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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

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https://doi.org/10.11588/diglit.34368#0767
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A.D. 1825.]

REGULATION XIV.

757

and the several authorities specified in Regulation XLII. 1795, Regula-
tion XXXVI. 1803, and Regulations VIII. and XII. 1805 ; and with
respect to the territory ceded by Nana Govind Rao, save and except
Rajah Chuttersaul, and his predecessors, previously to the Mahratta con-
quest of that territory in the year 1802 of the Sumbut era (corresponding
with 1730 of the Christian era), and subsequently thereto his Highness the
Peshwa, who then obtained the supreme authority in the territory referred
to. If in any case grants shall be produced, purporting to have been made
or confirmed by any other person than as aforesaid, alleged to have been
vested with the supreme power for the time being, and it shall appear to
the court or other authority investigating the same that the plea is well
founded, the court, or other authority before whom the case may be
depending, shall, before passing any decision thereupon, refer the point to
the Governor-General in Council, and be guided by his determination.
XAy^A. To the validity of grants made or confirmed by the kings of
Delhi, or by any of the rulers aforesaid, it is and shall be held to be neces^-
sary;
1st. That they were made or confirmed within the period during which
the person granting or confirming the same possessed and exercised
supreme power within the territory in which the lands specified in the
grant are situate.
2nd. That the grantee actually and bona fide obtained possession of the
land granted within the said period.
3rd. That the grant was not subsequently resumed by the officers or
the orders of the Government for the time being, previously to the acqui-
sition of the country by the British Government, or if so resumed, that
the competence of the officer to resume shall have been expressly dis-
allowed by the Governor-General in Council.
/S'ev^PA. The following shall be held, for the purposes specified in this
Regulation, to be the periods at which the several provinces subordinate
to this presidency were acquired by the British Government, viz. fbr
Bengal, Behar, and Orissa (excepting Cuttack), the 12th August, 1765 ;
for Benares, the 1st July, 1775 ; for the provinces ceded by the Nawaub
Vizier, the 1st January, 1801 ; for the provinces ceded by Dowlut Rao
Scindia and the Peshwa, the 1st January, 1803 ; for the province of Cut-
tack, Puttaspore, and its dependencies, the 14th October, 1803 ; for the
pergunnah Khandah, and the other territory ceded by Nana Govind Rao,
the 1st November, 1817.
An/AfA. To the validity of grants not made or confirmed by the supreme
power (excepting tenures of long possession, described in the second
clause of this section), it shall be held to be necessary;
1st. That they were made or confirmed by some authority which the
Governor-General in Council shall have expressly declared competent to
make or confirm the same.
2nd. That the grantee actually and bona fide obtained possession of the
land granted, and that the revenue of the land was not subsequently
resumed by competent authority.
AzzzYA. Provided also, that in cases in which any lakhiraj tenure may
have been resumed previously to the acquisition of the country by the
British Government, the determination of the question, whether the officer
by whom or by whose order the resumption may have been made was

this clause, to have
been vested with su-

of the authorities above
specified.

several provinces sub-
ordinate to the presi-
dency of Fort William

Conditions necessary
to the validity of grants
not made or confirmed

tion of the country by
the British Govern-
 
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