∞ √° * w №w ∞ , ， • ！ £ 's，|-N ∞:wº, º ſwae º | Rºſs， · „º ， ， • ， ， ...， s »"* * * …º， ， ， æ， ø ºg §.”3， a ſ ſ • • • „ ° ****** • ^ *（ vººººº : wae ， ， ， ， ** ...，~- " （ ） ， ae : ∞ √ ? （^）. • ， ！ ， ， , wº （， ， ſ. ~ …, sº S-aelº （ • • • • ， ！ *ºse „ Lae º |-º.º - №w №-º، ' （ -, º. º.º.： …•• •*… :-）، º.ººº… \，,º. ... • •- • ae”, “?” ， 2 B O P & R T Y O ſº 4%. CIRCULAR OR DERS of THE” SUDDER BOARD OF REVENUE. HJT (24% , 3.55T 3.222, OIRCULAR ORDERS OF THE sub DER BOARD OF REVENUE, AT THE PRESIDENCY OF FORT WILLIAM ; ADDRESSED TO (Iije 310cal Reutnut 3iuti)0ritieg, Q THROUGH THE co M M Iss 10 NE Rs 0F REVENUE, BY THE (2) SECRETARY TO THAT BOARD. NO. CCCCXV.” TO THE COMMISSIONERS OF REVENUE. September 16, 1837–No. 75. THE Committee of Statements having prepared under the orders of Government a setſ of forms and statements for the Officers of the Land Forms to be pre- Revenue Department, and submitted the same to the Sudder Board, I am directed to forward to your address copies of them for the use of the ments' Committee. officers of your Division, and to request that all forms and statements may, until further orders, be prepared strictly according to the prescribed specimens of the Statements' Committee. * These numbers are in continuation of the series in Mr. Peters’ volume: t The accompaniment to this Circular was a Book or Collection of lithographed forms; but as many of the forms have in the course of time undergone considerable alterations, and further revisions © are in contemplation, it is not necessary to insert them here. B No. 415. MISC. DEPT. Statements and pared according to specimens of State- 6 CIRCULAR ORDERS, No. 416. SETTLEMENT DEPT. Commissioners competent under powers of late Board to dispose of cases of the mature provided for in Sections 6 and 9, Regulation XIX. of 1793. No. 417, Misc. DEPT. Commissioners authorized to con- firm ryotwar set- tlements, farms and ordinary tempora- ry settlements, for certain periods. No. CCCCXVI. TO THE COMMISSIONERS OF REVENUE. September 22, 1837.—No. 77. THE Sudder Board having had occasion to observe that the provisions of Sections 6 and 9, Regulation XIX. of 1793, have been overlooked by Settlement Officers and Commissioners, direct me to 'draw your atten- tion to the subject, and to point out to you, that, vested as you are with the powers of the late Board of Revenue, you are competent to dispose of cases of the nature therein provided for, without reference to this office. 2. You will readily perceive on a careful perusal of the Sections above noticed, that the Government Settlement Officers will have to deal with such cases only when the revenue of the lands may be payable to the State. On such occasions a separate settlement Statement will not be requisite, but the jumma which may be assessed on the lands to be held as a dependent Talook, will be included in the gross assets forming the basis of settlement of the estate to which they (the lands) belong, whenever that settlement may be concluded and submitted for the sanction of Government. 3. You are requested to issue appropriate instructions to all the Settlement Officers in your Division for their future guidance. -ºººm- NO. CCCCXVII. TO THE COMMISSIONERS OF REVENUE. October 27, 1837.-No. 78. I AM directed to transmit for your information and guidance, copies of a letter from the Secretary to the Government of Bengal, dated the 10th instant, No. 1439, and of the accompanying correspondence, from which you will perceive that you are authorized to confirm — 1st. Ryotwar settlements for a period not exceeding 20 years.” 2nd. Temporary settlements, or farms of Muhals of which the Maliks or persons entitled to a settlement in perpetuity are recusant and therefore excluded, for a period not exceeding ten years. * The powers of Commissioners have since been extended to the confirmation of settlements of every kind, and for whatever period. SUDDER BOARD OF REVENUE. 7 3rd. All ordinary temporary settlements for a period not exceeding Cº. º Ct. 24/, º twenty years. \– J 4th. All temporary settlements, preparatory to a permanent one. Y 2. Settlements confirmed under the above orders being all subject to a special appeal to the Board on the part of any person deeming himself aggrieved, and to a special reference on sufficient cause shewn at the instance of the Settling Officer. 3. You will be pleased to furnish a quarterly Return in duplicate” according to the accompanying form, of all settlements and farms con- S-l firmed by you. 4. You will promulgate in a manner likely to give general informa- tion, the license given to appeal to this Board. r LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING ADDITIONAL SECRETARY TO THE SUDDER BOARD OF REVENUE. REVENUE. In reply to your letter of the 15th ultimo, I am directed by the Right Honorable the Governor of Bengal to transmit, for the information and guidance of the Board, a copy of the correspondence Para. 4 of Mr. Secretary Macnaghten's e letter of the 24th of April last. noted on the margin. The Board are request- Reply of the Secretary to the Govern- º º g ment of Bengal, dated the 13th of June last. ed to take the necessary measures for carrying the Mr.Secretary Macnaghten's rejoinder views of the Supreme Government, as expressed of the 9th instant. * e © & * - in their orders of the 9th instant, into effect. 2. The Commissioners should be required to furnish to the Board a quarterly 'Return of settlements, including, of course, farms, as now sanctioned by the Board, confirmed by them, one transcript of which ought to be sent by the Board to the Revenue Accountant, and another, with any remarks that they desire to offer.f ExTRACT OF A LETTER FROM THE SECRETARY TO THE GOVERNMENT OF INDIA, TO THE SECRETARY TO THE GOVERNMENT OF BENGAL, dated 24th April, 1837. - Para. 4. I am directed to take this opportunity of observing that, it appears highly desirable that means should be resorted to for lightening the labors of the Officers in the Revenue Department. At present it would seem that there is a need- łess waste of supervision in that department, the same work being in fact performed three times over, first by the Collector, then by the Commissioner, and lastly by * The intention of this order was that the duplicate, or one copy of the Return should be for- warded by the Board to the Accountant ; but now Commissioners forward the Returns of settlements confirmed by them direct to the office of account, in addition to the similar Returns which they submit to the Board. f Sic in orig. The sentence is incomplete in the record. 8 CIRCULAR ORDERS, Circular, No. 417. the Sudder Board. His Lordship in Council will not delay this letter by entering (Oct. 27, 1837._j into details, which will best be arranged by the Right Honorable the Governor. I Y- am desired, however, to suggest that the Collector's report, confirmed by the Com- missioner, might in some instances be admitted to be final; but if this should be found to be objectionable, his Lordship in Council requests that early attention may be given to the practicability of shortening and simplifying the settlement reports, and thinks that for this purpose it might probably be well to refer to the forms in use in the Western Provinces, and to the practice adopted in regard to them. REPLY FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE GOVERNMENT OF INDIA. REVENUE. With reference to para. 4 of your letter of the 24th of April last, I am directed by the Right Honorable the Governor of Bengal to request that you will submit to the Supreme Government the following explanation of the existing rules for the revision and report of detailed settlements, and of his Lordship’s views in regard to the points moticed in the passage of your letter above cited. 2. The form in which settlements conducted under the Regulations specified *Regulations VII. of 1822, IX. of 1825, OD, the margin,” are reported by the assessing and IX. of 1833. Officers in the Lower Provinces, is simpler and more concise than that in use within the jurisdiction of the Sudder Board of Revenue at Allahabad—that is to say, the statement prescribed by the Calcutta Board’s orders of the 12th of November, 1833, of which a few specimens are herewith submitted, and which was drawn up after a careful examination of the Returns devised by the Western Board, admits of the record of all the necessary facts with regard to a single Mouzah, in a more compendious shape, than the latter, whilst it does not appear to omit any thing of which it is essential that the superintending Authorities, and eventually the Government, should be informed. 3. But the form in question is confessedly not suited to present a comprehen. sive view of the agricultural resources of a large and continuous tract of country, which was the object for which the Sudder Board at Allahabad had to provide. Nor with the single exception of Cuttack, is there any such tract open to assess- ment, under the jurisdiction of the Lower Board. But on the other hand, the Officers engaged in assessing resumed or lapsed or purchased Muhals in permanently settled districts, have, in some important respects, a more arduous task than those employed in the general settlement of the Western Provinces, because they have no data whatever, but those of their own acquisition, to proceed upon, and are, therefore, mecessarily compelled to institute much more minute and careful inquiries, in order to ascertain the proper basis of settlement, in the real amount of rental received by the Malgoozar, than those who have the records of former settlements, a know- ledge of the ease or difficulty with which the revenue has been collected during many past seasons, good and bad, and the testimony of a very superior class SUDDER BOARD OF REVENUE. 9 of native officers (the Tuhseeldars) possessed of great local knowledge, to direct them. - t 4. Under the circumstances above described, it being understood that the Revenue authorities in the Western Provinces rely far more, in determining the proper amount of Jumma to be paid by a Muhal or Pergunnah, upon the evidence above adverted to than upon present local inquiries, and that, with such evidence to guide them, they form rather general averages for considerable tracts of country, than scrupulously assess particular villages, and can do this with safety, it is evident that the settlementt of a single Mouzah in a permanently assessed District, which has either never been upon the public rent-roll, or if a purchase by Government, was engaged for at the period of the Decennial Settlement, without any investigation of assets, must necessarily require far more labor and attention, to preclude fraud, or even to ensure satisfactory certainty in regard to a proceeding of so much import- ance to the well being of large glasses of the people, than a similar operation, within the jurisdiction of the Western Board. hº and modes of procedure in use * “ In conclusion I am directed to inform the Board that his Lordship has observed, with some alarm, the extreme volume of the papers now before him, which are the English record alone of the assessment of a Muhal of which the Sudder Jumma will not exceed Rs. 14,000. The time and labor consumed in the mere minute examination of such a mass of statements, and less than this cannot be required from both the executive and the controlling Authorities, must be extreme, and with reference to the value of that time and to the period which must elapse before all the Estates in the extensive Province of Cuttack can be set- tled on such a system, no commensurate advantage can possibly accrue from a rigid adherence to it. It is indispensable, indeed to the conclusion within any moderate term of years of the work on hand, that the task of reporting the assessments for sanction should be immediately abbreviated and sim- plified; and this his Lordship gathers from the 7th para. of your letter (No. 254) of the 22nd instant, the Board are engaged upon. He trusts that they will be able to cut down the English Returns very mate- rially without depriving themselves, or the Government, of any essential information.” :f “ His Lordship relies upon the best endeavours of the Board to simplify and reduce the number and volume of the set- tlement Returns from Cuttack, the extreme bulk and detail of which were noticed, with a request to the above Nurport, in para. 15 ºf my letter, of the 27th September last. simplest practicable scheme, for Cuttack. • C 2 5. These facts will probably satisfy the Supreme Government, that the forms in the Western Provinces, would not be generally •applicable to the Districts of the permanently settled Provinces—where only detached Muhals, though in some instances very numerous, are to be assessed. As regards Cuttack, the passages quoted on the margin from his Orders of the 27th< of September and the 18thi of April last, will shew that his Lordship has long been anxious to reduce the bulk, and simplify the nature of the . settlement Returns, to which most desirable end, however, the peculiarities of the under tenures obtaining in that Province are seriously opposed. With a view, however, to its attainment to the utmost feasible extent, the Governor has recent- ly obtained from the Honorable the Lieutenant Governor of the North Western Provinces a spe- cimen of all the Returns and Reports furnished to the Board at Allahabad, by every class of their subordinate officers employed in the formation or revision of detailed settlement, and by the Board, again, to Government, and these it is his Lordship’s intention to forward to the Board at Calcutta, in order that, in communication with Mr. Commissioner Ricketts, they may devise the recording and reporting the new assessment of Circular, No. 417. Oct. 27, 1837. Ü Y- J 10 CIRCULAR ORDERS, Circular, No. 417. Oct. 27, 1837. C Y. 6. The passage quoted on “It is only since Mr. Dampier's arrival at the Presidency, that the Board in com- munication with that officer, have adjusted the form of settlements, it is proposed to adopt ; they are as follows: 1. A Mouzahwaree Tabular Statement to be entered in a book, with a general Thanahwaree Tabular Statement at the end of the book, (one book for each Thanah.) 2. An English Towjee of Lands, Jum- ma, &c. with numbers corresponding to the Mouzahwaree Tabular Statements, in a second book. 3. A Sketch or History of each Mouzah to be written in English ;-these are also to be entered in a third book, each Towjee furnished with a number, corresponding to those in the former books. Under this arrangement the settlements of a whole Thanah will be submitted in a compact shape in three books, being copies of those which are kept in the Collector's Office.” the margin from the Board’s Report of the 1st of December last, will shew what is intended with respect to Chittagong; and with reference to the extraordinary manner in which the lands of that District are intermixed, and to the fact that only patches here and there are now being brought under settlement, his Lordship does not desire to interfere with the arrangement which the very able and experienced Revenué Officers of that District deem most expedient. 7. With reference to the opinion express- ed by the Supreme Government, that at present it would seem that there is a needless waste “ of supervision in that Department, the same work being in fact performed three times over, first by the Collector, then by the Commissioner, and lastly by the Sudder Board”— his Lordship would submit that of late settlements have not been revised by the Commissioners, with the exception of a small mamber which they were directed to retain in order to test the work of each assessing Officer, but have been handed up direct to the Board, who undertook the duty, in order both to relieve the Commis- sioners, and to obviate delay. This plan, which was originated by that zealous and indefatigable officer, Mr. C. W. Smith, could scarcely, as experience has proved, have succeeded, if he had been permitted to remain at his post to carry it into effect; but in the actual course of events, it has, as the Supreme Government are ..aware, decidedly failed. It was, in fact, only an expedient to shift labor from one over-burthened class of officers to an individual, not less burthened, but whose energy was very great, who voluntarily proposed to undertake the arduous duty, and who had certainly far more and better subordinate assistance than the Com- missioners—-measures have been taken to enable the Board to dispose of all arrears, and if, as his Lordship understands, it is the intention of the Supreme Government to relieve the Commissioners of Revenue altogether from judicial functions, they ought to be well able to superintend all settlement business, and to revise the Re- turns of the assessing Officers, although business of that mature will be extremely heavy during the next four or five years. 8. These Returns, under existing Rules, need be handed up to Government only when the parties entering into engagements are entitled to that immunity in perpetuity, when such a party is recusant, and a temporary settlement is, conse- quently, concluded with another, to his exclusion, or when the ferm of a temporary settlément or farm exceeds twenty, or of a Ryotwar settlement, ten years. All other settlements the Sudder Board are competent to confirm, submitting to his Lordship an annual Schedule of all leases granted by them. When the proceedings of the assessing Officer are well examined and tested by the Commissioner, the SUDDER BOARD OF REVENUE. | 1 A. labor imposed on the Board, whether they forward the papers to Government, or Circular, No. 417. themselves dispose of them under the Rules above described, will be comparatively o ct. 27, 1837. J light ; and they have been specially adthorized to report all settlements requiring his Lordship's sanction, but not presenting any novel features or involving any im- portant principle, not already discussed and settled, in the briefest possible abstract shape. 9. Upon the information now submitted, the Governor will gladly receive the instructions of the Supreme Council, if they think that any of the checks described could be dispensed with, or any part of the business of forming, revising or confirming settlements abbreviated. He apprehends that the Honorable Court of Directors would not be willing that the power of sanctioning settlements in perpetuity should be delegated to any authority subordinate to his own. The Governor General in Council is doubtless well aware, how often and how strongly the injunctions of the Honorable. Court against granting permanent tenures to persons not absolutely entitled by the Law to that immunity have been repeated, and it frequently occurs that settlements are reported to him by the Board for con- firmation in perpetuity, which the strictness of those orders compels him, on an ex- amination of the claims of the Malgoozars, to limit to a term of years. Twenty years is probably long enough for any lease not of a Jungulbooree nature, and the latter are, of course, special arrangements. By recent orders, leases granted to the exclusion of recusant Maliks have been restricted to ten years ; these, perhaps, the Board might be allowed to sanction, and the licenses as to Ryotwar settlements might safely be extended to twenty years. No other measures of relief occur to his Lordship. FROM THE SECRETARY TO THE GOVERNMENT OF INDIA TO THE SECRE- - TARY TO THE GOVERNMENT OF BENGAL. REVENUE. I am directed by the Right Honorable the Governor General in Council to acknowledge the receipt of your letter dated the 13th of June last, fur- nishing an explanation of the existing Rules for the revision and report of detailed settlements, with the views of the Right Honorable the Governor, in regard to the points noticed. ** 2. In reply, I am directed to state that the Governor General in Council is . not prepared to suggest any abbreviation in the forms now used in reporting settlements, but his Lordship in Council is of opinion that, generally, the pro- ceedings of the assessing Officer (although not the Collector of the District) should go direct to the Commissioner, that the Commissioner should be invested with the powers of confirmation now belonging to the Sudder Board, subject to a special appeal to that Board on the part of any person deeming himself aggrieved, or to a special reference on sufficient cause shewn, at the instance of the settling Officer, and should be empowered to sanction leases for terms not exceeding ten years granted . tº the exclusion of recusant Maliks. *. 12 CIRCULAR ORDERS, Circular, No. 417. 3. It is proposed in the concluding para. of your letter, that this power shall (oct. 27, 1837. J be conferred on the Sudder Board, but his Lordship in Council is of opinion that it Y- might safely be exercised by the Commissioners, and that the duties of the Board should be chiefly confined to those of general superintendence and control, including, of course, the cognizance of appeals from the proceedings of the Commissioners involving complaints of gross inequality or severity of assessment. 4. The power of sanctioning settlements in perpetuity, or for long terms of years, on the report of the Sudder Board, should remain with the Government as heretofore. Q C 5. His Lordship in Council concurs with the Right Honorable the Governor in thinking, that the license as to sanctioning Ryotwarree settlements may safely be extended to twenty years, and that this power also should, subject, as before, to a special appeal, be confided to the Commissioners. re 6. The original Statements which accompanied your letter now acknowledged, are herewith returned. C FoRM. w Nature of Term of |Date of Commission- Name of Muhal. District. Jumma. | Settlement. | Settlement. er’s order. SUDDER BOARD OF REVENUE. I 3 NO. CCCCXVIII. TO THE COMMISSIONERS OF REVENUE. November 13, 1837.-No. 79. No. 418. Misc, DEPT. To prevent the frequent recurrence of errors in the Advertisements of Serishtadars re- :-- gº w ;II sponsible for Ad- sales. I 3,1]] desired by the Sudder Board of Revenue to request that you will ..." ". issue instructions to your subordinates to hord the Serishtadars of their Sales being correct. respective offices responsible for the Advertisements of Sales being correct, and for the balance, for the realization of which an Estate is advertised, being due one month before the Advertisement is published. NO. CCCCXIX. * To THE COMMISSIONERS OF REVENUE. © December 22, 1837.—No. 82. No. 4 19. MISC. DEPT. IN continuation of their Circular Orders, No. 78, of the 27th October last, Commissioners I am directed by the Sudder Board of Revenue to transmit, for your informa- empowered to con- •. * º © tº , tº firm in perpetuity tion and guidance, the accompanying copy of a letter from the Officiating settlements of ands Secretary to Government in the Revenue Department, No. 1647, dated the £ºsº. 21st November, conferring on the Commissioners of Revenue authority to confirm, in perpetuity, settlements of lands granted in Jageer to invalid soldiers, in addition to the powers vested in Commissioners by the letter referred to. LETTER FROM THE OFFICIATING SECRETARY TO THE GOVERNMENT OF BENGAL TO THE OFFICIATING SECRETARY TO THE SUDDER Q BOARD OF REVENUE. REVENUE. I am directed by the Honorable the Deputy Governor of Bengal to acknowledge the receipt of your predecessor's letter, No. 77, dated the 27th ultimo, and to requèst that you will inform the Board in reply, that Commissioners of Revenue are authorized to confirm in perpetuity settlement of lands granted in Jageer to invalid soldiers. • D 14 CIRCULAR ORDERS, No. 420. MISC. DEPT. Assessment to be based on capa- bility of land, not on value of crops. © NO. CCCCXX. TO THE COMMISSIONERS OF REVENUE. January 12, 1838.-No. 1. e I AM directed by the Sudder Board of Revenue to forward to you, for your information and guidance, the annexed extract (paragraphs 26 to 34 inclusive) of a letter from the Honorable the Court of Directors, dated the 12th April last, transmitted to this office from the Revenue Department, under date the 20th October last. O © EXTRACTS FROM THE HONORABLE THE COURT OF DIRECTORS’ LETTER, No. 6 of 1837, dated the 12th April, 1837. PARA. 26. We observe that heretofore there has been but little similarity in the mode of assessment in the Districts of the Upper Provinces. We know that it may not always be possible to pursue one uniform course in this particular, but we are of opinion that generally speaking this essential principle may be preserved especially in those Districts where neither the forms of public institutions moran- cient usages present impediments. O O 27. With regard for example, to the practice which exists of forming assess- ments according to the value of the crops produced, and not according to the value or capabilities of the land, a subject which was noticed by us in our Despatch of the 15th February, 1833, this is a "mode of assessment which we find by the Pro- ceedings under review, continues to be observed in many Districts in the Western Provinces, a practice which, as remarked by Lord William Bentinck, must act as a check on industry and discourage cultivation. O • 28. We are desirous of drawing your particular attention to this subject in especial connection with the cultivation of Cotton, Sugar, Coffee and other staple commodities suited to the home markets. 29. You are aware that the equalization of the duties on Sugar is a subject that has engaged our anxious consideration, and you will have received from us through the Public Department, under date 10th August, 1836, copies of the Act recently passed on this subject. The advantages to individual skill and industry, and to the commercial community of India in general, which must result from this measure, will doubtless be very great. 30. The prospect is thus opened to Europeans, and will doubtless be embraced, of investing their capital in the cultivation of staple articles of product in India, and it may be hoped that corresponding benefits to the agricultural community will accompany the extension of more valuable cultivation. It is nevertheless im- perative on us not only to watch narrowly the interests of the native population, but to use every means, and embrace every opportunity, of improving those interests and ameliorating the general condition of the people. 31. European enterprise and European capital are ever ready to secure the SUDDER BOARD OF REVENUE. I 5 advantages which any changes in State policy, commercial or financial, may seem to hold out, and this it is not our desire to check. At the same time it behoves us to be something more than quiescent with regard to our native subjects, who having the skill and industry may want the enterprise and capital of the Europeans, and occasionally to lead and assist them in the line of improvement, this we con- sider to be the true policy of a liberal government, ruling over a people not possess- ing the knowledge or means of developing all the resources of their native land. 32. No better means of securing this good object can be pointed out than the adoption of such a mode of assessment as shall leave the cultivator in possession of an ample and encouraging remuneration for the exercise of his industry in the growth of articles adapted to the demands of the home market. The policy of long leases and moderate assessments is therefore not only recommended by general principle and general experience, but is enforced by the peculiar circumstances of the time. 33. You are aware that the practice existed at Bombay and Madras as well as in Bengal of making the assessment according to the produce, and not according to the value and capabilities of the lands, and that it was stated that the Revenue could not afford to bear the change contemplated by our instructions on this subject. We trust, however, that this practice is generally discontinued at Madras and Bombay, and that the prohibitory instructions which have from time to time been received from us on this subject, will be kept in view during the progress of the new settle- ments in the Western Provinces, and ultimately put a stop to this very objectionable mode of assessment. It is the productive power of the land and not its actual produce that should be taken as the guide in making the assessments ; by this mode the best description of encouragement is given to the cultivator to extend cultivation, and raise crops immediately beneficial and profitable to himself, and such a system, we have on former occasions observed, and are still of opinion, would not ultimately be found detrimental to the interests of the State. 34. Where the system of assessing according to the actual produce has been abolished and the character of the soil substituted as the basis of the assessment, the effect of the change has been most beneficial, as is attested by Mr. H. Fraser, writ- ing from Delhi, where this system has been for some time in operation. No. CCCCXXI. © TO THE COMMISSIONERS OF REVENUE. © January 9, 1838.-No. 2. HE Sudder Board of Revenue having had occasion to remark that the Account Sales of lahds sold for arrears of Revenue, transmitted to this office are seldom alike in form, direct me, with a view to uniformity in future, to forward to you the annexed blank Statement for adoption in the several Cellectorates comprised in your Division. Circular, No. 420. Jam. 12, 1838. C J Y- No. 421. Misc, DEPT. Form of Account Sale prescribed. | No. of Lot. Number of Muhal in Regis- bº) ter. O Name of Muhal. Co Recorded proprietor. wº- Portion sold. JR Sudder Jumma of the pro- CO perty sold. ‘g 5. # = 7. Balance principal and interest *\I as E' according to advertisement. O # 3. -e CP 3. E.' 3. Balance to day of sale with OC) a E.' interest inclusive. # 5 Penalty proposed to be levied under the orders of Govt. KO para. 3rd dated 28th June, 1835. O Total balance. º Names of purchasers. – Deposit at 15 per cent. :- 5 £ Mºmº Balance. º bº) cº-º- {A} 9. O º O Total. O g © º et- ##### * 3 + 2. 3 Tº * : * = 5. : wn a; 2." E *d a'; 3 = #. QN) ă ă ă ă. | wa < * = gº sa 3. £ "; ; ; ; ‘SłISIOIRIO IV"Iſno?IIO 3: ; 9 I ~\. Y ‘898 I ‘6 ‘ubſ’ * IgE 'ON “18|nou!C) SUDDER BOARD OF REVENUE. 17 NO. CCCCXXII. TO THE COMMISSIONERS OF REVENUE. January 13, 1838.-No. 3. I AM directed by the Sudder Board of Revenue to forward for your infor- mation and for communication to the several Collectors and Independent Deputy Collectors under your control, the annexed copy of the orders of Government in the Revenue Department, dated the 19th ultimo, No. 1812, from which you will perceive that his Honor the Deputy Governor of Bengal does not consider a knowledge of the Persian language to be a necessary qualification for the office of Deputy Collector under Regulation IX. of 1833. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY..TO THE SUDDER BOARD OF REVENUE. REVENUE. I am directed to acknowledge your letter, No. 610, of the 8th instant, with its enclosure, and to request that you will inform the Board in reply, that in the opinion of the Honorable the Deputy Governor of Bengal a knowledge of the Persian language does not appear to be a necessary qualification for the office of Deputy Collector under Regulation IX. of 1833. NO. CCCCXXIII. TO THE COMMISSIONERS OF REVENUE. January 9, 1838.-No. 4. I AM directed by the Sudder Board of Revenue to transmit for your infor- mation and guidance, copy of a letter from the Officiating Secretary to Government in the Revenue Department, dated the 28th November last, No. 1682, declaring it to be requisite that Deputy Collectors under Regulation IX. of 1833 should be able to read and speak the vernacular language of the Districts to which they may be appointed. • 2. The Board desire that you will expressly give information on these points in your future Nomination Statements. 3. The Board are of opinion that these orders ought to have a retrospective effect. You will be pleased, therefore, to ascertain through the several Collectors, and inform this Board, of the names of those Deputy Collectors subordinate to them, who may not be able to read and speak the vermacular language of the District in which they are employed, and you E No. 422. Misc. DEPT. Knowledge of Persian not a me- cessary qualifica- tion for Deputy Collectors under Reg. IX. of 1833. No. 423. JMISC. DEPT. Deputy Collectors under Reg. IX. of 1833 should be able to read and speak the vernacular of the Districts to which they may be appointed. These orders to have re- trospective effect. I 8 CIRCULAR ORDERS, Circular, No. 423. Jan. 9, 1838. \ Y No. 424. Misc. DEPT. Declaration that all orders received have been carried into effect. No. 425, Misc. DEPT. Forwarding ex- tract from a letter from Secretary to Government inti- mating that Head Assistants to Com- missioners cannot will inform such persons that their removal will be recommended, unless, _j within six months succeeding the communication of the orders to that effect, they attain this indispensable qualification. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. Revenue. It appears to the Honorable the Deputy Governor of Bengal desirable, for obvious reasons, that Deputy Collectors under Regulation IX. Of 1833 should possess at least a tolerable ability to read and speak the vernacular language of the Districts to which they may be appointed. 2. I am therefore directed to request that the Sudder Board of Revenue, before submitting nominations of individuals to such situations, will satisfy them- selves of the qualifications of the nominees in this respect, either through the Local Officers, or, where the nomination may be by the Board, by examination at their own office, of the candidates’ acquirements. 3. The results of such inquiries or examinations will, of course, he reported with the nomination, for his Honor’s consideratioſ. NO. CCCCXXIV. TO THE COMMISSIONERS OF REVENUE. January 16, 1838.-No. 5. I AM directed by the Sudder Board of Revenue to desire that, whenever you may have occasion to communicate to any of your subordinates an order, requiring any particular duty to be performed, or any forms to be substitut- ed for those in previous use, you will exact from such Officer a declaration, in answer, that the order given him has been duly carried into effect. NO. CCCCXXV. TO THE COMMISSIONERS OF REVENUE. January 16, 1838.-No. 7. IT appears that, by an oversight in this office, the reply of Government to the 4th paragraph of the Board's letter, dated 22nd September, 1836, No. 254, was not communicated to the Commissioners ; I am therefore directed to forward, for your information and future guidance, the accompanying ex- tract of a letter from Mr. Secretary Mangles, bearing date 18th October, 1836. SUDDER BOARD OF REVENUE. 19 EXTRACT OF A LETTER FROM THE SECRETARY TO THE GOVERNMENT Circular, No. 425. OF BENGAL IN THE REVENUE DEPARTMFNT. Jan. 16, 1838. , Y- PARA. 2. I am instructed to take this opportunity of informing the Board, in reply to paragraph 4 of your letter of the 22nd ultimo, that his Lordship does not º allowed to ; think it expedient to authorize the Head Assistants to the Commissioners to sign ºn: letters on behalf of those Officers. They have already been authorized to authenti- cate all copies, and to frank all letters issuing from the Commissioner’s office on the public service. NO. CCCCXXVI. TO THE COMMISSIONERS OF REVENUE. January 9, 1838.-No. 8. No. 426. I AM desired by the Sudder Board of Revenue to direct as follows:– . ise. Derr. nStructions re- 2. The Collector will forward to the Commissioner duplicate Tow-garding Towjees. Promptitude in the jees, as at present. tº º .* tº tº realization of the 3. The Commissioner will record his Resolutions on both of them, and Govt. Revenue en- send a copy of his Resolutions to the Collector, in order that they may have oined. immediate attention. O 4. The Commissioner will forward one copy of the Towjee (instead of two, as at present) to the Board, who will send a copy of their Resolutions thereon to the Commissioner, who will cause the same to be entered on the Towjee in his office, and then transmit the Board's Resolutions, in original,. to the Collector for his guidance, and to be recorded with the original Tow- jee in his office. A copy of each Towjee will thus remain for reference and comparison in the three offices.* 5. I am directed to take this opportunity of earnestly calling your at- tention to the prompt realization of the Government Revenue. If the Local Commissioners do not take efficient and vigorous measures for ensuring the early realization of the Government Revenue, as it falls due, it is evident that no orders the Board can issue after a lapse of time can be of any avail tº affect the promptitude which is indispensable. 6. The Board, I am directed to observe, hold the Commissioners an- swerable for the efficient discharge of this important branch of duty in their several Divisions, and the Commissioners will not find the support of the Board wanting whenever failure in this respect may be traceable to the su- pineness or inefficiency of any of their subordinates. O * These instructions regarding Towjees are superseded by more recent orders. 20 CIRCULAR ORDERS, No. 427. Misc. DEPT. Practice of en- dorsing Bank Notes to be discontinued, and Registers of numbers and dates to be kept. NO. CCCCXXVII. TO THE COMMISSIONERS OF REVENUE. January 16, 1838.-No. 9. I AM directed by the Sudder Board of Revenue to transmit copies of let- ters from the Accountant in the Revenue Department, dated 1st November, and from the Secretary to. Government in the Revenue Department, No. 1718, dated 5th ultimo, and with reference thereto, to request that, if the practice of endorsing Bank.Notes shall have obtained in any of the Collec- torates of your Division, you will issue orders for its discontinuance. 2. You will be pleased to direct your subordinates to keep a Register of the numbers and dates of Notes received and issued, as suggested in the concluding paragraph of Mr. Dorin's letter. O LETTER FROM THE AccountANT, REVENUE DEPARTMENT, TO THE OF- FICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. I have the honor to acknowledge the receipt of your letter, No. 83, of the 17th ultimo, and in reply to state, that it appears to me that the plan of requiring Col- lectors to endorse all Bank Notes.paid into their Treasuries is highly objectionable, not only as causing unnecessary trouble and uselessly spoiling the notes, but as rendering Government liable for all forged paper that may be passed designedly through the hands of Officers in the Mofussil who have no efficient means of dis- ...tinguishing good Notes from bad. O 2. While Secretary to the Bank of Bengal, I met with forged Notes so well executed, that I defy any Officer not constantly in the habit of examining Bank Notes minutely, to have told the false from the genuine paper. 3. In the forgeries of Company’s paper which occurred some years ago, the Bank of Bengal as casual endorser of part of the forged Promissory Notes, was advised that it could mot possibly legally resist the liability occasioned by such en- dorsement, and was accordingly glad to compound for a ready money cash payment with the holder. 4. I imagine that Government would be equally liable for endorsed Bank Notes, and as Collectors do not send the whole of the Bank Notes they receive to the Sub-Treasurer, but on the contrary, are specially ordered to re-issue all they can, I do not see how they can possibly guard against being imposed upon, and against the spurious Notes endorsed by them, finding their way back into circulation. 5. I may add, in conclusion, that it is not the practice of Merchants to endorse Bank Notes under any circumstances. Had there been any use to them in doing so, they doubtless would do it; the usual plan is simply to keep a Register of the numbers and dates of all Notes of 50 Rupees and upwards received and issued, and SU DDER BOARD OF REVENUE. 21 . Muhals in Pergunnah Furkeeah under charge of Mr. E. Drummond. º this, if not already in force, should, I think, be insisted on with respect to dll Bank Circular, No. 427. Notes passing through the hands of public Officers in the Mofussil. It is the en- Jan. 16, 1838. J dorsement alone that I object to. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. REvenue. I am directed by the Honorable the Deputy Governor of Bengal to acknowledge the receipt of your letter, No. 574, of the 21st ultimo, with its enclosure from the Revenue. Accountant, and to request that you will inform the Board in reply, that under the circumstances stated by Mr. Dorin, his Honor is pleased to revoke the orders of the 26th September last, by which Collectors were directed to endorse all Bank of Bengal Notes paid into their Treasuries on whatever account. 2. The Board are requested to carry into effect the plan of registry alluded to in the concluding paragraph of Mr. Dorin’s letter, if the same be not already in force. NO. GCCCXXVIII. TO THE COMMISSIONERS OF REVENUE. January 23, 1838.-No. 11. O | AM directed by the Sudder Board of Revenue to forward to you, for communication to all Collectors and independent Deputy Collectors under your control, for their information and guidance, whenever they may meet with difficulty in carrying into effect the new system of Accounts, the accom- panying copy of a letter from the Accountant in the Revenue Department to the Deputy Collector of Monghyr, under date the 2nd instant. LETTER FROM THE REVENUE ACCOUNTANT, TO THE DEPUTY COLLECTOR OF MONGHYR. I have the honor to annex for your information, copy of a letter to my address from the Officiating Secretary to the Sudder Board of Revenue, dated 7th November last, together with a copy of its enclosures, on the subject of Accounts of Khas • 2. It is to be regretted that Mr. Drummond did not correspond with you on the subject in question prior to his reference to the Commissioner thereon, since, if the Khas Muhals under his charge be not recorded on your Rent-roll, as is proba- bly the case, it is not improbable that there are other Muhals of a like character on your Towjee, or in your District, the alterations in the accounts of which rendered necessary by the discontinuance of the Fuslee year as a year of account, would be applicable equally to the Khas Muhals of the Pergunnah now under reference. F -Y- No. 428. Misc. DEPT. Difficulty in car- rying into effect the new system of Accounts to be obviated in the mode pointed out by the Accountant in the Revenue Department. 22 CIRCULAR ORDERS, Circular, No. 428. 3. In the 3rd para, of his letter to the Commissioner of the 31st August Jan. 23, 1838._j (which letter embraces the real circumstances of the case) Mr. Drummond appears to Y- have properly described the difficulty which is to be provided for. The portion of demand appertaining to the last 5 months of the Fuslee year, he has apparently no difficulty in ascertaining ; with respect, however, to that portion belonging to the first 7 months for which he can give no demand, as the Jummabundee is not formed until after the seventh month, I would recommend that he assume as the demand for that period of any year the collections in the first seven months on account of that year, the difference between the collections of the seven months and the demand for the whole year being rated as the demand of the last 5 months of the year, or of any one of them ; by this means the demand of the last 5 months will be open to collection during the whole period of twelve months as current Revenue, and the collections on account of the first 7 months (the demand for that period) whatever they may be, can be leisurely made without distressing the ryots. 4. You will be good enough to communicate the tenor of these instructions to the Officer in charge of Khas Muhals in Pergunnah Furkeeah, with a request that he will do me the favor to correspond with this office in future in matters con- nected with Accounts, either directly or through you, as may be convenient. If the proposition made by me have not the approval of yourself and Mr. Drummond, or be considered impracticable, I shall be glad to learn whether you can suggest a better mode of obviating the difficulty which Mr. Drummond experiences in carrying the new system of Account into effect. I shall also be obliged by your informing me if the Muhals under Mr. Drummond’s management are recorded on your Towjee, and if mot, how he accounts to you for his collections 2 NO. CCCCXXIX. TO THE COMMISSIONERS OF REVENUE. ** No. 429. January 23, 1838.