DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0206
196
ACT III.
[A.D. 1845.
How defaulting pro-
prietors may recover
rents before sale.
Contempt punishable
by fine, to be enforced
by magistrate.
Appeal to revenue
commissioner.
Non-payment of
deposit declared con-
tempt.
Operation of this
Act.
Preamble.
The taking security
for costs in appeals
declared discretionary
in all courts.
XXX. And it is hereby enacted, that arrears of rent which on the
latest day of payment may be due to the defaulter from his tenants, shall,
in the event of a sale, be recoverable by him after the said latest day by
any process except distraint which might have been used by him for that
purpose on or before the said latest day.
XXXI. And it is hereby enacted, that any collector, or ohacer exer-
cising the powers of collector in respect of sales, shall be competent to
punish any contempt committed in his presence in open cutcherry or odice
for the time being, by hne, to an extent not exceeding two hundred Com-
pany's rupees, commutable, if not paid, to imprisonment in the civil gaol
for a period not exceeding one month ; and the magistrate to whom such
an offender may be sent by a collector as aforesaid shall carry his
sentence into effect. Provided that an appeal from any order passed
under this section shall l^p to the revenue commissioner, whose decision
shafl be final.
XXXII. And it is hereby enacted, that a default to make good a bid
by making the deposit required by Section XV. of this Act, shall be held
to be a contempt.
XXXIII. And it is hereby enacted, that the operation of this Act shall
be confined to the provinces of Benga!, Behar, Orissa, and Benares, now
subject to the general Regulations, and to the Ceded and Conquered Pro-
vinces similarly subject to the general Regulations, under the Government
of the presidencies of Fort Wifliam in Bengal; and nothing in this Act
contained shall affect land in the town of Calcutta, or the settlements of
Singapore, Penang, or Malacca.
A.D. 1845. ACT III.
AN AcT Cozzz'zf.y of <^Aa ^z-ycr^zozz z'gyzzzzT or
zpzzfA czzz'zAy ./or ybo??z A.* PASSED f?/ z*Ao Gororzzor-
frozzoroJ of Azzf'zz zzz Gozzzzcz/, o?z 15fA 1845.
WHEREAS it is not now by law necessary, within the territories subject
to the presidency of Fort William in Bengal, to take any security for costs
in appeals before the Sudder Courts; and whereas no security for costs is
now required by law in appeals from the decisions of moonsiffs; and
whereas it is expedient that appeals from all courts should be put in this
respect upon a uniform footing :
It is therefore hereby enacted, that within the said territories it shall
not be necessary in any Court of Appeal of the East-India Company to
take any security for costs, but it shall be in the discretion of every such
Court of Appeal to demand security for costs from the appellant or not, as
it shall see ht, before the respondent is called upon to answer; any law
or Regulation to the contrary notwithstanding.
ACT III.
[A.D. 1845.
How defaulting pro-
prietors may recover
rents before sale.
Contempt punishable
by fine, to be enforced
by magistrate.
Appeal to revenue
commissioner.
Non-payment of
deposit declared con-
tempt.
Operation of this
Act.
Preamble.
The taking security
for costs in appeals
declared discretionary
in all courts.
XXX. And it is hereby enacted, that arrears of rent which on the
latest day of payment may be due to the defaulter from his tenants, shall,
in the event of a sale, be recoverable by him after the said latest day by
any process except distraint which might have been used by him for that
purpose on or before the said latest day.
XXXI. And it is hereby enacted, that any collector, or ohacer exer-
cising the powers of collector in respect of sales, shall be competent to
punish any contempt committed in his presence in open cutcherry or odice
for the time being, by hne, to an extent not exceeding two hundred Com-
pany's rupees, commutable, if not paid, to imprisonment in the civil gaol
for a period not exceeding one month ; and the magistrate to whom such
an offender may be sent by a collector as aforesaid shall carry his
sentence into effect. Provided that an appeal from any order passed
under this section shall l^p to the revenue commissioner, whose decision
shafl be final.
XXXII. And it is hereby enacted, that a default to make good a bid
by making the deposit required by Section XV. of this Act, shall be held
to be a contempt.
XXXIII. And it is hereby enacted, that the operation of this Act shall
be confined to the provinces of Benga!, Behar, Orissa, and Benares, now
subject to the general Regulations, and to the Ceded and Conquered Pro-
vinces similarly subject to the general Regulations, under the Government
of the presidencies of Fort Wifliam in Bengal; and nothing in this Act
contained shall affect land in the town of Calcutta, or the settlements of
Singapore, Penang, or Malacca.
A.D. 1845. ACT III.
AN AcT Cozzz'zf.y of <^Aa ^z-ycr^zozz z'gyzzzzT or
zpzzfA czzz'zAy ./or ybo??z A.* PASSED f?/ z*Ao Gororzzor-
frozzoroJ of Azzf'zz zzz Gozzzzcz/, o?z 15fA 1845.
WHEREAS it is not now by law necessary, within the territories subject
to the presidency of Fort William in Bengal, to take any security for costs
in appeals before the Sudder Courts; and whereas no security for costs is
now required by law in appeals from the decisions of moonsiffs; and
whereas it is expedient that appeals from all courts should be put in this
respect upon a uniform footing :
It is therefore hereby enacted, that within the said territories it shall
not be necessary in any Court of Appeal of the East-India Company to
take any security for costs, but it shall be in the discretion of every such
Court of Appeal to demand security for costs from the appellant or not, as
it shall see ht, before the respondent is called upon to answer; any law
or Regulation to the contrary notwithstanding.