DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0018
REGULATION II.
[A.D. 1806.
Explanation of a
doubt whether the civil
sufficient andliabie to
satisfy the judgment;
unless the party in
whose favour the judg-
ment is passed shail
consent to waive his
right of the immediate
enforcement of the
Provision when no
property to satisfy the
judgment maybe point-
ed out; and the party
sion is passed, or his
surety,maybe willingto
engage for thehquida-
tion of the amount due
by instaiments, under
sufficient malzaminy, or
courts to receive such
engagements declared.
Insuchcases,ifthe
person delivering the
engagement shall have
beenarrested,heistobe
in execution of the same
judgment, except on
failure tb perform his
TheZillahandCity
Civil Courts, _Pro-
viwciaJ and
the Sudder Dewanny
Adawlut, are empow-
ered to afford relief to
insolvent debtors and
their sureties, on receiv-
ing a statement om
containing a fair disclo-
sure of all property be-
longing to them.
Inquiry to be made
to ascertain the truth of
such statements, or the
validity of any objec-
tions to them.
If the statement
appear true and faith-
ful, and the person
in confinement has no
other means of paying
the amount due, and
X. * Doubts having been entertained whether any of the established
City Courts are competent to provide in their decrees for the payment by
instalments of money adjudged by them, or to make such provision, in
cases of indigence, at any period after passing their decrees, it is hereby
declared, that the Civil Courts in general are restricted from grant-
ing indulgence of time in the satisfaction of a final judgment, when
property from which such judgment can be satisfied (whether belonging
to the party against whom the judgment is given, or to his surety or sure-
ties for the performance of such, judgment) may he forthcoming; unless
the party in whose favour the decree is passed shall consent to waive his
right of immediate enforcement, under an engagement for gradual pay-
ment or otherwise ; or unless a short postponement of the sale of property
shall, under any particular circumstances, appear just and equitable. But *
when no property may pointed out from which the judgment can be
enforced, and the party against whom it is passed, or his surety if he have
given any, may be wiiling to engage (under sufficient malzaminy or hazir-
zaminy security, as one or the other may be tendered or required) for the
liquidation of the amount due by instalments within such period as the
court passing the final decree, or intrusted with the execution of it, shall
deem reasonable aiid proper, it shall be competent to the court by which
the final judgment is given, or to a Zillah or City Court enforcing the
decision of a native and to any superior court revising the
proceedings of an inferior court, to accept the engagement so offered, and
to cause execution of the decree in conformity therewith, so long as the
conditions of it shall be duly fulfilled. In such cases, if the person
delivering the accepted engagement shall have been taken into custody,
he shall be immediately discharged, and shall not be liable to further
arrest in execution of the judgment to which such engagement may refer,
except on failure to perform the terms of it; nor shail any interest be
chargeable in such instances beyond what may be provided for in the
engagement.
engagement. Nor shall any interest be chargeable in such instances beyond what the engagement provides for.
XI. For the relief of insolvent debtors and their sureties, who may be See Act xv.
in confinement for the satisfaction of the decrees of the Civil Courts, and ^ '
may have no means of discharging the amount demandable from them by
instalments or otherwise, the judges of the Zillah and City Courts,
q/' and the Court of Sudder Dewanny Adawlut,
are further empowered, on receiving from the person or persons confined,
in such cases, a statement upon containing a full and fair disclosure
of all property belonging to them, whether in land, money, or effects, or
of whatever description, and whether held in their own names or in the
names of any other person, or jointly with others, to cause inquiry to be
made for the purpose of ascertaining the truth of such statement, or the
validity of any objections thereto which may be offered by the party at
whose instance the prisoner or prisoners may be in confinement; and if
the result of such inquiry shall satisfy the court that the statement of
property so delivered is true and faithful, and that the persons confined
possess no other means of discharging the amount demandable from them,
ahd the property included in the statement, or such part thereof as the
* Decrees ard not executed by the courts except on application of the parties—see
Sec. xv. Reg. XXVI. 1814.