—No. 12. MISC. DEPT. Collectors and I AM directed by the Sudder Board of Revenue to forward, for the informa- Pºpuy.9°º tion and guidance of yourself and your Revenue subordinates, the accom- to report separately on management of panying copy of paras. 7, 8, and 9 of the Orders of Government in the Khas and Resumed g g Muhals. – Settle- Revenue Department, dated the 9th instant, No. 53, and of paras. 4 and 5 ment of Resumed of Government Orders bearing date the 28th November last, No. 1710. - tºº. 2. As now directed, you will be pleased to instruct the Collectors and -Manner in which Deputy Collectors under your control, to report separately,on the management Government Es- lates should be set of Khas and Resumed Muhals. tled. 3. The settlement of Resumed Estates must be always made, you will observe, with the Lakhirajdars, conformably to recent Rules. (ºr SUDDER BOARD OF REVENUE. 23 4. Paragraphs 4 and 5 of the Orders of Government, dated 28th º, * #9. November, and para. 8 of the Government Orders, No. 53, of the 9th instant, CT. Tº Y. explain the manner in which Government Estates should be settled. EXTRACT FROM A LETTER FROM THE OFFICIATING SECRETARY TO THE GOVERNMENT OF BENGAL, REVENUE DEPARTMENT. PARA. 7. His Honor observes that the Board’s report from paras. 14 to 28 relates to the management of Khas and Resumed Muhals. The Board, in the opinion of the Deputy Governor, should have reported separately on the management of each of these two descriptions of Estates. 8. The Khas or Government Estates should be settled in the manner explain- ed in my letter, No. 1710, of the 28th November last, upon the Chittagong opera- tion report. 9. Of the Resumed Estates the settlement should be made with the Lakhiraj- dars, conformably to the recent Rules. EXTRACT FROM A LETTER FROM THE OFFICIATING SECRETARY TO THE . GOVERNMENT OF BENGAL, REVENUE DEPARTMENT. PARA. 4. The Deputy Governor considers the present system of managing O Government Estates to be generally defective ; and being desirous that a system should be adopted calculated to ensure the realization of the actual rental of the Estates, and also to promote the prosperity of the cultivators, he would be glad to be favored with the opinion of the Board as to how far those two important objects would be likely to be attained by adopting the following suggestions. First. An Estate becoming the property of Government by purchase or other- wise, should be, as soon as possible, surveyed by a Professional Surveyor, and its - boundaries marked in a durable manner. Should no Professional Surveyor be available, a native Ameen might be employed, his work being closely and constantly followed and tested either by the Collector in person, or by one of his trust-worthy subordinates. © Second. The Surveyor or Ameen should ascertain and record the number of holdings or farms composing the cultivated portion of the area of every village included in the Estate, the quantity of land in each holding, with the numbers or names by which the several fields composing that quantity are designated in the village accounts, the name of the occupant of each holding, and the amount of the rent paid by him annually for each field in the three past years. Third. Each holding should be considered a distinct farm, and the aggregate amount of the annual rents paid in the past 3 years for the several fields composing it, should be recorded as the rent to be demanded from the occupant, to whom, if willing to engage for that rent, a lease should be granted for 3, 5, 10 or 20 years, as might be deemed most advisable. The lease should specify the several fields comprised in the holding, and the lessee should be made clearly to understand that 24 CIRCULAR ORDERS, Circular, No. 429. during” the term of the lease he would not be required to pay a single Rupee in Jan. 23, 1838. \ Y- No. 430. MISC. DEPT. Hookamee Te- mures, less than 100 Beegahs, situ- ated within the limits of a perma- mently settled Es- tate, escheat to Government, if the Lakhirajdars - die without heirs. , addition to the specified rent, whatever kind of produce he might cultivate. Fourth. Advances of money, bearing a moderate rate of interest, to enable them to cultivate their lands without subjecting themselves to the ruinous demands of native money-lenders, should be made to the ryots, who take leases for their holdings, on the above terms. Fifth. The Putwarree of each village included in the Estate should receive a liberal salary, and in addition to the duty of keeping the accounts of the village, should be employed to collect the rents assessed on the several holdings comprised in it. O Sixth. As many Estates thus settled as could be efficiently superintended by one person, should be committed to the charge of a Deputy Collector under Regula- tion IX. of 1833, the superintendence of which should be his sole duty. 5. By adopting such a system of management as that above suggested, the Deputy Governor is of opinion that the improvement of Government Estates would be far more likely to be ensured than by selling them, as recommended by the Board, to private individuals at a Jumma fixed for perpetuity, by which the cultiva- tors would be again exposed to the impoverishing exactions and the other many evils of Zemindaree management. NO. CCCCXXX. TO THE COMMISSIONERS OF REVENUE. January 23, 1838.-No. 13. I AM directed by the Sudder Board of Revenue to forward to you, for your information and that of your subordinates, the accompanying copy of a letter, from Government, dated the 2nd January, No. 50, from which you will perceive that his Honor the Deputy Governor of Bengal is of opi- nion that a Hookamee tenure, less than 100 Beegahs, situated within the limits of a permanently settled Estate, escheats to Government if the Lakhi- rajdars die without heirs, but his Honor would not consider it expedient in any case for Government to enforce this right. © LETTER FROM THE SECRETARY TO THE GoverNMENT of BENGAL, to THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. REVENUE. I am directed to acknowledge your letter of the 12th instant, No. 634, with its enclosures, and to communicate in reply as follows. 2. The Honorable the Deputy Governor, with reference to Clause I. Section 4 of Regulation XIX. of 1793, which admits the proprietary right in the land included SUDDIER BOARD OF REVENUE. 25 ... in Hookamee rent-free tenures to be vested in the Lakhirajdars, is disposed to Circular, No. 430. concur with the majority of the Board, that a Hookamee tenure, less than 100 Jan. 23, 1838. Beegahs, situated within the limits of a permanently settled Estate, escheats to Government if the Lakhirajdars die without heirs. 3. His Honor however entirely acquiesces in the Board’s opinion that it would not be expedient to enforce such right, and he is therefore willing to waive it in favor of the Zemindar both in the Rungpore case, forming the subject of your enclosure, which has occasioned the present reference, and on all future similar occasions. 4. The enclosures of your letter are herewith. returned, copies having been J Y kept for record. Q -º-Oºm- NO. CCCCXXXI. TO THE COMMISSIONERS OF REVENUE. January 23, 1838.-No. 14. º No. 43 I. © MISC. DEPT. AM directed by the Sudder Board of Revenue to forward, for your Names of Officers º gº ho d t l information, and that of the Revenue Officers under your control, the ...". accompanying copy of para. 54 of the Board's address to Government, he handed up to Government. regarding the Bhaugulpore Operation Report for 1836-37, and of para. &is ost. 1837—No. 563, 9th Jan. 20 of the orders received in reply, dated 1838—No. 53.) respectively as per margin. EXTRACT FROM THE BOARD'S ADDRESS TO GOVERNMENT. PARA. 54. Except in Bhaugulpore, all these inaccuracies are without explana- " tion, which will however be called for ; but the Board regret to add that all the pains taken in their office to obtain correct revised Returns from the Mofussil in the past seasons have been unavailing : labor is thrown away in detecting inaccuracies which are never reconciled, and manifest errors still stand on the Returns uncorrect- ed. The local authorities will be instructed on the present occasion, not only to explain past, but to prevent future discrepancies, and they will be informed that the Board will report for the notice of the Right Honorable the Governor, and for such . orders as he may deem necessary, any continued indifference to the important duty • of furnishing accurate statements of this description, which are required for the infor- ... mation of the Local Government and the Home Authorities. EXTRACT FROM A LETTER FROM THE SECRETARY TO THE GOVERNMENT QF BENGAL, REVENUE DEPARTMENT. PARA. 20. The Board’s Resolution (para. 54) to hand up for the censure of Government the names of the Officers, who do not render correct Returns, is approved. © G. 26 CIRCULAR ORDERS, NO. CCCCXXXII. TO THE COMMISSIONERS OF REVENUE. No. 432. January 30, 1838.—No. 15. MISC. DEPT. T o º The whole of the HE Sudder Board of Revenue having observed that in several of the balances due '. Lotbundees which have been transmitted to this office, the whole of the *º: balance due from the Muhal up to the date of the advertisement, inclusive inclusive of all dº of all demand for interest, has not been stated, as directed by the Board's mands for interest to be stated in Lot- Circular Orders of the 16th July, 1833, No. 21, modified by Orders of 9th bundees. January, 1837, No. 5, I am desired to request that you will call upon the several Collectors subordinate to you to be careful in the observance of this rule in future. NO. CCCCXXXIII. O TO THE COMMISSIONERS OF REVENUE. No. 433. February 6, 1838.-No. 17. Misc. DEPT. The Wernacular I AM directed by the Sudder Board of Revenue to forward for your *: b *: information, and for communication to all the Revenue Officers under your tuted for, Persian control, the accompanying copy of a Resolution passed by the Honorable the lººr Deputy Governor of Bengal, under date the 23rd ultimo, directing that in • the Districts comprised in the Bengal Division of the Presidency of Fort William, the Vernacular language of those Districts shall be substituted for - the Persian in Judicial and Revenue Proceedings, and that the period of twelve months from the 1st ultimo shall be allowed for effecting the substitution. 2. The Board desire your particular attention to the 2nd and 3rd . paragraphs of the Resolution. 3. You will have the goodness to report the progress made in the introduction of the measure on the 1st July and 1st January next respectively, . in order that the Board may be enabled to comply with the orders. of - Government on that head. RESOLUTION. O Judicial and Revenue Department, the The President of the Council of India in Coun- 23rd January, 1838. cil, having been pleased on the 4th ultimo, in conformity with Section 2, Act XXIX. of 1837 to delegate to the Deputy Governor SUIDDER BOARD OF TREVENUE. 27 • of Bengal, ai the powers given to the Governor General in Council by that Act, Circular, No. 433. e P Feb. 6, 1838. the Deputy Governor has resolved that in the Districts comprised in the Bengal U_ J Y- Division of the Presidency of Fort William, the Vernacular language of those Dis- tricts shall be substituted for the Persian, in Judicial Proceedings and in Proceedings relating to the Revenue, and that the period of twelve months, from the 1st instant, shall be allowed for effecting the substitution. His Honor is sensible that this great and salutary reform must be introduced with caution, involving as it does the complete subversion of an old deeply rooted system. O Q He therefore vests the various heads of Departments with a discretionary power to introduce it into their several offices and those respectively subordinate to them, by such degrees as they may think judicious, only prescribing that it shall be completely carried into effect within the period abovementioned. For his Honor’s information, a report of the progress made in the introduction of this measure will be required on the 1st July next, and again on the 1st January, 1839. O Ordered, that a copy of the above Résolution be transmitted to the General Department for the issue of instructions to the above effect in respect to the Officers subject to that Department. NO. CCCCXXXIV. TO THE COMMISSIONERS OF REVENUE. February 20, 1838–No. 19. O I AM directed by the Sudder Board of Revenue to transmit to you the accompanying extracts, paragraphs 4 and 7, from a letter from the Secretary to Government, Revenue Department, No. 1824, dated 19th December last. 2. You will be pleased to furnish the information required in the 4th paragraph of the Government letter with the least practicable delay. 3. You will observe from the latter paragraph that the return of Appeals of summary suits preferred against the decision of the Collectors, and their stubordinates, need no longer be submitted. 4. The suits referred to the Civil Court, should be entered in the figured columns with the decided cases “as disposed of,” and the number thus referred should be stated in the column of remarks, which should also show the date of the oldest suit pending at the end of the quarter. 5. You will be pleased to direct the several Collectors to transmit their respective returns immediately the quarter has expired, so that they No. 434. Misc. DEPT. Instructions re- lative to the Re- turn of summary suits to final deci- sion. Order pre- scribing Statement of Appeals to Com- missioners on Sum- mary Suits re- Scinded. 28 CIRCULAR ORDERS, Circular, No. 434. may reach this office at the latest by the 20th of the succeeding month: any • Feb. 20, 1838. C ...” deviation from these orders will be seriously noticed. EXTRACTS FROM A LETTER FROM THE SECRETARY TO THE GOVERN- MENT OF BENGAL, REVENUE DEPARTMENT. PARA. 4. It is not to be gathered from the statements now supplied, how long is the average time taken by summary suits from institution to final decision. It is desirable, his Honor thinks, to know this ; and it is requested that the information may be supplied in future. . O 7. The letter of Mr. Secretary Thomason, dated 4th September, 1837, prescrib- ed a statement of appeals to Commissioners in summary suits.-This statement not having been prescribed to Commissioners by the Resolutions (approved by Govern- ment) of the Statements’ Committee, the Orders of 1832 regarding it must be held to be virtually abrogated. It will not, therefore, be necessary to furnish such a statement, and the Deputy Governor requests that the orders regarding it, issued by the Board to the Commissioners, may be recalled. = pences and risks. at the time of settlement, to be paid to him by the Collector. O SUDDER BOARD OF REVENUE. 43 NO. CCCCL. TO THE COMMISSIONERS OF REVENUE. May 29, 1838.-No. 39. No. 450. Misc. DEPT. wº) © I AM directed by the Sudder Board of Revenue to transmit to you, for Payment and the information ahd guidance of the Collectors and Deputy Collectors, in *.*.*. charge of Treasuries in your Division, copies of a letter from the Deputy Surveyor General to the address of the Secretary to Government, Revenue Department, and of the Government Order, received in reply, relative to the payment and audit of the monthly bills of Surveyors. LETTER FROM THE DEPUTY SURVEYOR GENERAL, TO THE OFFICIATING SECRETARY TO THE GOVERNMENT OF BEN GAL. The delay and inconvenience which attend the existing mode of auditing the Survey bills in Bengal, having been represented by some of the Surveyors, I do myself the honor to annex extract of a letter from Mr. Secretary Macsween, dated 25th November, 1833, and to suggest that the mode therein proposed (which has since been followed in the North Western Provinces) be in future adopted respect- ing the monthly bills of the Eastern Surveys. 2. The document above referred to was not at hand when my countersigma- ° tute was adverted to in No. 105 of 12th January last. EXTRACT OF A LETTER FROM MR. SECRETARY MACSWEEN, TO THE SUD. DER BOARD OF REVENUE, WESTERN PROVINCES. {xe His Lordship in Council concludes that the expense charged in these bills for Native scholars is included in the establishments sanctioned on the 22nd September * last, and is not in excess of those establishments, and it occurs to him that as soon as the new establishments shall have come into operation, the authorized Survey charges of all the Divisions should be included in one abstract monthly, the Deputy Surveyor General should be authorized to pass all the items that have been sanc- tioned by Government, and the original bills being returned to the parties with © Captain Bedford’s endorsements will be sufficient authority for the payment of the amount by the disbursing Officers, who will transmit the abstract to the Civil Audi- tor. The Civil Auditor will consider the superscribed order as sufficient authority to audit the bills within the authorized scale of each establishment—the necessary details being as usual entered on each schedule, with a declaration on honor by the Surveyor drawing for the amount. 44 CIRCULAR ORDERS, Circular, No. 450. May 29, 1838. \ J Y- No. 45 l. MISC. DEPT. Penalty attach- ing to Covenanted Officers employing their subordinates in matters of pri- vate trust. No. 452. MISC. DEPT. Quarterly Returns of settlements how to be prepared. LETTER FROM THE OFFICIATING SECRETARY TO GOVERNMENT, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. REVENUE. In reply to your letter No. 182 of the 17th instant, I am directed by the Honorable the Deputy Governor of Bengal to forward for the information of the Board, copy of a letter this day addressed to the Civil Auditor. The enclosures of your letter are herewith returned, copies having been kept for record. LETTER FROM THE OFFICIATING SECRETARY TO GOVERNMENT, TO THE CIVIL AUDITOR. 4. REVENUE. I am directed by the Honorable the Deputy Governor of Bengal to transmit copy of a letter from the Deputy Surveyor General, with its enclosure, and to request that the course proposed by him for the audit of the monthly bills of the Eastern Surveys may, in future, be adopted. {J} No. CCCCLI. TO THE COMMISSIONERS OF REVENUE. May 29, 1838.—No. 40. AN instance having come under the notice of Government of an Officer holding the situation of Collector and Magistrate, employing his Treasurer in a matter of private trust, in contravention of Section 13, Regulation II. of 1793, and Clause II. Section 2, Regulation VIII. of 1825, I am directed by the Sudder Board of Revenue, in conformity with Orders of Government, dated the 15th instant, to desire that you will direct the attention of your subordinates to the Regulations quoted, and point out to them the severe penalty to which they may be made liable by any infraction of their provisions. *Oºm- No. CCCCLII. TO THE COMMISSIONERS OF REVENUE. ** June 8, 1838.-No. 41. THE Sudder Board of Revenue having had before them some of the Quarterly Returns of settlements submitted in conformity with Circular Orders of the 27th October, 1837, No. 78, direct me to communicate the following instructions. * SUDDER BOARD OF TREVENUE. O 45 2. The statements contain,” as required, settlements of each descrip- tion specified in the Circular Order above referred to, including all tempo- ( rary leases preparatory to settlements properly so called. One of the objects contemplated by Government in exacting these Returns, was to afford a check by which the Revenue Accountant could note the additions to, or changes in, the Rent-roll, but as temporary arrangements of the nature adverted to involve no such change, the insertion of them, in detail, not only entails unnecessary trouble upon the Logal Officers, but is likely to lead to confusion. \ 3. You will be pleased, therefore, in preparing these Returns, to enumerate in detail only settlements properly so called, which involve a change in the District Towjee ; and you will add, for the Board's informa- tion, in one of the duplicate Returns, a memorandum shewing the number and aggregate Jumma of the preparatory temporary settlements which you may have sanctioned in each District. NO. CCCCLIII. TO THE COMMISSIONERS OF REVENUE. June 12, 1838.-No. 42. I AM directed by the Sudder Board of Revenue to request that you will instruct the several Collectors, subordinate to you, whenever they may omit to hold a sale on the day specified in the advertisement (the balance not having been liquidated) to record distinctly on their proceedings the reasons which may have led to the omission. 2. You will also inform the Collectors, that in all cases where a sale is prevented by the balance being reported to have been paid, it is their bounden duty to test such reports by every available means at their com- mfand ; and that on the omission of so important a duty, they will be held responsible for any amount for which temporary credit may be given to a defaulter on a false representation of its having been realized. Circular, No. 452. June 8, 1838. J TY No. 453. Misc. DEPT. Reasons to be recorded on pro- ceedings, when a sale does not take place on the adver- tised date. — Re- ports of amlah as to payment of balance to be tested, 46 CIRCULAR ORDERS, No. 454. MISC. DEPT. Statement grounds of appeal against a resump- tion Officer’s decree to be sent together with a copy of the decision, to the fºoard, to enable them to file the necessary pleading in the Special Com- missioner’s Court. Stamped paper need not be for- warded. No. 455. MISC. DEPT. Instructions to be observed when it is proposed to sell landed property be- longing to minors or other disquali- fied proprietors in satisfaction of pri- vate debts incurred by former proprie- tors, previously to an Estate being brought under the Court of Wards. NO. CCCCLIV. TO THE COMMISSIONERS OF REVENUE. June 16, 1838.-No. 43. of THE Sudder Board of Revenue having had under their consideration the present mode of conducting appeals preferred to the Special Commissioners by the Commissioners of Revenue against the decisions of the resumption Officers, direct me to call your attention to Section W5 of the Rules of Practice annexed to Regulation III. of 1828, and to request that you will, in future, upon referring any case to the Special Commissioner for revision and final orders (which you are of course competent to do of your own authority under the 39th Rule of Practice, circulated by the Board on the 2nd March, 1829), forward to this office a statement of the ground on which you are dissatisfied with the resumption Officer's decree, together with a copy of the decision, upon the receipt of which the necessary pleading will be prepared and filed in the Special Commissioner's Court. 2. In consequence of an arrangement recently sanctioned by Govern- ment for supplying this office with the Stamps required for the conduct of Government suits pending in the Presidency Courts, it will not be necessary for you to forward the Stamp paper as has hitherto been the practice. -ºšOºm- NO. CCCCLV. * TO THE COMMISSIONERS OF REVENUE. July 3, 1838.—No. 44. THE Sudder Board of Revenue having ascertained the sentiments of the Honorable the Deputy Governor on the subject of the sale of landed property belonging to minors or other disqualified proprietors, in satisfaction • of private debts which may have been incurred by former (major) proprietors, . previously to an Estate being brought under the jurisdiction and manage- ment of the Court of Wards, direct that the following instructions be circu- lated for the guidance of all Commissioners and Collectors. 2. Whenever it may be proposed to sell a portion of a Ward's Estate, in liquidation of a debt incurred by a former proprietor then not a minor, SUIDDIER BOARD OF REVENUE. 47 2 it will be necessary for the Commissioner to furnish such information as may satisfy the Board that the debt claimed is justly due, and that its C liquidation cannot be so advantageously effected in any other way. 3. The sale of a Ward's Estate in liquidation of debt, though effected by public auction will, of course, be in Law a private transaction, and the Estate so sold will continue burthened with all the liabilities to which it 2 would have been subject, had it been sold in satisfaction of a decree of Court. 4. Should an arrear of Revenue be due to Government from the Estate sold, such arear should not be deducted from the proceeds of the sale, but should, in the sale advertisement, be declared payable by the purchaser, who would not in that case object to pay the arrear, as he would have regulated his bid with reference to its amount. No. CCCCLVI. TO THE COMMISSIONERS OF REVENUE. July 3, 1838.-No. 45. ſº I AM directed by the Sudder Board of Revenue to send you the accom- , panying revised forms” for the annual Operation Report. 2. The object of the Board in making this revision has been to render the forms as simple as possible, so as to obviate all chance of their being misunderstood, and to ensure their accurate and speedy preparation. 3. Explanatory notes have been inserted in the speciraen forms herewith transmitted ; you will have the goodness to forward a set to each of the Khas Muhal Officers in your Division, and enjoin their heedful and particular attention to the instructions therein contained. 4. Statements F and G are to be discontinued, the information furnish- ed by them being otherwise supplied. . . * 5. The detailed statement D is also dispensed with, and an abstract form has been substituted, shewing, at a glance, the condition in regard to settlement of all the Muhals entered in A and B, and connecting those statements with the Returns of settlement Operations, C and E, thereby securing accuracy and facility of reference. * These forms have been superseded by more recent ones. & } Circular, No. 455. July 3, 1838. N- M. No. 456. Misc. DEPT. Revised forms for Annual Opera- tion Report with instruction. 48 CIRCULAR ORDERS, o º N; º 6. The report of the Commissionér by chapters and heads is to " 3, l 3 O tº * wº º S- uly Y- _j be discontinued, and the observations which each statement may appear to call for are to be entered therein in the column of remarks. These observations are to be full and particular, and need not be limited by the size of the column, but may extend, if necessary, over the back of the sheet. With reference to this subject your attention is directed to the Orders of Government, dated 20th December, 1836, promulgated in the Government e Gazette of the 24th of the same month, and according to the instructions therein contained, you are required to notice particuſarly the merits of your subordinates with reference to the results exhibited by the several statements. It will, of course, be at your option to offer any general or comparative remarks in the letter with which the Operation Statements are submitted. O 7. A sufficient number. of sets of the new forms will be supplied to you immediately, and as the Returns have been so much abbreviated and simplified, and as (if the Accounts and Registers are duly kept) there O can be no difficulty in filling up the forms, nor any reason why the exertions necessary to that end should not be as easily made in July, as two or three months later in the season, the Board earnestly request that * The 15th of August was the day fixed, in conformity with the former requisition,” but in consequence of the alteration of & forms, the Board postpone the date, for and to enable them to meet the pressing this year, to the 31st idem. demands of Government for early reports of the progress made during the past, and of the proposed operations of the ensuing season, your general report may reach them before the 31st proximo. It will be obvious to you that the value of such Returns must be greatly depreciated by their late receipt ; and that the credit of the Revenue administration is materially involved in the ability of the Board to lay a general precis of the proceedings of the Officers subordinate to them, in some of the most important departments, before the Government, O O and eventually before the Authorities in England, with business-like com- pleteness and punctuality. . § Statement shewing the disposition and management of Estates the bonā fide property of Government, including Estates purchased at public A. \ sales and escheats, also Churs or Islands surrounded by water not fordable, and declared liable to assessment as being Government property under Clause III. Section 4, Regulation XI. of 1825 in the District of from the 1st May, 1837 to 30th April, 1838. 1 2 Demand. Collections. 9 10 11 12 —º. 3 4 5 6 7 8 –- Cº- ºt c. 4:2 . " * & terms of commendation or Number of Muhals in last year’s statement, . . . . . . . . . . . . to º Number. borne on the Present Jumma as otherwise, as the case may Deduct returned to former Proprietors, expunged as dilu- viated or otherwise withdrawn, . . . . . . . . . . . . . . . . . . . . . . Add purchased from 1st May, 1837 to 30th April, 1838,.. Churs, &c. e e a e e e e s e e s e o e e s e º e o e e e o e e o e s e s a e o e a s a s e Total,. . . . . . . . Towjee. entered above. J Rs. A. | P. Rs. TATP. NoTE.—It will of course be understood that column 3 shews the actual Jumma according to which the collections are made and has nothing to do with the Sudder Jumma borne on the Towjee. Column 9 is to include all extra charges for Tehseeldars, &c., but will not comprehend the salary and establishment of a Deputy Collector or other Officer appointed by Government. The employment of such Officer with a specification of Farms or settlements concluded during the year are not to be entered as such unless the leases have taken effect within the year. (a) It will be perceived that the object of this memorandum is to connect the statement for the year of report with that for The total number of Muhals exhibited in the latter statement is to be brought forward, and his duties will be noted in the column of remarks. the preceding year. the removals and additions which make up the number in the present statement distinctly accounted for. be, upon the conduct of their subordinates. The Collector must invariably mention in his remarks the amount of the Collections and amount Jumma of the previous year. ~ < : t B. r < ; |- Statement shewing the disposition and management of resumed Muhals not the property of Government, including Muhals managed by. Government Officers on account of the recusancy of the proprietors in the District of from 1st May, 1837 to 30th April, 1838. U I 2 Demand. Collections. 9 10 11 12 3 4 5 6 7 8 * sº * † ‘5 ‘5 d5 – c. 33 tºs- co = - QX S 5 --> CO rº OO cc; g 3 O P-4 &l- *4 *; .# Rºe †: † ": &4– º tº gº. -- O ‘5 # = 3 à oð 3.5 o 3 = • ‘E Remarks by the Remarks by the Muhals. § cº ; g T. 3 * 3 : § 5 # gå Collector. Commissioner. -B tº H $2 tº -: *s * a —; boº; º 3 3 : à oð 3 spº $ OO 3- § ; : :9 3 : 5 3 3 co +3.52. O tº r- s: 3 O = |& 3 ce; GD O Z . Hº ſº 8- O O E- O po co D --- Permanently settled, .... O See Remarks in Farmed on temporary leas- es pending settlement. Seer [viz. Estates under the immediate manage- ment of the Collector or Khas Muhal Officer of which no settlement ( has been made.]...... O Total, . . . . J Detail of the number of Muhals. (b) On the last year's statement, .. gº º * tº e G & ſº tº º e G tº gº & ſº © Deduct remoyed to the District Towjee, tº º tº gº tº º tº gº tº o e e C ºn tº e © & º Settlements, having been confirmed, .. tº º e G e tº tº º tº º tº º tº gº tº º Resumptions reversed in appeal, .. tº ſº tº º tº gº ºn tº º & Cº. tº e º te tº e Added to the list during the year, tº e § {\ e tº tº e Q is tº e tº e © e tº º Total, tº gº tº e © e tº º NotE.—All resumed Muhals must remain on the list until the settlement is finally confirmed and they are borne on the District Towjee. Settlements and farms concluded during the year not to be entered as such, unless the leases shall have taken effect within O the wear. 4’ e O (b) See Note (a) Statement A. Statement A. 3. SUDDIER BOARD OF RIEVENUE. A D C. General statement of progress in settlement effected in the District of between the 1st May, 1837, and the 30th April, 1838. Govt. Muhals from state- Resumed Muhals from I 2 ment A. statement B. 7 8 9 ---, 4 5 6 * | . c. 92 D. --> q> 3|+5 ºr £, Ryotwarree | Tempy, set-| Permanent ||= #3 g Z # à|5 Let in farm. settlement. tlement. settlement. A £3 & º O | 8 fe 3 = % - a 3 & P- ‘5 § 3 ; ; : 33 * =4 ©- o ſº 3 || 8 * ... à § : ; ; ; º * | Remarks by the § .º J 5 a 3 3 *2 = | by the Commissioner 's ‘E § cº; a; & § cº 5 & § - gº ~3 T 3"|Collector. e "d a --> , ſº -C .# 3 ::, ; } tº a ###| 5 || 5 |#| 3 |#| 5 |####### cº 5 d =5 E. -3 d p E. d º B: o, 8 Ö gº dº Z dº. 2, Hº Z hº Z Hº Z. Hº 24 Rs. A.P Rs. |A.JP Rs. A.I.P. Rs. A.P. Note. The Mu- The remarks in these hals in this columns will contain column must a full notice of the * re-appear in work performed by statement E. the different Officers, and the manner in which it has been done. They will of course explain any apparent deficiencies, and generally give such explanation as may enable the Board and the Government to form a judgment on the operations of the season. D. J Abstract shewing the state as regards settlement of all the Muhals exhibited in statements A and B. l 2 3 4 5 6 7 *—s bſ) º Q) --> Cl) • º O § 5 § 3 || 3 4 5 § 3 3–s (a 3 : 3 : o Cº - 5 Qi.) 89, 3.3 Tº sp a J r- C. C. -C .5 3 ** 3 | E S is ºf * @ & & E 5 : " : ; 5 # 3 # bp 3 Remarks by the Remarks by the Commis- e • gº gº. &=s * Form. ## |## E 2 #| * * * : # so Collector. SIOIlêI’. # |#####| # 2 ºr | ## J T; 3 || 5 # 5 #| # 3 & #5 # * # = 5 § 3 ; ; ; ; ; ; § S. H Z CMO pd A. This statement is merely in- tended to connect C and D e 2 E with A and B, and to p B ensure accuracy, and faci- y e lity, of reference. These columns should contain Total, .. any explanation which NotE.—Column 2 of this abstract must exhibit the same number of Muhals as are, entered in statements A and B. Column 4 will correspond with the aggregate of columns 3, 4, 5, and 6 in statement C. Column 5 will shew the number of Muhals to be entered in statement E. The aggregate of columns 3, 4, and 5, will of course make , up the number entered in column 2. may appear necessary, re- garding the Muhals enter- ed in column 3. C Circular, No. 456. —N/-. July 3, 1838. — -*- i | | 2 Disposition of settling Officers for the ensuing season of operations. Number and estimated Ruqbah and Jumma of Muhals to be settled by him in the ensuing season. (Form A the property of Government.) 6 3 Number and estimated Ruqbah and Jumma of Muhals to be settled by him in the ensuing season. (Form B of resumed Muhals.) E. 4 Number and estimated Ruqbah of Muhals not provided for in the pre- vious columns to be marked A for Government, and B for resumed Muhals. r- * : *- Estimated Ruq- bah. Estimated Jum- Iſla. Estimated Jum- Iſlö. Estimated Ruq- bah. Estimated Jum- IIl8l. Estimated Ruq- bah. Remarks by the Collector. Rs. A. | P. Rs. A. | P. | Rs. A. | P. | Remarks by the Commis- sioner. points for consideration. The nature of the remarks to be inserted in these columns is sufficiently obvious. It has not been thought necessary to detail the names of the JMuhals for settlement, but any which may be of suffi- cient importance to require specific mention will of course be noticed here. The means \, of providing for the opera- tions of the season, and the sufficiency or otherwise of the agency at the disposal of the local authorities are the chief - § b SUDDER BOARD OF REVENUE. 53 A A NO. CCCCLVII. TO THE COMMISSIONERS OF REVENUE. July 17, 1838.-No. 46. N order to guard more effectually against the frauds practised on Officers * in charge of Treasuries by claimants of arrears of pension, the Sudder Board of Revenue, with the approval and sanction of the Government, direct that the neglect to apply for payment of a pension for one whole year shall be held to vitiate the incumbent's claim, unless the cause of non-attendance shall be intermediately represented to the disbursing Officer, and be found on inquiry to be good and sufficient. 2. You will instruct the Collectors and Independent Deputy Collec- tors in your Division to have a notice to the 'above effect stuck up in their respective Cutcherries. NO. CCCCLVIII. TO THE COMMISSIONERS OF REVENUE. August 7, 1838.-No. 50. ITH advertence to the Orders of Government, dated 26th July and 20th December, 1836, communicated to you with the Board's Circulars, No. 39 of 20th August, 1836, and No. 7 of I6th January, 1837, I am directed to transmit for your information and that of your subordinates, the enclosed copy of a letter from Government, No. 1300 of the 24th ultimo, extending the modification of the Rules of 22nd February, 1831, to all resumptions of whatever description. You will not fail to observe that the P Government Orders of July and December, 1836, above quoted, referred exclusively to unregistered tenures. º , 2. You will communicate copies of this letter and of the Government Orders of 24th ultimo to all the Resumption Officers in your Division. FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. REVENUE. In reply to your letter, No. 133 of the 6th instant, giving cover to a memorandum by Mr. Tucker on the subject of the Rule of the 26th July, 1836, modified by the Order of 20th December following, I am directed to state, that the Honorable the Deputy Governor of Bengal concurs with Mr. Tucker in thinking O No. 457. Misc. DEPT. Neglect to apply for payment of a pension for a whole year vitiates thein- cumbent’s claim unless sufficient cause is shewn for non-attendance. No. 458. Misc. DEPT. Extension of mo- dification of Rules of 22nd Feb. 1831, to all resumptions, QP 54 CIRCULAR ORDERS, Circular, No. 458. Aug. 7, 1838. U Y- No. 459. MISC. DEPT. Rules for settling alluvial formations accreting to perma- mently settled Es- tateS. No. 460. MISC. DEPT. Shikmee tenures under 100 beegahs entitled, on re- that the Rule in question should be extended to all resumptions of whatever _j description. 2. The Board are, therefore, requested to issue the necessary orders to their subordinates for extending the Rule in the manner suggested. NO. CCCCLIX. TO THE COMMISSIONERS OF REVENUE. August 7, 1838.-No. 51. THE Sudder Board of Revenue have had under consideration the mode of settlement proper to be adopted in cases of alluvial formations attached to permanently settled Estates, concerning which no uniform course of procedure has hitherto been followed by Settling Officers. The following Rules are, therefore, circulated for their future guidance in such cases. 2. The alluvial accretion being an increment to the original tenure, the amount of Revenue which may be assessed upon it is an increase to the Jumma of the parent Estate. When, therefore, the Zemindar agrees to the assessment, and desires to engage as proprietor, the Jumma of the accretion should be added to, and included in, his original tahood; and the parent Estate, with its increment, should be constituted and considered a single Muhal, charged with the aggregate increased Jumma. 3. But if the proprietor should not agree to the assessment, or agree- ing to it, should object to include it in his tahood on account of the unstable nature of the accretion, or from any other cause ; the land must then be let in farm for a period not exceeding ten years, the usual Malikana allowance being reserved to the proprietor. But as the right of property in the accretion is derived from, and dependent on, the proprietary title to the parent Estate, it must be distinctly understood and recorded in the settlement proceedings that the new lands are to be considered an integral part of the original Muhal, and (as such) that the right of property in them will necessarily pass to the auction purchaser of the parent Estate, in the event of its being brought to sale for arrears of Government Revenue, -º-Oºm- No. CCCCLX. TO THE COMMISSIONERS OF REVENUE. August 7, 1838.-No. 52. T very frequently happens that, within the limits of a resumed Muhal, there are one or more subordinate or shikmee tenures under 100 beegahs | D SUDDER BOARD OF REVENUE. 55 A entitled, on resumption, to the favorable terms of settlement prescribed by Clause II. Section 8, Regulation XIX. of 1793, and as these have not been C : always treated by settlement Officers in the same manner, nor correctly, the following instructions are issued by the Sudder Board of Revenue to secure uniformity of practice in future. * Gross produce of shikmee tenure, 100 2. According to the Law above quoted, Jumma payable by holder to the * superior Migoozar,.............. 50 the Jumma of these tenures, payable by the On which allow 10 per cºnt, to the . { } @ superior Mijar....'...... 5 proprietor to the Malgoozar of the parent Remainder to be added to the Jumma Muhal, is to be fixed at one-half the gross ***P** “” “ ” produce ; and from this Jumma should be deducted an allowance of 10 per cent. to the Malgoozar for the risk and trouble of collection. Thus supposing the gross produce of the shikmee tenure to be assumed at 100 Rs. the amount Jumma" ultimately receivable by Government will be Rs. 45. 3. This allowance of 10 per cent. On the Jumma of the shikmee tenures is to be assigned to the Malgoozar of the parent Muhal, whether the latter be entitled to a settlement at half rental or otherwise. For, as the tenure formed no part of the assets of his Lakhiraj, and the settlement of it is made with him merely as a matter of convenience, all that he can under any circumstances be entitled to is an equitable remuneration for the trouble and risk of collection. * 4. The assessment of the superior and of the subordinate tenure are distinct accounts, and the results of the two are amalgamated to form the sudder Jumma of the whole Muhal. To shew that the above Rules have been duly observed, a memorandum in the form annexed is to be attached in future to each Settlement Statement, where tenures of the nature referred to may exist, exhibiting distinctly the assessment of the subordinate tenures and of the parent Muhal. Assessment of dependent talooks entitled to Assessment, of Muhal in the hands of sudder settlement under Clause II. Section 8, Regula- Malgoozar. tion XI.X of 1793. Gross produce, . . . . . . . . . . . . . . . . . . . . 200|Gross rental, . . . . . . . . . . . . . . . . . . . . 2,000 Deduct proprietor's share, . . . . . . . . . . . . 100|Proprietor's share, . . . . . . . . . . . . . . . . 1,000 J *=s Talookdaree Jumma, , . . . . . . . . . . . . . . . 100|Government Jumma, . . . . . . . . . . . . . . 1,000 Deduct Malgoozar's allowance, ........ 10|Add Govt. khiraj of independt, talooks. 90 ** Government Jumma, . . . . . . . . . . . . . . . . 90 Total Sudder Jumma, 1,090 gºmºmºmºmº fe Circular, No. 460. Aug. 7, 1838. -Y J sumption, to favor- able terms of set- tlement prescribed by Cl. II. Sec. 8, Reg. XIX, of 1793. Jumma how to be calculated. 56 CIRCULAR ORDERS, © No. 46 l. MISC. DEPT. Importance of re- porting cases de- cided against Go- vernment by Zillah Judges with the utmost despatch. Stamped paper for copy of decree to be deposited on passing of the de- CI'êC, No. 462. MISC. DEPT. Observatºbns re- lative to the best mode of ascertain- ing and checking the collections rea- lized from Muhals not on the Towjee O NO. CCCCLXI. TO THE COMMISSIONERS OF REVENUE. August 6, 1838.-No. 53. THE Sudder Board of Revenue having observed that cases decided against Government by the Zillah Judges are frequently not reported to this office, until the period prescribed by Regulation for appealſng to the Sudder Dewanny Adawlut has expired, instruct me to call your particular attention to the importance of furnishing these reports with the utmost practicable despatch and also to request, with reference to the provisions of Clause X. Section 8, Regulation XXVI. of 1814, that you will direct the Officers under your control to deposit, in all cases to which Government is a party, the stamp paper required for a copy of the Judge's decree immediately the decision may be passed, by which means the period between the pronouncing of the order, and the signing of the formal decree (which is frequently very considerable) will be excluded from the three months allowed for an appeal. -º-º-º- NO. CCCCLXII. TO THE COMMISSIONERS OF REVENUE. August 7, 1838.