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

182

ACT XIX.

[A.D, 1841.




Judge may appoint a
curator.





III. And it is hereby enacted, that the judge to whom such application
shall be made shall, in the first place, inquire by the solemn declaration of
the complainant,and by witnesses and documents, at his discretion, whether
there be strong reasons for believing that the party in possession, or taking
forcible means for seizing possession, has no lawful title, and that the
applicant, or the person on whose behalf he applies, is really entitled and
is likely to be materially prejudiced if left to the ordinary remedy of a
regular suit, and that the application is made bona hde.
IV. And it is hereby enacted, that in case the judge shall be satisfied
of the existence of such strong ground of belief, but not otherwise, he shall
cite the party complained of, and give notice of vacant or disturbed pos-
session by publication, and after the expiration of a reasonable time shall
determine summarily the right to possession (subject to regular suit as
hereinafter mentioned) and shall deliver possession accordingly: provided
always, that the judge shall have the power to appoint an officer who shall
take an inventory of effects, and seal or otherwise secure the same,
upon being applied to for the purpose, without delay, whether he shall
have concluded the inquiry necessary for citing the party complained of
or not.
V. And it is hereby enacted, that in case it shall further appear, upon
such application and examination as aforesaid, that danger is to be appre-
hended of the misappropriation or waste of the property before the sum-
mary suit can be determined, and that the delay in obtaining security from
the party in possession, or the insufficiency thereof is likely to expose the
party out of possession to considerable risk, provided he be the lawful
owner ; it shall be lawful for the judge to appoint one or more curators,
with the powers hereinafter next mentioned, whose authority shall con-
tinue according to the terms of his or their respective appointments, and
in no case beyond the determination of the summary suit and the confir-
mation or delivery of possession in consequence thereof. Provided always,
that, in the case of land, the judge may delegate to the collector or to his
officer the powers of a curator, and also that every appointment of a
curator in respect of any property be duly published.
VI. And it is hereby enacted, that the judge shall have power to autho-
rize such curator either to take possession of the property generally, or
until security be given by the party in possession, or until inventories of
the property shall have been made, or for any other purpose necessary for
securing the property from misappropriation or waste by the party in pos-
session. Provided always, that it shall be entirely discretionary with the
judge, whether he shall allow the party in possession to continue in such
possession on giving security, or not; and any continuance in possession
shall be subject to such orders as the judge may issue touching inventories,
or the securing of deeds or other effects.
VII. And it is hereby enacted, that the judge shall exact from the
curator security for the faithful discharge of his trust, and for rendering
satisfactory accounts of the same, as hereinafter mentioned, and may autho-
rize him to receive out of the property such remuneration as shall appear