DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0297
A.D. 1849.] ACT XI. 287
XXV. Any abkarry officer who shall delay carrying to the collector
any person arrested, or any illicit articles seized under this Act, or who
shall neglect to report the particulars of an arrest, seizure, or search, within
twenty-four hours thereafter, shall be liable to a fine not exceeding two
hundred rupees.
XXVI. Any abkarry officer who shall vexatiously and unnecessarily
seize the goods or chattels of any person, on the pretence of seizing or
searching for illicit spirituous or fermented liquors, or intoxicating drugs,
or who shall vexatiously and unnecessarily arrest any person, or commit
any other excess, not required for the execution of his duty, shall be liable
to a fine not exceeding five hundred rupees.
XXVII. Any officer employed in the abkarry department, who shall
unlawfully release or connive at the escape of any person arrested under
this Act, or connive at the sale of spirituous or fermented liquors, or
intoxicating drugs, without license, or by any licensed dealer, contrary to
the terms of such license, or act in a manner inconsistent with his duty,
for the purpose of enabling any person to do anything whereby any of the
provisions of this Act may be evaded or broken, or the abkarry revenue
defrauded, shall be liable to a fine, not exceeding five hundred rupees.
XXVIII. Any abkarry officer who shall ask or take any gratuity not
authorized by any law or order of Government, or of the Board of
0/J7M773, in consideration of doing, or of omitting to do, any act
in his official capacity; and any person who shall offer a bribe to any such
officer, in order to induce such officer to act in a manner inconsistent with
his duty, shall be liable, for every such offence, to a fine, not exceeding
five hundred rupees.
XXIX. Whenever any goods or chattels shall be seized by an abkarry
officer, as liable to confiscation under this Act, such seizure shall, upon
information, exhibited by order of the collector, be heard and determined
in a summary way, by any justice of the peace for the town of Calcutta;
and such justice shall cause the persons to whom such goods and chattels
belong, to be summoned to appear before him, and upon their appearance
or default, shall examine into the cause of the seizure thereof and give
judgment; and if such judgment shall be for confiscation of the goods or
chattels seized, shall issue his warrant to the collector for the sale or dis-
posal thereof, according to such orders as the collector may receive from
the Board of (7^^777^, 0^7M772.
XXX. Whenever any goods or chattels shall be seized as aforesaid, and
within one calendar month no person shall appear before the collector to
claim the same, the justice shall examine into the cause of the seizure, at a
place and time of which notice shall have been given by the collector in the
Calcutta Gazette, and give judgment for the confiscation of such of the
goods and chattels as, upon such examination, shall appear to him liable
to forfeiture; and, upon confiscation thereof shall issue his warrant for
the disposal of them, as if the owner had been summoned to attend the
said justice.
Penalty on officers
for delay or neglect in
acquainting collector
with arrest or seizure.
Penalty for vexatious
seizures.
arrested, illicit dealings,
or infringements of this
Act.
Penalty for asking or
taking gratuities.
Penalty for offering
bribes to officers.
decide summarily on
seizures.
Execution of judg-
ment.
Sale of goods seized
and not claimed by
owners.
XXV. Any abkarry officer who shall delay carrying to the collector
any person arrested, or any illicit articles seized under this Act, or who
shall neglect to report the particulars of an arrest, seizure, or search, within
twenty-four hours thereafter, shall be liable to a fine not exceeding two
hundred rupees.
XXVI. Any abkarry officer who shall vexatiously and unnecessarily
seize the goods or chattels of any person, on the pretence of seizing or
searching for illicit spirituous or fermented liquors, or intoxicating drugs,
or who shall vexatiously and unnecessarily arrest any person, or commit
any other excess, not required for the execution of his duty, shall be liable
to a fine not exceeding five hundred rupees.
XXVII. Any officer employed in the abkarry department, who shall
unlawfully release or connive at the escape of any person arrested under
this Act, or connive at the sale of spirituous or fermented liquors, or
intoxicating drugs, without license, or by any licensed dealer, contrary to
the terms of such license, or act in a manner inconsistent with his duty,
for the purpose of enabling any person to do anything whereby any of the
provisions of this Act may be evaded or broken, or the abkarry revenue
defrauded, shall be liable to a fine, not exceeding five hundred rupees.
XXVIII. Any abkarry officer who shall ask or take any gratuity not
authorized by any law or order of Government, or of the Board of
0/J7M773, in consideration of doing, or of omitting to do, any act
in his official capacity; and any person who shall offer a bribe to any such
officer, in order to induce such officer to act in a manner inconsistent with
his duty, shall be liable, for every such offence, to a fine, not exceeding
five hundred rupees.
XXIX. Whenever any goods or chattels shall be seized by an abkarry
officer, as liable to confiscation under this Act, such seizure shall, upon
information, exhibited by order of the collector, be heard and determined
in a summary way, by any justice of the peace for the town of Calcutta;
and such justice shall cause the persons to whom such goods and chattels
belong, to be summoned to appear before him, and upon their appearance
or default, shall examine into the cause of the seizure thereof and give
judgment; and if such judgment shall be for confiscation of the goods or
chattels seized, shall issue his warrant to the collector for the sale or dis-
posal thereof, according to such orders as the collector may receive from
the Board of (7^^777^, 0^7M772.
XXX. Whenever any goods or chattels shall be seized as aforesaid, and
within one calendar month no person shall appear before the collector to
claim the same, the justice shall examine into the cause of the seizure, at a
place and time of which notice shall have been given by the collector in the
Calcutta Gazette, and give judgment for the confiscation of such of the
goods and chattels as, upon such examination, shall appear to him liable
to forfeiture; and, upon confiscation thereof shall issue his warrant for
the disposal of them, as if the owner had been summoned to attend the
said justice.
Penalty on officers
for delay or neglect in
acquainting collector
with arrest or seizure.
Penalty for vexatious
seizures.
arrested, illicit dealings,
or infringements of this
Act.
Penalty for asking or
taking gratuities.
Penalty for offering
bribes to officers.
decide summarily on
seizures.
Execution of judg-
ment.
Sale of goods seized
and not claimed by
owners.