-No. 55. SoME correspondence has recently passed between the Sudder Board of Revenue and the Revenue Accountant, as to the best mode of enabling that Officer to ascertain and check the collections realized from Muhals not on the Towjee. I am desired to communicate to you the views of the Board upon the subject, and to request, that, after consulting such of the officers subor- dinate to you, as you may consider qualified to afford you useful information, you will favor them with your opinion as to the manner in which those views * , may be most easily and effectually carried into execution. * 2. The object at which the Board aim, and the difficulty of attaining which has occasioned this reference for your counsel, and that of the Officers most deeply concerned, is this ; the furnishing the Revenue Accountant with really effectual checks upon the collections realized from Muhals not on the Towjees of the several Districts, without adding so materially to the labors of the Collectors or of the Officers in charge of Muhals of that descrip- SUIDDER BOATRD OF RIEVENUE. 57 tº ...A 2 D ‘tion, as to cripple their still more essential exertions for their good manage- ment, and for their prompt assessment and annexation to the Towjees. 3. What the Revenue Accountant in the first instance required, will be Para. 10. For my proper guidance I should require from each Commissioner of Revenue ; first, a monthly statement of resumed Muhals finally declared liable to assessment directed by him to be added to the Superintendent’s or Khas Muhal Towjee. Secondly, a ditto ditto of Estates authorized to be transferred from the Superintendent of Khas Muhals to the Collector with the Jumma and a kistbundee thereof to be recorded on the Collector's Towjee together with a brief note of the terms of settlement, whether permanent or temporary. 11. I ought also to receive from each Superintendent of Khas Muhals a similar monthly memorandum of Estates actually added to and struck off his Towjee and transferred to the Collector ; the authority being quoted in both instances. In making these requisitions I assume that no Muhal is to be brought on the Superintendent's Towjee the right to assess which has not been finally decreed in favour of Govern- ‘ment ; if it is otherwise, which I understand it is not, I shall require some further information still on the subject of Muhals struck off a Superintendent's Towjee by reason of their being decreed by a compe- tent Court not liable to assessment. 12. Each Superintendent of Khas Muhals should furnish me annually through the Collector with a Jumma Wasil Baqee and Bakya Towjee in detail, precisely according to forms 3 and 5 or 6 of the form book, being the only detail I get at all, and fur- thér I should get from them an annual comparative statement of Jumma, shewing as well what has been added to, as what has been struck off, their Registers during the course of each year. found embodied in the passage quoted in the margin from his letter of the 16th of April last. The reply of the Board, dated the 29th of May, is appended. 4. The Board are inclined to think that the Officers in charge of Muhals not on the Towjee might, without any undue in- crease of labour, furnish the Revenue Ac- countant with the following statements and a2COuntS. Firstly. ' An annual statement to be forwarded at the commencement of each year of account, shewing the names of the Muhals actually under charge, in order from No. 1 to No. expected to be realized from each during , and an estimate of the Jumma the year. Secondly. in abstract and in the most simple form the A monthly Towjee, shewing demand of Revenue upon, and the met aggre- gate collections realized from, the Muhals in the above lists. Thirdly. An annual Jumma Wasil Baqee in detail at the end of each year,” shewing the Bukya as well as the Hal demand and collections. Fourthly. An annual comparative statement of the Jumma of Muhals not on the Towjee, to be drawn up in the form appended to this letter, maintaining the numbers used in the estimate. This should always accom- .pany the Jumma Wasil Baqee, and it would be very useful, as enabling the Accountant to ascertain at a glance where he is to look for a missing Muhal, and to be certain that the proper Officer brings it on his rent-roll. Such statements and accounts as these are, of course, at present prepared, in one shape or another, by the Officers in charge of Muhals not on the District * This Return should be drawn up according to form No. 3 of the form book, as suggested by the Accountant. ') P Circular, No. 462. Aug. 7, 1838. \--> -Y- 58 CIRCULAR ORDERS, tº e G e O tº , e. * Circular, No. 462. Towjees. There will, therefore, be no more additional labour, than that of Aug. 7, 1838. © tº o g e \– throwing them into the particular forms which may be prescribed. 5. The Board are aware that Estates on the District Towjee are occasionally under the management of the Officer in charge of the Khas Muhals, but it is to be understood, that such Estates are not to be included in the accounts it is now in contemplation to establish. These are to be confined to Estates not on the Rent-roll of the District. If the Officer in * charge of the Khas Muhals wishes to keep a record of his management, he can prepare a separate Towjce or Jumma Wasil Baqee of Estates on the Rent-roll of the District, which may be placed under his charge; but the two should never be included in the same account. 6. The Board request your early consideration of the subject, and a report of your sentiments upon it. You are, doubtless, aware that all the information which the Accouhtant at present possesses in regard to the collections realized from Muhals not upon the Towjees, is derived from the Treasury accounts of the Collectorates ; but he has no means whatever of ascertaining with what degree of accuracy those accounts represent the actual receipts from the Officer in charge of the Muhals in question.* The Returns which it is proposed to require would constitute a very useful check in the hands of the Accountant upon the Collector's Treasury Accounts; and the latter would, of course, enable him to test the correctness of the former. O 7. The Board request that you will understand that the whole subject, and not merely the expediency of their particular suggestions, is entirely open to discussion. ADDITIONAL PARA GRAPH TO CHITTAGONG. 8. I am instructed to add, that it has occurred to the Board, that with reference to the peculiar circumstances of much of the land not yet on the Towjee in Zillah Chittagong, scattered, in very numerous small patches, over a large tract of country, it might be expedient to make the estimate" and return of collections in regard to such lands in the aggregate, by Thanās" - or other local Divisions, with general totals. O * In the course of an investigation, which took place some years ago in consequence of embezzle- ments in the Treasury of Monghyr, it was discovered that several chelans of Revenue from Khas Muhals had been fraudulently carried by the Treasurer to the credit of Nizamut Muhals in balance. A. O SUDIDER BOARD OF REVENUE. 59 2 3. 2 FROM THE OFFICIATING SECRETARY SUDDER BOARD OF REVENUE, TO THE ACCOUNTANT IN THE REVENUE DEPARTMENT. I am directed by the Sudder Board of Revenue to inform you, that they have had before them your letter, No. 4296, of the 16th ultimo, on the subject of the Khas Muhal accounts, and that having given the question full consideration, they are of opinion that the supervision of those accounts must of necessity be left to the , local Commissioners—where the demand is so uncertain, where in many instances there can scarcely be said to be any absolute demand at all,—notwithstanding every care and precaution,-inaccuracies and discrepancies will continually occur, which can only be satisfactorily elucidated by an Officer on the spot or in frequent personal communication with the Superintendent. The Board do not consider it expedient to burthen you with a duty which would certainly be very perplexing, would involve a considerable increase of expense, and in all probability would be attended with no satisfactory result: and they are also unwilling without the occurrence of a para- mount necessity to make so considerable an addition to the labours of the Khas Muhal establishments, which are already considerably embarrassed by the number of periodical statements required of them. 2. The check adverted to in your 10th para, for ascertaining that all resump- tions are duly brought under assessment, has been already assigned to the Com- missioners. 3. It remains then merely to furnish you with the means of checking the Treasury accounts, for enabling you to ascertain that the sums there brought to credit correspond with the net collections from the Muhals not borne on the Rent-roll. "4. It appears to the Board that for this end you should be furnished with a monthly Towjee, shewing in-abstract and in the most simple form the net collections from such Muhals. 5. Another desirable object adverted to in your letter, and which it would seem, may be provided for without much additional trouble, is the ascertainment of the yearly increase to the public resources from the operation of the resumption 'Laws. This would be obtained by your being supplied with an annual comparative statement of Jummas. 6. If you are of opinion that the ends in view may be effectually attained by the monthly and annual statements above adverted to, you are requested to submit the forms which you would recommend, and the Board will then solicit the sanction of Government to their adoption. Circular, No. 462. Aug. 7, 1838. \ (→ –) 60 CIRCULAR ORDERS, Circular, No. 462. Aug. 7, 1838. \ –) Jumma Wasil Baqee of 1835-36. Y. Demand. Collection. Gross Balance. Remissions. Net Balance. Muhals. -*— §, = | #. = | #. = | #. = | #. -: ºld — 3 .* — | 3 ºld r: | } ->: + | 3 || 3 || 3 || 3 à | # | 3 || 3 | # | 3 || 3 | # | 3 || 3 || 3 || 3 || 3 || 3 || 3 No. 1 500 300 200; 9 100 100 2 400 400 3 300 * 100 200 4 200 200 5 100 100 6 50 25 25 *I 550 I 125 425 Jumma Wasil Baqee of 1836-37. No. 1 100 | 400 || 500 3 200 || 500 || 700 6 25 50 | 75 7 100 || 100 8 100 100 9 100 100 .4 | +1250 Comparative Statement of Jumma. Jumma of 1835-36 Total of 1836-37 as per Jumma Deduct. Remaining. Add. as per Jumma Wasil Baqee. Wasil Baqee. * Decrease, By enhancement viz, of demand of By transfer to the No. 3, . . . . . . . . 200 regular Rent-roll of By fresh resump- * 1550 Zillah A. No. 2, .. 400 tions No. 7,.... 100 +1250 ,, B. 4, .. 200 , , 8,.... l ()0 ,, A. 5, ... 100 , 9, . . . . 100 — 700 750 — 300 By abatement of de- 500 mand of No. 1, , . 100 By decree of Court declaring lands not g * liable to attachment * Il OI) e. * 800 Q N. B. These are mere sketches of the accounts to be rendered, correct forms for which will be made up by the Accountant, if the scheme be approved of. SUDDER BOARD OF REVENUE. 6] No. CCCCLXIII. TO THE COMMISSIONERS OF REVENUE. August 21, 1838.-No. 56. I T has not unfrequently happened that persons becoming possessed of more than one distinct Estate, or of portions of Estates, have procured their consolidation and entry on the Towjee as a single Muhal; and great mischief has resulted from the license existing in this respect in some Zillahs in the earlier years of the settlement. 2. The Board, therefore, direct that Collectors shall be careful to pre- serve the integrity of their Registers in this particular, and on no account to permit the consolidation of Muhals separately borne on their Towjees, without special sanction, except in cases where they may have originally formed parts of the same Estate. & Q No. CCCCLXIV. TO THE COMMISSIONERS OF REVENUE. August 21, 1838.-No. 57. THE annexed copy of the Orders of Government in the Judicial Depart- ment (No. 1535, dated the 31st July, 1838), regarding a proposed modifica- tion of Section 9, Regulation IV. of 1793, is circulated for the information , and guidance of all Commissioners and Collectors. FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. JUDL. DEPT. I am directed to acknowledge the receipt of your letter, No. 397, of the 17th instant, on the subject of the operation of Section 9, Regulation IV. of 1793. The Deputy Governor is unwilling, in the present instance, to propose to the , Supreme Government an alteration of the Law, and he thinks that the inconveni- ences of the present practice may be obviated without resort to legislation. 2. It is obvious that to send copies of decrees to Commissioners, who keep no Registers of Mutations, is superfluous, and it is equally obvious that the alteration of Registers by Collectors in virtue of unexecuted and incomplete decrees is unne- , cessary. It will be sufficient, therefore, if on the one hand the Civil Courts refrain from sending copies of decrees to the Commissioners, to which end the Sudder Dewanny Adawlut will probably not object to instruct their subordinates; and, on the other, if the Sudder Board intimate to the Collectors, that they are not to make alterations in their Registers upon the mere receipt of copies of decrees, but are to await in every case a direct order for the alteration to be made on them in process of executing the decree, by the Civil Court. Q No. 463. Misc. DEPT. Consolidation and entry on the Tow- jee of distinct Estates, as a single Muhal, prohibited. D No. 464. Misc. DEPT. Modification of Sec. 9, Reg. IV. of 1793, Civil Courts not to forward copies of decrees to Coms. and Cols., not to make altera- tions in Mutation Registers, till order- ed by tre Courts. 62 CIRCULAR ORDERS, No. 465. MISC. DEPT. Competency of Board or of Com- missioners to vest Assistants to Col- lectors with power to hold sales for recovery of arrears of Revenue. No. 466. MISC. DEPT. Observance of Cl. I. Sec. 27, Reg. XI. of 1822, en- joined.—Intimation of appeal in sale cases to be im- mediately given to the Collector. NO. CCCCLXV. TO THE COMMISSIONERS OF REVENUE. August 21, 1838.-No. 58. A. REFERENCE having been made to Government regarding the com- petency of the Board or of Commissioners to vest the Assistants to Collectors with the power of holding sales for the recovery of arrears of Revenue, the following instructions are issued for the guidance of all Commissioners and Collectors. 2. Section 4, Regulation XI. of 1822 does not restrict, in respect to sales, the powers conferred on the superior Revenue Authorities by Clause III. Section 8, of Regulation IV. of 1821, and the sanction of Government is not, therefore, necessary to...empower an Assistant to hold sales. But it is not competent to a Collector, as has sometimes been done, to delegate this duty to his Assistant, without the sanction of the Commissioner previously obtained ; and it will be the duty of the Commissioner, before according his sanction, to satisfy himself that the experience and judgment of the Assist- ant are such as to qualify him for the due discharge of this important duty. NO. CCCCLXVI. TO THE COMMISSIONERS OF REVENUE. August 21, 1838.-No. 59. THE Sudder Board of Revenue have had occasion to notice that the . provision of Clause I. Section 27, Regulation XI. of 1822, which requires that no part of the sale proceeds of any Estate shall be held liable for the debts of the late proprietor, whilst the validity of the sale may be under contest, has not always been observed, and that on reversal of the sale by the Board, much embarrassment has consequently been experienced. To secure thé due observance of the Law in future, the Board direct that whenever an appeal against confirmation of a Sale is preferred, immediate notice shall be given to the Collector concerned; who, after the receipt of such intimation, will be held strictly responsible for any appropriation of the sale proceeds of his own authority before the appeal has been finally disposed of. O SU DDER BOARD OF RIEVENUE. No. CCCCLXVII. TO THE COMMISSIONERS OF REVENUE. August 25, 1838.-No. 60. THE Sudder Board of Revenue having observed that much diversity of opinion exists respecting the Rules for determining whether the Revenue assessable on an invalid rent-free tenure not exceeding 100 beegahs in extent should belong to Government or otherwise, have instructed me to forward for your information copy of a letter of this day's date, addressed to the Commissioner of the Moorshedabad Division, in which their sentiments on the subject are recorded ; and they request you will have the goodness to communicate the same to the Resumption Officers within your jurisdiction. FROM THE DEPUTY SUPERINTENDENT OF LEGAL AFFAIRS, TO THE COM- MISSIONER OF THE 14TH DIVISION. I am directed by the Sudder Board of Revenue to acknowledge the receipt of your letter, No. 261, of 19th ultimo, transmitting copy of a communication from the Special Deputy Collector of Rajshahye, No. 84, of 28th June, and requesting the instructions of the Board upon the point referred to you by that Officer. In reply I am desired to communicate as follows: 2. The Board’s Orders, No. 24, of the 24th January last, pronouncing the resumption of certain Lakhiraj tenures to be illegal, proceeded upon the ground that the tenures were less than 100 beegahs each in extent, that they were situated , within the limits of permanently settled Estates, and were held under Hookamee grants. The orders had, of course, no application to any rent-free tenures not so circumstanced. ” 3. The answer therefore to your reference is very simple; but the Board having observed that a good deal of confusion and diversity of sentiment exist with regard to the Rules which should determine the question whether the Revenue of an invalid Lakhiraj tenure belongs to Government or not, have directed me to take this oppor- tunity of offering a few general remarks upon the Law of the case. 4. Section 6, Regulation XIX. of 1793, enacted that the Revenue assessable on an invalid rent-free tenure, not exceeding in extent 100 beegahs of the measurement that may prevail in the pergunnah wherein it may be situated, shall belong to the , person responsible for the discharge of the Revenue of the Estate or dependent Talook in which the land may be situated. It will be observed that these tenures are liable to assessment just as much as any others, but inasmuch as the Revenue demandable from them must go to the person responsible for the discharge of the Revenue of the permanently settled Estate within which they may be situated, the claim to assess them (when situated in a permanently settled Estate) cannot be preferred on behalf of Government before the Special Deputy Collector, but the No. 467. Misc. DEPT. Directions for determining whe- ther Revenue as- sessable on invalid rent-free tenures not exceeding 100 beegahs held un- der Badshahee or Hookamee grants, should belong to Government OT otherwise, with re- ference to the Law of the case. 64 CIRCULAR ORDERS, o Circular, No. 467. suit must be brought by the Zemindar (or by the dependent Talookdar, should the * (Aug. 25, 1838. , lands be situated within a tenure of that description) and tried under the provisions -N- of Section 30, Regulation II. of 1819, with the exception pointed out in Section 5, Regulation III. of 1828. In cases where Government may have granted leases for a term of years of Estates not permanently settled, the right to the Revenue, assessa- ble on tenures of the description in question, is of course liable to be affected by the terms of the engagement made with the farmers; but even when the farmer with reference to the provisions of Section 6, Regulation XIX. of 1793, may be entitled * to the Revenue, the Board are of opinion that the Special Deputy Collector may resume as on account of Government, taking however particular care to record in his proceedings that nothing can be claimed by Government until the expiration of the lease, during the continuance of which the farmer is at liberty to make his own arrangements. 5. It will further be observed that Section 49, Regulation XIX. of 1793, expressly declares that no part of that Law shaſl be considered to extend to rent-free tenures denominated Badshahee or Royal, the rules applicable to such tenures being contained in Regulation XXXVII. of the same year. Now this last mentioned Regulation contains no clause in favor of the Zgmindars similar to that which exists O in Regulation XIX. of 1793, the reason for the omission being sufficiently obvious from the different nature of the tenures to which the two Laws respectively relate, and it therefore follows that a rent-free Badshahee tenure, although situated within the limits of a permanently settled Estate, and not exceeding 100 beegahs in extent, is liable, if invalid, to resumption and assessment at the suit of Government, and it is consequently the duty of the Special Deputy Collectors to decide upon the validity of such tenures, whatever may be their extent, and wherever they may be . situated. 6. It remains to be considered, whether the quantity of land specified in the Sunnud, or the quantity found by actual measurement to be in the possession of the Lakhirajdars, should be taken as the rule for determining whether Government or the Zemindar is entitled to the Revenue of such tenures. On this point there has been much difference of opinion ; but the Government, upon a reference recently made, has declared its concurrence with the Board in holding that the question" must be decided by the quantity of land specified in the Sunnud; if, therefore, a Sunnud specify more than 100 beegahs, the Special Deputy Collector may decide the case, and resume an invalid tenure, notwithstanding the allegations of the Lakhi- rajdar that his tenure does not in fact comprise that quantity of land. It will . frequently, however, happen that a Sunnud specifies less than 100 beegahs, while the Lakhirajdar is in possession of more than that quantity. Under such circumstances it has been ruled that the Zemindar is entitled to the assessment upon the quantity specified in the Sunnud, and the right of Government to derive Revenue from the excess must depend upon whether such excess was or was not included in the per- manent settlement of the Estate in which the tenure is situated. SUDDER BOARD OF REVENUE. 65 p Ö 7. It would scarcely be necessary to advert in this place to Clause I. Section Circular, No. 467. 3, Regulation II. of 1819, were it not for the misapprehension that appears to have (A ug. 25, 1838. existed in regard to this Section, which in fact promulgated no new Law with respect to rent-free tenures, and carefully provided against the supposition that it did so. It declares that all lands, which at the period of the Decennial Settlement were not included within the limits of any Pergunnah, Mouzah, or other division of Estates, for which a settlement was concluded with the owners, shall be liable to assessment at the suit of Government, whatever their extent may be, provided they be not lands for which a distinct settlement has been made subsequent to the permanent settlement, nor lands which (although not included within the limits of any settled Estate) are held free of assessment under a valid and legal title of the mature speci- fied in Regulations XIX. and XXXVII. of 1793. You will perceive that this enactment in no way interfered with the old Law which gave the Zemindar a right to the assessment upon a Hookamed tenure situated within his settled Estate, if it were less than 100 beegahs in extent, for it applies exclusively to lands not included within a settled Estate, (towfeer and alluvial lands,) and the only reason for men- tioning valid Lakhiraj tenures at all, was the consideration that there might be such tenures not included within the limits of a permanently settled Estate, in which O case, had there been no special provision in their favour, they might have been con- strued to fall under the general words of the Clause, which declare all lands not so included liable to assessment. To prevent, however, the possibility of any miscon- struction of its meaning, the Legislature added a provision, expressly declaring that nothing contained in that Clause shall be taken to affect the rights reserved to Zemindars, Talookdars, and other proprietors of the Estates, with whom a permanent settlement has been concluded, to the exclusive enjoyment of the rent assessed on lands held on an invalid tenure free of assessment within the limits of their respective Estates and Talooks, and of which the extent may not exceed 100 beegahs, if in Bengal, Behar, or Orissa ; and 50 beegahs, if within the province of Benares. 8. To sum up briefly what has been said, the Law of the case is as follows. It is the duty of the Special Deputy Collectors to decide, and to resume on behalf of * Government, if found to be invalid, all rent-free tenures, whether more or less than 100 beegahs in extent, which are not situated within the limits of a permanently settled Estate, (due attention being paid to the case provided for at the close of the 4th paragraph,) or which, being so situated, are held under a Badshahee grant, or under a Hookamee grant, specifying more than 100 beegahs, although the Lakhiraj- dar may be in possession of less than that quantity. On the other hand, the Resumption Officers must abstain from interfering with any rent-free tenures situated within the limits of a permanently settled Estate, and held under a Hookamee grant, specifying less than 100 beegahs; but if in any such case, they should have reason to suppose that the Lakhirajdar is in possession of a greater quantity of land than is specified in the Sunnud, they are at liberty, should there be strong grounds for 'believing that the surplus was not included in the permanent settlement, to R. Y 66 CIRCULAR ORDERS, Circular, No. 467. Aug. 25, 1838. \ Y- No. 468. MISC. DEPT. Resumption suits may be tried and decided when the Civil Courts are closed, if the par- ties voluntarily at- tend. No. 469. Misc. DLPT. Course proper to be followed in rea- lizing fees for re- institute an investigation to try that question, and, if proved not to have been so , included, to resume the excess ; but of course such proceedings should not be held in doubtful cases. No. CCCCLXVIII. TO THE COMMISSIONERS OF REVENUE. September 4, 1838.-No. 61. THE Sudder Board of Revenue deem it expedient that the Circular Order of the 28th March, 1837, which declares “that no resumption cases should be decided during the period the Civil Courts are closed,” should be limited to those cases in which the parties may not be in attendance, and that Resumption Officers should be permitted to try and decide, during such period, all cases in which the parties may voluntarily attend and defend the suit. But it must be understood that such attendance should, on no account, be coerced during the great festivals either of the Mahomedan or Hindoo religion. 2. You will be pleased to instruct the Officers under your jurisdiction accordingly. NO. CCCCLXIX. TO THE COMMISSIONERS OF REVENUE. September 18, 1838.-No. 63. W T HE Sudder Board of Revenue having reason to believe that misapprehen-" sion has very generally prevailed regarding the course proper to be followed gistry under Reg. in realizing the prescribed fees for registry under Regulation XV. of 1797, XV. of 1797. direct that the annexed extract from Government Orders under date the 28th ultimo, be circulated for the information and guidance of all Collectors. EXTRACT OF A LETTER FROM GOVERNMENT. Para. 4. After completion of the necessary inquiries, the entry should be made first, and the fees realized afterwards. This is obviously the purport of Regu- lation XV. of 1797, under which no fee can be demanded until the registry has been made. To demand the fee before registry appears illegal. o o SUDDER BOARD OF REVENUE. 67 NO. CCCCLXX. TO THE COMMISSIONERS OF REVENUE. October 9, 1838.-No. 64. O V V ITH reference to the accompanying extract, paras. 2nd, 3rd and 4th, from a letter this day addressed to the Secretary to Government, Revenue Department, I am directed by the Sudder Board of Revenue to request that you will instruct the Collectors of your Division to insert in their quarterly Towjees a statement of demands, collections and balances on account of thanadaree lands, with a full explanation of the balances; keeping the entry separate and distinct from the entries of general malgoozaree Muhals. EXTRACT FROM A LETTER, ADDRESSED TO THE SECRETARY TO THE GOVERNMENT OF BENGAL, REVENUE DEPARTMENT, PARA, 2. With reference to the para. quoted in the margin, I am desired to .*.*.*.*.*.*.*.* say that the reason why the accounts of the Police know why the collections from Police lands are every where so bad, and why lands have not hitherto been entered in the they are not entered in the Towjee of the Board.” Towjees submitted to the Board is, that the pro- duce of such lands under Clause TV. Section 8, Regulation I. of 1793, forms no part , of the general land Revenue, being “appropriated to no other purpose but that of defraying the expence of the Police,” and being collected separately for that object. 3. Since however these lands are subject in all respects to the general Laws for the collection of the land Revenue, the Board (having consulted their Accountant) are of opinion that the demands, collections and balances on account of them should be shewn in their Towjee in the same manner as in that of the Accountant. They will, of course, form a separate entry and be kept distinct from the general Tent-roll. 4. The Board propose issuing immediate orders to the Collectors under their jurisdiction to make this addition to their quarterly Towjees, and when they shall have the accounts before them, they will be enabled to reply to the other part of . His Honor’s question, viz. “ why the collections from Police lands are every where so bad.” No. 470. MISC. DEPT. Statement of de- mands, collections and balances on account of thana- daree lands with explanation of ba- lances, to be insert- ed in quarterly Towjees. 68 CIRCULAR ORDERS, No. 471. Misc. DEPT. Mode of address to be adopted in official communica- tions with Moon- sifts. NO. CCCCLXXI. TO THE COMMISSIONERS OF REVENUE. October 13, 1838.-No. 65. IN conformity with the orders of Government dated the 25th ultimo, No. 1888, I am directed by the Sudder Board of Revenue to annex extracts Extract para. 3rd letter of Sudder De- from * wanny Adawlut, North Western Provinces, a corresp ondence between the Courts dated 4th May, 1838. of the Sudder D e Extract paras. 2nd and 3rd letter of ewanny Adawlut IIl the sudder Dewanny Adawlut, dated is June, Lower and Western Provinces, regarding the 1838, with enclosure from Judge of Chitta- º e gong. mode of address to be adopted in official communications with Moonsiffs, and to request that you will issue the necessary instructions to your subordinates for giving effect to the wishes of the Court, as expressed in the 3rd para. of their Register's letter of the 1st June. ExTRACT FROM A LETTER FROM THE SUDDER DEWANNY ADAWLUT, NORTH WESTERN PROVINCES. 3. With regard to the general question involved in Mr. Thomson’s reference, I am directed to observe, that adverting to the great respectability of the office of Moonsiffs as now constituted, and to the nature of the duties assigned to that class of Officers, the Court can see no good reason why they should not be addressed in all matters connected with their office by Roobukaree, instead of by Purwannah, as well as the Principal and other Sudder Ameens; and they propose, therefore, should the Calcutta Court concur in this opinion, to issue a Circular to the Zillah and City Judges under their control, directing them to consider the rules laid down in the Circular Orders of the 12th October and 30th November, 1832, No. 64, which prescribe the mode of address to be observed in official communications with the Principal and other Sudder Ameens, equally applicable to the Moonsiffs. EXTRACT FROM A LETTER FROM THE SUDDER DEWANNY ADAWLUT, LOWER PROVINCEs. PARA. 2. The Court also entirely concur in the proposed extension to the Moonsiffs of the mode of address prescribed for the Principal Sudder Ameens and Sudder Ameens by the Circular Orders, No. 64, of the 12th October and 80th November, 1832, but they consider, that as those orders were issued under the instructions of Government, a reference should be made to that Authority before any alteration is carried into practice. 3. In connection with this subject, I am desired to request that you will lay before the Judges of the Western Court the accompanying copy of a letter No. 46, dated the 4th ultimo, from the Judge of Chittagong, with reference to which SUDDER BOARD OF REVENUE. 69 * the Court are of opinion that it would be advisable to insert in the proposed Circular, No. 471. Circular a clause to the effect that all Native Deputy Collectors and Uncovenanted co ct. 13, 1838. J Officers should address the Moonsiffs by Roobukarees, sending their communications Y direct and not through the Covenanted Officers of their respective departments. At the same time the Board of Revenue should be requested to issue corresponding instructions to the Collectors and other Officers subordinate to their control. LETTER FROM THE JUDGE OF CHITTAGONG, TO THE REGISTER OF THE COURT OF SUDDER, DEWANNY ADAWLUT. In conformity to the Circular Order under date the 1st December, No. 3764, relative to the mode of correspondence between public Officers and other Natives of rank, I beg leave to report for the information of the Sudder Dewanny Adawlut, that only one instance of difference has arisen that appears to require adjustment. How are Native Deputy Collectors and Uncovenanted Officers, European or Native, in the Revenue and other departments, to address.the Moonsiffs, by Roobukaree or by Purwannah 2 The observance of the latter form of communication between Officers who in point of rank appear on an equal footing would, in my opinion, be objectionable. C 2. Under the present practice a Purwannah is directed to be sent to the Moon- siffs by our Courts: there is this distinction in an order or requisition on a Moonsiff emanating from a Covenanted Servant and an Uncovemanted Servant ; in the one case there is great disparity of rank, in the other apparently none. I would rather, however, that the form of Purwannah was abolished, and Judges and Covenanted Officers of Government address a Moonsiff by Roobukaree. • 3. It seems desirable some rules should be laid down in regard to the corre- spondence and communications of Uncovenanted and Native Officers of Government one with another, whether it should be direct or through the Covenanted Officers of the departments in which subordinate functionaries serve. I should be inclined to • " adopt the latter course, unless the nature of the business be such as would militate against a course to be pursued by Law; in summary suits for rent wherein the services of Native Judges are employed, orders would issue direct from the Revenue Authorities ; now when the public functionary who passes the order is an Uncove- nanted Servant, is he to address the Moonsiff by Roobukaree or Purwannah Another O instance of direct legal process is an order from a Principal Sudder Ameen or Sud- dër Ameen to sell property attached in execution of a decree; is a Roobukaree or a • Parwannah to be transmitted to the Moonsiff P the points of etiquette give rise to disagreement and might embroil the heads of offices. It may be necessary to solicit the orders of Government to determine the mode to be observed. 70 CIRCULAR ORDERS, No. 472. Misc. DEPT. Mode of advanc- ing and realizing Zemindars’ share of expence in con- struction of sluices in embankments. No. CCCCLXXII. TO THE COMMISSIONERS OF REVENUE. October 16, 1838.-No. 67. HE annexed” correspondence relative to the mode of advancing and * sudder Board to Government, No. realizing the Zemindars' share of the ex- 473, dated 21st August, 1838. Government Orders in reply, No. 1639, dated 18th September, 1838. C sluices in embankments, is circulated for the information and guidance of all Collectors. LETTER FROM THE SECRETARY SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERNMENT OF BENGAL. I am directed by the Sudder Board of Revenue to acknowledge the receipt of your letter, No. 1324, dated the 24th ultimo, giving cover to an original letter, No. 1334, from the Military Board to the address of His Honor the Deputy Governor of Bengal, and calling for a report from this Board as to whether the suggestion of the Military Board could be adopted without risk. 2. The suggestion of the Military Board has reference to the recovery of the Zemindars' share of the expence to be incurred in constructing sluices proposed pence to be incurred in the construction of to be inserted in embankments, and they recommend that, when a proper written agreement is procured and registered, the Government should advance funds to en- able the Executive Officer to commence on the work, leaving it to the Collector to recover from the Zemindars their portion of the stipulated outlay. 3. The Board are of opinion that advances of the nature contemplated would fall under the provisions of Section 40, Regulation XIV. of 1793, and might be summarily recovered in the same manner as an arrear of Revenue ; a stipulation to this effect should be entered in the agreement. If the Zemindars can be persuaded to execute such engagements, the Board conceive that very little risk would attend the advance of the money from the public Treasury in the first instance. LETTER FROM THE SECRETARY TO GOVERNMENT, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. I am directed to acknowledge the receipt of your letter, No. 473, dated the 21st ultimo, and to request that you will inform the Board in reply, that His Honor the Deputy Governor of Bengal approves of their suggestion, and desires that it may be acted upon by Collectors in communication with the Executive Officer. 2. The engagements should be taken by Collectors, and should specify that this is an advance under Section 40, Regulation XIV. of 1793, and entered as such in their accounts. 3. Authority for such advance should be obtained in the usual way through the Military Board, on application being made by the Executive Officer. 4. A copy of the Board’s letter and of this reply will be furnished to the Military Board. SUDDER BOARD OF REVENUE. 71 No. CCCCLXXIII. TO THE COMMISSIONERS OF REVENUE. October 16, 1838.-No. 68. No. 473. MISC. DEPT. THE annexed extract from Orders of Government, dated 11th September, Explanation of 1838, is circulated for the information and guidance of all settlement Officers, sº f . § e º © ſº 9 e CUllar UrCier Of 2, in explanation of that part of Section 6 of the Board's Circular Orders of Nov. 1833. the 12th November, 1833, which prescribes, that, “ disputes respecting the boundaries of Muhals, declared liable to assessment under the provisions of Regulation III. of 1828, must be disposed of under the direction of the Special Commissioners, who are alone competent to superintend the execution of their own decrees.” EXTRACT FROM PARAGRAPH 4 OF A LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, IN THE REVENUE DEPARTMENT. There may certainly be cases, in which injustice would be done by causing disputed boundaries of the nature referred to, to be summarily decided in process O of execution of decree by the resuming Officer. There are at the same time many obvious cases in which such a mode of deciding the dispute would be very just and right. Whether any given case lies on the one side or on the other of this supposed line ; whether the decision should be made summarily by the resuming Officer in the course of executing his decree, or after full investigation in a new and separate resumption suit, can only be declared according to the particular circumstances of that case, and by a tribunal competent to pronounce upon the distinction. It is there- fore his Honor’s opinion that in all disputed boundaries of the nature in question, the Revenue Officers should apply for decision in the first instance to the resumption a’ tribunal from which the final decree emanated ; and that the resumption tribunal so applied to, should, upon an understanding of the circumstances of each case, either decide summarily in process of execution of its decree, or direct the institution of a new suit, according to the true nature of the circumstances set forth. ~-meesha's sº- NO. CCCCLXXIV. TO THE COMMISSIONERS OF REVENUE. October 16, 1838.-No. 69. No. 474. Misc. DEPT. As Government have authorized Principal Sudder Ameens, many of whom rºº * tº tº tº ge g e Il ClO3] NUICICICI’ aré unacquainted with the English language, to communicate direct with Aºi. Ull]- 72 CIRCULAR ORDERS, Circular, No. 474. Oct. 16, 1838. Y- \ accompanied by an English letter or translation of de- cree, to receive at- tention. No. 475. Misc. DEPT. Order for issuing notices to holders of rent-free te- nures prescribed by Clause II. Section 5, Reg. II. of 1819, to be recorded, with the grounds there- of. Covenanted Officers in the Revenue Department, and as the communication _j in such cases must of necessity be made by Roobukaree in the Native lan- guages without the usual English letter or precept ; the Sudder Board of Revenue, with a view to prevent any misunderstanding, request that all Commissioners and Collectors subordinate to their jurisdiction will pay due attention to the Roobukarees of Principal Sudder Ameens, without taking exception to their being unaccompanied by an English letter or precept, or in cases of requisition for the sale of lands preferred to a Commissioner under Section 2, Regulation XLV. of 1793, by translate of the decree. In such cases Commissioners should have the usual form filled up in their own office and filed with the Persian papers. —º-e-69->- NO. CCCCLXXV. TO THE COMMISSIONERS OF REVENUE. October 23, 1838.—No. 71. IT having been brought to the notice of the Sudder Board of Revenue that the Special Deputy Collectors have, in some instances, omitted to record any order for issuing the notice to the holder of a rent-free tenure prescribed by Clause II. Section 5, Regulation II. of 1819, they direct me to request you will call the attention of the Resumption Officers within your jurisdiction to this particular, and enjoin them to put invariably upon record the grounds on which the notice in question is issued. As it is most desirable that every rent-free tenure, which has not already been judicially decided upon, should be brought under investigation and definitively disposed of, one way or the other, it may seem that this preliminary Roobukaree is little more than a form, but still it is a formality that will complete the record and render the whole proceedings consistent and uniform, and its observance therefore should not be dispensed with. Of course it is not imperative on the resuming Officer to assign in this Roobukaree any special ground for presuming the rent-free tenure to be invalid; it will be sufficient for him to state generally that having reason to believe, either from reference to the Registers in his office, or from any other source of information, that certain lands are held rent-free, an inquiry into the validity of the tenure is considered necessary, and he therefore directs the usual notice to be issued and served in the prescribed manner on the holder of the tenure, requiring him to produce his title deeds, &c. SUDDER BOARD OF REVENUE, 73 J No. CCCCLXXVI. TO THE COMMISSIONERS OF REVENUE. October 23, 1838.-No. 72. I AM directed by the Sudder Board of Revenue to inform you that, in modification of No. XVII. of the Rules of Practice, the Honorable the Deputy Governor has been pleased to commit to the Board the final disposal of sales of temporarily settled Muhals, which were heretofore required to be submitted for the sanction of Government. 