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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

DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0746
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REGULATION VII.

[A.D. 1825.

Parts of the Regula-
tions in force relating
tisfaction of decrees of
courts, explained and
modified.

Sales of houses, gar-
dens, orchards, and
small portions of la-
khiraj land in execution
of decrees, to be con-
ducted under the autho-
rity of the judicial

The sale of landed
property under a judi-
cial process to be con-
ducted under the same
forms as sales of per-

The same officers to
he employed in the sale
of houses, &c. as in the
sale of landed property.

Regulation XXVI. 1803, " tor disposing of malguzarry and lakheraj
lands, pursuant to decrees of the Courts of Justice," have been found to
require explanation and amendment with respect to the sale of houses,
gardens, orchards, and small portions of land held exempt from the public
assessment; and whereas it appears expedient to establish some additional
rules for the sale of such property, when requisite, in satisfaction of decrees
or other judicial process, as well as for the sale of landed property in
execution of such process, when made by the revenue officers of Govern-
ment ; at the same time enabling the judges of the Civil Courts to obtain
the aid of the collectors in the enforcement of all decrees relative to the
proprietary right, or possession of land, when it may appear conducive to
their speedy or complete execution, as well as to require securitv, or direct
au attachment of property in certain cases, when the enforcement of a
decree may be delayed, under the eighth clause of Section XV. Regula-
tion XXVI. 1814 ; the Governor-General in Council has, for these pur-
poses, enacted the following rules, to be in force as soon as promulgated
throughout all the provinces immediately subject to the presidency of Fort
William.
II. AWsh Such parts [77/*7^7?7722 /72 / 2 072.$ WZU. 1793, AhV. 1795, 22722/
XhUFY. 1803, or]* of any other Regulation in force relative to the sale of
lands, in satisfaction of decrees of the Courts of Civil Judicature as
require that sales of landed property, in execution of such decrees, shall
be made by the collectors of the public revenue, or other officers of
Government in the revenue department, are hereby explained and modified
as follows.
X0C0722/. The rules contained in the Regulations 22^oro 772077/207202/ shall
not be considered applicable to the sale of houses, gardens, orchards, and
small portions of land held exempt from the public assessment; the sale
of which, when requisite in execution of any decree, or other judicial
process, shall be made, as heretofore, by order of the court or officer
empowered to enforce the decree or process, without application to the
Board of Revenue, or the collector of the district, or other officer in the
revenue department.
T/22'7'2/. The judge, rqgA/07', or other officer empowered under the Regu-
lations to enforce a decree or other judicial process by a sale of property,
is authorized to cause the public sale of any house, garden, orchard, or
small portion of lakheraj land, which maybe liable to be sold in execution
of the decree or other process, in like manner as he is authorized to cause
the public sale of any personal property liable to be sold in execution of
the same.
Ilf. AYrV. The judges 27722/ 7'02/L/or^ of the Zillah and City Courts, who
usually employ the nazirs of those courts, or the sudder ameeus at the
station of the judge 22227/ fOT/A/or, and the local moonsiffs in other parts of
their jurisdictions, to conduct the public sale of personal property in execu-
tion of decrees or other judicial process, are hereby authorized to employ the
same officers, when it may appear expedient, in the public sale of houses,
* The Regulations referred to are rescinded by Sec. i. Act IV. 1846 ; and it is provided by
Sec. ii. of the same Act, that all enactments the same be also repealed.
 
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