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)

A.D. 1801.]

REGULATION IX.

575

A.D. 1801. REGULATION IX. Reg.ix.isoi.
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1. SECTIONS XIX. XX. and XXI. of Regulation XXIX. 1793, contain
provisions for preventing interruption to the salt manufacture, by the
arrest and confinement of persons employed in it during the manufactur-
ing season, viz. from the beginning of the month of Kautick to the end of
the month of Assar, on account of arrears of rent or other claims of a civil
nature, as well as on account of criminal charges for bailable offences ;
except in particular cases, wherein the personal attendance of persons
employed in the salt manufacture may appear to the zillah judges or
magistrates to be indispensably necessary for the purposes of justice.
Similar provisions were made by Sections IX. X. and XII. of Regula-
tion XXXI. 1793, with respect to weavers and others employed in the
Company's investment, for the purpose of preventing undue interruption
to the commercial concerns of the Company. At the same time, full pro-
vision was made by the above Regulations, for enabling proprietors and
farmers of land to recover the rents due to them from their under-
tenants, emploved either in the salt manufacture or in any part of the Com-
pany's investment, by empowering them to distrain and sell, under certain
restrictions, the crops and personal property of their under-tenants in
arrear, or to sue for the recovery of the amount due to them in the Courts
of Dewanny Adawlut, or to state their claims to the salt agent or
commercial resident, who were authorized to satisfy the same, or to cause
the same to be satisfied by the under-tenant in arrear, provided the
latter should be at the time in the actual employ of the Company, so that
neither his labour on their account might be interrupted, nor any arrear
of rent withheld which might be justly due for the land tenanted by him.
It was not therefore intended, that molungees and others employed in the
manufacture of salt, or weavers and others employed in the provision of
the Company's investment, should be included in the rule enacted by
Section XV. Regulation VII. 1799, whereby proprietors and farmers of
land, to whom an arrear of rent may be due from their under-tenants which
cannot be realized by a distress of personal property, are authorized to
cause the arrest of the defaulter and his surety in the mode therein pre-
scribed, and their confinement after a summary inquiry before the judge of
the zillah Dewanny Adawlut. But from the general terms of this latter
rule a doubt has arisen, whether it was not meant to supersede the former
provisions in Regulations XXIX. and XXXI. 1793, respecting persons
employed in the manufacture of salt, or in the Company's investment, who,
as tenants of land, might become liable to the operation of Section XV.
Regulation VII. 1799. It has also been doubted, whether the rule con-