2. The Board have reason to believe that the Rule referred to has not always been observed, and that Commissioners have not generally, except in appealed cases, submitted such sales for the orders of superior Authority. Your attention is therefore directed to the Rule as now modified, and you are required, on the occurrence of sales of temporarily settled Muhals, to be careful to report them for the orders of the Board. 3. sale Estates not permanently settſed, unless the circumstances shall be clearly You will understand that it is considered inexpedient to bring to such as to render a resort to the sale process unavoidable. The report there- fore (except in appeal cases when the usual forms must be observed) should consist of the English Account sale, with such a detailed explanation in the column of remarks, as may satisfy the Board that the local Authorities have exercised a sound discretion in resorting to this extreme measure for the realization of the public Revenue. NO. CCCCLXXVII. TO THE COMMISSIONERS OF REVENUE. November 6, 1838.-No. 73. > ..I AM directed by the Sudder Board of Revenue to send to you for com- munication to all the Local Agents in your Division, the annexed extract from paragraph 5 of a letter from Government, in the Revenue Department, under date the 6th ultimo, No. 1775. , EXTRACT FROM PARAGRAPH 5 OF A LETTER FROM GOVERNMENT, IN THE REVENUE DEPARTMENT. 5. In the sentiments expressed in the last paragraph of your letter under reply, his Honor concurs so far that he thinks no interference by any Officer of Government with endowments for the maintenance of institutions purely religious, should be permitted without an application from the heads of the community con- nected with or interested in the institutions, T No. 476. Misc. DEPT. Modification of No. XVII. of Rules of Practice—Board empowered to dis- pose of sales of temporarily settled Muhals. _2 No. 477. Misc. DEPT. Interference by Officers of Govern- ment with endow- ments for mainte- nance of institu- tions purely religi- ous, prohibited, ex- cept at the request of the heads of the community inter- ested therein. 74 CIRCULAR ORDERs, No. 478. Misc. DEPT. Treasure Remit- tances to be se- curely packed. No. 479. MISCRDEPT. Special Deputy Collectors to con- sult the conveni- ence of the public by fixing their Cutcherries at cen- trical stations and within the limits of the District to which the cases to be adjudicated ap- pertain. NO. CCCCLXXVIII. TO THE COMMISSIONERS OF REVENUE. November 20, 1838.—No. 74. A CASE having come under the notice of the Board, in which a sum of money was abstracted from a remittance made to the General Treasury, in consequence apparently of the insecure manner in which the treasure was packed, I am directed by the Sudder Board of Revenue, in conformity with Orders of Government, dated the 23rd ultimo, to request you will draw the attention of all Officers in charge of Treasuries in your Divi- sion to the precautionary measures recom- . ...; **** mended in the extract from a letter from the Sub-treasurer to the address of the Secretary to Government, Revenue Depart- ment, entered in the margin. © Para. 8. “Were the Treasure boxes more carefully prepared at Mofussil Trea- suries (even with the description of wood generally used) covered with good gunny and properly lashed (chowbundee) with jute cords, I incline to think that they would, invariably, arrive in good condition, NO. CCCCLXXIX. TO THE COMMISSIONERS OF REVENUE. November 20, 1838.-No. 75. I T having been brought to the notice of the Sudder Board of Revenue that Special Deputy Collectors, whose jurisdictions extend over more than one District, have not in all cases conformed to the instructions contained in the . 7th paragraph of the Circular Orders of the 2nd January, 1837, by which they were directed to consult the convenience of the public by fixing their Cutcherries at centrical stations, and moving from place to place as the state of their business might require; I am desired by the Board to request that you will enjoin upon the Special Deputy Collectors in your Division a strict observance of this principle ; requiring them, as a general rule, to dispose of the cases of each District in succession ; and invariably to hold their Cutcherries within the limits of the Zillahs, the cases appertaining to which they may be at the time adjudicating, unless in any instance the parties concerned may expressly desire that the proceedings may be held elsewhere. SUDDER BOARD OF REVENUE. 75 J * } NO. CCCCLXXX. TO THE COMMISSIONERS OF REVENUE. November 27, 1838.-No. 76. THE Sudder Board of Revenue have reason to apprehend that—owing, , probably, to a misunderstanding of Section 2, Regulation XIV. of 1825– some Lakhiraj tenures have been adjudged by Special Deputy Collectors to be liable to assessment upon the ground of the want of due authority to create such tenures on the part of the grantor, without due advertence to the provisions of Section 2, Regulation XIX. of 1793, (as far as regards grants not royal) as explained by the preamble of that enactment.* 2nd. The Board are clearly of opinion that if any tenure not royal, created previously to the 12th August, 1765,..have been adjudged liable to assessment by any Special Deputy Collector solely on the ground of want of authority on the part of the grantor, he should apply to the Special Commis- sioner for permission to review his decision in the case, with reference to the section of Regulation XIX. of 1793, above quoted. It will not, of course, be necessary to make this application in cases where the want of authority has been adduced, (though erroneously,) together with other valid reasons, as rendering a tenure liable to assessment. NO. CCCCLXXXI. TO THE COMMISSIONERS OF REVENUE. December 11, 1838.-No. 77. 3. 'THE Sudder Board of Revenue having had occasion to observe that some Commissioners include in their quarterly Returns of Revenue defaulters in confinement, the cases of persons confined at the instance of individuals under Regulation VII. of 1799, I am directed to request that you will, in future, be , careful to exclude all such cases from your quarterly statements transmitted to this Board, which are intended to apply only to “persons confined in Jail on account of Government demands,” viz. for arrears of Government Revenue, embezzlement, and non-payment of fines. * It has been ruled that the term “whatever authority” embraces every person who could and actually did make a Lakhiraj grant—the obtaining possession by the grantee, which is essential to validity, proving incontestibly the power of the grantor. No. 480. Misc. DEPT. Adjudgment of Lakhiraj tenures as liable to assessment solely upon the ground of want of due authority on the part of the grantor, to be subjected to a re- view of judgment. __” No. 481. MISC. DEPT. Cases of persons confined at the instance of indivi- duals mot to be in- cluded in quarter- ly Returns of Re- venue defaulters. 76 - CIRCULAR ORDERS, No. 482. MISC. DEPT. Modification of 39th Rule of Prac- tice. No. 483. MISC. DEPT. Prohibition to ryots to pay rents, directed by Sec. 22, Reg. XI. of 1822, º: only to cases of sale of Estates for their OWll al"I'08. I’S. No. CCCCLXXXII. TO THE COMMISSIONERS OF REVENUE. January 8, 1839.-No. 1. I AM directed by the Sudder Board of Revenue to inform you, that the Hon’ble the Deputy Governor has been pleased to sanction a modification, proposed by them, of the 39th Rule of Practice. 2. The modified Rule to be substituted for the old one is as follows: If the Collector (or other resumption Officer) shall decide against the assessment, he shall report his proceedings to the Local Commissioner to whose authority he may be subject, as directed by Clause 4, Section 4, of the said Regulation, and the Local Commissioner, if he shall disapprove the grounds of the Collector's (or other resumption Officer's) decision, shall report the case to the Sudder Board, who will determine whether an appeal should be preferred to the Special Commissioner.” 4. NO. CCCCLXXXIII. TO THE COMMISSIONERS OF REVENUE. January 23, 1839.-No. 2. THE Sudder Board of Revenue having had occasion to observe that,in . cases of sale of the landed property of defaulters, for demands of Government, other than arrears of Revenue due from the lands sold, Collectors not unfre- quently issue the prohibition to ryots and under-tenants against payments of rent pending confirmation of sale, prescribed in Section XXII. Regulation XI. of 1822, whereby embarrassment is experienced in the event of its being necessary to bring the Estates, in which such lands are situated, to sale for’ the recovery of their own arrears ; I am directed to request that you will explain to the Collectors of your Division, that the Section and Regulation above quoted have reference only to sales of the latter description, viz: of Estates sold for their own arrears of Revenue, whereas all other sales are . sales of rights and interests to recover dues of a quite different class, and should be dealt with on the same principles as sales in satisfaction of decrees * So much of this Rule as relates to the determination of the question of appeal by the Board, has been superseded by the more extended powers conferred on Commissioners, by the new Rules of Practice.—Wide C. O. 10th Augt. 1842, No. 20, para. 4. The course of procedure to be followed is indicated in C. O. 9th Jan. 1844, No. 1. - - © 1 O SUDDER BOARD OF REVENUE. 77 X of Court. The issue of the prohibition to ryots and under-tenants in such º Nº. tº * te all - 4.5, & cases is irregular and unauthorized, and you are requested to direct its ( Y J discontinuance. NO. CCCCLXXXIV. TO THE COMMISSIONERS OF REVENUE. March 13, 1839.-No. 3. No. 484. Misc. DEPT. I N compliance with a request of the Court of Sudder Dewanny Adawlut, Under what cir- ſº * ſº * informa- cumstances decree- I am directed by the Sudder Board of Revenue to transmit for the informa holders purchasing tion and guidance of the Collectors under your jurisdiction, the accompany- property sold in ing copy of a Circular issued by the Court on the subject of the purchase º: º by a decree-holder of property sold in satisfaction of his decree. allowed to give in- to Court a receipt FROM THE REGISTER OF THE SUDDER DEWANNY ADAWLUT, TO THE º, * t". JUDGES OF THE CIVIL COURT. by the decrees, Doubts appearing to be entertained as to whether the Civil Courts are competent *...* º: to allow a decree-holder purchasing property sold at public auction in satisfaction the first instance. of his decree, to file his receipt to the extent of the sum awarded him, in lieu of paying the whole amount of purchase money into Court, I am directed by the Court to acquaint you that it has been ruled that a decree-holder should be permitted, under the circumstances above stated, to give his receipt for the amount of his claim in payment of so much of the purchase money of the property sold, provided the arrangement do not interfere with the equal claims of other parties, and that, as respects the delivery of possession of the property, the same rules are observed in regard to him as would be applied to any other purchaser, and provided also that where the property sold may be land paying Revenue to Government, the demands of Government on the Estate are previously settled. , 2. You are requested to communicate the substance of this letter to the subordinate Judicial Functionaries of your District for their information and guidance. ſº , , No. CCCCLXXXV. TO THE COMMISSIONERS OF REVENUE. April 16, 1839.-No. 5. No. 485. Misc. DEPT. I AM directed by the Sudder Board of Revenue to forward for your informa- R. º of tº iº © tº º X. f dº tion. and guidance and for communication to your subordinate officers, the †: of #: accompanying copy of a letter to their address, No. 388 of 12th ultimo, from tenures. IJ J 78 CIRCULAR ORDERS, Circular, No. 485. the Secretary to the Government of Bengal, with its enclosure, No. 45 of 25th April 16, 1839. \– -y- February, from the officiating Secretary to the Government of India, convey- ing the sanction of the Supreme Authority to the rescission of Section X. of the Rules for the settlement of Hookamee tenures, circulated with the Board's letter No. 62 of 14th July, 1837. 2. With reference to the 3rd para. of Mr. officiating Secretary Millett's letter, you will be pleased to institute enquiries for the purpose of ascertaining whether any cases have occurred within your Division in which parties have been excluded from settlement under the operation of the rule now rescinded ; and, if it should appear that there have been such, the Board request that you will, with the least possible delay, furnish a report of the circumstances of each particular case. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. In reply to your letter No. 218 of the 14th December last, I am directed by the Hon’ble the Deputy Governor of Bengal to forward the accompanying copy of a letter No. 45, dated the 25th ultimo, from the officiating Secretary to the Govern- ment of India, conveying the sanction of the Supreme Authority to the rescission of Section X. of the Rules for the settlement of Hookamee tenures, as recommend- ed by the Board. 2. The attention of the Board is particularly called to the 3rd para. of Mr. officiating Secretary Millett’s letter. Jº LETTER FROM THE SECRETARY TO THE GOVERNMENT OF INDIA. I am directed by the Hon’ble the President of the Council of India in Council to acknowledge the receipt of your letter, No. 246, dated the 22nd ultimo, transmit- ting correspondence with the Sudder Board of Revenue on the subject of Section X. of the Rules for the settlement of resumed Hookamee tenures. 2. In reply, I am desired to inform you that his Honor in Council concurs with the Hon’ble the Deputy Governor of Bengal, and the Sudder Board, in think- ing that the Rule in question is at variance with the provisions of Regulation XIX. of 1793, and he is accordingly pleased to sanction its rescission, as recommendéd by the Board. 3. I am further desired to express the wish of his Honor in Council that any complaint preferred by a party who may have been excluded from a settlement by the operation of the Rule, may receive due consideration. 4. The original papers received with your letter are herewith returned. SUDIDER BOARD OF REVENUE. 79 _0 No. CCCCLXxxvi. TO THE COMMISSIONERS OF REVENUE. April 17, 1839.-No. 1. AM directed by the Sudder Board of Revenue to forward for your in- formation and guidance, and for communication to the Officers subordinate to you, the accompanying copy of an extract, paragraph 2nd, from a letter No. 7, of this day's date, addressed by them to the Commissioner of Cuttack. EXTRACT FROM A LETTER, ADDRESSED TO THE COMMISSIONER OF CUTTACK. Para. 2. The Board concur in-your opinion that it is not expedient to delay the institution of resumption suits, on account of the disqualification of the proprie- tor of the Estate within which the rent-free tenures are situated. Precautions must, however, be adopted for the special protection of the Ward’s interests, and, for this purpose, the Board desire that you will request the resumption Officer to issue his notice to the Collector, upon the institution of any suit for the investigation of a tenure situated within an Estate under the jurisdiction of the Court of Wards. It will be the duty of the Collector, upon the receipt of such notice, to ascertain in communication with the appointed guardians and family of the disqualified proprie- tor, what is the nature and origin of the tenure, and to report the case through the Commissioner without delay for the consideration of the Court of Wards, by whom the suit will be defended through their Deputy Superintendent of Legal Affairs, should it appear to them that the interests of the Ward are involved in the result. You will further request the resumption Officer in such cases to consider the Collector as the party entitled under Clause 1, Section 4, Regulation III. of 1828, to a copy of his decree, and should the decision be against the minor, the Court of Wards will, upon the report of the Collector and Commissioner, determine as to the expediency of preferring an appeal to the Special Commissioner. NO. CCCCLXXXVII. TO THE COMMISSIONERS OF REVENUE. April 23, 1839.-No. 6. I AM instructed by the Sudder Board of Revenue to observe that the quarterly Towjees of the Collectors, as at present prepared, contain a separate head for Muhals under butwarrah. As these Muhals are now, under the butwarrah Laws recently passed, brought to sale in the same manner as No. 486. Court of WARDS DEPARTMENT. Rule to be ob. served in regard to resumption suits instituted for rent- free tenures situat- ed in Estates un- der the Court of Wards. No. 487. MISC. DEPT. Mehals under but- warrah, no longer to appear as a se- parate head in the quarterly Towjees. 80 CIRCULAR ORDERS, Circular, No. 487. other Estates, there does not appear to the Board to be any necessity for " (April 23, 1839. , retaining this separate head, and they accordingly direct that it be struck Y- out of the Towjee, and that the Muhals hitherto comprised under it be transferred to the other heads to which, with reference to the amount of their Sudder Jumma, they may belong. NO. CCCCLXXXVIII. TO THE COMMISSIONERS OF REVENUE. No. 488. May 1, 1839.-No. 7. MISC. DEPT. Form for memo. I AM directed by the Sudder Board of Revenue to request that the foot º º: note shewing the number of sales confirmed and cancelled by Commission- jees. ers, which is appended to the quarterly Towjees, as directed by Govern- ment Orders of the 12th July, 1836, para. 6, may be drawn out in the following form. H = sº R i- QX * ge emarks. ‘ā | 3 || 3 || 3 C cº; § 3 O O Q- H In this column enter number of Sales remaining from previous quarter, 00 0 00 cases which have been pending upwards of 6 months, and num- ,, received during the quarter, . . . . . . 00 0 0 00 ber of appeals from confirmation remaining unreported at the end of the quarter. ^ NO. CCCCLXXXIX. O TO THE COMMISSIONERS OF REVENUE. No. 489. May 15, 1839.-No. 8. e e Misc. DEPT. Appointment of I AM directed by the Sudder Board of Revenue to send you for your Commissioners un- ; •e tº º tº gº der Act I. of 1839, information and guidance, and for communication to the several Collectors and scale of com- and independent Deputy Collectors in your Division, the accompanying ºn wº copy of a letter this day addressed to the Commissioner of Bhaugulpore, relative to the appointment, under Act I. of 1839, of Officers to sell property distrained for the recovery of arrears of rent. © SUDDER BOARD OF RIEVENUE. 8] ..] LETTER TO THE COMMISSIONER OF BHAUGULPORE. I am directed by the Sudder Board of Revenue to acknowledge the receipt of G your letter No. 1249, of the 11th ultimo, enquiring whether with reference to the “And conformably to such instruc- words quoted in the margin from Act No. I. of tions as he may receive in that behalf.” 1839, a Collector of Revenue can, of his own authority, adopt measures for giving effect to the provisions of that Act, and in reply to communicate the following instructions. 2. The number of Officers to be employed in each District for the purpose of selling property distrained for the recovery of arrears of rent, should be determined by the Collector in communication with yourself, and the appointments made by the Collector should be submitted for your sanction. 3. The selection of individuals for the office must depend very much upon local circumstances; but the Board would suggest that wherever there may be Per- gunnah Cazees of good repute, (not irzvested with the office of Moonsiff,) they should be preferred to candidates having no particular recommendation. 4. With regard to the percentage to be allowed, the Board observe that a On realization of 200 Rs. . . . . . . . . . . . . ... 10 per Cent. Iſlax1100 UITOl Above 200 Rs. and not exceeding 500 Rs. do. on 200 & 8 pr. Ct. on the remainder. only is fix 9 3 500 Rs. y 9 1,000 Rs. as above on first 500 Rs. & 6 pr. Ct. on do. y ..º." 2 y 1,000 Rs. y 9 3,000 Rs. ditto on 1,000 Rs. & 4 ,, on do. ed by the y 7 3,000 Rs. 9 3 5,000 Rs. ditto on 3,000 Rs. & 2 ,, on do. 3 * 5,000 Rs. * 5 as above on 5,000 Rs. & 1 , , on all Act 3 and sums exceeding that amount. they de- sire that when the amount realized by sale may exceed 200 rupees, the scale entered in the margin may be invariably adopted. _\ NO. CCCCXC. TO THE COMMISSIONERS OF REVENUE. May 29, 1839.—No. 9. J AM directed by the Sudder Board of Revenue to transmit for your information and guidance, and that of your subordinates, the annexed copy * Nos. 318-319, dated 14th instant. of a Circular* issued by the Military Board to the Superintending Engineers of Public Works, relative to the preservation and repair of glazed doors and windows in civil buildings. CIRCULAR, LETTER FROM THE SECRETARY TO THE MILITARY BOARD, TO THE SUPERINTENDING ENGINEERS, LOWER AND SOUTH WESTERN PROVINCES. Under orders of Government dated the 2nd instant, I am directed by the Military Board to request that the following practice be adopted for the preservation and repair of panes of glass in civil buildings. X J Circular, No. 489. May 15, 1839. ) -Y- 2 No. 490. Misc. DEPT. Orders of Mili- tary Board for the preservation and repair, of glazed doors and windows circulated. 82 CIRCULAR ORDERS, Circular, No. 490. May 29, 1839. C Y No. 491. MIISc. DEPT. “Bhitouree,” or “ mohturfah” to be excluded from estimated assets in settlements. 2. No glass shall be used in the windows and doors of civil buildings nearer the , floor than three and half or four feet, and all below that level shall be replaced by wooden Squares. 3. In Cutcheries the Civil Officers at the head of each department will make some one person of their respective cstablishments answerable for the glass in each room, that person being liable to pay for any panes that may be broken, unless he informed his superior at the time, and either proved the fracture to have been unavoid- able or produced the person who broke them; such person should not be allowed to depart without making good the damage dome. 4. In circuit houses whenever any of the Officers entitled to the use of them may visit the station, the Native Agent or other authorized person on the part of the Executive Officer should obtain a certificate that the glass windows are complete, and on that Officer leaving the house, the Agent should again examine the premises and demand payment of the price of any panes he may find broken, reporting such demand and its result to the Executive Officer. 5. The Executive Officers will consider it their duty to admit of no charge for repairs of glass from their own Agents without full and satisfactory explanation, and you will, in like manner, abstain from recommending any such charge to the Board, unless you are fully satisfied that every care has been taken to obtain payment from the person, who may under the operation of the above rules have become liable to the payment. 6. A copy of this letter has been sent to the Sudder Board of Revenue and to the Sudder Dewanny Adawlut, for the information and guidance of the Judicial and Rovemue Officers under their control. Ol NO. CCCCXCI. TO THE COMMISSIONERS OF REVENUE. May 29, 1839.-No. 10. IN conformity with Orders of Government bearing date the 14th instant, No. 672, a copy of which is annexed, I am directed by the Sudder Board of Revenue to request that all Collectors and other Officers employed on settlement duty, within your jurisdiction, may be instructed to exclude from their estimates of assets the item variously termed “bhitouree,” or “nuohturfah.” LETTER FROM THE SECRETARY TO GOVERNMENT, REVENUE DEPART- MENT, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. I am directed by the Hon’ble the Deputy Governor of Bengal to acknowledge the receipt of Mr. Bigmell’s letter, No. 167, of the 3d ultimo, and in reply to observe, SUDDIER BOARD OF REVENUE. 83 that although the cess termed bhitource or mohturfah is considered by the several Officers, who have been consulted, to mean ground rent, their definitions shew clearly that it has no property of rent, and is in fact a tax on trades or on capital, and as such, however small in amount at present, it is not such a cess as Government ought to recognize, by levying a share of it, together with their lawful share of “rent” properly so called. His Honor desires therefore that the item may be in- variably excluded from assets of settlement. NO. CCCCXCII. TO THE COMMISSIONERS OF REVENUE, June 5, 1839.—No. 11. WITH reference to the Law respecting the partition of Estates under Regulation XIX. of 1814, doubts appear to have been entertained upon the two following points. First.—As to the precise stage of the proceedings under Regulation XIX. of 1814, which places an Estate under butwarrah. Second.—Whether the circumstance of the Estate being in balance justifies a Collector in refusing to comply with an application to bring it under butwarrah. 2. On the first point, I am instructed to explain that an Estate, to the partition of which no opposition is made, must be considered to be under butwarrah from the date of the proceeding held by the Collector (on the return of the Ishtihar, when that process is necessary, as in Clause 2, Section 4, Regulation XIX. of 1814,) which orders “ that a division of the Estate shall be made ;”—and from the date of such order the co-sharers are entitled to the protection of Section 33 of the said Regulation, for all arrears that may accrue during the progress of the butwarrah. 3. On the second point, I am instructed to explain that the circum- stance of an Estate being in balance does not justify a Collector in rejecting the application for a butwarrah. So soon as the application described in Clause 1, or Clause 2, of Section 4 is made, the Collector should publish the advertisement as therein directed, and at the expiration of the prescribed period, upon the formal return of the proper Officer certifying that the ad- vertisement has been duly published, he should, without delay, record the order for the division of the Estate above referred to. Circular, No. 491. May 29, 1839. Y- No. 402. Misc. DEPT. At what stage of proceedings an Estate should be considered aS brought under but- warrah, and course to be followed when there is an arrear of Revenue against such Estate. 84 CIRCULAR ORDERS, Circular, No. 492. June 5, 1839. \— —y- No. 493. MISC. DEPT. Bukya balances to be distinguished from current ba- lances, in red ink, in the quarterly Towjees. © { 4. Up to the date of the last mentioned order the balances are ijmalee, J and the whole Estate must be brought to sale entire for any such arrear. It will therefore be the duty of the Collector to ascertain and record the amount of all these ijmalee balances, hal and bukya, immediately he passes the order for bringing an Estate under butwarrah; and to proceed to adver- tise the entire Estate, and to sell it on the first lawful day, for the said balances, just as if no application for butwarrah had been made. 5. When a butwarrah is submitted for confirmation, it shall be the duty of the Collector to certify that no balances for any period antecedent to the date of the order for dividing the Estate are outstanding against it; and he must be held to be in the strictest sense personally responsible for the correctness of such certificate, because, after the comfirmation of the partition, the entire Estate could no longer be sold for the recovery of * ijmalee balances. NO. CCCCXCIII. TO THE COMMISSIONERS OF REVENUE, June 19, 1839.-No. 12.* IN the quarterly Towjees, submitted by Collectors, through the Commis- sioners to the Sudder Board of Revenue, the column of demand which exhibits the amount of arrears outstanding at the close of the preceding quarter does not discriminate between the hal and the bukya balances, i. e., between the balance due on account of the current year, and the arrears of past years; and as it is necessary for the preparation of the Abstract Return submitted to Government, that the Board should be furnished with informa- tion on this point, I am directed to request that you will instruct the Collec- tors under your jurisdiction to insert in column 6, the amount of bukya balance due from each description of Muhal, in red ink, immediately above the figures which shew the whole of the outstanding arrear. In the first quarter of the year of course the whole balance brought forward is bukya, but in each subsequent quarter the amount of such arrear must be specifical- ly stated, as above directed. To prevent the possibility of mistake, and for the convenience of future reference, a note should be added at the foot of the column, explaining that “the figures in red ink shew the amount of the bukya balances.” * These instructions have since been superseded, by entirely new orders relative to Towjees, issued In 1842. SUDDER BOARD OF REVENUE. 85 NO. CCCCXCIV. TO THE COMMISSIONERS OF REVENUE. July 3, 1839.-No. 13. T having come to the knowledge of the Sudder Board of Revenue that the authenticated copies of correspondence between the Board and the Local Authorities on the subject of suits pending in Courts of Justice, have been filed by the party opposed to Government as evidence in such suits, I am directed to request that you will in no case grant copies of letters of the nature referred to without in the first instance referring to this office. No. CCCCXCV. TO THE COMMISSIONERS OF REVENUE. July 17, 1839.-No. 14. AN instance having recently occurred of a Collector having rendered him- self liable to pecuniary responsibility, in consequence of his having neglect- ed to examine the cash balance in the Treasury, on taking charge of his Collectorship, I am desired by the Sudder Board of Revenue, on this occasion, to direct the attention of all Officers, in charge of Treasuries, to the precautionary Rules prescribed by Circular Orders of the 31st July, 1832,” *, No. 145. with the view to impress upon their minds the serious respon- sibility which must succeed any neglect of those orders. NO. CCCCXCVI. 2 TO THE COMMISSIONERS OF REVENUE. Tº July 17, 1839.—No. 16. By order of the Sudder Board, and with the sanction of the Government, the following modification of the ninth Rule of Practice is communicated for your guidance and observance. J RULE IX. Should a Commissioner desire that any case decided by the Board be referred for the orders of Government, the Board will use their discretion, and either report the case, or decline doing so; but if the Board decline, the Commissioner will be at liberty to make the reference direct, taking upon himself the responsibility of making an unnecessary appeal to Government. Y No. 494. Misc. DEPT. Authenticated copies of corre- spondence on the subject of suits pending in Courts of Justice, not to be granted to the party opposed to Govt. without pre- vious reference to the Board. No. 495. Misc. DEPT. Attention direc- ted to 3 ules of 31st July, 1832, enjoining the exa- mination of cash balance in Treasu- ry on taking charge of a Collector’s of. fice. No. 496. Misc. DEPT. Modification of Rule IX. of Rules of Practice relative to references de- sired by Commis- sioners to Govt., when dissatisfied with the Board’s orders. 86 CIRCULAR ORDERS, NO. CCCCXCVII. No. 497. TO THE COMMISSIONERS OF REVENUE, SETTLEMENT July 29, 1839.-No. 17. DEPARTMENT. Date of º: | AM directed by the Sudder Board of Revenue to request you will cause king t tº tº *...* j º: to be noted in the usual marginal statements of all settlement reports, the margin of reports, date from which the settlement is to take effect. NO. CCCCXCVIII. To THE COMMISSIONERS OF REVENUE No. 498. July 31, 1839.—No. 18. & MISC. DEPT. Practice of levy- | T having been brought to the notice of the Sudder Board of Revenue ; º.º. that, in some Districts, purchasers of Estates at public auctions are rom purchasers of Estates sold for required to pay fees of registry previous to their names being recorded º," * in the Register of Mutations,—I am directed to inform you that it has º as being ille- been ruled that Section 3, Regulation XV. of 1797 does not refer to trans- gal. fers made in consequence of public sales by auction for the recovery of arrears of Revenue. { 2. Should you find, after circulating this letter, that a practice exists in any District subordinate to you of levying fees for registry in such cases, you will direct its immediate discontinuance. *-> NO. CCCCXCIX. TO THE COMMISSIONERS OF REVENUE. No. 499. July 31, 1839.-No. 19. [l MISC. DEPT. Rule to be ob- W ITH a view to check the irregularities in the adjournment and post- º: ponement of sales, which have very frequently come under the notice of postpºnement of the Sudder Board, I am directed to communicate the following instructions sales. Such adjourn- . . . for the guidance of all Officers holding public sales for the recovery of ment to be noted arrears of Revenue, SUDDER BOARD OF REVENUE. 87 p , 2. Whenever a sale is adjourned from day to day conformably to Clause 2, Section VIII. Regulation XI. of 1822, the adjournment must invariably be inscribed on the Ishtihar originally published, and on the copy which accompanies the sale papers, when transmitted to the Commissioner; and when the sale is postponed to a future day, in conformity with Clause 1, Section VIII. of the said Regulation, copies of each of the separate adver- tisements, corresponding with the several postponements recorded in the sale rooboocaree, must accompany the case, when submitted to the Com- missioner for confirmation, as also when the Commissioner transmits the record of appeal from his orders of confirmation for the final decision of the Sudder Board. NO. D. TO THE COMMISSIONERS OF REVENUE. Aug. 14, 1839.-No. 20. | AM directed by the Sudder Board of Revenue, and in pursuance of orders from the Bengal Government, to forward, for circulation to the Special Deputy Collectors of your Division, the annexed extract from a , report by Mr. Beresford, Special Deputy Collector in Poorneah and Maldah, of the results of certain experimental measurements made under his superin- tendence during the last cold season. 2. The Board do not expect or desire that such searching investiga- tions, as those so judiciously instituted and conducted"by Mr. Beresford, in the cases mentioned in his report, should be universally adopted: indeed, in the present stage of resumption operations, and with the limited agency available for the purpose, it would not be possible to follow such a course, as an ordinary rule of procedure. But the Board are desirous of impressing upon resumption Officers the importance of local investigation in all cases whère it may be practicable, and the yet greater importance of such investi- gation being vigilantly superintended either by the Special Deputy Collec- tors themselves, or by the Deputies assigned them for this purpose, and they are sure that they could not have a more striking illustration of the truth they would inculcate than that which is furnished by Mr. Beresford's very able report. Circular, No. 499. July 31, 1839. \ J on published Ish- tihar, and on co- pies of advertise- ments filed with the record. 9 No. 500. Misc. DEPT. Importance of local investigation and superintend- ence in resump- tion operations, enforced by the example of Mr. Beresford, Special Deputy Collector of Poorneah and Maldah. 88 CIRCULAR ORDERS, Circular, No.500. Aug. 14, 1839. \ J Y EXTRACT FROM A REPORT BY MR. BEARESFORD, SPECIAL DEPUTY COL- LECTOR IN POORNEAH AND MALDAH. Para. 10. The result of the measurements which I effected in the last six months of the past year, i.e. between 1st November, 1838, and the 30th April, 1839, has been very satisfactory. The measurements I here allude to were, I beg to observe, chiefly (what I may term experimental), of lands lying in the immediate vicinity of my camp at the several spots which I visited during the six months in question, and effected almost entirely by means of the single measuring establishment sanctioned for the period of six months in your letter No. 4304, of the 15th Novem- ber last. 11. The measurements I am speaking of may be strictly regarded as experi- mental, having been made for the purpose of ascertaining by what means and by what kind of measurement the greater amount of truth in regard to the existence and extent of rent-free lands, was discoverable: in, cases where the Mehal consisting of one or more villages was wholly Lakhiraj, I directed the Ameen to make the mea- surement in the usual way, ascertaining the boundaries carefully previously to commencing measurement; in other cases where it was my object to ascertain the extent of a number of Lakhiraj holdings in a particular village or villages, I, in some instances, furnished the Ameen with a list of the names of the former and present holders, as obtained from the Putwaree’s papers, and directed him to make a measurement of each holding agreeably to the boundaries pointed out by the Munduls and other head-men of that particular and the adjoining villages, and in the presence of disinterested parties. In other cases again where my object was the same, viz. to ascertain the extent of a number of Lakhiraj holdings in a particular village or talook, I directed the Ameen to ascertain, first of all, by careful inquiry, the actual botun-" daries of the particular village, to erect bamboos thereon, then to make a general (ek jae) measurement of the whole village, and lastly, after deducting (in instances where the village happened to be “ mal” or “istimrar”), whatever land was claimed as “mal” or “istimranº to make a distinct and separate measurement of each rent- free holding ; this latter mode is, I am now convinced, the one calculated to elicit more trust-worthy information of the resources of any particular estate or village. than any other. After the boundaries of any village are once carefully fixed, and marked out, and the lands not rent-free deducted, a certain ascertained quantity of Lakhiraj land remains, which must be accounted for, and must belong to, and be in the possession of some one or other. By this method not only the number of beegahs in each holding in excess of the amount specified in the Putwaree's papers - is ascertained, but all other Lakhiraj land, of which there is no trace in the records of the Putwaree’s office, is brought to light. 12. The following abstracts will serve in some measure to shew the general results of the measurements above adverted to : SUDIDER BOARD OF REVENUE. 89 2 Exhibiting the comparative total area of Muhals wholly Lakhiraj agreeably to the U J - ABSTRACT No. 1. a) Putwaree’s papers and the measurement of the Ameen. . i : Remarks. Putwaree's Ameen’s papers. measurement. Name of Muhal. Excess ... alted. , Area. Area. B. K. D. B. K. D. "B. K. D. Mouza Begumpoor, ........ 887 17 | 0 | 1,380 15 0 506 ll || 0 ,, Butoorya, . . . . . . . . . . 536 || 0 || 0 856] 15 || 0 320|| || 5 || 0 ,, Futihmuggur, . . . . . . . . . 484 || 0 || 0 795| 12 || 0 31 || || 2 || 0 ,, Bhoruha, . . . . . . . . . . . 2,731 || 14 || 0 | 10,858| 11 || 0 | 8, 126 17 | 0 Total,... . . . . . . . 4,637 11 || 0 || 13,891| 13 || 0 9,265 15 º 13. Abstract No. 1 requires but 'little comment, the aggregate of Lakhiraj land contained in the four Muhals is as nearly as possible treble the aggregate specified in the Putwaree’s papers. ABSTRACT No. 2. Eachibiting the comparative amount of holdings in earcess of 100 beegahs and the comparative aggregate area of the holdings directed to be measured in sia Muhals of Pergunnah Sreepoor, as specified in the Putwaree’s papers and ascertained by the measurement and local enquiry of the Ameen. ..", "sº , | } É # Putwaree's papers. Ameen's papers. H # 3 *- : Cº- &l- a *—w t ‘s #|sº s s : ; sº 3 || 3 # . e I & 5 || 3 T | 3: £ 3 || 3 T | 3: £ 3 Ž Name of Muhal. ; : ; ; ; * as 3:5 5 * as §:5 Remarks. —t as 3 & B > CŞ Q .º }- CŞ QX ă ă ă ă ă'.8 g| s g,” 5 F.3 g | 8 gº 3 * * | * : * : 3.5 S < : 5 ° à | 3.5 S → T. & T : ; ; #3 º'à || 3 & #| #3 • y #5 s[333;| #### 333;| #3; # 5- 5– re- ºr--> 2 3-4 pººl '- . - -,3 9 $- *=4 as “ºl’ & ‘as’c so'º c 3 || 3: g" || 33 º'c so"; ; ? | 3 $—s 3 2-3 rº- §-º: •- © 3 5-4 5 $–t r=ſ §-s • *-* Q e- |8- LETTER FROM THE SECRETARY TO THE GOVERNMENT OF INDIA, TO THE SECRETARY TO THE GOVERNMENT OF BEN GAL. With reference to the Circular Order of the Sudder Dewanny and Nizamut Adawluts at Calcutta, under date the 1st November last, received through your office, Letter to the secretary to the Govern. and to the correspondence noted on the margin, ment of Bengal, dated 12th August, 1839 relative to the use of the Nagree character in re- with enclosure. Letter from ditto ditto, dated 19th cording proceedings in OOrdoo in the Courts of September, 1839. # , º * & * eptember Districts in which that language is current, I am directed by the Honorable the President in Council to request that you will lay the following observations before the Honorable the Deputy Governor of Bengal. 2. In addition to the precautions which the Circular Order alluded to has directed Judges, &c. to take, before requiring the exclusive use of the Nagree character for writing the Oordoo language in proceedings before their Courts, it occurs to his Honor in Council that it might be well to forbid the introduction of that measure by any Judicial Officer before obtaining the special sanction of Govern- ment. Judges who feel prepared to introduce this change, may be required previously to report what they have done in the way of precaution laid down by this Circular Order; what are the grounds on which they are assured that the measure will not materially interfere with regularity and expedition in the disposal of business; and what measures they have taken in communication with the other District authorities for “ the adoption of a uniform system in all the branches of the public service.” NO. DXXII. TO THE COMMISSIONERS OF REVENUE. gº º February 29, 1840.-No. 10. *~ * A. CASE having been recently brought to the notice of the Sudder Board of Revenue, in which Government has suffered a heavy loss in consequence of the Revenue Commissioner having considered himself at liberty, under Clause 4, Section 4, Regulation III. of 1828, to direct a re-investigation of a resumption Suit decided against Government, and having thus allowed the SUIDDER BOARD OF REVENUE. 109 O prescribed period for an appeal to the Special Commissioner to elapse, I'am directed to call your attention to the Circular Orders of this Board of the U 10th June, 1837, (page 731, Peters',) and again to remark, that no judicial powers whatever are vested in the Revenue Commissioners by the Clause in question, and that if they shall in any case be of opinion that the grounds assigned by the resumption Officer for considering the lands exempt from assessment are insufficient or..invalid, or that due investigation has not been made, their proper course is to prefer an appeal, within the period of one year, to the Special Commissioners. The Revenue Commissioners may, within the prescribed period, legally call upon the Special Deputy Collector to furnish any information they may consider requisite to enable them to de- termine as to the expediency of an appeal; but they have no authority to direct the resumption Officer to re-try the case. NO. DXXIII. TO THE COMMISSIONERS OF REVENUE. March 14, 1840.-No. 11. WITH reference to Circular Orders of the 14th March, 1836, No. 11, I am directed by the Sudder Board of Revenue to inform you, that, in all cases of temporary settlements which may come before Commissioners for confirmation under Circular Orders of the 27th October, 1837, No. 78, the Right Honorable the Governor has been pleased to vest Commissioners with a discretionary power to exempt from assessment all petty tenures, not exceeding 10 beegahs, which may be bonā fide appropriated to religious or charitable purposes, or the proceeds of which may be enjoyed by individuals, whether Mahomedan or Hindoo, who are the priests or religious advisers of the great body of the cultivators. * NO. DXXIV. TO THE COMMISSIONERS OF REVENUE. March 18, 1840.