DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0453
A.D. 1795.]
REGULATION XXXV.
395
as far as the amount might be realizable from the crops and personal
property of the defaulter, leaving him to sue in the courts for redress, in
the event of any sums being unjustly exacted from him. This was the
leading principle of the Regulation; but to prevent so extensive a power
being abused on the first delegation of it, provisions were made for
obliging the distrainer to withdraw the attachment on property, in the
event of his demand being contested by the defaulter, and of his giving
security to try the justness of it within a specific time in the court of
judicature, and to pay interest on the amount, with costs, in case of its
being decreed to be due. These provisions, however, have been found to
counteract the object of the Regulation, by the delay, often unavoidable, in
bringing suits to a conclusion, and the opportunity which they afford to
defaulters of protracting the discharge of just demands. In large estates,
in which extensive tracts of country are under-farmed, the under-farmers
often fall in arrear to so considerable an amount, as to render the realizing
of the deficiency by the distress of their personal property impracticable.
In such cases, the proprietors or farmers are obliged to sue the defaulter
or his surety in the Dewanny Adawlut for the recovery of the arrears ; but
as the persons to whom the arrears may be due are not allowed any sus-
pension in their payments to the public whilst the suit is depending, the
lands of proprietors are liable to be sold, and the persons and property of
farmers are subject to attachment, fbr deficiencies arising not from their
own misconduct or mismanagement, but from breach of engagements on
the part of their under-farmers. To obviate the above inconveniences,
the following rules have been enacted.
II. * ^66^23772^ 7A. 33723^ A. A63/33^332!23723 AU7V. 1793, /y 337^26/4 2^2^322736?^
337'6 ?'6^2227'63^ 2^37 262^&'33237 2^6 222^226/^772 6 722! 0% 3^M2^7'33272 63^ ^77'37p67'(7/, 0% 2^6 ;767tS'2772
^7*27773 26^37773 2*A6 227T6227' M 3^677233733/627 3/6722/2733/ 2*/36 /23^/726^^ 2?/ 2^6 3/677333723/, 33723/
j/223722/ ^66227^2/2/ /37 /333T76 2/ /?^263/ 373 2f/26 7)6263372722/ yl 2/23222/22/ 262//2272 33 667723373
2*2 7726, 33723/ /t)' p723/ 272/67'66'Z /37 /Ad 3/33/6 2)/' /Ad 3/d67"66, 262/A 6376'/d, 272 /Ad 627672/ 37/
/Ad 3/677233723/ 2362722/ 3/d67'663/ 2*37 Ad/226/, 332'd A67"6/72/ ?'d.5'd'2227d7,* together with the
following clause of Section VIII. of that Regulation ; viz. " or he shall
contest the demand, and procure the attachment to be withdrawn in the
manner hereafter specified."
III. In future, distrainers are permitted to affix their signature only to
writings for the attachment of property, instead of both their seals and
signatures, as required by Section VIII. Regulation XVII. 1793.
IV. Section XXII. Regulation XVII. 1793, regarding the mode of
selling distrained property, is hereby rescinded, and the rule contained in
the following section is adopted in lieu of it. '
V. After the expiration of the fifth day and before the elapse of the eighth
day, calculating from the day following the day on which the attachment
of the property of a defaulter shall have taken place, or if the property
attached shall consist of crops or other ungathered products of the earth,
after the elapse of the fifth day and before the expiration of the eighth
* Superseded by Secs. xv. and xvi. Regulation V. 1812, in which Secs. ix. and x.
Regulation XVII.L 3, are re-enacted.
3 E 2
M?. awd jr.
o/ Regulation XVII.
1793, aMd part of Sec-
tion viii. rescinded.
Distrainers allowed
to atHx their signature
Section xxii. Regu-
lation XVII. 1793,
distrained property, re-
scinded.
Rules regarding the
REGULATION XXXV.
395
as far as the amount might be realizable from the crops and personal
property of the defaulter, leaving him to sue in the courts for redress, in
the event of any sums being unjustly exacted from him. This was the
leading principle of the Regulation; but to prevent so extensive a power
being abused on the first delegation of it, provisions were made for
obliging the distrainer to withdraw the attachment on property, in the
event of his demand being contested by the defaulter, and of his giving
security to try the justness of it within a specific time in the court of
judicature, and to pay interest on the amount, with costs, in case of its
being decreed to be due. These provisions, however, have been found to
counteract the object of the Regulation, by the delay, often unavoidable, in
bringing suits to a conclusion, and the opportunity which they afford to
defaulters of protracting the discharge of just demands. In large estates,
in which extensive tracts of country are under-farmed, the under-farmers
often fall in arrear to so considerable an amount, as to render the realizing
of the deficiency by the distress of their personal property impracticable.
In such cases, the proprietors or farmers are obliged to sue the defaulter
or his surety in the Dewanny Adawlut for the recovery of the arrears ; but
as the persons to whom the arrears may be due are not allowed any sus-
pension in their payments to the public whilst the suit is depending, the
lands of proprietors are liable to be sold, and the persons and property of
farmers are subject to attachment, fbr deficiencies arising not from their
own misconduct or mismanagement, but from breach of engagements on
the part of their under-farmers. To obviate the above inconveniences,
the following rules have been enacted.
II. * ^66^23772^ 7A. 33723^ A. A63/33^332!23723 AU7V. 1793, /y 337^26/4 2^2^322736?^
337'6 ?'6^2227'63^ 2^37 262^&'33237 2^6 222^226/^772 6 722! 0% 3^M2^7'33272 63^ ^77'37p67'(7/, 0% 2^6 ;767tS'2772
^7*27773 26^37773 2*A6 227T6227' M 3^677233733/627 3/6722/2733/ 2*/36 /23^/726^^ 2?/ 2^6 3/677333723/, 33723/
j/223722/ ^66227^2/2/ /37 /333T76 2/ /?^263/ 373 2f/26 7)6263372722/ yl 2/23222/22/ 262//2272 33 667723373
2*2 7726, 33723/ /t)' p723/ 272/67'66'Z /37 /Ad 3/33/6 2)/' /Ad 3/d67"66, 262/A 6376'/d, 272 /Ad 627672/ 37/
/Ad 3/677233723/ 2362722/ 3/d67'663/ 2*37 Ad/226/, 332'd A67"6/72/ ?'d.5'd'2227d7,* together with the
following clause of Section VIII. of that Regulation ; viz. " or he shall
contest the demand, and procure the attachment to be withdrawn in the
manner hereafter specified."
III. In future, distrainers are permitted to affix their signature only to
writings for the attachment of property, instead of both their seals and
signatures, as required by Section VIII. Regulation XVII. 1793.
IV. Section XXII. Regulation XVII. 1793, regarding the mode of
selling distrained property, is hereby rescinded, and the rule contained in
the following section is adopted in lieu of it. '
V. After the expiration of the fifth day and before the elapse of the eighth
day, calculating from the day following the day on which the attachment
of the property of a defaulter shall have taken place, or if the property
attached shall consist of crops or other ungathered products of the earth,
after the elapse of the fifth day and before the expiration of the eighth
* Superseded by Secs. xv. and xvi. Regulation V. 1812, in which Secs. ix. and x.
Regulation XVII.L 3, are re-enacted.
3 E 2
M?. awd jr.
o/ Regulation XVII.
1793, aMd part of Sec-
tion viii. rescinded.
Distrainers allowed
to atHx their signature
Section xxii. Regu-
lation XVII. 1793,
distrained property, re-
scinded.
Rules regarding the