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)

608

REGULATION V.

[A.D. 1803.

and be proved guilty of
the charge.

perform the conditions
of his lease.

How such tines are
to be levied.


Farmers, whoseleases
may be cancelled, how
to recover balances.

jP/'OMwcr'aJ CoMrZ not
to furnish translates of
papers in the country
awlut.
Exception.

Appeal to AM Ma-
jesty in Council.

charge, and hearing the evidence which he may have to produce in his
defence, it shall be proved to the satisfaction of the court that he is guilty
of the charge, the court shall decree the lease cancelled from the expira-
tion of the revenue year in which the decree shall he passed. The
Sudder Dewanny Adawlut shall immediately forward a copy of the decree
and proceedings to the Governor-General in Council. It shall be at the
option of the Governor-General in Council, on the receipt of a decree
adjudging the lease of a farmer annulled under this section, either to
order the decree to be executed, or to commute the forfeiture of the lease
for such tine as, upon a consideration of the situation and circumstances
in life of the defaulter, he shall think adequate to the offence for which
the decree shall have been passed : or if the offender shall not be desirous
of being continued in his farm, to tine him as above prescribed, and
compel him to retain the farm during the remainder of the lease, and to
hold him and his surety responsible for the discharge of their engagements
until the term of them shall expire. If a tine shall be imposed upon the
offender, the court, upon receiving notice of the tine, shall levy the amount
of it by the same process as is prescribed for enforcing decrees of the
court. If the lease of the offender shall be annulled, and a balance shall
be due from him to Government at the close of the year in which the
lease shall be cancelled, both he and his surety shall be held responsible
for the payment of the amount; and the collector of the revenue of the
zillah is empowered to proceed against them for the recovery of it, agree-
ably to the rules in that respect established. The offender is permitted to
prosecute in the Adawlut of the zillah in which the farm shall be situated,
the dependent talookdars, under-farmers, and ryots in the lands included
in the farm, for any arrears of rent or revenue which shall be due from
them to him, on account of the period during which his lease remained
in force.

XXVII. XXVIII. ^ AkV DAA. AkUDAAA AZqyzAa-
DA 1793.]

XXIX. The Ab'OTAmDA shall not prepare for the Sudder Dewanny
Adawlut translations of any papers written in the country languages
which it may transmit to that court, whether relating to causes appealed
or other matters; unless where particularly so directed to furnish the
same, by precept, from the Sudder Dewanny Adawlut.

XXX. [Akwe AkcDcw AkVAkA AAqz/kA'ozz DA 1793.]

XXXI. An appeal shall lie Rom the decision of the Sudder Dewanny
Adawlut to the XAzz/k Most Excellent Majesty and his Most Honourable
Privy Council, in all civil suits, the value of which shall be /Rd AAMvayzA "Rs.10,000,"
pOZOzA 6!?zA ZZpZCZZrAs'.

XVI. 1797.

XXXII. AAV and AkcozzA. [Ahwzt? ^ AkcDnzz.s' A/. czzz/ AAA. AkqzAc-
Anz AT DA. 1797.]

XXXIII. to XXXVI. [AkzTze ^ AkVmzz^AD. A DAA. A^DwzAfDA
1797.]