-No. 13. IT has been brought to the notice of the Sudder Board of Revenue that the resumption Officers, in some instances, have misapprehended the nature and extent of their judicial powers, and after declaring a rent-free tenure to Circular, No. 522. Feb. 29, 1840. J Y- No. 523. Misc. DEPT. Commissioners competent to ex- empt from assess- ment in temporary settlements, tenures of not more than 10 beegahs appro- priated to religious or charitable pur- poses. No. 524. Misc. DEPT. Resumption Of. ficers not compe- tent to direct with whom settlements 2 E I 10 CIRCULAR ORDERS, Circular, No. 524. be liable to assessment, have proceeded to direct with whom the settlement March 18, 1840. tº \ Y- J of the resumed lands shall be made, I am therefore instructed to request that hall be made, but ". will call the attention of the Officers employed in resumption duties º * ". within your Division to Section 4, Regulation XIX. of 1793, and will point #9 ºment, of out to them that the only question upon which they are competent to decide, lands held rent-free . e ºn 8 ºn e e under section 4, is the liability to assessment or otherwise of lands now held rent-free. Regulation XIX. of 1793. º NO. DXXV. TO THE COMMISSIONERS OF REVENUE. No. 525. March 18, 1840.-No. 14. MISC. DEPT. l * for I AM directed to communicate the following instructions for the informa- º ºf ". tion and guidance of all Officers subordinate to this Board. tions, and other 2. With a view to economise as much as possible time and labor, as trifling matters to tº º be sºbmitted in well as expense in the several offices of this Department, the Sudder Board, º, ". t . with the approval of the Right Honorable the Governor, are pleased to the Officer forward- direct, that, in future, all applications for leave of absence, for copies of ing them. Regulations, &c., and other communications of a trifling nature, and which do not require to be made matter of record in the intermediate offices, shall be forwarded to the Board, and eventually to Government, in original, with the recommendation of the authority forwarding the application, added, as a * , tº g O © remark, at the foot of the original document. In the two instances above specified, the publication of the leave in the Gazette, or the transmission of the books, will be sufficient intimation of the application having been com- plied with, and no formal announcement thereof will be made by letter. NO. DXXVI. TO THE COMMISSIONERS OF REVENUE. No. 526. April 1, 1840.-No. 16. gº º MISC. DEPT. * Ge. Process of arrest I AM directed by the Sudder Board of Revenue to communicate for the mot legal against ...”.e. information and guidance of the several Revenue Authorities in your i. º: Division, the annexed copy of a letter from the Secretary to Government, ing to a criminal Judicial Department, under date the 3rd instant, No. 371. charge before a 2. The Constructions of the Sudder Dewanny Adawlut, referred to Magistrate. º tº tº º to by Mr. Secretary Halliday, prescribe that a party “being in attendance"on a SUDDER BOARD OF RIEVENUE. I I I } Criminal Court on bail to answer to a criminal charge,” and a person being “in attendance on a Collector to defend a suit or claim pending before that L Officer, are protected from arrest under civil process;”—and that “ in either case, the protection will last only so long as the party is in actual attendance, or coming to, or returning from, the Court.” LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. An instance having occurred in which a Collector'caused to be apprehended, on a process of arrest issued in a summary suit for arrears of rent, certain persons in attendance at the Court of a Sudder Ameen, as witnesses, I am directed by the Right Honorable the Governor of Bengal to request, that the Sudder Board of Revenue will cause a Circular to be issued to the several subordinate Revenue Authorities, directing them to considpr Constructions 885 and 893, vol. 2, by the Court of Sudder Dewanny Adawlut, as applicable to, all such cases. NO. DXXVII. TO THE COMMISSIONERS OF REVENUE. April 15, 1840–No. 17. As under the provisions of Regulation V. of 1840 the maintenance of the offices of Koranee Moollah, and Gungajullee is unnecessary, the Sudder Board of Revenue request that the persons employed in those capacities on your establishment, and on those of your subordinates, may be immediately discharged. NO. DXXVIII. Jº TO THE COMMISSIONERS OF REVENUE. April 29, 1840.-No. 19. I|N conformity with orders of Government, in the Judicial Department, under date the 14th instant, No. 660, I am directed by the Sudder Board of Revenue to intimate, for the guidance of the Collectors and Independent Deputy Collectors of your Division, that in all future cases of the appoint- ment of the Treasurer of a Collectorate, who may also be required to take charge of the Fouzdaree Treasury, it will be incumbent on the Collector to insert in the Security bond a clause rendering the sureties responsible for any abuse of trust by the Treasurer in the Fouzdaree Department. Circular, No. 526. April 1, 1840. J Y- No. 527. Misc. DEPT. Koramee Mool- lahs and Gungajul- lees to be discharg- ed as being no longer needed. No. 528. Misc. DEPT. Security bonds of Collectorate Treasurers who may also be Trea- surers in the Fouz- daree Department, to contain a clause declaring their re- sponsibility for any abuse of trust in the Fouzdaree De- partment. I 2 CIRCULAR ORDERS, No. 529. MISC. DEPT. Intimation of the various classes of cases which the Sudder Board have been empowered to dispose of finally. No. 530. MISC. DEPT. Board empow- ered to sanction refunds not ex- ceeding 500 Rs. NO. DXXIX. TO THE COMMISSIONERS OF REVENUE, May 6, 1840–No. 20. I AM directed to communicate for the information and guidance of your- self and your subordinates, that the Sudder Board of Revenue have been vested with a general authority to dispose finally of the under mentioned classes of cases, which have hitherto been considered to require the special orders of Government, viz. G. O. 3d March, 1840, No. 379. 1. Remission of nominal balances of Estates purchased at auction on account of Government, such balances being the difference between the actual assets and the recorded sudder jumma. Ditto Ditto. 2. Remission of interest in all cases in which the principal demand may have been remitted by competent Authority.— (N. B. This rule modifies G. O. of 27th January, 1835, para. 2.) G. O. 19th Dec. 1839, No. 1773. 3. Transfers in account, connected with collec- tions of Land Revenue. Such transfers are often rendered necessary by sums being inadvertently credited under wrong heads. G. O. 30th Jan. 1840, No. 199. 4. Refund of collections made from Muhals erroneously resumed, and relinquished under orders of Government. G. O. 12th Nov. 1839, No. 1614. 5. Refund of sums paid by the proprietors of recently settled Muhals, in excess of the jumma eventually fixed on con- firmation of settlement by Government. G. O. 8th Aug. 1839, No. 1142. 6. Restoration of pensions stopped in conse- quence of the non-attendance of the pensioners for a whole year, and pay- ment of arrears thus accumulated. G. O. 7th Jan. 1840, No. 76. 7. Payment of wages to the Amlah of Unco- venanted Deputy Collectors, when employed during the temporary absence of the Deputy Collectors. -º-Ciº- NO. DXXX. TO THE COMMISSIONERS OF REVENUE. June 2, 1840.-No. 22. IN continuation of Circular Orders No. 20, dated the 6th ultimo, enumera- ting certain classes of cases, which the Sudder Board have been vested with general authority to dispose of finally, without reference to Government, I } SUDDIER BOARD OF RIEVENUE, 113 am now directed to communicate for your further information, that Govern- ment have been pleased, under date the 19th ultimo, to grant to the Board the power of sanctioning refunds of all descriptions, not exceeding five hundred Rupees in amount. NO. DXXXI. TO THE COMMISSIONERS OF" REVENUE. June 3, 1840.-No. 23. WITH reference to Circular Orders of the 27th October, 1837, No. 78, I am directed by the Sudder Board of Revenue to request that in your quarterly Returns of confirmed settlements, you will be careful to distin- guish the settlements of Khas from those of resumed Muhals. This may be done without any alteration of the present form, as exhibited in the blank form annexed, by merely classifying the Muhals, and inserting those of each description, under an appropriate heading, and in consecutive order. 2. With regard to resumed Muhals, you will be careful that the entry in the column headed “nature of settlement” shall clearly shew, whether a lease has been granted to a farmer, in consequence of the recusancy of the Malik, or a temporary settlement has been made with the proprietor. sº & A & Nature of Term of Date of , Name of Muhal. District. Jumma. settlement. 'settlement. Commissioner’s order. Khas Muhals. Rampoor. Ryotwaree Akburnuggur. Farm Resumed Muhals. Shunkerpoor. Farm. Temporary Dowlutpoor, &c. &c. { lsettlement. NO. DXXXII. TO THE COMMISSIONERS OF REVENUE. July 15, 1840—No. 24. | AM directed by the Sudder Board of Revenue to inform you, that the * No. 1 18. Right Honorable the Governor, by orders” dated the 28th April, has been pleased to authorize the Board to sanction butwarrah esta- blishments under Act XI. of 1838, subject to the eventual orders of Govern- ment, on the submission of a general half-yearly statement of the establish- ments and salaries thus sanctioned. Circular, No. 530. Jume 2, 1840. Q — <º —& No. 531. MISC. DEPT. Khas and re- Sumed Muhals to be distinguished in quarterly Returns of confirmed set- tlements. No. 532. Misc. DEPT. Board empower- ed to sanction but- warrah establish- ments, subject to eventual orders of Government. 2 F 1 14 CIRCULAR ORDERS, No. 533. MISC. DEPT. Copies of decrees in pauper suits be- fore Moonsiffs to be furnished to Government Plea- der in Zillah Court that he may pro- tect the Govern- ment rights. No. 534. MISC. DEPT. Statement Ameens employed and the area mea- sured by them, with other parti- culars, to be sub- mitted in connec- tion with the ope- ration reports. 1) NO. DXXXIII. TO THE COMMISSIONERS OF REVENUE. July 14, 1840.-No. 25. | AM directed by the Sudder Board of Revenue to send you the annexed copy of a Circular, issued under date the 12th ultimo, by the Sudder Dewanny Adawlut to the Civil Authorities under their control, and to request that you will direct the several Collectors in your Division to issue instructions in accordance therewith, for the guidance of the Government Pleaders in their respective Districts. CIRCULAR. I am directed to communicate to you the following Rule, which it has been resolved, in accordance with a suggestion of the Sudder Board of Revenue for the North Western Provinces, to adopt, with a view of protecting the interests of Government in respect to Stamp duty in pauper suits before the Moonsiffs, who are empowered to try such suits when referred to them by the Judge, but have no Pleaders on the part of Government attached to their establishments. 2. Whenever a pauper's suit may have been referred for trial and decision to a Moonsiff, you will be careful to instruct him invariably to forward to your Court a copy of his decree, for the information of the Government Pleader in the Zillah Court, in order that the latter may take the necessary steps for asserting the rights of Government, in pursuance of directions which he will receive to that effect in the Revenue Department. NO. DXXXIV. TO THE COMMISSIONERS OF REVENUE, July 18, 1840–No. 26. of I AM directed by the Sudder Board of Revenue to request that, in con- nection with the operation reports of your Division, you will submit a statement in the annexed form, shewing the number of Ameens employed in measuring lands preparatory to settlement in each District, the area measured, and the amount of expense incurred, and (in the column of re- marks) the mode of remuneration, and the nature of the checks employed by the several Collectors or Khas Muhal Officers, $. } SUDDER BOARD OF REVENUE. I 1.5 2. You will have the goodness to add your own remarks and sugges- Circular, No. 534. tions, regarding the system or systems which may prevail in your Division. U July 18, 1840. — Y- Districts. Name of settling Officer. Number of Ameens. Area measured. Expense. Remarks. NO. .DXXXV. TO THE COMMISSIONERS OF REVENUE. July 29, 1840.-No. 27. No. 535. Misc. DEPT. N explanation of Rule IX. for the settlement of resumed Badshahee Penalty of ex- clusion from set- tenures, I am directed by the Sudder Board of Revenue to inform you for i. i. be en- your guidance, and that of the Officers subordinate to you employed on foºd against Lakhirajdars, only duties of resumption and settlement, that the penalty of exclusion from in case of forgeries, settlement is to be enforced against the disseized Lakhirajdar, only in the which a fraudu- lent intention is case of forgeries, in which a fraudulent intention on the part of the present apparent. 'possessor of the resumed tenure may be apparent. NO. DXXXVI. TO THE COMMISSIONERS OF REVENUE. August 5, 1840.-No. 28. No. 536. Misc. DEPT. THE Right Honorable the Governor of Bengal having concurred in opinion In a pp ea is with the Sudder Board of Revenue, that, in cases of appeal against sales for against sales for arrears, the term arrears of Revenue, it is consistent with justice and propriety that the number during which the of days an appellant may be debarred access to the appellate Authority, by appellate Authori- ty’s Court is closed, the close of that Authority’s Office or Court, on account of public holidays or to be added to the period allowed for vacations, should be added to the restricted period of appeal; I am directed appeal. to request that you will, in future, grant such indulgence in all cases of this description. 1 16 CIRCULAR ORDERS, No. 537. Misc. DEPT. Investigations into rent-free ten- ures held by Inde- pendent Chiefs to be conducted by the Political, not the Revenue, Offi- cers of Govern- ment. No. 538. Misc. DEPT. Resumed Lakhi- raj Muhals, settled subsequently to 5th NO. DXXXVII. TO THE COMMISSIONERS OF REVENUE. August 12, 1840–No. 29. I AM directed by the Sudder Board of Revenue to request that you will communicate to the several resumption Officers in your Division, for their information and guidance, the annexed copy of a letter from the Deputy Secretary to Government, under date the 4th instant, No. 1111, with its accompaniments, relative to the agency, by which investigations into rent-free tenures held by Independent Chiefs are to be conducted. LETTER FROM THE DEPUTY SECRETARY TO THE GOVERNMENT OF BEN- GAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. I am directed by the Right, Honorable the Governor of Bengal to forward the accompanying copy of a letter from the Junior Secretary to the Government of India, in the Revenue Department, No. 104, dated the 27th ultimo, and of its enclosure, for the information and guidance of the Board, and for such orders as may be necessary. LETTER FROM THE JUNIOR SECRETARY TO THE GOVERNMENT OF INDIA, TO THE SECRETARY TO THE GOVERNMENT OF BEN GAL. I am directed by the Governor General of India in Council to transmit to you, for the information of the Right Honorable the Governor of Bengal, the accom- panying copy of an extract, No. 179, from the proceedings of his Lordship in Coun- cil, in the Political Department, under date the 6th instant. EXTRACT FROM A GENERAL LETTER FROM THE HONORABLE THE COURT OF DIRECTORS, DATED 24TH APRIL, No. 19 OF 1840. PARA, 6TH. When an Independent Chiefholds lands even on ordinary rent-free tenure, his title should not be legally called in question, and an investigation, when requisite, should, as Lieutenant-Colonel Alves pointed out, be made by our Political, and not by our Revenue, Officers. Ordered that a copy of the foregoing extract be sent to the Revenue Depart- ment of the Government of India for information. NO. DXXXVIII. TO THE COMMISSIONERS OF REVENUE. August 12, 1840–No. 30. IN continuation of Circular Orders of the 18th November last, No. 28, communicating the orders of the Supreme Government for conferring on all !) SUDDER BOARD OF REVENUE. I 17 D disseized Lakhirajdars the boon of a half-rental assessment, I am directed by the Sudder Board of Revenue to transmit for the information and guidance of the Revenue Officers of your Division, the annexed copy of a letter from the Secretary to the Government of India, under date the 27th April last, and with reference thereto, to communicate the following instructions. 1. All resumed Lakhiraj tenures; the settlement of which has been made at full rates with the disseized Lakhirajdars subsequently to the 5th May, 1825, (the date of the promulgation of Regulation IX. of 1825,) and which are still in the possession of the late Lakhirajdars, or their heirs, are to be admitted to the benefit of a half jumma assessment. The date of the settlement Rooboocaree shall, for the purposes of this rule, be taken for the date of settlement. 2. Provided, however, that every resumed tenure which has passed to other hands, whether by public or private sale, shall be exempted from the benefit of the foregoing Rule, and the jumma assessed upon such tenure shall remain unaltered as heretofore. 3. Should any resumed Muhal, settled with the disseized Lakhirajdar subsequently to the date above mentioned, have been purchased on account of Government, in consequence of arrears accruing against the Lakhirajdar or his heirs, the jumma of such Muhal shall be re-adjusted on the half-rental principle, and it shall be restored to the former proprietors, subject, however, to all obligations and incumbrances which may, subsequent to the purchase, have supervened upon it. 4. The re-adjustment of jumma prescribed by the foregoing Rules may have effect from the 1st of May, 1840*, and shall be effected in the fol- lowing manner. The Collector shall ascertain the gross assets assumed as the basis of settlement, and deducting one half as the allowance of the pro- 'prietor, shall enter the other half as the Government jumma. If there be any Malikana allowance payable to another party, the amount of such allow- ance shall be first deducted, and the remaining assets shall be equally divided between the Government and the malgoozar. , 5. The proprietors of resumed Lakhiraj tenures, assessed at full rates, the jummas of which have been, or may hereafter be, reduced on confirmation of the settlement by Government, shall receive back the sums which they may have paid into the Government treasury, in excess of the reduced rate of jumma, between the date of settlement and the date of confirmation. Any disseized Lakhirajdar who may have recused to the terms of assessment shall, ) * 14th October, 1839. See C. O. 16th Sept. 1840, No. 34. Circular, No. 538. Aug. 12, 1840. —) Sy- U May, 1825, to have their jummas re- adjusted on the half-rental princi- ple, except in cases where they have changed hands in the interim—with instructions for carrying out these orders. 2 G 118 CIRCULAR ORDERS, Circular, No. 538. Aug. 12, 1840. \-- J on entering into engagements at the reduced jumma, in like manner receive the difference between the sums actually paid into the Government treasury, and the amount payable according to the jumma eventually approved by Government. 6. No other refund, whether of sums paid in by disseized Lakhirajdars, or of payments by farmers, or of collections from Muhals held khas, will be allowed. º 7. Statements shewing the re-adjustment of jummas, and the amount to be refunded to the Lakhirajdars, shall be prepared according to the annex- ed forms, and submitted for the information and approval of the Board, and of Government. 8. You will perceive the necessity of communicating these orders, with- out delay, to all subordinates whose duty it will be to carry them into execu- tion, and you will, of course, issue such subsidiary orders as may, in your opinion, be well calculated to facilitate and expedite their perfect execution. Statement shewing the re-adjustment of jummas of resumed Muhals, under orders of the Government of India, dated 27th April, 1840. Name of Name of *... f º: late Lakhi-present pro- *: iº º Remarks. tº rajdar. prietor. g & e Column 5 should shew the gross as- sets which remain after deducting the- Malikana payable to other parties, and columns 6 and 7 the jummas here- tofore paid, and now payable,to Go- vernment exclusive of such Malikana. Statement shewing the amount of sums to be refunded to the proprietors of resumed." Muhals, under orders of the Government of India, dated 27th April, 1840. Total pay- ments from Total payable Date of Jumma Jumma * ... cº-ºº:::::: *...*.*.****T* tion. Officer. vernment. g º Ne date of con-reduced jum- firmation. Ima. y SUDDIER BOARD OF REVENUE. 119 © º' FROM THE SECRETARY TO THE GoverNMENT OF INDIA, TO THE SECRE- TARY TO THE GOVERNMENT OF BENGAL. I am directed by the Right Honorable the Governor General in Council to acknowledge the receipt of your letter No. 94, of the 17th ultimo, with its enclosure from the Sudder Board of Revenue, on the subject of the late orders for a half- rental assessment on resumed Lakhiraj lands. 2. In reply, I am directed, to state that, in regard to the question of refund and retrospective adjustment of accounts, the Right Honorable the Governor Gene- ral in Council concurs in opinion with the Junior Member of the Board, as expressed in the 7th para. of the Board’s letter, that is to say, that no refund or retrospective adjustment of accounts ought to be made, except in cases of settlements made, but not yet finally confirmed. * 3. In regard to the question of time proposed in the Board’s letter, the Governor General in Council is of opinion that all resumed lands settled since the promulgation of Regulation IX. of 1825, should, with one exception, receive prospec- tively the boon of a half-rental jumma. 4. The above date is selected because by Regulation IX. of 1825, the settlement principles of Regulation VII. of 1822, for the Western Provinces, were first applied to Bengal. 5. The exception respects Lakhiraj resumptions which after final settlement have been transferred to new hands by public or private sale. It is obviously unne- cessary to extend the indulgence in question to the new purchasers of these lands, or their representatives, since they have usually, it may be presumed, purchased at prices corresponding with the jummas in force at the time of purchase. But if the purchase have been made by Government, the Estate will be restored to the pro- prietors at a half jumma, subject to all obligations and incumbrances which may, subsequent to the purchase, have supervened upon it. 6. The original enclosure of your letter is returned herewith. NO. DXXXIX. TO THE COMMISSIONERS OF REVENUE. August 24, 1840.-No. 31. AM directed by the Sudder Board of Revenue to forward to you the accompanying copy of a Resolution of the Sudder Dewanny Adawlut, dated 17th ultimo, pointing out the mode in which the Government Pleader attached to that Court is in future to recover his fees, and to request that upon that Officer furnishing you with his receipt, and a memorandum of the nature indicated in the Resolution regarding the fees due on account of any Circular, No. 538. Aug. 12, 1840. U- Y- J No. 539. Misc. DEPT. Mode in which Government Plea- der at Sudder Court is to recover his fees. 120 CIRCULAR ORDERS, \ Circular, No. 539. Aug. 24, 1840. C Y No. 540. Misc. DEPT. Rate of travel- ling allowed to en- able Deputy Col- lectors to join the stations to which they may have been transferred, without loss of pay. case belonging to your Division, you will instruct the Collector to remit the y amount to Mr. Baillie without delay. RESOLUTION, Under the sanction communicated in the above mentioned letter,” the Court * Government Orders, No. 1118. resolve that on any case being decided in this Court, in which the Government is a party, the presiding Judge shall add to his order a mote specifying the amount due to the Government Pleader, to afford that Officer the means of recovering his fees from the Government direct, through the Revenue Board or other Authority, who may have preferred or defended the appeal. ORDERED That a copy of this Resolution and of the correspondence be circulated among the Judges of this Court for their information, and a memorandum of the mode in which the entry is to be made in the decree, will also be furnished to the different Peshkars by the Register; a copy of this Resolution and of the letters will be also forwarded to the Western Court, for their information, NO. DXL. TO THE COMMISSIONERS OF REVENUE. August 28, 1840.—No. 32. I AM directed by the Sudder Board of Revenue to direct your attention to the Circular Order of the Sudder Dewanny Adawlut, dated the 15th May, 1840, No. 1534, and published in the Bengalee Gazette of the 4th instant, prescribing a fixed rate of travelling to be allowed to Judicial Officers transferred from one station to another; and to inform you that the Rules therein laid down have been approved and adopted by the Board as proper to be observed by the Uncovemanted Deputy Collectors. 2. The allowed rate of travelling is, you will observe, 5 coss (or 10 miles) a day, Sundays excepted, with an addition of one week to afford time' for the necessary arrangements, consequent on removal, being made. If the prescribed time is exceeded, the Officer will be considered as absent without leave, and not entitled to any salary for the term of such excess. y SUDDER BOARD OF REVENUE. H 21 NO. DXLI. TO THE COMMISSIONERS OF REVENUE. August 28, 1840.-No. 33. OR the information and guidance of the several Revenue Officers in your • * Division, I am desired by the Sudder Board of Revenue to acquaint you, that it has been ruled by Government, that decrees under Regulation VIII. of 1831, passed by Uncovenanted Deputy Collectors, are liable, in common with all other decisions of such Officers, to be revised and altered by their Cove- manted Principals. This judicial discretion, however, his Lordship observes, “should be exercised with due regard to circumstances; sometimes the revision will be largely, sometimes sparingly, effected. In the case of suits under Regulation VIII. of 1831, a judicious Qfficer will, for the most part, use his power of revision very sparingly.” NO. DXLII. TO THE COMMISSIONERS OF REVENUE. September 16, 1840.-No. 34. I AM directed by the Sudder Board of Revenue to transmit for the infor- mation and guidance of all Officers employed on duties of resumption and settlement within your Division, the accompanying copy of Rules passed by the Supreme Government, under date the 17th August, 1840. © 2. You will require from the Special Deputy Collectors an attentive , and strict observance of Rules I. to XII. and you will demand from them early reports on all cases in which, under the provisions of Rule XIV. and with reference to Rules IV. and VIII. the orders of Government may be necessary. , 3. Rule I. will be applicable principally to cases coming under the cognizance of Officers employed on the settlement of Government Khas and resumed Muhals. The Board direct that all such cases be reported to them, under Rule II. for final orders together with the settlement of the Muhal ; or in cases where the settlement may be confirmed by the Commissioner, that that Officer report for confirmation the claims relinquished under Rule I. at the time of revising the settlement. No. 541. Misc. DEPT. Decrees under Regulation VIII. of 1831 by Uncove- manted Deputy Collectors, liable in common with all other decisions, to be revised and al- tered by their Co- vemanted Princi- pals. No. 542. Misc. DEPT. Rules for guid- ance of Govern- ment Officers em- ployed in prosecu- ting claims to Lakhiraj tenures. 2 H H22 CIRCULAR ORDERs, \ Circular, No. 542. Sept. 16, 1840. C 4. With regard to Rule XIII. detailed instructions in accordance with the views and wishes of Government have already been issued in my letter * No. 30. of the 12th ultimo,” for the guidance of Col- lectors and settling Officers. But with reference to the provisions of Rule XIV. it will be necessary to substitute the 14th October, 1839, instead of See Board's Orders, 12th August, para. 4. the 1st May, 1840, as the date from which the adjustment of accounts, prescribed in the Board's Orders of the 12th ultimo, is to have effect. RULES. Rules for the guidance of the Government Agents employed in prosecuting public claims in regard to Lakhiraj tenures, drawn up in pursuance of the orders of the Govern- ment of India, passed on the 14th October, 1839. The following Rules, in explanation of the views and wishes of the Government as to the mode of enforcing on its part the Law of Resumption against Lakhirajdars, having been determined upon by the Government of India, are ordered to be observed by all Government Officers employed in proscouting public claims against Lakhiraj tenures, believed to be invalid, and in the assessment of resumed lands. I. Officers charged with prosecuting claims against Lakhiraj tenures shall not prefer, or maintain, any suit for lands not exceeding ten beegahs, which have been held exempt from the payment of revenue or rent without interruption since the 1st December, 1790. Provided that in the Districts of Chittagong, Sylhet, and Cuttack, this indulgence shall not extend to such lands, except where the produce is bomâ fide appropriated as an endowment for temples, or for other religious or charitable purposes; and that in Cuttack the proof of rent-free possession, without interruption, shall not be required in the cases so excepted beyond the 14th of October, 1803, the date fixed by Clause 7, Section 18, Regulation XII. of 1805. II. In all cases where the Sudder Board of Revenue, to whom general reports shall be made in the forms which the Board may prescribe, of claims relinquished under the preceding Rule, shall pass orders for the confirmation of such relinquish- ment, the orders shall be final; and a certificate, in the form to be determined by the Board, shall be granted to the holder of the lands confirmatory of his title, to secure him from all future claims, on the part of the resumption Officers, on account of the lands in question. & III. In Estates wherein the Government have acquired the proprietory right, and which it may be determined by the Revenue Authorities to let in farm, the farmer shall be precluded by an express condition in his engagements from instituting any process for the resumption of tenures referred to in Rule I. under the privileges reserved to Zemindars, Talookdars, and other proprietors of Estates, with whom a permanent settlement has been concluded. { 9 SUD DER BOARD OF REVENUE. 123 IV. If it shall appear, in the course of the investigation of any case, that the Circular, No. 542. produce of lands, the revenue of which is claimed for Government (whether the same t Sept. 16, 1840. J have been held since 1790, without interruption or not, and whether exceeding in -Y extent ten beegahs or less), has been applied consecutively to religious or charitable purposes, or to objects of general utility, it shall be the duty of the Officer prosecut- ing on the part of Government the claim to revenue, to report the fact, through - ... the prescribed channels, for the consideration and orders of the Government. • * V. Whenever any land has been held Lakhiraj, since the 12th August, 1765, and the question shall arise whether, having been so held, the tenure was originally hereditary, if it be proved, or be ascertained in the course of the investigation, that one or more successions took place before the said date, such succession or succes- sions shall be admitted by the Government prosecutor or agent as conclusive against the claim of Government to deal with the tenure as a grant for lives, liable to resumption upon decease of the incumbent of 1765; and if there be not proof of an actual succession by inheritance before the 12th August, 1765, still if from the circumstances of the case, there be strong ground of presumption in favor of hereditary possession anterior to that date, the Government Officers shall abandon the further prosecution of the claim by lapse, and shall not require proof to the specific conditions of the original grant, in the manner prescribed by a strict inter- pretation of the existing Law. VI. Whenever lands may be held under assignment for purposes in themselves permanent and perpetual, and their produce continues to be duly applied to those pur- poses, no benefit shall be taken in the conduct of the prosecution on the part of Goyernment, of the provisions contained in Section 12, Regulation III. of 1828, under which, strictly construed, the grant though specifying permanent objects, might be deemed to be for life, because of the omission of words declaring perpetuity in the grant. But if the grant be specific as a charitable provision for one or more persons, and not an endowment for purposes in their nature unlimited as to duration, it shall be construed strictly according to its terms. O VII. Persons in possession of Lakhiraj lands in Cuttack from the date of the 'acquisition of the Province consecutively to the present date, shall be allowed to retain possession during their natural lives, and in the prosecution of any claim to try the validity of the grant or title by which lands may have been so held, the demand on the part of Government shall be for an award of resumption to take effect upon the decease of the incumbent. VIII. Whenever decree of resumption may be passed against a Lakhirajdar who consecutively held the lands, and enjoyed the produce without demand of re- venue for thirty years from the date of decree, the case shall be reported through the Revenue Authorities to the Government, but the settlement of the lands under the decree shall not be delayed because of such reference. IX. In the case of lands held under Badshahee title, if the possession since 12th August, 1765, in Bengal, Behar, and Orissa, and since 1791, in Cuttack, be 124 CIRCULAR ORDERS, \, Circular, No. 542, consecutive and uninterrupted, and if the plea for resumption be that the original (Sept. 16, 1840., grantee did not actually and bomá fide obtain possession of the lands, while the Y- grantor exercised supreme power within the territory in which the lands are situate, it will be incumbent on the Government Officer conducting the prosecution, to prove the affirmative of such plea. In like manner, subsequent non-resumption by a Govern- ment Officer being a condition of the validity of Badshahee grants, the Lakhirajdar shall not be required to prove this negative by direct evidence, but if such subsequent resumption be alleged as a ground for resumption, the proof of the fact must be exhibited on the part of Government. X. The claim to resume on the ground of non-registration of the tenure in the Regulation, XIX of 1793. manner prescribed by the Regulations referred to ” XXXVII. Of 1793. 5 y xLI. of 1795. in the margin, shall not be urged on the part of 5 y XLII. of I795. ” XXXI. of , 1803. Government except in Districts in which registers, ... XXXY of £33. duly prepared, exist, to be produced, if required, 3 y XII. of 1805. * * * e tº 9 y VII. of 1808. before the tribunal deciding the case, and in which the issue of the publications prescribed in those Regulations may be suscep- tible of proof: nor shall the claim to resume for non-registration be urged in regard tö any tenures registered in the Bazee Zumeen Dufters established by orders of Government dated 31st May, 1782, or in the office established for Behar by orders dated 29th June, 1784, or in the Patna Registry office for Badshahee grants esta- blished in 1770-71, nor shall this claim be urged in respect to any tenures, the official recognition of which as Lakhiraj, that is, the knowledge of the existence of which as such by the public Officers of Government, can be proved from the public acts and proceedings of the Government, or of the Board of Revenue, or of the Land Revenue Collector of the District, of date prior to the passing of the Act under which the registration is made obligatory for the District in which the lands are situated. XI. No title to hold land Lakhiraj shall be brought into question, if other- wise valid as a permanent and perpetual tenure, on the sole ground that it is not duly described as such in the specification of title required to be given in for registry under the Regulations above cited and referred to. XII. The above Rules are to be understood as a declaration of the principles by which it is desired by the Government of India that the Officers employed in prosecuting, on the part of Government, claims against the holders of Lakhiraj tenures shall be guided. The Rules are to be binding upon those who conduct the prosecutions and appeals on behalf of Government, and are to be enforced by the Board of Revenue, and by the Revenue Commissioners, so far as their authority reaches, in the control of the proceedings of those Officers, and if, in any case that may be pending in any Court of Justice or other tribunal appointed to try the validity of claims to hold land exempt from the demand of the public Revenues, the parties concerned shall consider that the rules and principles thus laid down have been lost sight of, or have not been properly applied by the conductor of the SUDDER BOARD OF REVENUE. 125 pleadings and proceedings for Government, they shall be at liberty, by petition to Circular, No. 542. the Land Revenue Commissioner, or to the Board of Revenue, or to the Government, (Sept. 16, 1840. J to procure that instructions shall be issued requiring their observance, and, if decree Y have passed in the interim of such application, adjudging resumption upon any ground which it is herein declared to be the intention and desire of the Government to abandom, the party suffering by such decree shall, upon proper representation to the Revenue Authorities, be replaced in the position he would have held, if such plea had not been urged against him. O Rule for settlement. XIII. Whenever settlement shall be made with the holder of any resumed Lakhiraj tenure for the dues of Government thereupon, the jumma demanded from the said holder shall be at a rate not exceeding one half of the gross rental of the land resumed, and if the late Lakhirajdar have held the whole or any part of the land in nij cultivation, them for such land at the rate of one half of the estimated ‘rent value. This boom is to extend prospec- tively to all resumed lands settled since the promulgation of Regulation IX. of 1825, the date on which the settlement principles of Regulation VII. of 1822, for the Western Provinces, were first introduced into Bengal, with the exception of Lakhiraj resumptions which after final settlement have been transferred to new hands by ſº public or private sale at prices corresponding, it is to be presumed, with the jumma assessed upon them at the time of purchase. In cases, however, where the purchase has been made by Government, the Estate will be restored to the proprietors at a jumma not exceeding one half of the gross rental, subject to all obligations and incumbrances which may, subsequently to the purchase, have supervened upon it. . . XIV. These Rules, fourteen in number, are to be considered as in full force and effect from the 14th of October, 1839, and should any lands have been resumed or assessed in deviation from the same subsequently to that date, a report is to be made thereof, through the prescribed channels, for the consideration and orders of Government. © NO. DXLIII. TO THE COMMISSIONERS OF REVENUE. October 14, 1840.-No. 35. No. 543. s Misc. DEPT. º T HE heading of column 6 in the form of Account Sale, prescribed by . Alteration of Circular Order of the 9th January, 1838, having been found liable to misap- łºś. prehension, I am directed by the Sudder Board of Revenue to request that Sale. you will instruct the several Collectors in your Division to substitute for the present heading, viz. “ sudder jumma of the property sold,” the words “Sud- der jumma of the Muhal,” and to insert in the column the whole jumma of the entire Muhal, whether the Muhal be or be not under butwarrah. 2 I 126 CIRCULAR ORDERs, No. 544. MISC. DEPT. Native Officers who have been trained for the du- ties of one situation not to be invited to quit it for another post, without the concurrence of the head of the office or Department. No. 545. Muhals shewn in col. 3 of state- ment D of the Operation Returns to be classified. NO. DXLIV. TO THE COMMISSIONERS OF REVENUE. October 14, 1840.—No. 36. I AM directed by the Sudder Board of Revenue to transmit for the infor- mation of the several Revenue Authorities in your Division, the annexed extract from the proceedings of the Right Honorable the Governor General of India in Council, in the Military Department, under date the 9th ultimo, No. 276. EXTRACT FROM THE PROCEEDINGS OF THE RIGHT HONORABLE THE GOVERNOR GENERAL OF INDIA IN COUNCIL. Extract FROM A MILITARY LETTER FROM THE HonoRABLE THE Court of DIRECTORs. 14. As it is of much importance that natives, who have been trained to the duties of an office, more especially to duties of a scientific nature, such as those performed by Radhanath Sickdar, should not be incited to quit their situations with a view to their own advantage in another branch of Government employ, we fully approve of the intimation, given by you to the Revenue Board, that it was wrong for one Department of the State to bid against another for the services of competent Officers. We are of opinion that all Departments should be apprised that they must not only not invite, but must positively refuse to entertain, an application for employment from any native who is, at the time of making the application, in the public employ of a Government office or Department, unless they shall have previ- ously received the full acquiescence of the Head of such office or Department. Ordered that the preceding extract of the Honorable Court’s letter, be trans- mitted to the several Departments mentioned in the margin for information, and for such commu- nication to the heads of Offices and other Au- thorities, in correspondence with those Depart- Secret and Political Department. Judicial Department. Revenue Department. General Department. Legislative Department. ments respectively, as may appear to be necessary. NO. DXLV. TO THE COMMISSIONERS OF REVENUE, October 13, 1840.-No. 37. I AM directed by the Sudder Board of Revenue to request that you will instruct the Collectors or other Officers in charge of Khas and Resumed Muhals in your Division, to insert a remark in statement D of the Operation O SUDDER BOARD OF REVENUE. O © Returns, classifying the Muhals entered in column 3 of that statement as Circular, No. 545. follows: Reported to Commissioner or Board . . . . . . . . . . . . tº e º O & O O . 00 Pending before the Superintendent. . . . . . . . . . . . . . . . . . . . . 00 In the hands of the Deputy Collectors . . . . . . . . . . . . . . . . . . 00 Total Muhals in column 3... . . . . . . © & C C C C C e s e e º e e 00 2. The particular years to which the settlements in the two last classes belong, must also be specified. NO. DXLVI. TO THE COMMISSIONERS OF REVENUE. October 20, 1840.—No. 38. Oct. 13, 1840. U —) Y- No. 546. Misc. DEPT. ~ T HE entire charge of Stationery having been made over to the Military English Station- Board, by whom all necessary supplies are passed to the indent of the seve- ery not to beeharg- ed in contingent ral public offices, I am directed by the Sudder Board of Revenue, in con- bills. formity with orders of Government under date 29th ultimo, to acquaint you, for the information and guidance of all Revenue Officers in your Division, that they are prohibited from charging for English Stationery of any de- scription in their contingent bills; and to request that you will be careful not to Sanction any such charge. NO. DXLVII. TO THE COMMISSIONERS OF REVENUE. October 21, 1840.