DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0359
A.D. 1816.]
REGULATION XIII.
349
such fine, not exceeding 500 rupees, as the magistrate may think proper
to impose. The opium shall he fairly weighed in the presence of both
parties by the beam being properly suspended to a triangle, or wooden
stand or fixture, and every other mode of weighing will be considered
as illegal.
XIV. In the event of the cultivator tailing to deliver the full quantity
of opium agreed for by him in the manner specified in Section XI.,
if the agent shall suspect or believe the cause of failure to be in the wilful
neglect of the ryot, he shall complain to the zillah or city judge within
whose jurisdiction the land of the ryot may be situated ; and if it shall be
proved, to the satisfaction of the judge, that the failure has been owing
to neglect, he is to award that the ryot shall restore the proportional
advance, with interest at the rate of twelve per cent, per annum. The
ryot, so failing to fulfil his contract, shall likewise be liable, at the
discretion of the judge, to a further penalty, not exceeding the amount
of interest to the payment of which he will be liable under the above
provision.
XV. In cases in which the ryots shall deliver the opium in too liquid a
state, or not inspissated to what is deemed, by experienced persons, the
proper state of consistence, the agents or their officers are to appoint
two or more credible opium ryots or cultivators to decide, on their dherm
or conscience, what surplus quantity or keirdah shall be taken as an equi-
valent for the overweight arising from such want of consistence, and the
parties shall abide by their award, unless it shall be proved, to the satis-
faction of the zillah or city judge within whose jurisdiction the opium shall
be delivered to the officer of Government, that the arbitrators have been
guilty of partiality.
XVI. Where the crude material shall be delivered in by the ryot or
cultivator in an adulterated state, as by the mixture of foreign ingredients,
the agents or their officers may immediately seize on, and declare the
same confiscated, sealing it up at the same time in the presence of the
ryot, and under his signature or mark, and in the presence of two or more
creditable witnesses, depositing it also in a secure and separate place, and
leaving the ryot to have recourse against them to the Zillah or City Court;
for which purpose they are to keep the said opium thus sealed up for one
month, and if in that time the ryot shall not lodge his complaint, it shall
not afterwards be heard, and the agents shall then open the said opium
and report the particulars of the case to the Board of for their
orders. ^Provided further, that in such cases the said opium ryot or culti-
vator shall, on failure to furnish the full quantity of opium agreed for by
him, exclusive of the adulterated opium, be prosecuted in the Dewanny
Adawlut of the city or ziliah, and shall be liable to the penalty prescribed
in Section XIV. in the case of failure by wilful neglect, viz. to refund the
proportional advance, with interest, and an eventual fine.
XVII. If any zemindar or other proprietor of land, or any farmer of
land, or their representatives, should exact more from the ryots on account
of their poppy lands than the established rates, the agent or the ryot from
How the opium is to
be weighed.
deliver the full quantity
of opium agreed for.
Agents or their-re-
presentatives how to
the opium is delivered
in too liquid a state.
Agents how to pro-
ceed where cultivators
deliver in adulterated
opium.
Proprietors and far-
mers of lands how to
be proceeded against in
case they attempt to
REGULATION XIII.
349
such fine, not exceeding 500 rupees, as the magistrate may think proper
to impose. The opium shall he fairly weighed in the presence of both
parties by the beam being properly suspended to a triangle, or wooden
stand or fixture, and every other mode of weighing will be considered
as illegal.
XIV. In the event of the cultivator tailing to deliver the full quantity
of opium agreed for by him in the manner specified in Section XI.,
if the agent shall suspect or believe the cause of failure to be in the wilful
neglect of the ryot, he shall complain to the zillah or city judge within
whose jurisdiction the land of the ryot may be situated ; and if it shall be
proved, to the satisfaction of the judge, that the failure has been owing
to neglect, he is to award that the ryot shall restore the proportional
advance, with interest at the rate of twelve per cent, per annum. The
ryot, so failing to fulfil his contract, shall likewise be liable, at the
discretion of the judge, to a further penalty, not exceeding the amount
of interest to the payment of which he will be liable under the above
provision.
XV. In cases in which the ryots shall deliver the opium in too liquid a
state, or not inspissated to what is deemed, by experienced persons, the
proper state of consistence, the agents or their officers are to appoint
two or more credible opium ryots or cultivators to decide, on their dherm
or conscience, what surplus quantity or keirdah shall be taken as an equi-
valent for the overweight arising from such want of consistence, and the
parties shall abide by their award, unless it shall be proved, to the satis-
faction of the zillah or city judge within whose jurisdiction the opium shall
be delivered to the officer of Government, that the arbitrators have been
guilty of partiality.
XVI. Where the crude material shall be delivered in by the ryot or
cultivator in an adulterated state, as by the mixture of foreign ingredients,
the agents or their officers may immediately seize on, and declare the
same confiscated, sealing it up at the same time in the presence of the
ryot, and under his signature or mark, and in the presence of two or more
creditable witnesses, depositing it also in a secure and separate place, and
leaving the ryot to have recourse against them to the Zillah or City Court;
for which purpose they are to keep the said opium thus sealed up for one
month, and if in that time the ryot shall not lodge his complaint, it shall
not afterwards be heard, and the agents shall then open the said opium
and report the particulars of the case to the Board of for their
orders. ^Provided further, that in such cases the said opium ryot or culti-
vator shall, on failure to furnish the full quantity of opium agreed for by
him, exclusive of the adulterated opium, be prosecuted in the Dewanny
Adawlut of the city or ziliah, and shall be liable to the penalty prescribed
in Section XIV. in the case of failure by wilful neglect, viz. to refund the
proportional advance, with interest, and an eventual fine.
XVII. If any zemindar or other proprietor of land, or any farmer of
land, or their representatives, should exact more from the ryots on account
of their poppy lands than the established rates, the agent or the ryot from
How the opium is to
be weighed.
deliver the full quantity
of opium agreed for.
Agents or their-re-
presentatives how to
the opium is delivered
in too liquid a state.
Agents how to pro-
ceed where cultivators
deliver in adulterated
opium.
Proprietors and far-
mers of lands how to
be proceeded against in
case they attempt to