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)

654

REGULATION VII.

[A.D. 1822.


be furnished by col-
lectors toBoards.

Collectors authorized
to refer certain cases to

Force of awards
passed on such refer-
ence.


XXXI. T^27^k Whenever a regular suit may be instituted in a Civil
Court, with a view to set aside or alter a summary judgment passed
by a collector, the proceedings held on the summary inquiry shall be
called for by precept from the court, and hied on the record of the
case.
Provided also, that [720 %<? ^027722^%^ <^/, w
7'6/c7'6!^6 2*0, 60??/ TYT/L'A?', 22227726^72, 07' 7720072.^'; 07?J] all ?'6t/2.S'A7'.S',
sudder aumeens, and moonsiffs shall, in cases tried by them, be held and
bound by the decisions passed, and records prepared, by collectors or other
revenue othcers under the provisions of this Regulation, unless the same
shall have been rescinded or altered by the Board, or by the Zillah, or
other similar or superior court, on a regular suit.
XXXII. The collectors shall transmit to the Boards such periodical
reports of the causes decided by, or depending before them, as the Boards
may direct, and the Boards will also furnish to Government such abstracts
of those reports, and such reports in the cases received and determined
by them in appeal, as the Governor-General in Council shall from time to
time require.
XXXIII. It shall be competent to collectors, or other othcers
exercising the powers of collectors, to refer to arbitration any disputes
cognizable by them under the provisions of this Regulation, as well as any
questions or disputes of any kind respecting land or the tenures therein, or
the rights dependent thereon, that may come before them, provided the
parties consent to that mode of adjustment, and on award being made, to
cause the same to be executed. In referring cases to arbitration under
the above provision, and in their general proceedings relative to such suits,
the collector shall be guided by the rules contained in Regulation XVI.
1793, and the other corresponding enactments, and in Regulation VI.
1813, in so far as the same may be applicable, and shall be competent to
vest in the arbitrators the same powers and authority in regard to the
summoning and examination of witnesses, and the administration of oaM.y,
and to enforce the orders passed by the arbitrators under such powers, in
the same ^manner as the Courts of Judicature are empowered to do ; and
all awards made on such references shall, when confirmed by the collector,
have the same force and validity as a regular decree of the Adawlut, and
shall not be liable to be reversed or altered, unlesss the award shall be
open to impeachment on the ground of corruption, or gross partiality, or
shall extend beyond the authority given by the submission of the
parties ; and such ground of impeachment shall be established in a regular
suit in the Zillah, City, or other superior Court wherein the case may be
cognizable.
NdC0727. In referring any dispute to arbitration, the collector shall be
careful to specify in his proceedings, and in the deed of arbitration to be
executed by the parties, the precise matter submitted to the arbitrators;
and if the award first made by the arbitrators shall not include all the
points submitted to them, or shall be otherwise incomplete, it shall be
competent to the collector again to refer the matter to them, with direc-
tions to perfect their award.
ZYs27v/. The pergunnah canoongoes and tehseeldars may be appointed

Rescinded by
Sec. ii. Act
XXV. 1837.

For additional
rules respecting
Reg. IX. 1833i

Canoongoes and tell-