—No. 39. No. 547. Misc. DEPT. IN continuation of Circular Orders No. 20, of 6th May last, I am direct- Board empower- ed by the Sudder Board of Revenue to acquaint you, for your information and, for communication to the several Collectors in your Division, that * No. 1854. the Right Honorable the Governor has, under date the 29th.” ultimo, been pleased to empower the Board to remit all nominal ba- lances standing not only against Estates the property of Government, but also Estates, whether under Khas management, farmed, or settled for any definite period, in which the real demand falls short of the jumma borné on the Towjee. ed to remit all nominal balances, whether accruing under Khas man- agement, or settle- ment. 128 CIRCULAR ORDERS, No. 548. MISC. DEPT. Revised jumma of Estates pur- chased on account of Government' to be inserted, upon settlement, in Towjee, instead of the the permanent set- tlement jumma. No. 549. MISC. DEPT. Purchase price of Tents. and NO. DXLVIII. TO THE COMMISSIONERS OF REVENUE. October 21, 1840.—No. 40. WITH the sanction of Government, the Sudder Board of Revenue are pleased to direct that whenever the jumma of an Estate, purchased on ac- count of Government, shall have been re-adjusted, and the lease or settle- ment shall have been confirmed by competent Authority, the permanent settlement jumma of the Estate shall be omitted, and the revised jumma inserted in the Towjee in its stead ; but a memorandum of the former jumma is to be entered in red ink in the margin. No. DXLIX. TO THE COMMISSIONERS OF REVENUE. October 21, 1840.-No. 41. | AM directed by the Sudder Board of Revenue to transmit the annexed copy of a Resolution of the Right Honorable the Governor, in the Judicial Department, under date the 8th September, 1840, for the information and guidance of the several Collectors in your Division. RESOLUTION. (VIDE Gover NMENT ORDERs of THE 18th November, 1839.) The Right Honorable the Governor of Bengal observes that a sum of Company’s Rupees 650 was allowed every eight years on account purchase of a double-poled Tent for the use of each District Magistrate and Collector, when those offices used to be vested in the same individual, but that, on the separation of the offices, the Tents remained in most instances attached to the office of the Collector. It appears to his Lordship necessary, however, that both Magistrates and Col- lectors should be provided with office accommodation, while on duty in the interior of their Districts, and with this impression, the Governor will, as occasion may be shewn, have no objection to sanction the purchase of single-poled Tents, at an ex- pense of Company’s Rupees 350 each, for the use of Magistrates, and also, when new ones may be required, for the use of Collectors. } SUDDER BOARD OF REVENUE. 129 J NO. DL. TO THE COMMISSIONERS OF REVENUE. November 16, 1840.-No. 42. THE annexed copy of the orders of Government, No. 1628, dated 20th ... ultimo, is transmitted for the information and guidance of the several Revenue Officers in your Division. b The Right Honorable the Governor of Bengal having recently observed that several representations relating to their services have been submitted by Native Judges, Uncovenanted Deputy Collectors and others, through their several Cove- manted superiors, has deemed it proper to request, that the Board will direct their subordinates to abstain from forwarding such communications to Government in future, the public post being, his Lordship observes, the most natural and proper means through which parties desirous of bringing their claims prominently to notice, should carry their wishes into effect. NO. DLI. TO THE COMMISSIONERS OF REVENUE, December 5, 1840.-No. 44. I 'AM directed by the Sudder Board of Revenue to send you the annexed copy of a letter from Government to the address of the Superintendent of Police, bearing date the 17th ultimo ; and, with reference to the last para- graph thereof, to request that you will issue such directions to the Collectors in your Division, and enforce your instructions by such supervision, as will insure the most useful and effectual co-operation on the part of the Collec- tors with Mr. Dampier and his subordinates, in the measures which he may adopt for the improvement of the Village Police of the Khas Muhals. FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SU- tº PERINTENDENT OF POLICE, LOWER PROVINCES. I am directed to forward to you, in continuation of my letter No. 229, of the 6th of February last, copy of a communication from the Sudder Board of Revenue, No. 555, of the 31st ultimo, and of its enclosure. 2. It appears to the Governor that the Village Police of Khas Muhals, that is, Muhals the property of Government, ought to be so manned, paid, and organized as to be a model to all surrounding Estates; and his Lordship thinks there can be No. 550. Misc. DEPT. Representations to Govt. by Native Judges and other Uncovenanted Offi- cers, of their ser- vices, to be trans- mitted by the pub- lic post. No. 551. Misc. DEPT. Measures for the improvement of the Village Police of Khas Mehals, to be taken in co- operation with the Superintendent of Police. 2 K 130 CIRCULAR ORDERS, Q Circular, No. 551. Dec. 5, 1840. \ Y No. 552. MISC. DEPT. Mussulman and Hindoo gentlemen to be associated with Local Agents of each District. o O no objection in such Muhals to the system (which has been proposed for all Estates) 9 of making the Village Watchmen paid servants of the Government. 3. It would seem indeed that much of that information as to the state of the Village Police and the usages of the people in respect to its constitution and sup- port, the want of which has been in other Estates so serious an obstacle to the im- provement of the system, might, with comparative ease, be obtained in Khas Muhals, and might be turned to good account, first in improving the Police of those Muhals, and next in facilitating and gradually inducing improvement in the Village Police of the rest of the country. 4. Looking, them, at the subject of the Board’s letter as one of considerable importance, the Governor is desirous that it should receive close and careful atten. tion, and that after collecting all information necessary for the purpose, you should prepare and submit a plan for the improvement of the Village Police of Khas Muhals, beginning with those Zillahs in which Khas Muhals are most numerous and most valuable. O 5. This is a work in which, without the hearty co-operation of the Revenue Authorities, nothing useful will probably be effected; and the Sudder Board of Revenue will therefore be directed to communicate with you on the subject, and to instruct their subordinates to give you their best assistance. NO. DLII. TO THE COMMISSIONERS OF REVENUE. December 22, 1840.—No. 45. | AM directed by the Sudder Board of Revenue to send you the accom- panying extracts, paras. 14, 15 and 16, from the orders of Government in the * No. 1572. Revenue Department, under date the 24th ultimo,” and to request that in communication with the Local Agents of the several Districts of your Division, you will nominate at least two Mussulman and two Hindoo gentlemen of credit and capacity to be associated with the official Agents of each District. 2. You will also ascertain and report whether the proposition to-pay for the services of the unofficial Agents to be appointed under these orders. has the concurrence of the present Local Agents, and you will submit their opinions as to the amount of salary which should be allowed, and the manner in which such salary should be provided for. * 3. The Board desire, that in complying with this requisition, you will furnish them with a list of the existing members of each Agency in, your Division, and explain the nature of their respective charges. J SUDDER BOARD OF REVENUE. 13| EXTRACT FROM A LETTER FROM THE DEPUTY SECRETARY TO THE Circular, No. 552. GoverNMENT OF BENGAL, No. 1572, DATED THE 24th NoseMBER, Dec. 22, 1840. J 1840. *- Y PARA. 14. It is proper in all Local Agencies, and it is now particularly called for in this, to add to the members by the appointment of Hindoos and Mahomedans of credit and capacity, as has already been done in Cuttack. Such members, if they __, can be induced to apply themselves to the task, may be made to contribute largely to the influence and the usefulness of the Agencies, and it should be the study of the official Agents to induce their coadjutors to lend themselves heartily to the work. 15. It is however very much to be doubted whether if the labour of the Agents (and particularly the unofficial Agents) be worth having, it ought not to be paid for. It may perhaps, on enquiry, appear practicable, by a rateable percentage on the incomes of the lands under charge of the Local Agents in each Zillah, to allot to the unofficial members of the Agencies a moderate salary, in recompense for the labour exacted from them, and if this could be done, the duty would probably be undertaken with readiness, and discharged with punctuality. 16. I am directed to take this opportunity of observing that the Government has no record of the existing Local Agencies, their members, or the nature of their ) charges in each Zillah. This information the Board are now requested to supply. NO. DLIII. TO THE COMMISSIONERS OF REVENUE. , * January 4, 1841.-No. 1.* No. 553. wº Misc. DEPT. IT having been brought to the notice of the Sudder Board of Revenue surplus proceeds * •o : ſº g * of sale for arrears that Collectors are in the habit of paying away the surplus proceeds of of Revenue not to Estates sold for the recovery of arrears of Revenue, on the requisition of the be paid on requisi- tion of Civil Courts without consent of obtained to such appropriation, whereby in the event of a sale being subse- former proprietors. Civil Courts, without the consent of the late proprietors being previously quently set aside by the result of a suit in Court, much embarrassment necessarily ensues, I am directed by the Sudder Board of Revenue to request that you will draw the attention of the Collectors of your Division to Sec- tions 22 and 27, Regulation XI. of 1822, informing them that so long as the validity of a sale is liable to be contested by the former proprietors, that is, until the expiration of 12 years from the date of confirmation of the sale, the surplus proceeds are payable only to the receipt of the former proprietors, and that their return to any requisition from a Court of Justice for the payment of such proceeds should be a reference to the above quoted enact- Inent. * Rescinded by C. O. 12th March, 1847, No. 3. 132 CIRCULAR ORDERs, * No. 554. Misc. DEPT. Officers of every grade not to be allowed to shirk the responsibility attaching to their office. The prac- tice of submitting bulky correspond. ence animadverted OI), O NO. DLIV. TO THE COMMISSIONERS OF REVENUE. January 13, 1841–No. 2. HE attention of the Sudder Board of Revenue having been called by the Right Honorable the Governor to the disposition too frequently manifested by Officers of every grade to avoid the responsibility properly attaching to their offices, by referring to their superiors cases which they are themselves competent to dispose of, I am desired to inform you, that while the Board expect that Commissioners will insist upon the Collectors subordinate to them undertaking their due responsibility, it is the Board's resolution to insist on the Commissioners fulfilling the same obligation, and to return every case referred to them, in which it is the province of the Commissioner, under the Law and the Rules of Practice, to pass definitive orders. 2. One of the evils arising from the disposition above adverted to, is the creation of unnecessary correspondence, an evil which from various causes has of late grown to a great height, and which in its effects clogs the efficiency of all the public offices, causing a great deal of needless trouble and expense, and improperly swelling the bulk of the records. The Board expect that you will, by all the means in your power, and especially by your own example, discourage this most inconvenient and erroneous practice. 3. The Board have not unfrequently seen instances of a long corre. spondence between superiors and subordinates in the same office; but it is evident that the occasions on which such correspondence can be either ne- cessary or proper are very rare, and that in general explanation or instruc- tion may be much more easily and effectively conveyed by a few words of personal conversation, or when such opportunity does not exist, by short and peremptory written orders. An instance of the nature above referred to has been recently noticed by the Right Honorable the Governor, and the Board, in accordance with orders of Government, desire that you will strongly inculcate on all your subordinates, Covenanted and Uncovenanted, the neces- sity of avoiding the error here pointed out. {- 4. While animadverting on the subject of unnecessary correspondence, the Board deem it proper to remark generally—as they have frequently had occasion to do individually—that the references made to them by Commis- sioners are often needlessly voluminous ; the documents submitted to them sometimes containing a great deal that is either irrelevant or unimportant. As a general rule, the transmission of correspondence, either copied or in cº J SU DDER BOARD OF RIEVENUE. I 33 J) original, should be avoided as much as possible. In matters of trifling im- portance the report of the Commissioner, without any annexations or en- C closures, should be sufficient. In many instances it will be convenient to send the report of the Collector with a brief commentary by the Commis- Sioner; but in no case can it be really necessary to send (as is now often done) a mass of intermediate correspondence between the Commissioner and his subordinates, the substance of which, if it be necessary to notice it at all, should always be compressed and embodied in the Commissioner's report. NO. DLV. TO THE COMMISSIONERS OF REVENUE. January 20, 1841—No. 3." I AM directed by the Sudder Board of Revenue to request that you will report whether the Muhals on the Towjees of the several Districts in your fº Division are numbered in regular order. If in any District they are not so numbered, you will cause them to be so without delay. NO. DLVI. TO THE COMMISSIONERS OF REVENUE. January 25, 1841.-No. 4. SEVERAL instances having recently been brought to the notice of the Sudder Board of Revenue of sums of money due to individuals, especially surplus proceeds of Estates, sold for arrears of Revenue, having been allowed ( ) to remain in Collector's Treasuries, instead of being paid over at once, or credited in account, to the landed proprietor entitled to receive them, I am directed to request that you will instruct the Collectors and Deputy Collectors subordinate to you, that whenever a surplus from the sale of lands for arrears may occur, notice of the same is to be immediately served on the recorded proprietor or proprietors of the Estate sold, or on their authorized Mookteears, if in attendance ; requiring the said proprietors, within fifteen days, either to take the surplus, or to state their wishes in regard to it; and informing them that in default of their so doing, no future objection to the enforcement of a demand of Government against the proprietors, based on the existence of such surplus in the Collector's Treasury, nor any claim to receive interest thereon, will be admitted. Circular, No. 554. Jan. 13, 1841. -Y J No. 555. Misc. DEPT. Muhals on Tow- jee to be number- ed in regular order. No. 556. Misc. DEPT. Notice to be giv- em to parties of the existence of surplus proceeds of Sales or other sums of money due to them, calling on them either to re- ceive the amount at their credit, or to state their wishes respecting it. 2 L 134 CIRCULAR ORDERS, \ No. 557. MISC. DEPT. Provision for charge of a Collec- tor’s Treasury and for the performance of the current du- ties, of his office on occasions of temporary absence of Collector from the sudder station. No. 558. MISC. DEPT. Arrear of cases under Regulation VIII. of 1831, to be classified in quarterly Returns. NO. DLWii. TO THE COMMISSIONERS OF REVENUE. January 21, 1841.-No. 5. I AM directed by the Sudder Board of Revenue to inform you that the Right Honorable the Governor, at the recommendation of the Board, has been pleased to sanction the following arrangement for providing for the charge of a Collector's Treasury, and the performance of the current duties of his office, on occasions of the temporary absence of the Collector from the sudder station of the District, in cases where the Collector may have no Covenanted Deputy or qualified Assistant. º 2. Wherever there may be a Magistrate or Joint Magistrate at the same station with a Collector or Deputy Collector, it will be his duty (when no other arrangement has been expressly provided) in the event of the Collector's or Deputy Collector's authorized absence from the station, to assume charge of the Treasury and current duties of the Collector's office. If there be no Magistrate or Joint Magistrate, and the Collector have an Uncovenanted Deputy, who he thinks may be entrusted with the duty, he may, having previously obtained the sanction of the Commissioner, make over charge to such Uncovenanted Deputy, and the responsibility of the charge, during the period of its continuance, will rest with the Uncovenanted Deputy Collector. NO. DLWHHH. TO THE COMMISSIONERS OF REVENUE. January 30, 1841.-No. 6. t H AM directed by the Sudder Board of Revenue to request that in the quarterly Returns of cases under Regulation VIII. of 1831 from the several Districts of your Division, you will cause the arrear of pending cases to be classified in the column of remarks in the following form : 1 Less than 3 months 2 More than 3 months 3 More than 6 months 4 More than a year and that you will require the Collectors to explain briefly the cause of delay in every case which may have been pending more than six months. } SUDDER BOARD OF REVENUE. I 35 2. This will, of course, supersede the necessity of stating specifically, as º Nºs. tº tº , º 8.11. 3. º is at present customary, the date of the oldest suit in dependence, and the C- Y J average time taken to decide suits within the quarter. No. DLIX. To THE COMMISSIONERS OF REVENUE. March 2, 1841.-No. 7. No. 559. Misc. DEPT. IN Circular Orders of the 16th September, No. 34, it was remarked that Forms of Sun- cases of the nature contemplated in Rule I. of the Rules passed by the . º º: Government of India on the 14th October, 1839,” would generally come *: of under the cognizance of Officers employed on the settlement of Government º to º Khas and resumed Muhals. There may, however, be cases on the files of gº #: the Special Deputy Collectors, which it will be necessary to report for the circulated on 16th Board's sanction to their release. I am therefore desired to request that you “** will call upon the Special Deputy Collectors in your Division to report immediately, according to the annexed form, all cases of the nature refer- red to. 2. It will not, of course, be necessary to include in the report cases in which the claim to assessment is in itself untenable, as for instance, cases of lands held under Hookamee Sunnuds, and situated within the limits of permanently assessed Estates. 3. Two forms of Sunnuds of relinquishment are enclosed, one for cases relinquished in the course of settlement, the other for cases reported by the Special Deputy Collectors. Statement of Lakhiraj tenures proposed to be relinquished under Rule I. of the Rules passed by the Government of India on the 14th October, 1839,” and reported for the orders of the Sudder Board of Revenue. No. Name of Extent of tenure, and Nature on file. Lakhirajdar. where situated. of tenure. Remarks. * This is a mistake for 17th August, 1840. 136 CIRCULAR ORDERS, \. Circular, No. 559. FORM OF SUNNUD FOR CASES RELINQUISHED IN THE COURSE OF March 2, 1841.) * SETTLEMENT U wº Y- 9/º'e','º','e','º'4×50°99,26, cy'. --" J/rº 20% tº Jºº. cylº ºr cy!2-’, 6, 2– 25–44–Jº Jºzcºre,”-- *-* .. 2/9, 29%lſº gº Jºr- 25.2%t- (**): ºf 2,42 º 2 -'. '''', £1&9) gº i- 'gº r 1ſ29 212 22.2% º – gº ºr - G-ſºlº 4.2% 2^{-1} wº *93, 4, ºvºu, g"º. U” Jº * * * > Kºre-l U-29 º, & Ż !. -4.3 y > J% 2-ſ £” – & AA J% ſºak. A- |, | J.--" U” –3 ºv.” 2- . -- ~ *-*. & Ż Jº 2: 2 ~~~~ */J-9.5% tº 34° 244 & 2 ºr 2– ~"ºn-4-ºſ- 2. 2,42 eſ 2–2.É. e-1 <= 2, … & 2, 2– gºv's” eyº ſcºrzgº ſº. 94-º'-, 3-º-º-º-º: U” ~32, Jº zºº, G. ºt-ſº *i; } / Jº Jº 4,43r ºr Jºzº 2-ſ C2, ſ/~/. I cy” 2–~ cy!” £1. FORM OF SUNNUD FOR, CASES REPORTED BY THE SPECIAL DEPUTY COLLECTOR. cy!!...iº, ey!,' & cº.), 22, 21.0°09', 22%, cy'.” Jr.” e 35. We are of opinion that fees should not Registration fees amounting to Rs. 54 º from the Collectorate of Rajeshahye for the be paid to Government Officers for searches made, 'search and production of Lakhiraj Deeds.” e º or copies required, for the purposes of Government. *Cºm- NO. DLXII. TO THE COMMISSIONERS OF REVENUE. April 21, 1841.-No. 10. CoN SIDERABLE inconvenience having been experienced in consequence of the payment of the surplus proceeds of sales, in satisfaction of decrees of Court, to the parties whose rights and interests have been sold without due regard to the liens which other persons may have upon such surplus pro- ceeds, I am instructed by the Sudder Board of Revenue to request that you will direct the several Collectors subordinate to your jurisdiction, to invaria- bly solicit the instructions of the Court, under whose orders a sale may be made, respecting the disposal of the surplus proceeds, and to hold the same in deposit until the receipt of such instructions. =ººm- J. NO. DLXIII. TO THE COMMISSIONERS OF REVENUE. April 24, 1841–No. 11. WW ITH reference to Circular Orders of the 25th November, 1840, No. 43, the Sudder Board of Revenue, at the suggestion of the Right Honorable the Governor, are pleased to direct that in future all decrees in summary suits. for rent under Regulation VIII. of 1831, shall contain a provision for the decree being executed; and that they shall be immediately carried into execution through the proper Officer, without any formal application to that effect being required from the decree-holder. Circular, No. 561. April 14, 1841. ( – Y J tion of papers, re- quired for the purposes of Go- vernment. No. 562. WARDs’ DEPT. Court under whose orders a sale may have been made, to be applied to for instructions respecting the dis- posal of the surplus proceeds. No. 563. Misc. DEPT. Decrees in sum- mary suits for rent under Regulation VIII. of 1831, to be executed with- out formal appli- cation to that effect from the decree- holder. 140 CIRCULAR ORDERS, Q No. 564. Misc. DEPT. Lands less by the Taidad than 50 Beegahs in one Mouzah not to be resumed, or identi- fied, or settled. © NO. DIXIV. TO THE COMMISSIONERS OF REVENUE. THE following orders of Government were circulated to all the Commis. sioners on the 28th April, 1841, except Cuttack.” ORDERS OF THE GOVERNMENT OF BENGAL, DATED THE 26TH JANUARY, 1841, NO. 136. . PARA. 53. The Governor desires that it may be an instruction to Mr. Campbell and to all resumption Officers under the Board, not to attempt the iden- tification of any lands in one Mouzah, which by the Taidad or by the Register, amount in that Mouzah to less than 50 beegahs. For example, suppose the Taidad to run —l Purgannah. Mouzah. Beegahs. * Cottahs. O Plassey. Dacoiteapore, 11000 () Correanotter, 50 0 Hurrispore, 0 15 Granted by Rajah Kishen Chund Bulrampore, 10 | 0 in 1160 B. S. to the idol Lukhee- Pahurea, 25 0 narain–Caseenath Khan shewait. Sreerampore, 3 6 Total, .. 11089 l the identification should be proceeded with in Mouzahs Dacoiteapore and Correa- motter only, and not in the other four Mouzahs. 54. The same instructions, his Lordship desires, may be communicated to all settling and managing Officers of resumed Muhals under the Board. Thus, supposing the land in the above Taidad to have been resumed and made over for man- agement and settlement, the managing and settling Officers will deal as if the lands of the first named villages were the only lands in the Muhal, and will take no notice of the rest. 56. It will follow, of course, from these instructions, that when a Muhal, in the aggregate equal to or more than 50 beegahs, is stated in the Taidad to be made up of separate parcels in different Mouzahs, each of which is less than 50 beegahs, the resumption is not to be proceeded with ; nor the identification, if it have been resumed; nor if resumed and identified, the settlement.f O * These orders were afterwards communicated to the Commissioner of Cuttack. By a subsequent letter from Government, dated the 30th March, it was explaimed that these orders were intended to apply only to the Districts of Bengal Proper, and not to the Behar Districts nor to the Districts of Orissa, nor to Sylhet and Chittagong. t The stage of settlement limiting the application of these orders was afterwards defined to be the formation of the jummabundee, after which a proposal to release the lands from assessment was not to be entertained. It has also been ruled by the Board, under date 6th June, 1844, that the 50 Beegah Orders are not applicable to shikmee Muhals in Government Estates. A. SUDIOER BOARD OF REVENUE. 14 l D NO. DLXV. TO THE COMMISSIONERS OF REVENUE. May 1, 1841.-No. 13. ITH reference to the latter part of paragraph 8, of a letter from the Board of Revenue, dated the 16th February, 1819, which was circulated with the Sudder Board's letter, No. 34, of the 25th May, 1835, I am directed to acquaint you for the information and guidance of the Collectors of your Division, that it has been ruled by the Court of Sudder Dewanny Adawlut, that it is not competent to a Collector of Revenue to move the Civil Court to decide a case of disputed succession under Regulation W. of 1799, nor to the Civil Court to pass orders on such a case, except upon the complaint of a party concerned. 2. You will, therefore, instruct the Collectors subordinate to you to refrain in future from applying to the Courts in cases of the nature above referred to ; and you will point out to them that such applications are unne- cessary, for this reason, that in all cases of petition for registry, the fact of the petitioner having actually succeeded to possession is the only point for the Collector's consideration, and on that point he is himself competent to decide under Section 21, Regulation VIII. of 1800. {D * A NO. DLXVI. TO THE COMMISSIONERS OF REVENUE. May 5, 1841–No. 14. IN CONVENIENCE having been experienced in revising the Operation Returns,” from Collectors and Khas Muhal Officers not distinguishing between temporary settlements made for terms of years after full local enquiry, and mere summary arrangements pending detailed settlement, the Sudder Board of Revenue request that you will instruct those Officers to alter the heading of column 5, statement C., from “temporary settlement,” to “summary settlement,” and that of column 6, from “permanent set- J) * New forms of statements have since been prescribed for these Returns, in which the alterations here ordered are embodied. No. 565. Misc. DEPT. Collectors not competent to move Civil Courts to decide cases of disputed succession under Regulation W. of 1799, nor the Civil Courts to pass orders on such cases, except on complaint of parties Concerned. No. 566. Misc. DEPT. Alteration in heading of co- lumns 5 and 6 of Statement C. of Operation Returns. 2 N 142 CIRCULAR ORDERS, \ Circular, No. 566, tiement,” to “settled under Regulation VII. of 1822,” and having made the U May 5, 1811. , º e entries in statement C. according to this.” Y * Column 5 will, of course, contain only summary arrangements pending regular alteration, to insert in column 4 of state- settlement, and column 6, all detailed e © . e. settlements, whether temporary or perma- ment D. (in addition of course to the settle- nent. ments of Government Muhals) the contents only of column 6, statement C. bringing forward in column 5, D. all summary arrangements pending detailed settlement, as remaining for dis- posal during the ensuing season. 2. You will, at the same time, remind the Officers charged with the preparation of these statements of the instructions contained in Circular Orders of 15th October last, No. 37. º NO. DLXVII. TO THE COMMISSIONERS OF REVENUE. No. 567. June 9, 1841.-No. 15. MISC. DEPT. Lithographed IN CONVENIENCE having been occasionally experienced from Officers * indenting upon the Government Lithographic Press for supplies of forms, less than' º in such small numbers that they might with less trouble be prepared by the sº . m; establishments requiring them, I am directed by the Sudder Board of be in store. Revenue to request that you will issue instructions to all Officers under your control, prohibiting them from indenting for lithographed forms other than forms for the usual Periodical Returns, of which copies are generally in store, in cases when the number required is less than ten. NO. DLXVIII. TO THE COMMISSIONERS OF REVENUE. No. 568. June 9, 1841.-No. 16. MISC. DEPT. Treasurers to be As it has been customary to hold Collectors' Treasurers responsible for allowed the benefit e : * ~~~~~ : * te Q '4-l- ~. of any excess in deficiency of out-turn in remittances of Treasure, it has appeared to the the out-turn of re- Sudder Board to be only fair that they should be allowed the benefit of any mittances of Trea- Q tº gº gº º . . . . excess. This general principle having been approved and sanctioned by * for de the Right Honorable the Governor, I am desired to inform you that you €S. tº tº CléIl Cl are authorized, under Government Orders of the 11th ultimo, No. 641, to direct such adjustments to be made, when occasion may require, without further reference. SUDDER BOARD OF REVENUE. 143 No. DLXIX. TO THE COMMISSIONERS OF REVENUE. June 2, 1841.-No. 17. I AM directed by the Sudder Board of Revenue to inform you that, at their suggestion, Government were pleased under date the 11th ultimo, (No. 700) to empower Commissioners of Revenue to sanction disbursements of all sums transferred from the head of “Deposits” to “Profit and Loss,” under the Revenue Accountant's Circular Order of the 18th August, 1832, when claimed by parties clearly entitled to receive them. No. !) DLXX. TO THE COMMISSIONERS OF REVENUE. June 19, 1841–No. 18. IN continuation of Circular Order of the 29th January, 1840, No. 2, I am directed by the Sudder Board of Revenue, at the instance of the Superin- tendent of Police, Lower Provinces, to send you copy of a Circular of the Western Board, dated 21st February, 1840, regarding the remuneration of the Village Police in Districts under settlement; and to request that in the assessment and settlement of Government Estates in your Division, due pro- vision may be made on the principles therein laid down for the maintenance of the village watch. CIRCULAR INSTRUCTIONS REGARDING THE REMUNERATION OF WILLAGE POLICE. The following instructions regarding the remuneration of Village Police are issued for the guidance of the Officers employed on settlement duty in your Division. 2. In Districts where the settlement is now in progress, you should cause the Magistrate to inform the settlement Officer whether the Police are to be provided for in land or money, and what number of individuals is to be provided for in each village. , 3. On receiving the information, the settlement Officer must assign three acres of average good land to each Chokydar, and one acre to each Bullahir, if the subsistence is ordered to be given in land; and three rupees a month to each Chokydar, and one rupee a month to each Bullahir, if the subsistence is to be given in money. 4. In the former case, the settlement Officer will cause a statement of the numbers assigned to the fields in the field map and khusreh to be furnished to the Magistrate. No. 569. Misc. DEPT. Commissioners empowered to sanc- tion disbursements of sums transferred from “Deposits” to “Profit and Loss” under the Rev. Accountant’s Cir- cular of 18th Augt. 1832. No. 570. Misc. DEPT. Remuneration of Village Police in Government Es- tates under settle- ment. 144 CIRCULAR ORDERS, No. 571. MISC. DEPT. C. O. of 4th Jany. 1841 No. 1 not intended to interfere with at- tachmentof surplus proceeds when or- dered by Civil Courts. No. 572. Misc. DEPT. Treasurer’s Sure- ty at liberty to withdraw his secu- rity, one month being allowed from the intimation of such intention, (during which his responsibility con- tinues) to enable the Treasurer to furnish another Surety. No. 573. MISC. DEPT. No. DLXXI. TO THE COMMISSIONERS OF REVENUE. June 30, 1841.-No. 19. WITH the view of obviating any possible misapprehension in regard to Circular No. 1, dated the 4th January last, "I am directed by the Sudder Board of Revenue to inform you, that that order is not intended to interfere with the attachment of surplus proceeds when ordered by the Civil Courts, but merely directs a Collector, on any requisition from a Court of Justice for the payment of such proceeds, to refer the Court to Sections 22 and 27 of Regulation XI, of 1822. NO. DLXXII. TO THE COMMISSIONERS OF REVENUE. July 3, 1841.-No. 20. I T having been ruled by Government, on a reference from the Sudder Board of Revenue, that a Surety is at all times at liberty to withdraw his security without cause assigned, the Board are pleased to direct that in all future cases of requisition of security from Treasurers, the last clause of the form of bond, prescribed in Circular Orders of the 17th June, 1834, be omitted, and that its obligations be not enforced against any present Surety. 2. draw his security, a sufficient period, not less than one month, must be allowed to the Principal to furnish another Surety; and during that period the original Surety will continue to be held responsible, such Surety being at liberty, for his own protection, to associate another individual with the Treasurer in the execution of his trust. In the event of a Surety intimating, in writing, a wish to with- NO. DLXXIII. TO THE COMMISSIONERS OF REVENUE. July 10, 1841–No. 21. Modification of LN modification of Circular Order No. 50, dated the 7th August, 1838, Circular Order No. 50, dated 7th Aug. the following Rule, which has been approved by Government, is circulated, 9 SUDDER BOARD OF REVENUE. 145 by direction of the Sudder Board of Revenue, for the information and guid- ance of Commissioners and their subordinate Officers, who may be employed on the settlement of lands formed by alluvion. RULE. The Local Commissioner shall determine, with reference to the circum- stances of each alluvial formation, whether a temporary lease for any num- ber of years, or a permanent settlement shall be made.—Should the party entitled to a settlement object to the consolidation of the jumma assessed on the increment, with that of the original Estate, the increment shall be settled as a distinct Muhal, and shall thenceforth be held separately liable for the jumma assessed upon it. In all such cases the Commissioner will take special care that the boundary line between the alluvion and the settled Estate is accurately and clearly defined in a map to be prepared for that pur- pose, and recorded with the settlement proceedings, so as to prevent the oc- currence of future doubt or dispute. NO. DLXXIV. TO THE COMMISSIONERS OF REVENUE. July 28, 1841.—No. 22. I N explanation of Circular Orders of the 29th May, 1839, No. 10, I am directed by the Sudder Board of Revenue to acquaint you, for the informa- tion of all Officers employed on settlement duty within your jurisdiction, that the orders of Government of the 14th May, 1839, as appears from the annexed extract from a letter from Mr. Secretary Halliday, under date the 29th ultimo, were not intended to prohibit the recognition of ground rent properly so called, but merely of the cess termed mohturfah, which is under- stood to be regulated by the trade of the party, and not by the extent or eligibility of the ground occupied by him ; and which those orders therefore ruled to be not ground rent but a tax on trade and capital. EXTRACT FROM THE ORDERS OF GOVERNMENT, NO. 875, DATED 29th º JUNE, 1841. 2. In regard to No. 5493, Mohullah Pier Doomreeah, his Lordship approves of Mr. Dick's proposition to assess these lands with a ground rent of one rupee a Circular, No. 573. July 10, 1841. Q — J -Y- 1838, in regard to assessment of allu- vial increments to settled Estates. No. 574. Misc. DEPT. Orders of 14th May 1839, not in- tended to prohibit recognition of ground rent, but a cess on trade term- ed mohturfah. beegah, which after deducting 50 per cent. will give a permanent jumma to Govern- ment of Rupees 17-13-1. The orders of the 13th May, 1839, do not appear to his Lordship to have prohibited the recognition of house rent, but of a tax called mohturfah which those orders ruled not to be house rent, but a tax on trade and capital. 2 O 146 - CIRCULAR ORDERS, \ . No. 575. Misc. DEPT. Collectors to have always a num- ber of boxes of well seasoned wood, ready to be used for the transmis- sion of Treasure. No. 576. MISC. DEPT. Creation of un- authorized funds in public offices by means of fines, or deductions of pay of establishments, prohibited. No. DLXXV. TO THE COMMISSIONERS OF REVENUE. July 28, 1841.—No. 23. I N consequence of a representation from the Military Department, com- plaining that the boxes in which Treasure is pâcked, are frequently made of unseasoned wood, and that a material difference is thereby caused in the gross weight of the boxes between the delivery of the Treasure to the charge of the escort, and its arrival at its destination—thus defeating in some measure the object of the Government General Orders of 12th November, 1838, regarding the weighing of Treasure sent by escort from one station to another—the Sudder Board of Revenue have been directed, by orders of the Bengal Government in the Revenue Department, under date the 13th instant, to adopt measures for remedying the evil complained of ; and they accordingly request that you will instruct the Collectors of your Division to have always a sufficient number of boxes of well seasoned wood, ready to be used for the transmission of Treasure. * NO. DLXXVI. TO THE COMMISSIONERS OF REVENUE. August 11, 1841–No. 24. HE annexed copy of orders of Government, dated the 27th ultimo, No. 1207, is circulated, by direction of the Sudder Board of Revenue, for the information and guidance of all Officers in the Revenue Department. LETTER FROM THE DEPUTY SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. Orders having been recently received from the Honorable the Court, of g Directors, prohibiting the creation of unauthorized funds in public offices, through the means of fines or from deductions made from the pay of establishments, and directing that sums thus accruing should be carried to the credit of Government, I am directed by the Right Honorable the Governor of Bengal to request that the Sudder Board will be pleased to communicate the purport of the orders of the Honorable Court to the several Officers subject to their control for their information and guidance. SUDDER BOARD OF REVENUE. J47 NO. DLXXVII. TO THE COMMISSIONERS OF REVENUE. September 20, 1841.-No. 25. HE Sudder Board of Revenue having had under consideration the practice which obtains in regard to the disposal of the proceeds of sales made by orders of the Civil Courts, are of opinion that as, by Regulation VII. of 1825, such sales are declared to convey only the rights and interests of the individuals answerable for the amount of the decree in execution of which the sale is made, they should be treated, so far as Government is concerned, as mere private transfers ; and that it is alike unnecessary and inexpedient to deduct from the sale price any arrears of Revenue due from the Muhal, in which the rights and interests of any person’or persons may be brought to sale. Such a course is obviously unfair and inequitable when the party, against whom the process is enforced, possesses only a limited share in a joint undivided Estate; and it is in all cases objectionable as tending to confuse two very different processes, and to infringe the great principle of the hypothecation of the land itself for the Revenue assessed upon it. 2. The Board are therefore pleased to direct that the practice above alluded to be discontinued, and that the Collectors be instructed to be careful in causing it to be distinctly understood, in every case of sale held in satisfaction of a decree of Court or other similar claim, that it is a condition * see section 15, Regulation XLV. 1793. of the sale" that the purchaser succeeds to all the liabilities of the former proprietor, and that the Government claims against the Muhal are in no degree affected by the sale. NO. DLXXVIII. TO THE COMMISSIONERS OF REVENUE. • September 25, 1841–No. 26. N consequence of a communication from Government, dated the 31st ultimo, the Sudder Board of Revenue are pleased to direct that if in any District within your jurisdiction, Deputy Collectors under Regulation IX. No. 577. Misc. DEPT. Practice of de- ducting arrears of Revenue due from a Muhal, from the proceeds of sale of the rights and in- terests of parties sold in satisfaction of decrees of Court, declared to be in- expedient, and or- dered to be discon- tinued. No. 578. Misc. DEPT. Uncovenanted Deputy Collectors prohibited from en- tering into farming engagements for of 1833, employed in that District, have been allowed to enter into farming engagements for lands open to settlement, immediate measures may be adopted for putting a stop to so objectionable a practice. lands open to set- tlement in Districts in which they are employed. 148 CIRCULAR ORDERS, No. 579. Misc. DEPT. Instructions on questions connect- ed with the opera- tion of the new Sale Law, Act XII. of 1841. Sale days. Arrears. Interest. NO. DLXXIX. TO THE COMMISSIONERS OF REVENUE. October 6, 1841.-No. 27. As the new Sale Law, Act XII. of 1841, is to have effect from the 1st January, 1842, I am desired to communicate the following observations and instructions on certain questions of detail connected with its operation. 2. The Board have resolved on appointing four sale days in each year. The dates will be communicated to you hereafter ; but it is first necessary to provide for the broken period of the year 1841-42. Within this period the Board have thought it necessary to have two sales, and they have selected as the most convenient dates, the 28th January and 5th April, for Districts in which the Bengal Era (or Umlee) is current, and the 21st January and 15th April for Fuslee Districts. They have thought it advisa- ble to have a sale in January, because from the course of procedure under the old Law, there must necessarily be a considerable arrear due at the time the new Law comes into force. 3. Arrears are to be reckoned (section W.) according to the settlement and kistbundee of the Muhal, in supersession of the practice prescribed by the Resolution of the Statements Committee (C.O. 27th July, 1836, No. 35) of reckoning them according to the English months. If therefore the day fixed for a sale should fall in the month of Poos, all sums due on account of the kist of Aghun and previous kists, will be considered as arrears. 4. The demand on account of which the first sale in January 1842 is to be made, should be limited to arrears of Land Revenue due on account of 1248 B. S. or 1249 F. or U. S. 5. For all arrears of previous years, which may be outstanding on the 1st January, 1842, and for all demands of interest on account of arrears falling due previously to that date, the process of recovery will be that prescribed in Section VIII. of the Act. 6. It is not intended by Section II. that the charge of interest on arrears falling due previous to the Act coming into operation shall cease on the date abovementioned. Interest at the prescribed rate will continue to be charged on such arrears up to the date of their liquidation. 7. As the question has been raised, it may be necessary to observe that under Circular Orders, dated 27th July, 1836, the kist of Aghun (or December) will not become an arrear until the 1st January, and, consequent- ly, that that kist will not be chargeable with interest. SUDDER BOARD OF REVENUE. 149 8. Collectors will refrain from putting up to sale in January next any Muhal, the jumma of which may not exceed ten Rupees. When the dates U for the four periodical sales are communicated, instructions will also be issued regarding the sale of petty Estates, in correspondence with Circular Orders of the 26th November, 1836. 