DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0567
A.D. 1799.]
REGULATION VII.
509
Regulation for bringing such causes to a determination with the least
possible delay.
In like manner, in all other instances, the courts of justice will
determine the rights of every description of landholder and tenant when
regularly brought before them, whether the same be ascertainable by
written engagements, or defined by the laws and Regulations, or depend
upon general or local usage which may be proved to have existed from
time immemorial; but it is hereby declared, that no part of the existing
Regulations was meant to deprive the zemindars and other landholders of
the power of summoning, and if necessary, compeliing the attendance of
their tenants for the adjustment of their rents, or for any other just pur-
pose, or of measuring any land within their respective estates which may
be liable to measurement, under the conditions upon which such land may
have been leased or held. For the just exercise of such rights and powers
the landholders are not required to make any previous application to the
courts of justice; and any person opposing them therein will, on proof in
the Dewanny Adawlut, be liable to full damages and all costs; besides
being subject, for any breach of the peace, to prosecution and punishment
in the criminal courts. But the landholders, their agents and represen-
tatives, will be held answerable for any abuse or unjust exercise of the
powers hereby deciared to be vested in them, and on proof thereof by the
party aggrieved in the Dewanny Adawlut, will be liable to full costs and
damages, besides a fine to Government if the case shall appear to deserve
it. The execution of specific engagements and delivery of receipts for
payments, in all instances, will tend most to the security of the landholders
and their tenants, in removing all doubt of the exact terms of agreement
between them, or of the amount paid and due ; and the provisions in
Regulation VIII. 1793, for this purpose, are to be pointed out to them by
the courts of justice as well as by the collectors, ou every proper occasion,
as their mutual safeguard against all undue demands on the one side and
evasions on the other, which the rules in that Regulation were expressly
enacted to prevent. As a further security to the zemindars in maintaining
their rights over the dependent talookdars continued under them, the
latter are hereby required to register in the sudder cutcherry of the zemin-
darry to which their talooks may be attached, all transfers of such talooks,
or portions of them, by sate, gift, or otherwise, as well as all successions
thereto and divisions among heirs in cases of inheritance: and whenever
any distribution of the jumma of a dependent talook may become necessary
on a division thereof, the written consent of the zemindar to whom such
rent may be payable is to be previously obtained, without which no distri-
bution of a talookdarry jumma will be valid, or exonerate the entire talook
from its responsibility to the zemindar. Moreover, the zemindars, who, by
Section XLVIII. of Regulation VIII. 1793, were directed to deliver to
the coliectors a record of the engagements entered into between them
and their dependent talookdars at the period of the decennial settlement,
specifying the names of the talookdars, their talooks, and the jumma of
each, are to detiver a similar record annually, or whenever it may be
required, including any alterations which have been registered in their
respective cutcherries under this Regulation.
Reg. VIII. 1793, including any alterations registered in their cutcherries under this
before them.
Explanation, that no
partoftheexistingRe-
their tenants for the ad-
justment of their rent,
or for any other just
purpose, or of measur-
ing any land liable to
measurement, under
Penalty for any op-
position to the land-
holders in the just ex-
ercise of these rights.
Also for any abuse
the above powers by
the landholders, their
agents, or representa-
tives.
Execution of specihc
m^Regf'viII. 179^
the best security both
to landholders and te-
their mutual safeguard
against exaction and
evasion.
and divisions.
Written consent of
the zemindar to be ob-
tained to any distribu-
tionof the jumma,pay-
pendent talook, with-
out which the entire ta-
look to remain respon-
cihedinSec.xlviii.of
Regulation.
REGULATION VII.
509
Regulation for bringing such causes to a determination with the least
possible delay.
In like manner, in all other instances, the courts of justice will
determine the rights of every description of landholder and tenant when
regularly brought before them, whether the same be ascertainable by
written engagements, or defined by the laws and Regulations, or depend
upon general or local usage which may be proved to have existed from
time immemorial; but it is hereby declared, that no part of the existing
Regulations was meant to deprive the zemindars and other landholders of
the power of summoning, and if necessary, compeliing the attendance of
their tenants for the adjustment of their rents, or for any other just pur-
pose, or of measuring any land within their respective estates which may
be liable to measurement, under the conditions upon which such land may
have been leased or held. For the just exercise of such rights and powers
the landholders are not required to make any previous application to the
courts of justice; and any person opposing them therein will, on proof in
the Dewanny Adawlut, be liable to full damages and all costs; besides
being subject, for any breach of the peace, to prosecution and punishment
in the criminal courts. But the landholders, their agents and represen-
tatives, will be held answerable for any abuse or unjust exercise of the
powers hereby deciared to be vested in them, and on proof thereof by the
party aggrieved in the Dewanny Adawlut, will be liable to full costs and
damages, besides a fine to Government if the case shall appear to deserve
it. The execution of specific engagements and delivery of receipts for
payments, in all instances, will tend most to the security of the landholders
and their tenants, in removing all doubt of the exact terms of agreement
between them, or of the amount paid and due ; and the provisions in
Regulation VIII. 1793, for this purpose, are to be pointed out to them by
the courts of justice as well as by the collectors, ou every proper occasion,
as their mutual safeguard against all undue demands on the one side and
evasions on the other, which the rules in that Regulation were expressly
enacted to prevent. As a further security to the zemindars in maintaining
their rights over the dependent talookdars continued under them, the
latter are hereby required to register in the sudder cutcherry of the zemin-
darry to which their talooks may be attached, all transfers of such talooks,
or portions of them, by sate, gift, or otherwise, as well as all successions
thereto and divisions among heirs in cases of inheritance: and whenever
any distribution of the jumma of a dependent talook may become necessary
on a division thereof, the written consent of the zemindar to whom such
rent may be payable is to be previously obtained, without which no distri-
bution of a talookdarry jumma will be valid, or exonerate the entire talook
from its responsibility to the zemindar. Moreover, the zemindars, who, by
Section XLVIII. of Regulation VIII. 1793, were directed to deliver to
the coliectors a record of the engagements entered into between them
and their dependent talookdars at the period of the decennial settlement,
specifying the names of the talookdars, their talooks, and the jumma of
each, are to detiver a similar record annually, or whenever it may be
required, including any alterations which have been registered in their
respective cutcherries under this Regulation.
Reg. VIII. 1793, including any alterations registered in their cutcherries under this
before them.
Explanation, that no
partoftheexistingRe-
their tenants for the ad-
justment of their rent,
or for any other just
purpose, or of measur-
ing any land liable to
measurement, under
Penalty for any op-
position to the land-
holders in the just ex-
ercise of these rights.
Also for any abuse
the above powers by
the landholders, their
agents, or representa-
tives.
Execution of specihc
m^Regf'viII. 179^
the best security both
to landholders and te-
their mutual safeguard
against exaction and
evasion.
and divisions.
Written consent of
the zemindar to be ob-
tained to any distribu-
tionof the jumma,pay-
pendent talook, with-
out which the entire ta-
look to remain respon-
cihedinSec.xlviii.of
Regulation.