DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0521
A.D. 1818.]
REGULATION X.
511
See Cl. 2,
1822. ^
See Cl. 2,
Sec.ii. Reg. XI.
1822.
Actl. 1815.
payable. The motion shall be made in open court (if the court shall be
sitting), through the pleader of Government or other vakeel retained for
the purpose, for the confinement of the defaulter; but if the court shall
not be sitting, the motion shall be presented to the judge or out of
court. On receipt of the motion, the judge or ro^M^r shall immediately
order the defaulter to be confined in the jail of the Dewanny Adawlut,
and detained until he shall have discharged the arrears for which he may
have been taken into custody, and all subsequent arrears that may become
due during his confinement, or until the collector shall apply to the court
as above directed to have him released. In all cases in which defaulting
farmers or proprietors of land, or the sureties of either, shall be put in
confinement, it shall be optional with the collector, at his own discretion,
to attach their lands and make the collections according to subsisting
engagements, excepting such as are evidently collusive, to the end of the
current year, or, at the request of the parties, to allow the estate to remain
under the management of an agent appointed by them : provided, how-
ever, that in either case, if the neat collections prove insufficient to dis-
charge the arrears due, the estate shall be considered liable to sale by
public auction, under the existing rules.
Provided, also, that the collector may proceed to attach the
estate of the defaulting proprietor or farmer, or the surety of either, with-
out arresting his or their persons, in conformity with the rules established
for that process by Regulation VII. of 1799, in any month of the
year.
jTAM'tA* Provided, further, that if the collector shall be of opinion that,
instead of confining the person of the defaulter or the surety, and attaching
his estate or farm, the arrear due from him will be more speedily dis-
charged by distraining and selling any personal property belonging to the
defaulter or his surety; or if in any case, notwithstanding the confinement
of a defaulting proprietor or farmer or surety, and the attachment of his
estate or farm for an arrear of revenue, such arrear be not discharged, and
the defaulter or his surety shall possess any personal property from which
the same can be made good, the collector may cause the personal property
of the defaulter or his surety to be distrained and sold, as far as shall be
necessary for the recovery of the arrear due, in the mode and under the
restrictions prescribed by the Regulations with regard to the distress and
sale of personal property of under-tenants, for the recovery of arrears of
rent due from them to proprietors and farmers.
Provided, likewise, that whenever any portion of an instalment
of revenue, payable in any month, remains undischarged on the first of the
following month, the collector may forthwith, or at any subsequent period
(such arrear still remaining undischarged), with or without serving on the
defaulter, whether a proprietor or farmer, a written demand, advertise
lands the property of the defaulter or his surety for public sale, reporting
the same with all convenient expedition to the Board of Revenue, or other
authority exercising the powers of that Board ; but the collector shall in
no case proceed to the actual sale of the landed property of a defaulting
proprietor or farmer, or the surety of either, without the express sanction
of the Board, or other authority aforesaid, previously obtained ; and it shall
be the duty of the revenue authorities to avoid having recourse to the
* Adapted from Sec. xxii. Reg. V. 1800, and Sec. iv. Reg. 1. 1801.
In cases in which
defaulters may be so
confined, the collector
Collector may also
attach the estate of' a
defaulting proprietor or
farmer, or the surety of
either, without arrest-
ing his or their per-
sons.
Collector may dis-
train and sell any per-
sonal property belong-
ing to the defaulter or
his surety for t)te re-
covery of the revenue.
tise detacher's lands
for sale, giving notice
thereof to the Board
of Revenue, or other
executive authority;
but not to proceed to
the actual sale of such
tion of the Board or
authority.
REGULATION X.
511
See Cl. 2,
1822. ^
See Cl. 2,
Sec.ii. Reg. XI.
1822.
Actl. 1815.
payable. The motion shall be made in open court (if the court shall be
sitting), through the pleader of Government or other vakeel retained for
the purpose, for the confinement of the defaulter; but if the court shall
not be sitting, the motion shall be presented to the judge or out of
court. On receipt of the motion, the judge or ro^M^r shall immediately
order the defaulter to be confined in the jail of the Dewanny Adawlut,
and detained until he shall have discharged the arrears for which he may
have been taken into custody, and all subsequent arrears that may become
due during his confinement, or until the collector shall apply to the court
as above directed to have him released. In all cases in which defaulting
farmers or proprietors of land, or the sureties of either, shall be put in
confinement, it shall be optional with the collector, at his own discretion,
to attach their lands and make the collections according to subsisting
engagements, excepting such as are evidently collusive, to the end of the
current year, or, at the request of the parties, to allow the estate to remain
under the management of an agent appointed by them : provided, how-
ever, that in either case, if the neat collections prove insufficient to dis-
charge the arrears due, the estate shall be considered liable to sale by
public auction, under the existing rules.
Provided, also, that the collector may proceed to attach the
estate of the defaulting proprietor or farmer, or the surety of either, with-
out arresting his or their persons, in conformity with the rules established
for that process by Regulation VII. of 1799, in any month of the
year.
jTAM'tA* Provided, further, that if the collector shall be of opinion that,
instead of confining the person of the defaulter or the surety, and attaching
his estate or farm, the arrear due from him will be more speedily dis-
charged by distraining and selling any personal property belonging to the
defaulter or his surety; or if in any case, notwithstanding the confinement
of a defaulting proprietor or farmer or surety, and the attachment of his
estate or farm for an arrear of revenue, such arrear be not discharged, and
the defaulter or his surety shall possess any personal property from which
the same can be made good, the collector may cause the personal property
of the defaulter or his surety to be distrained and sold, as far as shall be
necessary for the recovery of the arrear due, in the mode and under the
restrictions prescribed by the Regulations with regard to the distress and
sale of personal property of under-tenants, for the recovery of arrears of
rent due from them to proprietors and farmers.
Provided, likewise, that whenever any portion of an instalment
of revenue, payable in any month, remains undischarged on the first of the
following month, the collector may forthwith, or at any subsequent period
(such arrear still remaining undischarged), with or without serving on the
defaulter, whether a proprietor or farmer, a written demand, advertise
lands the property of the defaulter or his surety for public sale, reporting
the same with all convenient expedition to the Board of Revenue, or other
authority exercising the powers of that Board ; but the collector shall in
no case proceed to the actual sale of the landed property of a defaulting
proprietor or farmer, or the surety of either, without the express sanction
of the Board, or other authority aforesaid, previously obtained ; and it shall
be the duty of the revenue authorities to avoid having recourse to the
* Adapted from Sec. xxii. Reg. V. 1800, and Sec. iv. Reg. 1. 1801.
In cases in which
defaulters may be so
confined, the collector
Collector may also
attach the estate of' a
defaulting proprietor or
farmer, or the surety of
either, without arrest-
ing his or their per-
sons.
Collector may dis-
train and sell any per-
sonal property belong-
ing to the defaulter or
his surety for t)te re-
covery of the revenue.
tise detacher's lands
for sale, giving notice
thereof to the Board
of Revenue, or other
executive authority;
but not to proceed to
the actual sale of such
tion of the Board or
authority.