9. Reference having been made to the Board regarding the best mode of meeting the difficulty anticipated in receiving the large sums which, it is expected, will be poured into the Treasury on the last day previous to the sale ; it occurs to the Board, that it will be expedient for the Collectors to require, by a general notification, that parties bringing money on the last day shall put up their payments in sealed bags, a paper or “beejuck” containing the name of the Estate, the name of the payer, and the sum paid, being placed in the mouth of each bag, and the same particulars being also written on the outside of it. As the bags aré given in, the Wassil-bakee Nuvees and the Seeah Nuvees will note in a book the name of the Muhal and the alleged amount of payment ; and the Collector will see that any bags which remain uncounted when he leaves office, are locked up under the joint key of himself and the Treasurer. It is desirable that the parties should be present at the opening of the bags, but in any case they will stand the consequence of the payment being short, or the bags on examination not being found to contain the alleged sum. Collectors, however, will exercise fheir discretion in making allowance for the occasional occurrence of bad or short weight Rupees. 10. The Board have been asked the meaning of the term “lowest number” in Section XIV. It should scarcely be necessary to explain that it is not intended to invert the order of the Towjee, as some have supposed, and that the word lowest used in connexion with the word number, describes ‘the condition of the thing spoken of with respect to number, not to place. 11. A number of lithographed copies of an Ishtehar, notifying the days fixed for sales in the current year, will be transmitted direct to the several Collectors ; you will take care that they are duly published at the places , specified in Section III. and that copies are also sent to every Moonsiff's Cutcherry, Police Thannah, and other place of general resort in the District. Circular, No. 579. Oct. 6, 1841. -Y- J Petty Estates. Payments. Term “lowest number.” Ishtehars. 150 CIRCULAR ORDERS, No. 580. MISC. DEPT. Correspondence between Govern- ment and Mint Committee, ruling that the whole ex- pense of remittance, and maintenance of an Agent for the protection of Trea- surers at the Mint, shall be borne by Government as a charge of remit- tance, to be dis- bursed under the authority of Com- missioners. NO. DLXXX. TO THE COMMISSIONERS OF REVENUE. November 10, 1841.-No. 31. THE annexed extract from the proceedings of the Right Honorable the Governor of Bengal, in the Financial Department, under date the 1st Sep- tember, 1841, No. 634, is circulated for the information and guidance of Commissioners, and of Collectors and Deputy Collectors in charge of Treasuries, in conformity with orders from the Revenue Department, dated the 28th idem, No. 1360. EXTRACT FROM THE PROCEEDINGS OF THE RIGHT HONORABLE THE GOVERNOR OF BENGAL IN THE FINANCIAL DEPARTMENT, UNDER DATE THE 1st SEPTEMBER, 1841. LETTER PARAS. 3 AND 4 OF MINT COMMITTEE. PART of PARA. 3d. We are of opinion that the whole expense of remittances, and of the, measures necessary to protect the Treasurer from disadvantage at the Mint, ought to be regarded as a legitimate part of the charge of remittance and defrayed by Government. Every care should be taken to avoid as much as possible any unnecessary detention on the route, and to make the expense of maintaining an Agent on the part of the Treasurer, while travelling from the consigning Collector to the Mint and back again, as light as practicable, and we would recommend that the charges in all such cases be disbursed under the authority of the Commissioners. 4th. It will not be necessary, we imagine, for the Agent on behalf of the Treasurer, to accompany the dispatch to the Mint in the first instance, and it might be a rule, to be suspended however in cases of emergency, when it may be absolutely necessary to bring under immediate operation whatever bullion may be available in the Mint for coimage,_that the packages shall not be opened till time has been allowed for the Mint Master to communicate with the dispatching Collector, and for the Treasurer to depute his representative to be present at the opening of the boxes; such an arrangement would, we think, be fair and reasonable towards the Treasurer, and would not, we conceive, subject the Government to any great expense. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE MINT COMMITTEE OF CALCUTTA. I am directed to acknowledge the receipt of your letter, dated the 5th ultimo, on the subject of remittances made to the Mint from the Treasuries of Collectors, and in reply to state that, under the circumstances noticed, the Right Honorable the Governor of Bengal approves the modification therein proposed in the Rules passed by Government in 1837, and concurs with your Committee in concluding that the whole of the expense of remittance, and of the measures necessary for SUDDER BOARD OF REVENUE. 151 maintaining an Agent to protect the Treasurers of Collectorates from disadvantage Circular, No. 580. at the Mint, ought to be borne by Government as a charge of remittance, to be disbursed under the authority of the Commissioners. The expenses attending this arrangement will be watched by the Accountant in the Revenue Department, and reported annually to the Government. NO. DLXXXI. TO THE COMMISSIONERS OF REVENUE. November 24, 1841.-No. 32. THE Sudder Board of Revenue are pleased to direct that the annexed extract from the proceedings of the Right Honorable the Governor General of India in Council, in the Financial Department, under date the 29th Sep- tember, 1841, be circulated for the information and guidance of Collectors and Deputy Collectors in charge of Treasuries. EXTRACT. The Right Honorable the Governor General in Council concurs in the opinion of the Accountant General, that there ought to be some well defined restriction on Gollèctors in regard to the transfer of the charge of their Treasuries to Deputy Collectors appointed under Regulation IX. of 1833; and inconvenience having been experienced from the want of a uniform regulation in this respect in the two Divisions of the Bengal Presidency, his Lordship in Council is pleased to resolve that the sanction of the Governor of Bengalº or the Lieutenant-Governor for the North Western Provinces (according to the Division in which it may be ordered), shall be obtained and notified in the Official Gazette before a Deputy Collector appointed under the Regulation above quoted can be placed by his Covenanted superior in charge of the Collector’s Treasury. Public Officers will be pleased to observe that when an Uncovenanted Deputy Collector has been appointed to the charge of a Revenue Treasury, with the sanction of the Government as provided for in this Resolution, he is competent to negotiate bills and to perform all other duties of the Treasury, being himself responsible jointly with the Treasurer for the custody of the public money, and for the proper observance of all the prescribed checks and accounts; but the Collector or other Covenanted superior is not thereby exonerated from his general responsibility as head of the office for the affairs of the Public Treasury. * See modified and later orders on this subject, C. O. 29th March, 1848–No. 7. Nov. 10, 184 l. U -Y- J No. 581. Misc. DEPT. Sanction of Govt. necessary to be ob- tained and notified in the official Ga- zette, before a De- puty Collector un- der Reg. IX. of 1833 can be placed in charge of a Col- lector's Treasury. Nature of his duties and responsibilities when placed in charge. 152 CIRCULAR ORDERS, No. 582. Misc. DEPT. Notifications of general importance to be sent for pub- lication in the Wer- nacular Gazettes. •No. 583. Misc. DEPT. Custom of Trea- surers of levying batta upon coins which are subse- quently passed in- to circulation with- out deduction or allowance, consi- dered highly objec- tionable. NO. DLXXXII. TO THE COMMISSIONERS OF REVENUE. December 1, 1841.—No. 33. I AM directed by the Sudder Board of Revenue to request that you will bear in mind, and intimate to your subordinates, that all public notifications of general importance should be sent for publication in the Vernacular Gazettes, as the best means of giving them a wide currency among the natives. No. DLXXXIII. December 15, 1841–No. 34. IN conformity with orders of the Right Honorable the Governor, in the Revenue Department, under date the 23d ultimo, No. 1546, the Sudder Board of Revenue direct that the annexed extract from the proceedings of Government, in the Mint Department, dated the 27th October, 1841, be communicated for the information and guidance of all Collectors and Deputy Collectors in charge of Treasuries. EXTRACT FROM A LETTER FROM THE HONORABLE THE COURT OF DIRECTORS, ADDRESSED TO THE GOVERNMENT OF BENGAL, IN THE FINANCIAL DEPARTMENT, DATED THE 1st SEPTEMBER, 1841, No. 28, Letter from Mint Committee to Deputy Governor, dated 16th November, 1837. 3. In ordinary cases the proportion of coin remitted from a Zillah Treasury to the Mint forms but a small percentage on the aggregate cohections of the year, and the liability to make good deficiencies in weight and quality may be regarded as a moderate deduction from the salary of the appointment of Khazanchee, which is perhaps fully met by the batta levied by him on Rupees paid into his Treasury obviously worn and deteriorated. —The greater part of such coin as barely verge on the that we deem it highly obj ectionable limits of wear fiazed by Regulation, or 6 as, per cent. on old Sicca Rupees (which is, it should be remarked, so that an Officer should be permitted to small as to leave hardly any trace of wear perceptible to increase his emolume º the eye,) would, in ordinary cases, be freely passed again IntS by levy Ing into circulation, or paid over to the General Treasury batta upon coins which are subse- and thence re-issued. o o e ſº quently passed into circulation with- 4. We take this opportunity of remarking, with reference to an ob- servation in paragraph 3 of the letter of the Mint Committee to the Deputy Governor, dated 16th November,1837, out deduction or allowance. SUDDER BOARD OF REVENUE. 153 _) ºp EXTRACT FROM RESOLUTION OF GOVERNMENT IN THE MINT DEPART- MENT, UNDER DATE THE 27th OCTOBER, 1841. With reference to the observations of the Honorable the Court of Directors on the Mint Committee’s letter to the Deputy Governor, dated the 16th November, 1837, on the subject of the batta levied by Khazanchees of Zillah Treasuries on worn and deteriorated Rupees paid into those Treasuries, which are afterwards circulated and passed without deduction or allowance, the Right Honorable the Governor remarks that this is not a recognized emolument of the Treasurer, although in prac- tice it has been found difficult to prevent the exaction. His Lordship hopes that when the old currencies have been withdrawm in the North Western Provinces, the plea for exacting batta will not be forthcoming ; in the meantime it is known that the attention of the Authorities in those Provinces is directed to the objectionable practice noticed by the Court. Ordered that a copy of paragraph 4 of the Court’s Despatch, and of the fore- going observations, be forwarded to the Revenue Department of the Government of Bengal for information, and such further orders as may be deemed necessary. NO. DLXXXIV. TO THE COMMISSIONERS OF REVENUE. January 22, 1842.—No. 1. I AM directed by the Sudder Board of Revenue to call your attention to the notice published in the Calcutta Gazette of this day's date, fixing the sale days for 1842-43 and succeeding years, and to request that you will issue instructions to the Collectors of your Division for the immediate publication of the advertisement prescribed in Section III. Regulation XII. of 1841, in the several Courts and Offices therein specified, and also to take such measures as may be necessary for making the substance of the notice generally known throughout their several Districts. NOTICE. The undermentioned dates have been fixed by the Sudder Board of Revenue, under Section III. Regulation XII. of 1841, for commencing the sale of permanently settled Estates for arrears of Land Revenue due thereon, in the year 1842-43, and succeeding years, until otherwise notified from this Office : Circular, No. 583. Dec. 15, 1841. U Y. –) No. 584. Misc. DEPT. Sale days fixed for 1842-43 and succeeding years under Act XII. of 1841. 2 Q 154 CIRCULAR ORDERS, Circular, No. 584. In Districts and for Muhals in which the Bengal or Umlee Era is current, U Jan. 22, 1842. _j with the exception of Zillah Sylhet, Y. 28th June, 28th September, 28th December, and 28th March; and in Districts and for Muhals in which the Fusly ‘Era is current, © 7th June, 28th September, 28th December, and 28th March. Petty Estates, the jummas of which do not exceed 100 Rupees, will be liable to sale only once, twice or three times in the year, according to the amount of their respective jummas, viz. O Tº , ſºstates with a jumma of 10. Rs. and under, ... . . . in March. § 3 ; Estates with a jumma exceeding 10 and not exceed-\in December and T.E. ‘5 ° ing 50 Rupees, . . . . . . . . . . . . . . . . . . . . . . . . . . . . March. O #5 := | Estates with a jumma exceeding 50 and not exceed-\in December, March § ing 100 Rupees,. . . . . . . . . . . . . . . . . . . . . . . . . . ... and June. ſestates with a jumma of 10 Rupees, and under, .... in June. E3 Estates with a jumma exceeding 10 and not exceed-\ in December and Tº # * ... ing 50 Rupees, ... . . . . . ;... . . . . . . . . . . . . . . . . _ſ, June. H = Bstates with a jumma exceeding 50 and not exceed-U in December, March U ing 100 Rupees,. . . . . . . . . . . . . . . . . . . . . . . . . . . . and June. The following dates have been fixed for Zillah Sylhet, • . 28th September, 18th January, and 18th April. N. B.-This Notice does not apply to the Districts of the Chittagong Division, viz. Chittagong, Tipperah, and Bullooah, the fixed dates for which have been already advertised under the authority of the Commissioner of that Division. O *Oºm- NO. DLXXXV. TO THE COMMISSIONERS OF REVENUE. No. 585. February 9, 1842.-No. 3. Misc. DEPT. Result of sales I AM directed by the Sudder Board of Revenue to request that you-will * * * report, at an early date, the result of the sales held under Act XII. of 1841 SUIDIDER BOARD OF REVENUE. 155 TD on the 21st or 28th of January, in the several Districts of your Division, in the following form : Number of Muhals Jumma of Muhals Amount sale sold. sold. price. NAME of DISTRICT. Purchased | Purchased Purchased | Purchased Purchased | Purchased OIn a CCt. b Total. on acct. y Total. on acct. by Total. of Govt. Individuals. * of Govt. Individuals. of Govt. (Individuals. --> e º seem- NO. DLXXXVI. TO THE COMMISSIONERS OF REVENUE. February 9, 1842.-No. 4. | AM directed by the Sudder Board of Revenue to transmit for your information. and guidance the accompanying extract from the orders of Government, No. 125, dated 18th ultimo, in reply to the Board's report on the operations in the Jessore Division for the year 1840–41. 2. the necessary instructions for immediately relieving the accounts of the several Collectors and Superintendents in your Division of all Khas balances ºup to 1246 B. S.; and you will see that the remanent balances of 1247 are in like manner written off before the preparation of the Returns for 1841-42. 3. You will give and enforce a heedful attention to the instructions contained in the 8th para. of the Government Orders, and you will be careful that the number of Seer Muhals, the demand against which is framed on a real jummabundee, be distinguished in future Returns from those in which the jumma is merely conjectural. In conformity with these orders, you will have the goodness to issue EXTRACT FROM THE ORDERS OF GOVERNMENT, No. 125, DATED 18TH JANUARY, 1842. Para. 4. Two things have for many years rendered these two important State- ments in a great degree unavailing to the Government. Circular, No. 585. Feb. 9, 1842. U Y- held on the fixed date in January, to be reported in a given form. J No. 586. Misc. DEPT. Accounts to be relieved of Khas balances. – S e er Muhals with real jummas to be dis- tinguished from those the jumma of which is only conjectural, in Ope- ration Returns. 156 CIRCULAR ORDERS, Circular, No. 586. Feb. 9, 1842. C Y First. That the jumma or demand of the year is for the most part quite , conjectural, and generally very wide of the truth; and secondly, that the accounts are needlessly swelled by accumulations of old balances, calculated upon nominal jummas, and therefore almost entirely irrecoverable. 5. The attention of the Board has, year by year, been directed to these points, especially the latter, and a little progress has here and there been made in improving them, but it is evident that by the means hitherto used, no complete reform will be effected. Before a balance can be written off, however old and hopeless it may be, the Local Officer must make a tedious investigation into its history, and give a detailed report in English of all its circumstances. And reports of this kind, if the Local Officers ever find time to make them, have after all to be re-examined and reported on by other Authorities in succession. Hence it has naturally come to pass that the outstanding or bukya balances under heads A. and B. amount in each Division to enormous sums, such for instance as 14,26,240 Rupees in the report for the Jessore Division now under consideration, and they not only cumber the accounts and make it impossible to tell whether a Collector is doing good or bad service, but hang for ever over the heads of the ryots, interfering with their exertions for current payment, and giving to interested underlings a perpetual means of extortion and annoy- a DC6, 6. It may very safely be taken for granted in a Government Khas Muhal, or in a resumed Muhal managed by Government, that so much of the bonā fide demand of the year as is not recovered during the first quarter of the following year, or at farthest during the first two quarters, is, with few exceptions, irrecoverable, or if it be subsequently recovered, that it is usually at the expense of the prosperity of the Estate concerned, and at the hazard of ruining the ryots. If this be so, when the demand of the year is bonā fide and formed upon actual data, it must be much more inconvenient in all respects to continue these perpetual balances, when they arise, as in the present case, out of conjectural and estimated demands, seldom, it may be presumed, lower than the truth, and for the most part far above it. 7. If for Muhals so circumstanced, and as a commencement of a new system, a whole year be given for collecting the remaining balance of a preceding year, the Governor is satisfied that all older balances may, with very trifling exceptions, be safely and wisely struck out of the accounts without further question, and in that conviction his Lordship is pleased to direct that, with such exceptions as, on special grounds shewn in each case by the Local Authorities, the Board may think fit to direct, all outstanding bukya balances of the Operation Reports under heads A. and B. of an older date than the year preceding the current year, be written off the accounts, and all attempt at collecting them at once prohibited. And that in future the same be done at the commencement of each official year (with such exceptions as may be especially ordered as above) and so as that there may never be in future (except such special items) any balance in the statements A. and B. of older date than the year preceding the current year. * J SUDDER BOARD OF REVENUE. 157 8. In regard to the conjectural junamas, the Governor desires that it be made a special instruction to the Commissioners that they without delay cause the Local Officers to revise and amend the statement of ascertained and estimated jumma under heads A. and B., and to furnish to them a concise tabular statement of the revision, to be by them examined, and if correct, confirmed; but that as far as possible, estimated jummas be got rid of, and the statements framed upon actual jummabundees, for forming which every successive year of collection in management in a Muhal must furnish improved means. The Commissioners should report to the Board, and the Board to the Government, the compketion of this work, and they should be urged to bring it to conclusion as speedily as possible. -ºr NO. DLXXXVII. TO THE COMMISSIONERS OF REVENUE. February 23, 1842. –No. 6. | AM directed by the Sudder Board of Revenue to forward for your in- formation, and for communication to the resumption Officers within your jurisdiction, the accompanying extract from a letter addressed to the Secre- tary to Government, in the Revenue Department, No. 556, under date 7th December last, together with a copy of the order, passed by the Right Honorable the Governor of Bengal, No. 168, under date 1st instant, regard- ing the identification of lands supposed to be held rent-free previously to any decree of resumption being passed. EXTRACT FROM A LETTER TO THE SECRETARY TO GOVERNMENT, IN THE REVENUE DEPARTMENT, No. 556, DATED 7TH DECEMBER, 1841. 4. Sec. 7, Regulation II. of 1819 requires that in all cases of towfeer and alluvion a full and particular enquiry into the circumstances and condition of the lañd, at the period of the Decennial Settlement, shall be instituted previous to a decree for assessment, and it is obvious that such an enquiry cannot be made without, not only local identification, but also survey and measurement.* This , * vide C. O. April 25th, 1836, No. 301. section however does not apply to ordinary lakhi- raj cases, and in these, therefore, the necessity for identification previously to decision must depend entirely upon the nature of the suit. 5. If the Lakhirajdar appears, produces his title-deeds, admits his possession of the lands recorded in those deeds, and bond fide defends the suit, there is every reason to suppose that the lands so recorded are really held rent-free by him, and in such a case there would seem to be no necessity for local enquiry and identification Circular, No. 586. Feb. 9, 1842. C TV- No. 587. Misc. Dept. Identification i. e. ascertainment of the existence and of the party in pos- session of lakhiraj land, but without actual measurement and ascertainment of boundaries, to be made previous to decision in un- defended cases, and cases in which the Lakhirajdar ap- pears, but has no title deeds. 2 R. 158 CIRCULAR ORDERS, (A Circular, No. 587, previous to decision. If, however, the Lakhirajdar appears, but has no title-deeds, Feb. 23, 1842. \ Y- J and seems disposed to admit the claim of Government, much caution is necessary in receiving his evidence as to the fact of his being in possession; inasmuch as a nominal defendant will of course be very glad to settle at half jumma for lands which either never belonged to him, or from which he has been ejected by others; and in these cases the Board would prefer a local enquiry as to the fact of possession before any decision is given.—If the defendant’s statement is true, he will point out the lands immediately, and no expense or delay worth mentioning need be incurred. If his statement is false, much trouble and expense will be saved either by abandoming the suit, or by instituting it at once against the party in possession, as may appear most expedient. 6. In all undefended cases the Board consider local investigation, previous to decision, to be absolutely necessary, as the system of resuming lands upon no better grounds than an entry in a Taidad cannot lead to any but the most mischievous results. Frequently the statement in the Taidad is erroneous or insufficient, but even when correct, the lands must, in almost every instance, have passed into the possession of some person other than the party there named, and that person not being a party to the suit, the decree is a dead letter. In all these cases the lands must be identified before the cases can be decided. º |EXTRACT FROM THE PROCEEDINGS OF THE RIGHT HONORABLE THE GOVERNOR OF BENGAL, IN THE REVENUE DEPARTMENT, UNDER DATE THE 1st FEBRUARY, 1842. Read the following documents regarding the instructions proposed to be issued to the resumption Officers for the identification of lands previous to resumption.” Letter No. 556, from Secretary Sudder Board of Revenue, dated 7th Decem- ber, 1841. To Secretary Sudder Board of Revenue, No. 37, dated 28th December, 1841. To Special Commissioners of Cuttack, Sylhet, Patna, Chittagong, Calcutta and Moorshedabad, dated the 28th December, 1841. From Special Commissioner of Moorshedabad, No. 24, dated 17th January, 1842. Ditto ditto of Patna, No. 330, dated ditto. º Ditto Commissioner of Chittagong, No. 4, dated ditto. Ditto officiating Special Commissioner of Sylhet, No. 2, dated 20th January, 1842. * The Governor is of opinion that the Rules proposed by the Board may properly, be adopted, with this modification, that the word “identification” be taken to mean the ascertaining that there really exists such a tenure as is to be litigated, and the ascertaining of the possessor. But there need not, his Lordship thinks, be any measurement or ascertainment of boundaries previous to a decree. Ordered, that a copy of this Resolution be communicated to the Sudder Board of Revenue and to the Special Commissioners respectively, for their information. SUDDER BOARD OF RIEVENUE. 1.59 DLXXXVIII. p TO THE COMMISSIONERS OF REVENUE. February 23, 1842.-No. 7.* ITH reference to the provisions of Section WI. Act XII. of 1841, I am directed by the Sudder Board of Revenue to request, that you will instruct the Collectors of your Division to cause it to be generally understood by all parties who pay their Revenue into any other Treasury than that of the District in which their Estates are situated, that it is incumbent on them to give in the bill of exchange, chulan, or receipt granted by the Collector at whose Treasury payment is made, to the Treasury of the District to which their Estates respectively belong, on or before the day preceding the fixed day of sale, and that the mere payment of arrears at the receiving Treasury on or before the day above specified, without such receipt duly presented at the Treasury of their own District, will not be sufficient to exempt their Estates from sale. No. DLXXXIX. TO THE COMMISSIONERS OF REVENUE. April 27, 1842. –No. 9. N compliance with a suggestion of the Court of Sudder Dewanny Adaw- lüt, the Sudder Board of Revenue desire me to request that you will bring to the notice of the Collectors of your Division, that the new Sale Law (as indeed was the case with Regulation XI. of 1822) has reference only to arrears of Government Revenue, or other claims of Government recoverable as arrears of Revenue, and that the rules in force for the sale of lands in execution of decrees of Court are those pre- scribed in Regulation XLV. of 1793.” , * See also Regulation XII. of 1796 and C. O. No. 25, September 20th, 1841. NO. DXC. TO THE COMMISSIONERS OF REVENUE, April 30, 1842.-No. 10. ITH reference to Circular Orders, No. 4, dated 9th February, I am directed by the Sudder Board of Revenue to inform you that the sanction * The rule as it now stands with reference to the altered provisions of the present Law (Act I. of 1845) will be found in Precedent No. 9 dated 1st May, 1850. No. 588. Misc. DEPT, Payment of ar- rears of Revenue in- to any other Trea- sury than that of the District in which the Estates are situated, not sufficient to exempt Estates from sale, unless the receipt of the Collector in- to whose Treasury payment has been made, is given in before the fixed date of sale. No. 589. Misc. DEPT. New Sale Law has reference only to Sales for arrears of Revenue or de- mands recoverable by the same pro- cess, and not to sales in execution of decrees of Court. No. 590. Misc. DEPT. Commissioner's authority sufficient to write off uncol- 160 CIRCULAR ORDERS, © Circular, No. 590. April 30, 1842. -Y- – ) \ lected Khas balan- ces of the preced- ing year, referred to in C. O. of 9th February, No. 4. No. 59 l. MISC. DEPT. Government Se- curities deposited under Section 15, Act XII. of 1841, to be received at such yalue as will suffice, if sold, to cover the amount for which the de- posit is made. No. 592. Misc. DEPT. Petitions of ap- peal against sum- mary decisions by Deputy Collectors need not be admit- ted as a matter of course, but a Col- lector's revision of the proceedings of his Deputies should be regulated by the confidence he re- poses in their pro- bity and discretion. of the Commissioner will be sufficient authority for the Collectors, or Khas Muhal Officers, to write off their accounts, at the end of each year, the uncollected Khas balances of the year preceding. In asking for this sanction, it will not be necessary for the Collector (or other Officer) to submit any detailed explanation of the several items, unless such explanation shall be specially required by the Commissioner. NO. DXCI. TO THE COMMISSIONERS OF REVENUE. April 27, 1842.-No. 11. AM directed by the Sudder Board of"Revenue to request that you will intimate to the Collectors and Independent Deputy Collectors of your Divi- sion, that when Government Securities are taken as deposit under Section XV. Act XII. of 1841, they must be received at such value as will be suffi- cient, if brought to sale, to meet the amount for which they are deposited. Collectors will, of course, understand that Government Securities are not a legal tender in payment of purchase money, or of any public demand, they are receivable only in deposit to secure a certain amount, which must be paid, when due, in the legal currency of the country. O Orders of Government of India in the Financial Department, 23d March, 1842. NO. DXCII. TO THE COMMISSIONERS OF REVENUE. April 29, 1842.-No. 12. G ITH reference to Circular Order, dated 28th August, 1840, No. 33, and in order to secure uniformity of practice in regard to the revision exercised by Collectors over the proceedings of their Uncovenanted Deputies in summary suits for rent, the Sudder Board of Revenue, in accordance with: a suggestion made by Government, request that you will direct the attention of the Collectors in your Division to the following Rule. The Circular of the 28th August, 1840, does not render it necessary for Collectors “to admit as a matter of course all petitions of appeal that may be presented to them against summary decisions by their Deputies. A•Col- SUDDIER BOARD OF REVENUE. 16] lector, looking to the monthly Returns of his Deputies, will occasionally tall for cases and revise them, and though he may sometimes be induced by the statements of a petition to call for the case to which it relates, he will never consider himself obliged to proceed in the appeal, merely because a petition is presented. He will take care to watch attentively the proceedings of his subordinates, and he will be guided in the extent of his revisions chiefly by the degree of confidence which he may repose in their probity and discretion.” NO. DXCIII. TO THE COMMISSIONERS OF REVENUE. May 18, 1842.—No. 13. AM directed by the Sudder Board of Revenue to request that after each day fixed for the sale of Estates for arrears of Revenue under Section 3, Act XII. of 1841, you will submit a statement of the sales made in your Division in the form prescribed by Circular Orders, dated the 9th February last, No. 3. 2. There must be separate entries for settled Estates sold for arrears of current Revenue under the general provisions of Section III. and for Estates not permanently settled, Estates attached by order of Court, and Estates * Qlasses 1st, 2d and 4th, Section VIII. sold for old arrears,” which require special advertisement under Section VIII, whether these latter sales are held on the ordinary fixed days, or on any other intermediate dates. 3. You will instruct the Collectors that the process prescribed in Section VIII. is to be observed in the case of all Muhals, the settlements of which have not been confirmed, such Muhals being held to be included in the class of Estates not permanently settled. 4 Sales of rights and intérests for the recovery of any demand other + Classes 3d and 5th, Section VIII. than arrears of the Estate sold, f must also be entered under a separate head. & NO. DXCIV. TO THE COMMISSIONERS OF REVENUE. May 11, 1842.-No. 14. | AM directed by the Sudder Board of Revenue to transmit for your informa- Circular, No. 592. April 29, 1842. U Y- No. 593. MISC. DEPT. Statement of sales of Estates to be submitted in form prescribed by C. O. 9th Feb., No. 3, after each fixed date. No. 594. Misc. DEPT. Instructions re- tion and guidance copy of a Circular issued by the Revenue Accountant to garding * 2 S 162 CIRCULAR ORDERS, Circular, No. 594. May 11, 1842. -Y- U changes in the pe- riodical Land Re- venue Returns and Statement of set- tlements. Collectors, under date the 30th ultimo, relative to a change which it has been _j determined to adopt in the periodical Land Revenue Returns. 2. The revised forms circulated by the Revenue Accountant have been prepared by that Officer in communication with, and under the direction of, the Board, and the objects contemplated in the modifications which have been introduced are explained in the annexed extract from the Board's address to Government, dated 26th February last, No. 78. 3. The present form of quarterly Towjee submitted by Collectors to Commissioners, and by Commissioners to the Board, is abolished ;-and instead of it the Commissioners will henceforth receive from the Collectors Monthly Hal Towjee. duplicates of the Returns noted on the margin. §: ºneston, toº. It was at first determined to have a quarterly Muhals not on the Towjee. rather than a monthly Hal Towjee : * but as the realization of the Revenue will henceforth depend upon the occurrence of the sale days fixed under Section 3, Act XII. of 1841, it has on further consideration been deemed expedient to retain the monthly form heretofore required for the Accountant's office. The Collectors, however, will be expected to furnish explanatory remarks, and the Commissioners to record Resolu- tions, only on the Returns of those months in which sale days may occur. 4. Copies of the Resolutions thus recorded, and of the Resolutions passed by the Commissioners on the several quarterly Returns above specified, will be forwarded by them for the information of the Board. The figured Statements will be furnished to the Board from the office of the Revenue Accountant. 5. Besides these monthly and quarterly Returns, the Commissioners will be expected to examine and pass Resolutions on the annual “Explana- tory arrangement of Balances,”f and the “Detailed Register of Balances due by Revenue defaulters.” For this purpose they will require the Collectors to send them their office copies of those Statements as soon as the Returns have been prepared and dispatched to the Revenue Accountant. 6. You will have the goodness to intimate to the Collectors that, as by the modifications now prescribed, the Returns will be very much reduced in bulk, and the labor of preparing them in consequence greatly diminished, they will be expected to submit them in future by the prescribed dates, and that it will be the duty of the Board to bring any failure in this respect, which may be reported to them by the Revenue Accountant, to the immedi- ate notice of Government. * Since altered to a quarterly Hal Towjee, C.O. 21st Jan., 1850—No. 4. , " t Since abolished, C. O. 17th July, 1849—No. 29, para. 9, and C. O. 6th Aug., 1850–No. 51. SUDDIER BOARD OF REVENUE. I 63 7. The half-yearly Return of Balances due from defaulters prescribed by Circular Orders, dated the 4th December, 1839, No. 32, will of course be no longer required. 8. I am desired to add that for purposes of check in the Office of Account, it is necessary that in all re-settlement of Rent-roll Muhals, the former as well as the revised jumma should be communicated to the Account- ant. You will accordingly have the goodness to add a column containing this information in the quarterly Return of confirmed settlements required by Circular Orders, dated 27th October, 1837, No. 78. CIRCULAR OF REVENUE ACCOUNTANT TO COLLECTORS. Government having been pleased to direct, under the orders quoted in the In Mr. Secretary Halliday's letters to margin, and for the purposes specified below, a º: *. #"..." i. s. modification of the present forms of Land Revenue 1399, 19th October, 1841. Returns; they have under the guidance of the Sudder Board of Revenue accordingly undergone in this office the necessary revision; and the revised forms having been sanctioned by the Board, as intimat- ed in Mr. Secretary Currie's letter to this Department of the 26th February last, I now beg to send them as per subjoined list, with a request that you will be pleased to adopt them in the preparation of your Returns for the ensuing official year. 2. The following are the reasons which have led to the present revision of the forms of Land Revenue Returns : * 1st. The practical establishment of the principle, that the Revenue Accountant is the proper Officer who should supply to the Superior Authorities all Returns based on the Land Revenue Accounts. 2nd. The supplying this office with the means of ascertaining and checking the collections and charges appertaining to Khas Muhals on and off the regular District Rent-roll. 3rd. The obviating the necessity of Collectors preparing a separate set of Accounts and Statements for the use of Commissioners on principles different from those upon which the Accounts and Statements that are rendered to this office are framed, and the preventing thereby the occurrence of discrepancies. 4th. The abridging the labours of Collectors in the preparation of their Land Revenue Returns, with the view to ensure their completion and dispatch by the dates .fixed for their transmission. 3. I now proceed to annex the list of forms above alluded to, prefacing it with such general remarks and instructions, and embodying in it such particular remarks in reference to each Return as appear to me to be necessary. GENERAL REMARKS AND INSTRUCTIONs. • 1st. With reference to Khas Muhals on the Towjee, the gross collections in excess of their Towjee jumma are to be credited at once by Collectors in their Circular, No. 594. May 11, 1842. S-- 164 CIRCULAR ORDERS, Circular, No. 594. May 11, 1842. Y Treasury Accounts of 1842-1843 and subsequent years, under the head, subordinate J to Profit and Loss, of “Surplus Collections from Khas Muhals on the Towjee;” and with reference to Khas Muhals not on the Towjee, the entire gross collections are to be credited by Collectors in their Treasury Accounts under the head, and subordi- nate to Profit and Loss, of “Gross Collections from Khas Muhals not on the Towjee.” 2nd. The mofussil charges of collections from Khas Muhals, being charges The Commissioners were vested by, or- incurred by Government, are to be debited in the ders of the Government—dated the 13th e o April, 1841, with authority to pass charges aggregate, by Collectors in their Treasury Ac- ; †: sº º: counts of 1842-43 and subsequent years, on collections of the year. the authority of bills passed by Commissioners, immediately on credit being afforded for the collections on account of which the charges may have been incurred, and such portion of the charges as may remain unpaid in the month in which it may have been debited is to be written back and retained, pending disbursement, at credit of deposits. But as these charges are not charges upon Government revenue, they should not be debited under “Revenue Charges General,” but under a separate head of “ Mofussil Charges of Khas Muhal Collections,” subordinate to the general head of Profit and Loss. 3rd. On the date that each of the monthly, quarterly, and annual Returns specified in the list is dispatched to this office, a copy thereof, or the original draft, as may be most convenient, should also be submitted by each Collector to the Com- missioner of his Division. Muhals permanently settled paying a 4th. The classification of the Estates has been & t exceeding 100 Rs. g g * Jº iº; ..., of Judicial extended in the revised forms as compared with Authorities. the forms hithertoin use from 4 to 6 heads. ..The two additional heads are noted in the margin. This extension of classification is required by the Board for administrative purposes. 4. Whenever in regard to demand an English month is specified in any heading in the forms, the Bengalee or Fuslee month is understood, unless a settlement should, in any instance, have been made according to the English months. Thus if the heading in the Returns of a Collector in the Province of Bengal runs, “Demand from May 1842 to April 1843,” the demand meant is the aggregate of the 12 kists from Bysack to Choit. 5. The Muhalwaree details though useful yet not being absolutely necessary for the purposes of the Revenue Accountant or the Board, are hereafter, with a view to relieve Collectors, to be omitted from all the annual Accounts, except the Explana- tory Arrangement of Bukya Balances, but the Accountant has been authorized to" call, if necessary, upon Collectors to furnish him once in every five years for the purposes of reference and record, with a detailed Jumma Wassil Bakee of all the Revenue-paying Estates in each District. The Muhalwaree details in the Explanatory Arrangement are required by the Board for administrative purposes. 6. A new Return has been prescribed in the revised forms, viz. a Register of Balances due by Land Revenue defaulters. The necessity for such a Return SUDDER BOARD OF REVENUE. 165 originates in the fact of balances remaining due after the sale of Estates, sold for Circular, No. 594. arrears of Revenue, not being any longer debitable to the Estates sold, but to the May 11, 1842. J late proprietors of the Estates. The same remark applies to balances due on lapsed ~y or cancelled farming leases. Hitherto, however, they have been improperly retained in the Towjees against the Estates. All balances of this nature therefore that may now be on the Towjees, are to be altogether written off the Towjees of 1842-43 and transferred to the Defaulters’ Register. - 7. The 6th head in the classification of Muhals in the revised Returns “Muhals held Khas or of which the revised jumma has not been confirmed,” it is necessary to explain, is intended to embrace all Muhals of which the jumma borne on the Towjee has ceased to represent the real demand. 8. The forms now prescribed are to be understood as at present only eaſperi- mentally adopted. LIST. No. 1. Abstract of the Settlement and vide General Instructions, No. 4. To be Kistbundee of the Annual Jumma or de- despatched on the 15th May of the year to which mand on account of Land Revenue. it apper tains. No. 2. Monthly Hal Towjee. Wide, with reference to demand, General In- structions, No. 4. Date of despatch the 15th of the month succeeding that to which the Return appertains. At foot of this statement is a memorandum of actual and estimated demand and of actual collections of Khas Muhals. The memorandum is required by the Board for the purpose of ascertaining the actual results of Khas Muhals on the Towjee; for it will be recollected that these Estates are borne on the Towjee at their former settlement jummas, consequently their demand as shewn in the body of the Towjee is nominal, and their net collections when they happen to eaceed the Towjee demand are shewn in the body of the account in part only, because they are shewn only to such extent as will cover the Towjee demand: hence the necessity for the memoran- , dum to shew actual results. - No. 3. Quarterly Bukya Towjee. To be despatched on the 10th of the first month of the succeeding quarter. No. 4. Comparative Statement of Annual The chief modification of this Return consists Jumma or demand of Land Revenue. in the exhibition in it of the former and present official years' jumma of Estates re-settled. To be despatched in all May of the ensuing year of account. No. 5. Jumma Wassil Bakee. A new column has been prescribed in this statement for the exhibition of balances due by Revenue defaulters, which are in future to be altogether written off the rent-roll and to be transferred to a separate register. Muhalwaree details omitted. Statement to be despatched in all May of the ensuing year of account. No. 6. Annual Bukya Towjee. Ditto ditto ditto. 