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)

418

REGULATION XLV.

[A.D. 1795.

This Regulation not
tobe in force untiltbe
beginning of the Fus-
silyyearl204,and then
not to operate retro-
spectively.

Reg. XLV. 1295.

V. Nothing contained in this Regulation is to he construed to entitle
any person to a share of an estate which may be now held entire by any
individual, or that may devolve entire to any individual prior to the
beginning of the Fussily year 1204, in exclusion of the other heirs of the (issept.1796.)
last proprietor, under the custom in virtue of which such individual may
so hold or succeed to the whole of such estate, and for the future abolition
of which this Regulation is enacted; but such person or persons are to be
considered bound, in the cases specified in Clause Tenth, Section XXXV.
Regulation XXII. 1795, by what they had acquiesced in.
VI. [X227726 226 X6c%22772 FA. 7%6q22%22%22372 AY. 1793, 622%6%2%33%272q " Fussily
year 1204 " yb?' " 1st July, 1794."]

A.D. 1795. REGULATION XLV.*
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1. THE Regulations not defining the nature and extent of the coercion
which landholders and farmers of land might legally exercise over their
under-farmers, ryots, and dependent zemindars and putteedars, to enforce
payment of arrears of rent or revenue, many landholders and farmers,
availing themselves of the sanction of former usage, had recourse to the
most oppressive means for realizing arrears, and frequently employed the
same severities for the purposes of extortion ; whilst others, doubtful what
measures they were empowered to adopt to enforce payment from
defaulters, and apprehensive of subjecting themselves to prosecution for
oppression, refrained from all compulsion, and were often defrauded of
arrears to which they were justly entitled. These defects in the Regula-
tions tending to screen oppression and dishonesty on the one hand, and to
discourage moderation and good faith on the other, and it being as essen-
tial to the prosperity of the country and the punctual collection of the
public revenue, that landholders and farmers of land should have the means
of compelling payment from defaulters, without being obliged to have
recourse to the courts of justice, and incurring the delay and expense
necessarily attending a law-process for the recovery of every arrear, as that
under-farmers, ryots, and dependent zemindars and putteedars, should be
* See note to Regulation XVII. 1793.