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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REGULATION VIII.

[A.D. 1831.

nizable under this Re-
gulation.

In cases of appeal,
the records of all cases
to all.
Proviso.

In furnishing periodi-
cal reports and other
duties under this Re-
gulation, collectors to
be guided by the in-
structions of the reve-

Rules of Sec. xxxi.
Reg. VII. 1822, de-
clared applicable to de-
cisions of collectors un-
der this Regulation.
The rules for the
execution of awards
prescribed in Cl. 3,
Sec. xxiii. Reg. VII.
1822, declared appli-
cable toawards of col-
lectors under this Re-
gulation.
Assistants tocollec-
tors not competent to
decide suits under this
Regulation, unless spe-

liis control, in a matter regarding winch a snit had been previously insti-
tuted before the collector, the judge shall direct such suit to be trans-
ferred to the collector, who in such case is authorized and required to
decide both suits.
XV. In like manner, if it be brought to the notice of the collector
that a suit is pending before him in a matter regarding which a regular
suit has been previously filed in the Judge's Court, he shall suspend bis
proceedings, and forward the record of the case to the judge, who will
make over both cases to some tribunal subject to his authority, or dispose
of the cases himself.
XVI. It shall further be the duty of the judge and of all the judicial
authorities subject to his control, in all practicable cases, to refer suits con-
cerning the same cause of action, and regarding any matter cognizable
under this Regulation, to be decided by one and the same tribunal, and
the subordinate judicial authorities are required to suspend their proceed-
ings, and to submit them to the judge, whenever they may have reason to
know that another cause concerning the same matter, relating to arrears
or exactions of rent, is pending before another court, or as a summary suit
before the collector.
XVII. Provided, moreover, that in all cases of appeal, the records of
cases which can be ascertained to have been decided concerning the same
cause of action, and regarding any matter cognizable under this Regula-
tion, shall be produced and read, and that the decision in appeal shall be
considered to be equally applicable to all such suits, though not appealed.
Provided, however, that in all such cases due notice shall be given to the
parties concerned to attend, either in person or by vakeel, to prosecute or
defend their several interests.
XVIII. In furnishing periodical reports of suits decided and depend-
ing, which may have been instituted under this Regulation, and generally
in the performance of other duties connected with its provisions, the
several collectors shall be guided by the instructions which they may
receive from the revenue commissioners or the Sudder Boards of
Revenue.
XIX. The rules contained in Section XXXI. Regulation VII. 1822,
are hereby applicable to the decisions passed by collectors under the pro-
visions of this Regulation.
j
XX. Such part of Clause Third, Section XXIII. Regulation VII.
1822, as relates to the execution of awards in cases where a specific sum
of money shall be adjudged to be due, or any cost or damage be awarded,
is declared equally applicable to the awards which may be made by
collectors under this Regulation.
XXI. In modification of Clause Third, Section VIII. Regulation IV.
1821, it is hereby declared, that assistants to collectors are not competent
to exercise the powers vested in collectors by this Regulation, unless

Modified by
VII. 1832, and
XXV? *183 7