Clarke, Richard [Editor]: 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)

590

REGULATION X.

[A.D. 1819.



Proprietor may sue
intbeCivilCourt,and
stay the order for con-


Damages to be
awarded in cases of
improper attachment
or seizure of salt;


LXXVIII. Salt adulterated in any of the modes above stated sbal! be
seized by all officers empowered by this Regulation to seize salt, who,
immediately on making any attachment or seizure, are required to report
the circumstance to the magistrate within whose jurisdiction the attach-
ment may have been made. The magistrate on receiving such report shall,
without delay, institute a summary inquiry into the circumstances of the
case, and if it shall appear to him that the salt has been adulterated as
aforesaid, and is in consequence liable to confiscation, he shall proceed to
confiscate it accordingly, and to levy the prescribed fine, commutable, if
not paid, to imprisonment in the Dewanny gaol for a period not exceeding
six months.
LXXIX, In cases of attachment of salt alleged to be adulterated
with kharee noon, or any other salt of the description therein specified,
the magistrate shall without loss of time ascertain the fact by reference
either to the civil surgeon of the station for examination, or to a com-
mittee of respectable merchants or dealers in salt, or in any other mode
that may appear most likely to elicit the truth.
LXXX. Provided always, that if the proprietor of such confiscated salt,
being dissatisfied with the order of confiscation, shall immediately give
responsible security for the amount of the penalty, and further, within
a period of one month, shall institute a regular suit in the Dewanny
Adawlut against the officer who may have seized the salt, for damages, in
such case the magistrate shall suspend the execution of his order, and stay
all further proceedings; but if, at the expiration of one month from the
date of the order of confiscation, no suit shall have been instituted by the
proprietor of the salt, the magistrate is without further delay to levy the
penalty from his security, and otherwise to carry the order of confiscation
into full effect.
LXXXI. In all cases where any proprietor of salt confiscated for being
adulterated with kharee noon, or any of the substances aforesaid, may be
unable to give the above security for the amount of the penalty, the
magistrate, upon his being satisfied of the inability of the party to give the
security, is hereby empowered to dispense with security, taking from the
party bail for his appearance only, to abide the issue of the suit; or in the
event of the suit not being instituted within the period prescribed by the
preceding section, to answer in his own person the amount of the penalty ;
and in the mean time the magistrate shall keep the salt under attachment.
LXXXII. In all cases in winch it may appear that an attachment or
seizure has been improperly made by an officer of Government, the pro-
prietor of the salt shall be entitled to recover full damages for all the loss
and expense to which lie may have been subjected in consequence, by a
regular suit in the Dewanny Adawlut.
LXXXIII. But should it appear to the court that there was no just
ground for objecting to the order of confiscation, and that the suit has
been instituted merely with a view to create delay, or for vexatious purposes,
it shall be at the option of the court to impose a fine of fifteen rupees per