Clarke, Richard [Editor]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 (London, 1854)

396

REGULATION XXXV.

[A.D. 1795.


and the hour of the day
when the sate is to be
made;
to appoint appraisers
to value the property ;


to put up the property
tosaleinone,ortwo,
or more lots;
to dispose of the pro-
perty to the highest
bidder;
to sell further property
for any deficiency ;

Penalty for distrain-
ers disposing of dis-

day, commencing* from the day following the day on which such crops or
products may have been stored as directed in Section XIII. Regula-
tion XVII. 1793, the distrainer shall apply to the 2x2222^2/ q/* ^A<2jP67y22727222A*
to have the same appraised and sold. Upon the receipt of such applica-
tion, the 212222^2/ * shall proceed as follows. He shall hx up on the outer
door of his own house, and at the place at which he may determine to
dispose of the property, a list of the property attached, with a notice
which shali specify, Firstly, the place at which the property is to be sold,
which shall be on the spot where it may be lodged by the distrainer, or at
the nearest gunge, bazar or haut, or any place of public resort where the
C222222/may be of opinion it is likely to sell to the best advantage ; Secondly,
the day on which it is to be sold, [227AAA A<? ^Ag 2A222/, C0772-
772 672C272q /7*0772 Ad 2^222/ ybAk<22'272j/ Ad 2^222/ 072 ZdAzcA Ad 22^22dA772d72^ 772222/ AAd
pAdd, 2272<Usv Ad p7*Opd7*(2/ A22A C072.S'2.S'^ q/ C7*27p6 07* 02*A07* 2272q22Ad7*d2^ ^'7*0^00^
o/* Ad d227'A, 272 20A20A d226d Ad 622A ^Ao/^ Ao 7720& 072 Ad y2/if0072^A 2^222/ C22A22-
yi'0772 Ad &Z2/ _/b^02027?_q Ad &22/ 072 2oA?'cA ,S'22dA C7'0p.S' 07* j07*272A22dA 77202/ Ad
6A7*dtA, 06- A7*oc^oy 272 Xoc^2072 JSTTAZ. T?qo22/oA2072 XU77. 1793 ;] and Thirdly,
the time of the day when the sale is to be made, which shall be during the
hours of business when the greatest number of people may be supposed to
assemble. The 2x2222^* shall nominate two creditable persons, competent
by their profession, trade, or occupation, to appraise the property. The
persons so appointed shali appraise the property according to the current
price which the several articles may then bear in the country, and shall
deliver the particulars of the appraisement in writing, and attest the same
with their signatures, and shall certify in waiting, at the foot of the paper,
that they have appraised the property according to the best of their
knowledge and judgment. The 022222^/* shall ahix his seal to the paper of
appraisement, and cause it to be stuck up on the outer door of his own
house, and at the place where the property is to be sold. The property
shall be brought to the place of sale on the morning of the day of sale, in
order that it may be examined by the persons intending to bid, unless it
shall consist of grain or other products of the earth, the removal of which
would be attended with considerable expense, in winch case samples only,
indiscriminately taken from each article, shall be brought to the place of
sale, and exposed for the purpose above mentioned. The property shall
be put up to sale in one lot, or in two or more lots, as the 022222^* may think
advisable. The property shall be disposed of for the highest price that may
be offered for it. If the property shall sell for more than the amount of the
arrear, the overplus, after deducting the charges attending the attachment
and sale of it, shall be returned to the defaulter. If the proceeds of the
sale shall be insufficient for the discharge of the arrear, and the expenses
attending the attachment and sale, the distrainer shall be at liberty to
attach other property belonging to the defaulter, and to cause it to be
sold to make good the deficiency. The 022222^2/* is, in every case, to examine
the distrainer's statement of the expenses consequent to the attachment
and sale of the property, and to reject any part of it that may appear to
him unreasonable. If any person vested with the power of distraint shall
sell or dispose of property which he may have attached for arrears of rent
* It is enacted by Act 1. 1839, that no person shall have authority by virtue of any othce
to sell property distrained for arrears of rent, and that it shall be lawful for collectors to
appoint commissioners for the sale of distrained property.

Rescinded by
Sec. iv. Reg.
VII. 1799.

SeeSec.xviii.
Reg. V.1812.

Reg.V.1812.