Clarke, Richard [Hrsg.]: 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)

504

REGULATION VII.

[A.D. 1799.

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to

The courts of justice
to discourage and pun-
ish unfounded com-
plaints against persons
attaching property or
officers employed in
collecting the rents, as
well as their being sum-
moned as witnesses
merely to create em-
barrassment and delay
in the collections.
Sec. x. of Reg. IX.
1793, and Sec. vi. of
Reg. IV. 1793, to be
strictly enforced in such
cases.

Compensation to be
adjudged also, with all
costs of suit, for any
loss or damage sustain-
ed by the wanton, unne-
cessary summons of
any officer engaged in
collecting the rents.

XII. It being a frequent practice with the under-tenants to lodge
unfounded complaints in the Foujdary Adawlut against persons attaching
their property, as well as against the whole of the officers employed in
collecting their rents, and likewise to cause their being summoned as
witnesses in causes with the merits and circumstances of which they are
totally unacquainted, for the sole purpose of creating embarrassment and
delay in the collection of the rents, the courts of justice are required at all
times to discourage and punish such culpable practices, as far as the
powers vested in them by the Regulations may admit. Section X. of
Regulation IX. 1793, is to be strictly enforced in all cases of litigious and
unfounded complaints, of the nature herein referred to, before the magis-
trate; and in instances of the zemindarry officers or others employed in
the collections being improperly summoned as witnesses in the civil
courts, the party who summoned them should be compelled, under Sec-
tion VI. Regulation IV. 1793, to make them such allowance for their
expenses as may be sufficient for their full indemnification. It is further
hereby declared, that if any person shall wantonly, and without good
cause, be the means of summoning to the courts of justice, civil or
criminal, the principal officer, or any officer engaged in collecting the
rents of any zemindar, talookdar, or other landholder or farmer of land,
and a loss of rent, or other evident damage, shall be sustained by the
landholder or farmer, in consequence of such wanton and unnecessary
summons, an action shall lie against the party who caused the summons ^
for such loss or damage, and on proof thereof m the Dewanny Adawlut, Reg. 11. 1821,
or before the native commissioners zzppo373^ ?Z73&7' 7?6q3zAzAzz73 ALA. 1793, xi'
if the case be cognizable by them, the party injured shall be entitled to I836,m.i839,
recover the amount with all costs of suit. Actvifi'843"'

strictest observance XIII. The Civil Courts are already directed by Section. XXXIV. of
ReJ. xviim793^!^ Regulation XVII. 1793, to hear and determine all suits instituted under
Sec. xxii. Reg. in. that Regulation previous to any others that may be depending; and by
Section XXII. of Regulation III. 1794, they are instructed to appropriate
one day in each week, or two or more days if necessary, for the trial of
suits regarding the rent of land and the public revenue assessed thereupon.
The strictest observance of these rules is required from the zillah and city
judges zz73zA z'zTz/M^y^, as well as from the Courts of Appeal when

Modified by
Secs. ii. and iii.
and see Sec.
viii. Reg. VIII.
1831.