Clarke, Richard [Hrsg.]: 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 (2): Regulations from 1806 to 1834 (London, 1854)

A.D. 1811.]

REGULATION IX.

175

petent tp the collector to tender to the parties for execution arbitration
bonds in the form prescribed by Regulation XXI. 1803; and on the due
execution of the arbitration bonds by the parties, to refer the matter for
decision to the arbitrators; and all the provisions of the said Regulation
shall be applicable to awards given by arbitrators appointed under this
section. Provided, however, that if either party refuse to concur in sub-
mitting the matter to arbitration, the claimant shall be left to prosecute
his claim by regular suit in the Courts of Judicature.
XII. The arbitrators in all cases referred to them for amicable adjust-
ment under the foregoing section, and the Courts of Judicature in all suits
for putteedaree shares of an estate, shall make it a rule, on giving a
decision in favour of the claimant, to specify in the award or decree the
precise share to which the claimant may be entitled, whether it consist of
one or more distinct village or villages, or of a defined portion of the
general estate. The collector, on production of such award or decree,
shall proceed to the separate allotment of the jumma of the share thus
awarded or decreed under the provisions of Section II. or V. of this
Regulation, according as they may be respectively applicable to the case.
XIII. After the separate allotment of the jumma upon any one or more
share or shares of an estate, or upon all the shares of an estate, shall have
been made in conformity to the provisions of Sections II. V. VI. or VII.
of this Regulation, according as the provisions of either may be applicable
to the case, and shall have been confirmed by the Board of
under Section IX. the share or shares upon which a separate proportion
of the general jumma may have been so allotted shall not be held liable
for any default or arrear of revenue, except such as may accrue on the
separate proportion of jumma thus allotted upon such share or shares.
And in the event of its being necessary to have recourse to a sale of
lands for the recovery of any arrear of revenue due from such an estate,
the share or shares from which the arrear maybe due shall alone be liable
to be sold.
XIV. In consideration of the peculiar nature of the putteedaree tenures
to which this Regulation is meant to apply, it is hereby declared, that
whenever the Board of shall deem it expedient not to pro-
ceed to the absolute sale of such defaulting share, it shall be competent
to the said Board to authorize a conditional transfer of such share to the
proprietor of any other share of the same general estate, by way of mort-
gage or conditional sale, for the amount of the arrear, or of such portion
of it as may be equal to the value of the defaulter's share, or with a reser-
vation for a further payment to the owner, if the value of the share, in the
Board's judgment, exceed the amount of the arrears : and the defaulting
proprietor or proprietors of the share so transferred, and his or their legal
representative or representatives, shall be entitled to reclaim posses-
sion of such share or shares, on repayment of the consideration for which
it may have been so transferred, with legal interest, at any time within
hve years from the date of the transfer.

shall contain and how
to be carried into edect.

separate allotment shall
not be liable for any
arrears, except such as

ditional transfer of de-
faulting shares.

XV. If the person to whom such defaulting share shall have been so

Rules as to tenders