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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 (3): Acts from 1834 to 1853 — London, 1854

DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0087
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A.D. 1839.]

ACT 1.

77

)

II. And it is hereby enacted, that it shall be lawful for any one such
justice to issue a warrant of distress for the recovery of arrears of assess-
ment accruing under the Act of Parliament 33rd Geo. III. c. 52, and
every such warrant shall have the same force as if it were under the hands
and seals of two such justices.
III. And it is hereby enacted and declared, that all such powers here-
tofore exercised, and warrants issued by one such justice of the peace, shall
be deemed legal and valid as if the same had been exercised or issued by
two such justices.

A.D. 1839. ACT 1.
PASSED <5?/ /A<? /Ad jPr&M&M/ o/ /Ad Co MM (7/ o/ 7M0?23 2M CoMMCzV,
OM /Ad 4/A FdArMGoy, 1839.
I. IT is hereby enacted, that from the 1st day of May next ensuing
after the passing of this Act, all Regulations and parts of Regulations of
the Bengal code, which give to any persons or class of persons authority,
by virtue of any ofhce held by them, to sell property distrained for the
recovery of arrears of rent, shall, so far as they give such authority, be
repealed.
II. And it is hereby enacted, that from the date aforesaid it shall be
lawful for the collector or othcer duly exercising the powers of a collector
in each district subject to the presidency of Fort William in Bengal, to
appoint, by a sunnud under his signature and seal, in the terms of the
schedule appended to this Act, and conformably to such instructions as he
may receive in that behalf, any person or persons to exercise the function
. of selling property distrained for the recovery of arrears of rent in each
pergunnah or subdivision of his district: and to authorize such persons
to remunerate themselves by deducting a per-centage, not in any case
exceeding ten per centum on the amount of the proceeds of the sale.
III. And it is hereby enacted, that all Regulations and parts of Regu-
lations of the Bengal code which give powers to, or prescribe rules for the
guidance of persons appointed to conduct the sale of property distrained
for the recovery of arrears of rent, or which assign any penalty or other
punishment for misfeasance in the discharge of such duty, shall be
applicable to all parties appointed for the sale of such property under this
Act.

SCHEDULE.
I, A. B., collector of Zillah
(or exercising the powers of a collector), in virtue of the powers vested in me by Act No. 1.
* of 1839, appoint you, C. D., commissioner for the sale of property distrained for the recovery

One justice may issue
distress warrant.

Acts heretofore done
by one justice declared
valid.

Repeal of all rules
authorizing persons to
sell distrained property



Rules relating to
former ofBcers applica-
ble to commissioners.
 
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