudge
him to restore a proportionate part of the advances made to him, with
interest at the rate of eight per cent, per annum; if it shall be proved
that the short deliveries have been owing to the negligence or other
fault of the cultivator, he shall restore such proportional advance, with
interest at the rate of twelve per cent, per annum; if it be proved that
short deliveries have originated in the cultivator's having embezzled or
causes referred to the
Moolky Foujdarry Ad-
awlut.
Rules for the guid-
ance of the courts of
justice, in respect to
the opium contract and
the rights of the con-
tractor.
Penalty provided
against the illicit pro-
vision of opium.
Summary of the con-
ditions of the existing
contract.
REGULATION XXII.
865
LII. Under the rule contained in Section XLV. the resident occasion-
ally referred civil causes, to be tried by the same process as in the civil
courts, to the Moolky Foujdarry Adawlut. This court, however, had
jurisdiction only in such suits of this description as were expressly referred
to it by the resident.
LIII. The rules in this section and the eight following sections
relative to the opium contract were issued for the information and
guidance of the courts of justice.
LIV. On the 21st of March, 1790, the advertisement published by the
Governor-General in Council, under date the 19th of February preceding,
was transmitted for the information and guidance of the Courts of Adaw-
lut, in respect to that clause of it which prescribes the levying from natives
a fine of three hundred and seventy-five rupees (half to be paid to the
informer and the other moiety to Government), for every maund of opium
which they might be proved to have procured or provided, contrary to
the Regulations for limiting the provision of that article to the con-
tractor.
LV. On the 5th of May, 1790, the following summary of certain
of the clauses of the then existing contract, and the Regulations for the
provision of opium within the zemindarry, was transmitted to the several
courts for their information and guidance.
" BA The contractor is to pay to the ryots or cultivators for
their opium at the rate of two Benares sicca rupees and eight annas per
seer, each seer to weigh ninety-six Benares sicca rupees, and to make
them advances in the former established mode, and to deduct one
chuttack per seer (equal to two seers and a half per maund) in con-
sideration of the moistness of the crude opium when delivered into the
godown.
" 2zz& When the poppy has attained the proper growth, the
quantity of opium produced is to be ascertained on the spot by the officer
of the contractor, in concert with two or three creditable cultivators, who
are to assist in forming the estimate. The cultivator is to execute an
engagement to deliver the estimated quantity, together with any surplus
which may be produced.
AAwiA. " The opium is to be fairly weighed by weights bearing
the mark of the resident, in the mode termed dherm dundy, so as to
preclude the agents of the contractors from attempting to exact undue
weight.
Wz/%. "4^. In cases in which the short deliveries of the ryot shall
appear to have proceeded from calamity of season or other accident, and
not from any neglect or fault on his part, the courts shall only adjudge
him to restore a proportionate part of the advances made to him, with
interest at the rate of eight per cent, per annum; if it shall be proved
that the short deliveries have been owing to the negligence or other
fault of the cultivator, he shall restore such proportional advance, with
interest at the rate of twelve per cent, per annum; if it be proved that
short deliveries have originated in the cultivator's having embezzled or
causes referred to the
Moolky Foujdarry Ad-
awlut.
Rules for the guid-
ance of the courts of
justice, in respect to
the opium contract and
the rights of the con-
tractor.
Penalty provided
against the illicit pro-
vision of opium.
Summary of the con-
ditions of the existing
contract.