DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0425
A.D. 1795.]
REGULATION XXII.
867
but that if opium the produce of Behar should be so seized, it was to be
confiscated, and the fine thereon levied according* to the proclamation
issued by the Governor-General in Council, on the 19th of February,
1790."
LIX. On the 17th of September, 1791, a rule was passed by the resi- Opium contractor to
dent, allowing the opium contractor to prosecute suits relative to his to Ms contract, without
contract, without the payment of the russoom or commission on the ^ expense
, Pi. 1 . mi - 1 -C 1 i .Li r't 1 of russoom or commis-
amount ot Ins claims. This rule was confirmed by the Governor-General sion.
in Council, on the 25th of April, 1794.
LX. In December, 1790, the judge of the Moolky Dewanny
Adawlut reported to the resident the circumstances under which certain
prosecutions had been brought by the opium contractor against his ser-
vants for alleged frauds and embezzlements, and desired that rules might
be prescribed for his guidance, as those already issued did not appear to
him to apply to the cases under litigation, which were as follow. 1st. For
injuring the contractor in raising, or allowing to be grown other articles,
such as gool masufier, in the poppy-grounds, to the diminution of the pro-
duce in opium. 2ndly. For embezzlements, by granting false receipts
for, and making false entries of deliveries of the crude opium. 3rdly. For
embezzlements of cash, undue detention of the contractors money, on
plea of arrears of wages. The following rules were passed respecting the
above cases on the 31st of December, 1790:
" Dr If it has always been customary to sow gool masuffer
among the opium, and it shall not appear that the plaintiff prohibited this
practice, the defendant is not liable to any special penalty on this account.
But if the sowing of this article be a new practice, introduced by the agent
of the contractor for his own advantage, in such case an estimate is to be
made of the diminution of the produce of opium thereby occasioned, and
the value of such opium, appreciated at the bazar or market price, is to
be awarded to the plaintiff
" 2^& With regard to embezzlements committed by the servants
of the contractor, by their passing undue receipts for and entries of opium
or otherwise, as the Regulations against smuggling did not appear to apply
to such Lauds, the judge vvas instructed to award against the defaulters
a penalty equal to twice the bazar value of the opium ascertained to have
been*so embezzled.
WoMD/k " 3r& At the same time that the servants of the contractor are
subjected to the above penalties, they are to be secured in the receipt of
their full wages whilst in office, that is, until the period of their being
replaced by their successors, and are to be considered bound to render a
fair and just account of all sums or advances made to them by the con-
tractor."
Further queries from
the Moolky Dewanny
Adawlut in respect to
the contractor's prose-
cutions for embezzle-
Rules thereon.
Penalty for diminish-
ing the opium produce
For fraudulent en-
tries and misstated deli-
veries of the crude
material.
Servants to be secured
in the receipt of their
wages, and to render
accounts.
LXI. The judge of the Moolky Dewanny Adawlut having applied to the Rule as to the bazar
resident to know whether by the term of the bazar value in Clause Third,
Section LX. that of the city of Benares, or the price paid by the contrac-
tors to the ryots, was to be understood, he was informed, on the 3rd of
February, 1791, that the opium was to be estimated according to its value
in the bazar of Benares. This rule and that contained in Clause Third,
REGULATION XXII.
867
but that if opium the produce of Behar should be so seized, it was to be
confiscated, and the fine thereon levied according* to the proclamation
issued by the Governor-General in Council, on the 19th of February,
1790."
LIX. On the 17th of September, 1791, a rule was passed by the resi- Opium contractor to
dent, allowing the opium contractor to prosecute suits relative to his to Ms contract, without
contract, without the payment of the russoom or commission on the ^ expense
, Pi. 1 . mi - 1 -C 1 i .Li r't 1 of russoom or commis-
amount ot Ins claims. This rule was confirmed by the Governor-General sion.
in Council, on the 25th of April, 1794.
LX. In December, 1790, the judge of the Moolky Dewanny
Adawlut reported to the resident the circumstances under which certain
prosecutions had been brought by the opium contractor against his ser-
vants for alleged frauds and embezzlements, and desired that rules might
be prescribed for his guidance, as those already issued did not appear to
him to apply to the cases under litigation, which were as follow. 1st. For
injuring the contractor in raising, or allowing to be grown other articles,
such as gool masufier, in the poppy-grounds, to the diminution of the pro-
duce in opium. 2ndly. For embezzlements, by granting false receipts
for, and making false entries of deliveries of the crude opium. 3rdly. For
embezzlements of cash, undue detention of the contractors money, on
plea of arrears of wages. The following rules were passed respecting the
above cases on the 31st of December, 1790:
" Dr If it has always been customary to sow gool masuffer
among the opium, and it shall not appear that the plaintiff prohibited this
practice, the defendant is not liable to any special penalty on this account.
But if the sowing of this article be a new practice, introduced by the agent
of the contractor for his own advantage, in such case an estimate is to be
made of the diminution of the produce of opium thereby occasioned, and
the value of such opium, appreciated at the bazar or market price, is to
be awarded to the plaintiff
" 2^& With regard to embezzlements committed by the servants
of the contractor, by their passing undue receipts for and entries of opium
or otherwise, as the Regulations against smuggling did not appear to apply
to such Lauds, the judge vvas instructed to award against the defaulters
a penalty equal to twice the bazar value of the opium ascertained to have
been*so embezzled.
WoMD/k " 3r& At the same time that the servants of the contractor are
subjected to the above penalties, they are to be secured in the receipt of
their full wages whilst in office, that is, until the period of their being
replaced by their successors, and are to be considered bound to render a
fair and just account of all sums or advances made to them by the con-
tractor."
Further queries from
the Moolky Dewanny
Adawlut in respect to
the contractor's prose-
cutions for embezzle-
Rules thereon.
Penalty for diminish-
ing the opium produce
For fraudulent en-
tries and misstated deli-
veries of the crude
material.
Servants to be secured
in the receipt of their
wages, and to render
accounts.
LXI. The judge of the Moolky Dewanny Adawlut having applied to the Rule as to the bazar
resident to know whether by the term of the bazar value in Clause Third,
Section LX. that of the city of Benares, or the price paid by the contrac-
tors to the ryots, was to be understood, he was informed, on the 3rd of
February, 1791, that the opium was to be estimated according to its value
in the bazar of Benares. This rule and that contained in Clause Third,