DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0017
A.D. 1806.]
REGULATION II.
7
representative from the possession and management of the land, or other
property attached, until a decision be passed in the cause before the Zillah
or City Court; nor be understood to preclude any act of the defendant
or his representative relative to such property, which may be consistent
with the object of the attachment.
act of the defendant or his representative consistent with the object
TAzrA Upon the decision of the suit, the judg'e (o?* shall pass
such further order relative to the property attached, as may be just and
conformable with the'judgment given in the cause. If the decree be
against the defendant, all right and interest possessed by him in the pro-
perty attached (saving arrears of rent or revenue due from land, and any
other bona fide claims which may be entitled to satisfaction in preference
to the decree) shall be held answerable for the execution of the judgment,
in the mode prescribed by the Regulations. But if the plaintiff's claim be
dismissed, or be not in any considerable proportion established against the
defendant, all expense and loss to the defendant which may arise from the
attachment of his property in consequence of such claim, shall be reim-
bursed to him by the plaintiff as part of the costs of suit.
VI. Whenever any property may be attached by otder of a Zillah or
City Court, under the provisions contained in the foregoing section, the
trial of the cause shall be proceeded on and brought to a conclusion as
speedily as possible, without regard to the order of time with respect
to other depending causes in which it may have been instituted. The
attachment shall also be taken off on the delivery of sufficient malzaminy
security, at any time previous to the decision of the cause in the Zillah or
City Court.
of the cause, if sufficient malzaminy security
VII. The provisions contained in the two preceding sections shall be
held equally applicable to the AVopzTzczt^ Ubzz?-^ of yfppeaJ, %7?,G? Sudder
Dewanny Adawlut, in all cases wherein an attachment of property made
by a Zillah or City Court may be continued during the trial of an appeal
before a TVovmcza/ (7o%z?A or the Court of Sudder Dewanny Adawlut, or in
which those courts may judge it proper to order an attachment of property
in default of security being given, as required, either by the appellant or
respondent in any depending appeal.
VIII. When personal bail or security for money or other property
may be demandable from a party in any original civil suit or appeal, and
he shall tender a deposit of money or of promissory notes, or other obliga-
tions of Government, or any other sufficient money security, to the amount
required, such deposit shall be accepted instead of hazirzaminy or malza-
miny securities, and shall be carefully kept by the treasurer of the court,
to be restored or disposed of as the court may direct on the termination of
the cause, or whenever the purpose for which the deposit is made shall
have been accomplished.
of according to the direction of the court after the termination of the suit, or whenever the purpose of the deposit
IX. [Rules for native commissioners.]—J?^cz7z&tJ /%cAo72 /A.
VWAZ7. 1814.
not, without special
cause, remove the de-
session and manage-
ment of the lands at-
tached.
Nor preclude any
of the attachment.
How the judge or
reyZsVer is to proceed
with regard to the pro-
perty attached, after
the decision of the
suit.
Provision if the
plaintiff's claim be dis-
missed, or not in any
considerable portion
established against the
defendant.
Cases in which an
attachment of property
may have taken place,
to be tried and deter-
mined as speedily as
possible, without re-
gard to their number
on the hie of depend-
ing causes.
Attachment to be
taken off at any time
previous to the decision
be tendered.
Provisions of the
in appealed cases, or in
default of security.
Promissory notes or
other obligationsof Go-
be demandable from a
party in any civil suit
or appeal.
the court, and dispdsed
shall have been attained.
REGULATION II.
7
representative from the possession and management of the land, or other
property attached, until a decision be passed in the cause before the Zillah
or City Court; nor be understood to preclude any act of the defendant
or his representative relative to such property, which may be consistent
with the object of the attachment.
act of the defendant or his representative consistent with the object
TAzrA Upon the decision of the suit, the judg'e (o?* shall pass
such further order relative to the property attached, as may be just and
conformable with the'judgment given in the cause. If the decree be
against the defendant, all right and interest possessed by him in the pro-
perty attached (saving arrears of rent or revenue due from land, and any
other bona fide claims which may be entitled to satisfaction in preference
to the decree) shall be held answerable for the execution of the judgment,
in the mode prescribed by the Regulations. But if the plaintiff's claim be
dismissed, or be not in any considerable proportion established against the
defendant, all expense and loss to the defendant which may arise from the
attachment of his property in consequence of such claim, shall be reim-
bursed to him by the plaintiff as part of the costs of suit.
VI. Whenever any property may be attached by otder of a Zillah or
City Court, under the provisions contained in the foregoing section, the
trial of the cause shall be proceeded on and brought to a conclusion as
speedily as possible, without regard to the order of time with respect
to other depending causes in which it may have been instituted. The
attachment shall also be taken off on the delivery of sufficient malzaminy
security, at any time previous to the decision of the cause in the Zillah or
City Court.
of the cause, if sufficient malzaminy security
VII. The provisions contained in the two preceding sections shall be
held equally applicable to the AVopzTzczt^ Ubzz?-^ of yfppeaJ, %7?,G? Sudder
Dewanny Adawlut, in all cases wherein an attachment of property made
by a Zillah or City Court may be continued during the trial of an appeal
before a TVovmcza/ (7o%z?A or the Court of Sudder Dewanny Adawlut, or in
which those courts may judge it proper to order an attachment of property
in default of security being given, as required, either by the appellant or
respondent in any depending appeal.
VIII. When personal bail or security for money or other property
may be demandable from a party in any original civil suit or appeal, and
he shall tender a deposit of money or of promissory notes, or other obliga-
tions of Government, or any other sufficient money security, to the amount
required, such deposit shall be accepted instead of hazirzaminy or malza-
miny securities, and shall be carefully kept by the treasurer of the court,
to be restored or disposed of as the court may direct on the termination of
the cause, or whenever the purpose for which the deposit is made shall
have been accomplished.
of according to the direction of the court after the termination of the suit, or whenever the purpose of the deposit
IX. [Rules for native commissioners.]—J?^cz7z&tJ /%cAo72 /A.
VWAZ7. 1814.
not, without special
cause, remove the de-
session and manage-
ment of the lands at-
tached.
Nor preclude any
of the attachment.
How the judge or
reyZsVer is to proceed
with regard to the pro-
perty attached, after
the decision of the
suit.
Provision if the
plaintiff's claim be dis-
missed, or not in any
considerable portion
established against the
defendant.
Cases in which an
attachment of property
may have taken place,
to be tried and deter-
mined as speedily as
possible, without re-
gard to their number
on the hie of depend-
ing causes.
Attachment to be
taken off at any time
previous to the decision
be tendered.
Provisions of the
in appealed cases, or in
default of security.
Promissory notes or
other obligationsof Go-
be demandable from a
party in any civil suit
or appeal.
the court, and dispdsed
shall have been attained.