[A.D. 1806.
Explanation of a
doubt whether the civil
sufficient andliabie to
satisfy the judgment;
unless the party in
whose favour the judg-
ment is passed shail
consent to waive his
right of the immediate
enforcement of the
Provision when no
property to satisfy the
judgment maybe point-
ed out; and the party
sion is passed, or his
surety,maybe willingto
engage for thehquida-
tion of the amount due
by instaiments, under
sufficient malzaminy, or
courts to receive such
engagements declared.
Insuchcases,ifthe
person delivering the
engagement shall have
beenarrested,heistobe
in execution of the same
judgment, except on
failure tb perform his
TheZillahandCity
Civil Courts, _Pro-
viwciaJ and
the Sudder Dewanny
Adawlut, are empow-
ered to afford relief to
insolvent debtors and
their sureties, on receiv-
ing a statement om
containing a fair disclo-
sure of all property be-
longing to them.
Inquiry to be made
to ascertain the truth of
such statements, or the
validity of any objec-
tions to them.
If the statement
appear true and faith-
ful, and the person
in confinement has no
other means of paying
the amount due, and
X. * Doubts having been entertained whether any of the established
City Courts are competent to provide in their decrees for the payment by
instalments of money adjudged by them, or to make such provision, in
cases of indigence, at any period after passing their decrees, it is hereby
declared, that the Civil Courts in general are restricted from grant-
ing indulgence of time in the satisfaction of a final judgment, when
property from which such judgment can be satisfied (whether belonging
to the party against whom the judgment is given, or to his surety or sure-
ties for the performance of such, judgment) may he forthcoming; unless
the party in whose favour the decree is passed shall consent to waive his
right of immediate enforcement, under an engagement for gradual pay-
ment or otherwise ; or unless a short postponement of the sale of property
shall, under any particular circumstances, appear just and equitable. But *
when no property may pointed out from which the judgment can be
enforced, and the party against whom it is passed, or his surety if he have
given any, may be wiiling to engage (under sufficient malzaminy or hazir-
zaminy security, as one or the other may be tendered or required) for the
liquidation of the amount due by instalments within such period as the
court passing the final decree, or intrusted with the execution of it, shall
deem reasonable aiid proper, it shall be competent to the court by which
the final judgment is given, or to a Zillah or City Court enforcing the
decision of a native and to any superior court revising the
proceedings of an inferior court, to accept the engagement so offered, and
to cause execution of the decree in conformity therewith, so long as the
conditions of it shall be duly fulfilled. In such cases, if the person
delivering the accepted engagement shall have been taken into custody,
he shall be immediately discharged, and shall not be liable to further
arrest in execution of the judgment to which such engagement may refer,
except on failure to perform the terms of it; nor shail any interest be
chargeable in such instances beyond what may be provided for in the
engagement.
engagement. Nor shall any interest be chargeable in such instances beyond what the engagement provides for.
XI. For the relief of insolvent debtors and their sureties, who may be See Act xv.
in confinement for the satisfaction of the decrees of the Civil Courts, and ^ '
may have no means of discharging the amount demandable from them by
instalments or otherwise, the judges of the Zillah and City Courts,
q/' and the Court of Sudder Dewanny Adawlut,
are further empowered, on receiving from the person or persons confined,
in such cases, a statement upon containing a full and fair disclosure
of all property belonging to them, whether in land, money, or effects, or
of whatever description, and whether held in their own names or in the
names of any other person, or jointly with others, to cause inquiry to be
made for the purpose of ascertaining the truth of such statement, or the
validity of any objections thereto which may be offered by the party at
whose instance the prisoner or prisoners may be in confinement; and if
the result of such inquiry shall satisfy the court that the statement of
property so delivered is true and faithful, and that the persons confined
possess no other means of discharging the amount demandable from them,
ahd the property included in the statement, or such part thereof as the
* Decrees ard not executed by the courts except on application of the parties—see
Sec. xv. Reg. XXVI. 1814.