DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0019
A.D. 1806.] REGULATION II. 9
court may deem it proper to seii in satisfaction of the judgment passed,
shall be given up for sale, the court, on receiving such surrender of pro-
perty, may cause it to he sold in the mode prescribed by the Regulations,
and may order the release of the person or persons in confinement, either
with or without hazirzaminy security for his or their appearance when
required. Provided, however, that nothing in this section, which is meant
to grant relief in cases of real inability and fair dealing only, shall entitle
any debtor or surety conhned under the judgment of a Civil Court, to be
released without full satisfaction of such judgment, if he shall be guiltyof
any fraudulent concealment of property, or shall have committed any mani-
fest fraud or misdemeanor, which may appear to the court to render him an
improper object of the relief intended for persons acting with good faith,
, and willing to surrender all the property in their possession for the benefit
of their creditors. Nor shall release from confinement, in any instance,
* under this section, prevent the creditor from bringing to sale (by applica-
tion to the court), in full payment of the sum adjudged due to him, any
property which may be subsequently possessed by the party released ; or
from causing such party to be again confined until the judgment be fully
satisfied, when it may appear by sufficient proof that he had fraudulently
concealed any property actually belonging to, and known to have been
possessed by him, either in his own name or that of others in his behalf,
at the time of his discharge. Provided further, that all proceedings held
and orders passed by the judges of the Zillah and City Courts, under the
discretion vested in them by this section, shall, on representation of the
parties affected thereby to the Pb'OvLnna/ q/App^V, be open to the
revision and determination of those courts ; and, in like manner, all orders
passed by the GoMrG under this section, shall be open to the
final decision of the Sudder Dewanny Adawlut.
See Reg. 11. XII. A question having arisen, whether the amount paid for the sub-
sistence of persons in confinement under judgments of the Civil Courts, as
prescribed by Section VIII. Regulation IV. 1793, and Section X. Regu-
lation III. 1803, is to be repaid by the party confined on his release, it is
, hereby explained, that such repayment is to be made, in common with the
reimbursement of other costs of suit and process, when any property may
be forthcoming from which the amount can be levied. But when no pro-
perty can be pointed out for the reimbursement of the subsistence money
paid to prisoners, they shall not be detained in confinement for the repay-
ment of such money only.
shall make a surrender
of his property, the
Nor shall the release
of the debtor under this
Provided further, that
all orders passed by the
Civil Courts shall, on
Explanation that the
amount paid for the
factionofthejudgments
oftkeCivilCourts,isto
be reimbursed in com-
mon with other costs
of suit, when there may
VOL. II.
C
court may deem it proper to seii in satisfaction of the judgment passed,
shall be given up for sale, the court, on receiving such surrender of pro-
perty, may cause it to he sold in the mode prescribed by the Regulations,
and may order the release of the person or persons in confinement, either
with or without hazirzaminy security for his or their appearance when
required. Provided, however, that nothing in this section, which is meant
to grant relief in cases of real inability and fair dealing only, shall entitle
any debtor or surety conhned under the judgment of a Civil Court, to be
released without full satisfaction of such judgment, if he shall be guiltyof
any fraudulent concealment of property, or shall have committed any mani-
fest fraud or misdemeanor, which may appear to the court to render him an
improper object of the relief intended for persons acting with good faith,
, and willing to surrender all the property in their possession for the benefit
of their creditors. Nor shall release from confinement, in any instance,
* under this section, prevent the creditor from bringing to sale (by applica-
tion to the court), in full payment of the sum adjudged due to him, any
property which may be subsequently possessed by the party released ; or
from causing such party to be again confined until the judgment be fully
satisfied, when it may appear by sufficient proof that he had fraudulently
concealed any property actually belonging to, and known to have been
possessed by him, either in his own name or that of others in his behalf,
at the time of his discharge. Provided further, that all proceedings held
and orders passed by the judges of the Zillah and City Courts, under the
discretion vested in them by this section, shall, on representation of the
parties affected thereby to the Pb'OvLnna/ q/App^V, be open to the
revision and determination of those courts ; and, in like manner, all orders
passed by the GoMrG under this section, shall be open to the
final decision of the Sudder Dewanny Adawlut.
See Reg. 11. XII. A question having arisen, whether the amount paid for the sub-
sistence of persons in confinement under judgments of the Civil Courts, as
prescribed by Section VIII. Regulation IV. 1793, and Section X. Regu-
lation III. 1803, is to be repaid by the party confined on his release, it is
, hereby explained, that such repayment is to be made, in common with the
reimbursement of other costs of suit and process, when any property may
be forthcoming from which the amount can be levied. But when no pro-
perty can be pointed out for the reimbursement of the subsistence money
paid to prisoners, they shall not be detained in confinement for the repay-
ment of such money only.
shall make a surrender
of his property, the
Nor shall the release
of the debtor under this
Provided further, that
all orders passed by the
Civil Courts shall, on
Explanation that the
amount paid for the
factionofthejudgments
oftkeCivilCourts,isto
be reimbursed in com-
mon with other costs
of suit, when there may
VOL. II.
C