2 T 166 CIRCULAR ORDERS, Circular, No. 594. No. 7. Explanatory Arrangement of Muhalwaree details necessary—see General May 1 1, 1842. Balances. Instructions, No. 5. To be despatched in all May Y- of the ensuing year of account. No. 8. Detailed Register of Balances due See General Instructions, No. 6. To be de- by defaulters. º spatched in all May of the ensuing year of account. No. 1. Quarterly Statement of Collec- See General Instructions, Nos. 1 and 2. To tions of Muhals not on the Towjee. §...","... . .harges be despatched on the 10th of the first month of of Collections of do. the succeeding quarter. EXTRACT FROM THE BOARD'S ADDRESS TO GOVERNMENT, DATED 26TH FEBRUARY, 1842, No. 78. Part of para. 2nd. The forms now to be introduced involve only a slight modification of the existing system. The object of the modification is two-fold; 1st, to assimilate, or rather to identify the Returns required by the superior Revenue Authorities with those furnished to the Accountant; and 2dly, to lighten the labours of the Collectors’ offices by the abolition of all unnecessary details. 3rd. In pursuance of the first object, the monthly Towjees heretofore furnished to the Accountant, and the quarterly Towjees submitted to the Board, will be discon- timued; and, instead of them, quarterly Towjees, Hal and Bukya, will be prepared in duplicate, and submitted simultaneously to the Accountant and to the Commis- sioners. The Board will get a figured statement from the Accountant, and the Commissioners will be required to submit to the Board a copy of their Resolutions on the Towjee of each District. In furtherance of the second object, the Muhalwa- ree detail in the annual Jumma Wassil Bakee and Bukya Towjee will be dispensed with, the only document in which the Muhalwaree details are to be retained, being the Explanatory Arrangement of the Bukya Balance. The nature and use of this Return sufficiently indicate the necessity of its being prepared in detail: it is a most valuable document for administrative purposes, and when duly examined by the Superior Authorities, will be an effectual check on the accumulation of arrears; as those Muhals, and those only, are entered in it, against which a balance may have been outstanding for a longer period than twelve months. NO. DXCV. TO THE COMMISSIONERS OF REVENUE. No. 595. May 18, 1842.-No. 15. Misc. DEPT. te sº o tº Prosecutors, de- N continuation of Circular Order, dated 1st April, 1840, No. 16, I am fendants, and wit- directed by the Sudder Board of Revenue to communicate for the information SUDDER BOARD OF RIEVENUE. I67 and guidance of the several Revenue Authorities in your Division, that it has been held by the Courts of Sudder Dewanny and Nizamut Adawlut G that parties, whether prosecutors or defendants, and witnesses, in any case before any Court of Justice, are exempt from arrest under civil process while in attendance on, or going to, or returning from, such Court. NO. DXCVI. TO THE COMMISSIONERS OF REVENUE. May 25, 1842.-No. 16. N compliance with an order of the Honorable Court of Directors, com- municated to the Sudder Board by the Secretary to Government, Revenue Department, under date the 2nd instant, No. 526, I am desired to intimate for the guidance of the several Revenue Authorities in your Division that Uncovenanted Deputy Collectors, Treasurers, and other Native Revenue Officers are prohibited from engaging in any commercial transactions within the Districts in which they may be employed. NO. DXCVII. TO THE COMMISSIONERS OF REVENUE, June 1, 1842.-No. 17. THE Government, in accordance with orders of the Honorable Court of Directors, having desired that a Register shall be kept in this office of all cases in which Native Revenue Officers may be dismissed from the public service for misconduct, I am directed by the Sudder Board of Revenue to request that all such instances of dismissal, whether occurring in your own office, or in those of your subordinates, may be reported for entry in the Register. * → Circular, No. 595. May 18, 1842. J messes exempt from arrest under civil process whilst in attendance on, or going to, or re- turning from, a Court of Justice. No. 596. MISC. DEPT. Deputy Collec- tors, Treasurers, and other Native Revenue Officers prohibited from en- gaging in commer- cial transactions in Districts in which they are employed. No. 597. Misc. DEPT. Native Revenue Officers dismissed for misconduct, to be reported for entry in the Board’s Register. 168 CIRCULAR ORDER5, No. 598. MISC. DEPt. Method of ob- taining carts and carriage cattle es- tablished in Cawn- pore by Mr. Crai- gie, the officiating Magistrate, as ap- plicable to Bengal, proposed for con- sideration. NO. DXCVIII. TO THE COMMISSIONERS OF REVENUE. July 20, 1842.-No. 19. I AM directed by the Sudder Board of Revenue to send you the annexed copy of a letter from Mr. Secretary Halliday, under date the 4th instant, No. 861, and its enclosures, and to request that after consulting your subor- dinates, and obtaining their replies, you will submit them, together with your own opinion on the subject referred to, for transmission to Government. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, IN THE JUDICIAL DEPARTMENT, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. & 4 I am directed by the Honorable the Deputy Governor of Bengal to transmit herewith for the information of the Board, copy of a communication from the Junior Secretary to the Government of India with the Governor General (No. 25 of the 23d ultimo and two accompaniments), relative to a method adopted in the Cawnpore District for procuring carriage cattle, &c. for the purposes of Government. 2. Although the plan is not literally applicable here, in all its parts, the Deputy Governor considers it capable of being modified, so as to suit circumstances, and it will then be, in all probability, extensively useful. The Board are accordingly desired to circulate copies of the correspondence among their subordinates, and invite sug- gestions on the whole subject of providing and supplying carriage for troops, &c, and after the Board shall have received their replies, they will be pleased to submit them together with their own recommendations for the consideration of Government. LETTER FROM THE JUNIOR SECRETARY TO THE GOVERNMENT OF INDIA WITH THE GOVERNOR GENERAL, TO THE SECRETARY TO GOVERNMENT, JUDICIAL DEPARTMENT. From Secretary N. W. P. dated 7th June, In transmitting for the information of his No. 1065. ºdated 23rd do. Honor the Deputy Governor of Bengal the an- nexed correspondence with the Government of Agra relating to the procuring of carriage cattle, &c. I am desired by the Governor General to request that you will draw his Honor’s attention to the question of adopting Mr. Craigie's suggestions, in the Bengal Provinces, so far as may seem fit and be locally practicable. LETTER FROM THE JUNIOR SECRETARY TO THE GOVERNMENT OF INDIA WITH THE GOVERNOR GENERAL, TO THE SECRETARY TO THE LIEU- TENANT GOVERNOR, NORTH WESTERN PROVINCES. I have the honor to acknowledge the receipt of your despatch, dated 7th instant, No. 1065, submitting certain suggestions by the officiating Magistrate of Cawnpore SUDDER BOARD OF REVENUE. 169 on the provision of carriage, and in reply am directed to state, that the Governor General entirely coincides in the opinion expressed by his Honor the Lieutenant Governor in regard to those suggestions, and approves the circulation of them. LETTER TO THE SECRETARY TO THE GOVERNMENT OF INDIA, JUDICIAL DEPARTMENT, WITH THE GOVERNOR GENERAL. I am directed by the Honorable the Lieutenant'Governor to request that you will submit for the consideration of the Right Honorable the Governor General, the annexed extract, paragraph 27 of a letter, No. 31, dated the 16th February, 1842, from Mr. J. A. Craigie, late Acting Magistrate of Cawnpore, to the address of the Commissioner Allahabad Division, which contains some very judicious remarks on the provision of carriage, such as are. calculated to prove of extensive relief to the country. His Honor deems the suggestions therein, embraced worthy of adoption, and deserving of the widest circulation in the Districts and Divisions of the Lower Provinces. EXTRACT FROM A REPORT FROM THE OFFICIATING MAGISTRATE OF ZILLAH CAWNPORE. Carriage. 27. But I fear that I may be tedious and will offer one point more only for your perusal. The crying evil of the inadequacy of means for provid- ing.carriage to any extent, without (not to say permitting but certainly) winking at the harsh measures resorted to by thannadars, viz. seizing triple the number required, extorting handsome douceurs from the more respectable not to press their carts, and to a smaller amount from the less wealthy, to release theirs after impress- ment, &c. &c. modes of proceeding too well known to require any detail, ending as they invariably do in the oppression of the people and the loss of Government who are eventually supplied with the very worst carriage in every village, has often attracted my notice ; but in this District, where carriage to so great an extent is always in demand, no duty struck me as more imperative than the endeavour to ameliorate the system of supplying it. After a perusal of Regulations on this head, it seemed to me that there was no positive injunction for furnishing carts through the Magistrate's office, and that Officer need not indeed be applied to unless the 'Collector failed. This was the chief difficulty to surmount, for unless I could throw the work into the Tehseeldar's hands, I had little hope of succeeding with an under- paid body with one of whose chief sources of gain I was about to interfere. On the 27th of March, then, Itransferred this duty to the Collector's office, and immediately called for returns of the carts and bullocks in each Tehseeldaree to be registered, and there are in the District Circular, No. 598. July 20, 1842. —J 2 U 170 CIRCULAR ORDERS, Circular, No. 598. 1,153 4-bullock carts. July 20, 1842. Cº., 927 3-do. do. 8,003 2-do. do. Total, 10,083 and 57,566 plough bullocks. 19,906 cart bullocks. Total, 77,472 Many of the plough bullocks can be used in carts. The bullocks in villages where there are no carts are not included in this statement. I pledged myself to the proprie- tors of the above never to call for more than one-fourth of their carts or cattle at once, never to draw on the same village again till eyery other village in the District had furnished its quota, not to permit under any circumstances the impressment of carts by the Police or Commissariat (this last point caused great opposition and cor- respondence, but I brought the matter to issue by fining two men styling themselves Commissariat chowdries five rupees, for as it had been customary for them to seize carts, I would not fine beyond a trifle to settle the question, adding that the next case should be seriously visited, the matter was referred to the Commissary General who sided with me); and to the Commissariat I promised to supply carriage when requisite, and have done so when called on. In return for these advantages I notified to the proprietors that no excuse for the non-provision of carriage would be listened to, as it was very improbable that one-fourth of the carriage in any village could not be supplied, and when by any accident such might be the case, the Zemin. dars must hire or borrow, that the supply of bad carriage would not be allowed, and that any delay in furnishing it would be met with a severe fine under Section 2, Regulation VII. of 1825. At first, as is always the case with natives till they see that one is in earnest, there were deficiencies, but a fine followed so soon, that I have established the change completely, and all to whom I have spoken seem to approve of it. The merchant and traveller are not subject to the inconvenience and loss they formerly encountered (for the District bears its own burdens), while the residents of the Zillah also are not deterred from bringing their marketable goods to the city in times of movement of troops. I append to this report one of the printed perwannahs for carriage, which are filled up in a few seconds; in it you may remark the Zemindar is addressed personally and not through the Tehseeldar (though the order goes' through that Officer of course); the object of this is to save time, and to ensure regularity of demand according to the Register, which is kept with scrupulous care, and the Zemindar can only challenge the Register, and is in no way in the power even of the Tehseeldar. On the obverse of the perwannah, when he returns it, he must enter the names of the Assamees whose carts he supplies, so that they also, when the village be again called on in rotation, may complain against the Zemindar SUDDER BOARD OF REVENUE. 171 if he take them out of their turn. The witnesses who sign the return would be sufficient evidence on which to fine the Zemindar :—when I get warning long before the carriage be required, I send to the distant Pergunnahs, reserving the carriage of those neighbouring to the office for emergencies. This reform could not have been more fortunately timed than in last season, when the tide of demand never ebbed in consequence of the constant move of Troops, and in no one instance was a single cart rejected that I supplied. On the march of the 6th Native Infantry, whose orders were urgent, I was enabled to give the Commanding Officer, Lieutenant Colonel Eckford, 75 carts and 224 bullocks at 48 hours' Warning, and he stated to me that he never marched with such good carriage. I could have doubled, perhaps trebled the quantity, if requisite, within the same time. The demand in this District is very heavy, but the supply fully equal to it; if either the system I have had the honor of explaining to you, or some other methodical one, which some of my succes- sors may strike out, be adopted ; and as there are 10,083 carts in the District, and the draw on them 1126 per annum, each cart will be required by Government but once in nine years l l (the inconsiderable fraction less need not be noticed) and to determine this, I have taken last year as my standard, which is much above average, so that the tax will be even lighter. When proprietors send, in urzees stating that they have sold their carts (and not unfrequently they give a false statement that they may not be called on for carriage) I send the urzee to the Tehseeldar to be checked, and the carts to be entered in the village to an inhabitant of which it may have been sold, who sends an acknowledgment of having purchased it, and were the same system in vogue in adjoining Districts, a notification would of course be sent to the Collector and Whe Register be kept correctly. Added to this, the Register should be revised every second or third year. Having transferred this duty to the Collector’s office, it ought perhaps to have been reported from thence; but I have introduced the subject here, as it is always treated and acted on as a Magisterial function, though I think erroneously. NO. DXCIX. TO THE COMMISSIONERS OF REVENUE. August 10, 1842.-No 20. AM directed by the Sudder Board of Revenue to send you, for your information and guidance, and for circulation to your subordinates, a set of new Rules of Practice, passed by the Honorable the Deputy Governor, under date the 27th June last, in supersession of the Rules hitherto in force. *Q. You will observe that, under the new Rules, all settlements are to be disposed of primarily by the Collectors and Commissioners respectively. Circular, No. 598. July 20, 1842. \- J Y- No. 599. Misc. DEPT. New Rules of Practice. 172 t CIRCULAR ORDERS, Cir A \ cular, No. 599. ug. 10, 1842. J Y- In the present advanced state of the resumption and settlement operations, it is not expected that the effect of Rules 8 and 10 will be to impose, general- ly, any excess of labour on the Commissioners; but if in any Division the case should be otherwise, the Board, on sufficient cause being shewn, will be prepared to recommend that such Collectors and settlement Officers, as may appear duly qualified, be vested with the extended powers provided for by Rule 11. © 3. The Board are fully sensible that many of the Officers, below the grade of Collector, now employed on settlement duty, may very safely be entrusted with the power of confirming temporary settlements under Rule 7. You will, of course, report the names of any Officers whom you may consider it expedient to invest with that power. 4. You will be careful to notice the points in which the respective functions of the Board and the Commissioners, as heretofore exercised, are modified by the present Rules. You will understand that the revised Rule regarding resumption appeals, circulated under date the 8th January, 1839, is superseded. 5. You will be furnished with forms for the several Periodical Returns specified in Rule 33, and for the Statements required for the Accountant's office by Rules 7, 8, 10, 11, and 15, as soon as they can be supplied by the Lithographic Press;–and the Superintendent of the Press will be directed to observe the precise form and size of paper now prescribed in supplying all future indents. Much trouble and expense, I am desired to observe, is occasioned by Officers indenting for forms of Statements, &c. of the same general purport, but with immaterial variations in the details of the columns, and size of the paper. The Board have requested the Revenue Accountant to furnish the Lithographic Press with a general standard form for all Periodical Returns submitted to his office; and you are requested to submit to the Board (for the same purpose) a similar form of each Return required by you from the Collectors. 6. The Board deem this a fitting opportunity to circulate to the Col- lectors subordinate to them, extracts from a Circular Letter of the Sudder Board at Allahabad, dated 25th August, 1835, prescribing Rules for the systematic employment and instruction of the Junior Officers of the Revenue Department. These Rules were drawn up with especial reference to the union of the offices of Collector and Magistrate in the Western Provinces; but they are applicable, with some very slight exceptions, to Collectors, and their Assistants, throughout the Provinces. You will consider the injunc- SUDDER BOARD OF REVENUE. 173 P sº tions in the last paragraph as addressed to yourself, and you will be careful, in your periodical or occasional tours, to see that the spirit of these Rules is duly observed by your subordinates. 7. With the other forms, you will receive a form for a Return of Business performed in the Collectors' offices, to be submitted quarterly to the Commissioners. These Statements will assist in shewing how the Assistants are employed, and also what use is made of the Deputy Collectors under Regulation IX. of 1833. RULES. I. Commissioners of Revenue, except as may be otherwise specially provided by any Regulations or Acts of the Government, or by the Rules hereinafter pre- scribed, shall exercise all the powers and authority vested in the Board of Revenue at the date of the passing of Regulation I. of 1829. , II. The Sudder Board of Revenue shall be competent, with or without appeal, to call for, revise, alter, or report to Government upon, any proceeding of a subordi- mate Revenue Authority not made final by Law.” III. It shall not be requisite for a Commissioner in forwarding any proceedings for the orders of the Sudder Board, to make a report in English, unless it be express- ly called for by the Board. IV. The Board shall report to Government any case decided by them, on which the Commissioner, dissatisfied with the Board’s decision, may desire a refer- ence to higher Authority. V. The Commissioners of Revenue shall report, for the Board's information, all cases of deficiency in a Collector’s Treasury, and all Circular instructions which they may deem it necessary to issue for the guidance of their subordinates. The Sudder Board will refer, for the orders of Government, all matters of general interest and importance, which they may consider to require the notice or the orders of Government. VI. All matters coming to the Board, unless otherwise ordered by the Go- vernment, shall be ordinarily referred to both Members, and be disposed of according to their concurrent opinion. If they do not agree, the question shall be referred to Government. VII. Collectors shall have authority to confirm all temporary settlements of a jumma not exceeding 200 Rupees per annum, subject to an appeal to the Commis- sioner, or to his revision without appeal. The power of confirmation here given to Collectors, shall not extend to Deputy Collectors or other Officers making settle- ments, below the rank of Collector, without the special authority of Government. Officers exercising this power will submit to the Commissioner and to the Revenue * This Rule has been held to include Wards’ cases, anything contained in Rule XIX. notwith- standing. (Board to Government, 18th September, 1845, No. 360, para. 7.) * Circular, No. 599. Aug. 10. 1842. \ J Y- Treasury. Settlements. 2 X 174 CIRCULAR ORDERS, Circular, No. 599. Aug. 10, 1842. K. J Y- Accountant, Tabular Statements of Settlements confirmed, in such form as the Board may prescribe. VIII. Commissioners shall have authority to confirm all temporary settlements of a jumma excceding 200 Rupees per annum, subject to an appeal to the Board, or to the Board’s revision without appeal. Commissioners will transmit to the Revenue Accountant’s office statements of all settlements confirmed under this Rule. IX. Collectors shall be competent to annul all leases or temporary settlements on the default of the farmers or proprietors; and if the jumma or rent be not more than 200 Rupees, to make arrangements for the future management of the Muhals as they may deem proper, subject to the revision of the Commissioners, but without any report to those Officers. Collectors will give regular information to the Ac- countant of their proceedings under this Rule. If the jumma or rent be more than 200 Rupees, they shall report to Commissioners as at present. X. Commissioners shall have authority to confirm all permanent settlements, subject to an appeal to the Board, or to the Board’s revision without appeal. They will make statements of all such confirmations to the Revenue Accountant’s Office.* XI. Authority to confirm permanent settlements of inconsiderable jummas will, in special cases, be granted by Govgnment to a Collector or settlement Officer, on the recommendation of the Board. XII. Orders of revision passed by a Commissioner or by the Boardi respective- ly, upon a temporary or permanent settlement confirmed by any subordinate Officer, shall not take effect until the expiration of the revenue year within which they are passed, unless they be for the diminution of the rent or jumma, or other- wise for the benefit of the party settled with by the subordinate Authority, or Winless it be necessary to give them immediate effect for the redress of manifest fraud. XIII. In cases of farms and temporary settlements, the Sudder Board shall be competent to grant an abatement of jumma, when rendered necessary by loss of lands from diluvion or by other similar cause, and in like manner, when a Muhal, whether temporarily or permanently settled shall have been entirely washed away, the Sudder Board, on the fact of its non-existence being satisfactorily ascertained, shall be competent to direct its removal from the Towjee, I making a statement of each case for the information of Government and the Officers of Account. * Commissioners sanction the rate of malikana allowance under this Rule, as part and parcel of the settlement proceedings (Board to Commissioner of Patna, 12th May, 1843, No. 92) and upon the amount of malikama so fixed, is calculated the compensation to Maliks for loss of settlement, which the Board are competent to pass under Rule XVI. The actual payment of malikana, when due, to disseized proprietors, is sanctioned by Commissioners under Rule XVIII. See also Accountant’s Circular of 27th March, 1845, addressed to Collectors. t By G. O. 16th Sept. 1844, No. 790, the Board are authorized to sanction alterations in the jummas of settlements confirmed by Government, when the grounds are such as to render a modification a matter of course—furnishing a Tabular Statement to Government. A quarterly Statement is also sent to the Accountant, I G. O. 11th Dec. 1843, No. 1137, authorizes the Board “to expunge all Muhals which after full enquiry are not forthcoming,” and the Board have ruled that this authority extends to duplicate re- SUDDER BOARD OF REVENUE. J75 - XIV. The Sudder Board shall be competent to authorize the remission of all balances which they may consider irrecoverable, furnishing Periodical Statements of the same for the eventual sanction of Government, and giving due information to the Revenue Accountant's office.* But no remission of the current demand of Revenuet on the ground of calamity of season or other cause shall be granted, except in Estates held Khas, without the express authority of Government previously obtained. XV. Commissioners shall be competent to sanction—without reference to the Board—the remission of balances in Estates held Khas,f as also of all merely nominal balances, consisting of the difference between the actual demand and the jumma borne on the Towjee. They will make regular statements to the Revenue Accountant of their proceedings under this Rule. XVI. The Sudder Board shall be competent to authorize as heretofore the refund,' with interest at 6 per cent., pf collections made from Muhals erroneously resumed and relinquished under the orders of a competent Authority ; as also the refund of all sums paid by the proprietors of recently settled Muhals in excess of the jumma eventually fixed on final confirmation of the settlements ; and the payment of all compensations to Maliks for loss of settlement in Badshahee tenures settled with Mafeedars under Rule VI. of the Badshahee Rules. They will make regular statements to the Revenue Accountant of their proceedings under this Rule. XVII. The Sudder Board, on the report of the Commissioners, shall be compe- tent, as heretofore, to sanction the refund of payments of every description| connect- mºtions and all Muhals untraceable from whatever cause. Again, by G. O. 18th March, 1844, No. 210, the Board were authorized, in extension of this Rule, to remove from the Towjee resumptions released in appeal. By G. O. 28th Augt. 1843, No. 868, an annual Statement is to be submitted to Government. A quarterly Statement is also furnished to the office of Account. * Statements are submitted quarterly to the office of Account. t The Board are competent to sanction suspension of the current demand. G. O. llth Feby. 1846, No. 118. So also are Commissioners, but not beyond the current year, or indefinitely in point of time: and in single Muhals only, not generally in several Estates extending over a considerable tract of country. G. O. 8th June, 1849, No. 468. Even when Commissioners suspend within the year, report to Government is necessary. Wide Sec. 42, Reg. II. of 1793, and C. O. 29th June, 1849, No. 25. j Estates held Khas are considered to include cases of settlements made with cultivators or depen- dent Talookdars, when there is no intermediate party, such as a farmer or Zemindar, between them and the Government. G. O. 31st May, 1850, No. 533. § Refunds under the decree of a Special Commissioner come under this Rule, costs of suit under the decree, and every other description of Law charge coming under Rule XXVII. G. O. 28th Augt. 1843, No. 868. When resumed lands are relinquished as a matter of favour, and not as a matter of right, the question of refunding or retaining the previous collections to be referred for the orders of Government. G. O. 5th Augt. 1844, No. 654. | Ruled to include all refunds whatever, whether the amount has been brought to the credit of “Land Revenue” or not. G. O. 17th May, 1843, No. 526. Intimation to Civil Auditor of all refunds whether under Rule XVI, or XVII. on each occasion of sanction. Acctt. Genl.’s letter, 22nd Nov. 1843, No. 391. Circular, No. 599. Aug. 10, 1842. C J Y Remission of Balances. Compensations and Refunds. 176 CIRCULAR ORDERS, Circular, No. 599. Aug. 10, 1842. C —J Y Malikana. Court of Wards. Suits in the Civil Courts. ed with the Land Revenue Department, not exceeding 500 Rupees in each case, when from the circumstances laid before them they may consider such refund to be just and necessary. XVIII. In the case of Estates held Khas or let in farm, Commissioners shall be competent to authorize the payment to the disseized proprietors” of Malikana to an extent not exceeding ten per cent. on the net collections paid into the Government Treasury. Commissioners will report periodically to the Board all payments authorized under this Rule. § XIX. The Commissioners of Revenue shall exercise all the powers vested by the Regulations in the Court of Wards. Provided, however, that if a Commissioner shall wish to apply the surplus receipts arising from any Estate under the Court’s management, to the purchase of landed property, or to invest it in any other manner than in Government Securities, he shall report the circumstances of the case for the orders of the Sudder Board.i. & XX. On a petition of split preferred in a Civil Court against a Collector of Land Revenue or other European Officer subject to the authority of a Commissioner, for any act done in his official capacity, being referred by the Judge of the Court to the Commissioner, that Officer, provided the relief sought can be afforded by disal- lowing or reversing the act or order complained of, may grant such redress at his discretion proyided it be within his legal competence. But if it be not within his competence, or in case redress cannot be so afforded, the Commissioner shall, if he be of opinion that the claim should be allowed or compromised, report the case for the orders of the Sudder Board. XXI. If the Commissioner shall be of opinion that the party should be left to prosecute his claim in the Civil Court, he shall submit a full report for the informa- tion of the Sudder Board, who in their capacity of Superintendent and Remem- brancer of Legal Affairs will issue such instructions as they may deem proper. XXII. In the prosecution and defence of original suits or appeals in which Government may be a party, in the Zillah Courts, the Commissioner of Revenue shall exercise the power and authority of the Board of Revenue; but no decision which may be passed by a lower Court, shall be appealed to the Sudder Dewanny Adawlut without the sanction of the Sudder Board, by whom, in the event of an appeal being preferred, the proceedings will be conducted. § * This Rule refers also to recusant proprietors. See also note to Rule X. supra. t The Board have ruled that with the single exception prescribed by this Rule, Commissioners have full powers in all Wards’ matters without reference to the Board, furnishing only the annual Return prescribed by Rule XXXIII. f The practice since the appointment of a Legal Remembrancer, is to communicate with him. If he and the Commissioner concur, the suit is defended ; if they differ, the Remembrancer submits the case for the orders of the Board. Wide C. O. 4th Dec. 1846, No. 29. § This Rule signifies that the prosecution or defence of an original suit or appeal in the Zillah Court, having been duly sanctioned under the foregoing Rule, the conduct of the suit is entrusted to the Collector, in sole subordination to the Commissioner. All cases decided against Government and SUDDER BOARD OF REVENUE. 177 XXIII. The Sudder Board are competent to sanction the continuance of hereditary pensions, where the hereditary title has been already recognized by Government or decreed by a competent Court of Justice, or where the pension is of a permanent nature under Section 4, Regulation XXII. of 1806. The Board will report each casek of sanction under this Rule for thé information of Government. XXIV. The Sudder Board will report to Government for decision any cases in which, at the recommendation of the Local Commissioner or otherwise, they may be of opinion, on the decease of a life pensioner, that the pension or any part thereof should be continued to the heirs of the deceased, in con- sideration of any claims they may have upon the Government or other sufficient grounds. XXV. The Sudder Board of Revenue shall be competent, on sufficient cause shewn, to order restoration to incumbents of pensions which have lapsed owing to the non-attendance of the pensioners for a period of twelve months. XXVI. The Sudder Board and Commissioners of Revenue respectively are competent to pass contingent charges incurred by their subordinates to the extent of 500 Rupees.i. XXVII. The Sudder Board of Revenue is competent to authorize any dis- bursementsi Ordered by a regular decree of a Court of Justice, and to sanction the adjustment in the Collector’s accounts of advances on account of Law charges, when such advances prove irrecoverable either from the suit being decided against Go- vernment or from the death or poverty of the parties, reporting the same for the information of Government. § , WXVIII. The authority of the Commissioner shall be sufficient for the adjust- ment in the Collector’s accounts of advances of diet allowance to Revenue defaulters, which may be found to be irrecoverable. XXIX. The Commissioners of Revenue are restricted from authorizing Tuccavee Advances without the authority of the Sudder Board. XXX. No alteration shall be made in the number, designation, or salaries of the fixed establishment entertained in any office under the authority of the Sudder appealable to the Sudder Dewanny Adawlut, are reported by the Commissioner to the Board for orders through the Legal Remembrancer, and such cases, if appealed, are conducted under the directions of the Legal Remembrancer in communication with, and under the orders of, the Board. * Annual Statement to Government. G. O. 28th Augt. 1843, No. 868. t The power conferred by this Rule extends only to ordinary Revenue charges. G. O. 9th Jan. 1844, No. 60. † Modified—Commissioners to sanction disbursements in connection with suits; Board to sanction adjustments of irrecoverable sums. G. O. llth May, 1850, No. 493–See C. O. 5th July, 1850, No. 40, further explained by C. O. 6th Augt. 1850, No. 49, to mean that Commissioners may sanction disbursements necessary for the conduct of suits, and the Board under decrees, as well as remissions of irrecoverable Law charges. §"Annual Statement. G. O. 28th Augt. 1843, No. 868. Circular, No. 599. Aug. 10, 1842. C —) -Y- Pensions. Contingent Char- ges. Disbursements under Decrees of Civil Courts and Law Charges. Advances of Diet Allowance. Tuccavee Ad- V8ll] CCS. Establishments. 2 Y 178 CIRCULAR ORDERS, Circular, No. 599. Aug. 10, 1842. U —J —y— Periodical State- mentS. Board, without the sanction of the Board,” and no increase of aggregate expense shall be allowed without the sanction of Government. XXXI. The Commissioners of Revenue will authorize, without reference to the Sudder Board, such temporary establishments of Native Officers,f as may be necessary, for the measurement of lands previous to settlement, and will determine the scale of remuneration to be paid to such Officers. XXXII. The Commissioners of Revenue shall also be competent to authorize the entertainment of the necessary establishment. for the partition of any Estate, and to fix the amount of remuneration to be allowed, furnishing Periodical Statements of such establishments for the eventual sanction of the Sudder Board. XXXIII. The Commissioners will submit to the Sudder Board, and the Sudder Board to Government, the following PERIODICAL STATEMENTS. • By Commission- By Board to Nature of Return. tº to Board. §º: Q Settlements confirmed by Commissioners, £ . . . . . . . . . . . . . . Quarterly, Annually, Old. Remissions of Revenue granted by Board, e e º e e º e º e i e º 'º º e º ºs e º is a º e Quarterly, New. Refunds by order of Board, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Do. Old. Malikana payments ordered by Commissioners, . . . . . . . . . . Guarterly, . . . . . . . . . . [New. Prisoners confined for Government demands, . . . . . . . . . . . . Do. Annually, Old. Sales for arrears of Revenue, . . . . . . . . . . . . . . . . . . . . . . . . . . Do. Do. New. Cases under Regulations II. of 1819, and III. of 1828, . . . . Do. Quarterly, Old. Suits in Civil Court in which Government is a party, Ś . . . . Annually, Annually, Do. General Statement of Walds' Estates, . . . . . . . . . . . . . . . . . . Do. . . . . . . . . . . . . . . . Do. Butwarrah Establishments, . . . . . . . . . . . . . . . . . . . . . . . . . . Quarterly, . . . . . . . . . . . . . . |New. Operation Returns,] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annually, Annually, Old. Irrecoverable Balances, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Do. . . . . . . . . . . . . . [Do. Revision of Securities of Officers entrusted with public money, Do. . . . . . . . . . . . . . [Do. Statement of business performed in Commissioner’s Office, Quarterly. . . . . . . New. O XXXIV. It is to be clearly understood that the above Rules of Practice do not affect the power of Government to call for, revise, and alter any thing, order, or proceeding of any Revenue Authority, not made final by Law. F. J. HALLIDAY, Secy. to the Govt. of Bengal. (Signed) ForT WILLIAM, the 27th June, 1842. * Board’s authority under this Rule suspended by the Financial Rules of 8th Dec. 1843, a copy of which was communicated to the Board with Government letter of 12th Feb. 1845, No. 137. f Commissioners may sanction measuring Ameens under this Rule, but not mohurirs or native officers; establishments of the latter description, even when required for measurement purposes, being considered to come within the scope of the Financial Rules above-mentioned. † An annual Statement of all permanent settlements confirmed both by Commissioners and Collec- tors under Sections X, and XI. is furnished by the Board to Government, compiled from quarterly Returns in a certain prescribed form submitted to them by Commissioners. Besides this, Commis- sioners submit to the Board quarterly Statements of temporary settlements confirmed by them under Rule VIII. Wide C. O. 23rd April, 1844, No. 7. § This Return is now furnished by Commissioners to the Legal Remembrancer, by whom it is submitted to Government. | The operation Returns as such have been abolished, and annual Returns substituted in their place, from which the Board’s General Revenue Report is compiled for submission to Government. SUD DER BOARD OF RIEVENUE. 179 EXTRACT FROM A LETTER FROM THE ACTING SECRETARY OF THE SUD. DER BOARD OF REVENUE AT ALLAHABAD. 2. It must be premised that it is essential to the success of the plan that the Collector himself should regularly attend his public office; a point of duty which the Board doubt not you are already careful to enforce, and which any Commissioner must be held directly responsible for, should he suffer those under his authority to neglect. $ 3. The next essential is that the Collector should require that his Assistants regularly attend office, and it is the duty of the Commissioner to see and know that the Collector does require the regular attendance of the Assistants in office, during office hours; to enforce the performance of this duty should the Collector neglect it, and if necessary, to report any failure, after due warning given, to the Sudder Board. 4. The Collector himself and his Assistants being each in his own place in office, the next matter is the distribution of business: 5. It is the object of Government that the Collector and Magistrate should retain in his own hand the general superintendence and conduct of every depart- ment of his office, and should prescribe the principles on which his subordinates are to conduct their duties, in the same way as it is the duty of the Commissioner to lay down the general rules and principles for the Collector’s guidance. 6. The Collector then is to maintain his position as the controlling head and spring of action of every department of his office. He is not to make a transfer in perpetuity of any branch of his duty. The time which he gives to the actual trans- agtion of business should be reserved for matters of the greatest moment, none of which in any department should be disposed of, except under his cognizance and approval. At the same time he is to be far from taking up the childish, but, the Board fear, too prevalent, notion that every matter connected with his office is of too great importance to be committed to any other than himself; it is incumbent on him to have just confidence in his Junior Officers—there are few men to whom public busi- 'ness appears easy at first sight. But one case well understood, serves as a rule and guide to an hundred, and when young men are judiciously brought forward, and can have the benefit of the advice of an experienced senior whenever required, there are few cases of common occurrence which may not safely be left to their management. It is a melancholy sight to see a man delaying the march of business, harassing with hopeless expectation those who have concerns to transact with his office, and blighting the rising prospects of the junior service, by weakly and pertinaciously imagining that no one but himself can perform office duties. Nor is it intended, as the Board believe many Collectors suppose, that they should revise all the orders given by their Assistants. When there is more work than can well be done once, it is idle to do the least important portion twice, and all the benefit of relief from details is lost. Ten minutes occupied in hearing from an Assistant the abstract of his operations, Circular, No. 599. Aug. 10, 1842. U — N- 180 CIRCULAR ORDERS, Circular, No. 599. • Aug. 10, 1842 \ —l and correcting or settling his views, will more benefit him and the public than days spent in revising his work in his absence. 7. The real mode in which the head of the department is to derive aid from the junior Officers, and is to do his own duty to the public by teaching his subor- dinates to perform theirs, is by making a due distribution of work to each according to his ability, explaining the principles on which it is to be performed, holding the subordinates to their responsibility for its due performance, affording every facility of reference to himself, and cheerfully assisting with, his advice on all occasions of difficulty. Q 8. I am directed to explain somewhat more in detail the mode in which the sketch above given, may be filled up. - 9. The Collector and Magistrate may, for instance, assign to an Assistant the Revenue management of a certain Tehsildaree, or the Police of one or more Thanahs, or both. In the same way, he may commit to one the conduct of the Abkaree Department, or he may assign to the same Assistant all of these several duties within a limited tract, say the extent of one Tehsildaree, and may give him the trial of the Foujdaree and Revenue cases within the same tract. The Collector will, of course, apportion the nature and extent of the duty assigned to each, according to the ability and experience of the party. But he is not to set aside any one, on the ground of youth and inexperience, or to employ him on the mere pretence of signing and correcting papers. Every one is to have a substantive duty assigned him, and to be held responsible for its careful performance. 10. In assigning one or more of these departments of duty, where the Officer is young and without experience, the Collector should require that the Assistant shquld take a mote of each matter which comes before him and of the order passed by him upon it; and the first duty of every day should be to report to the Collector, from his notes, what cases were tried on the preceding day and what orders were passed on them. The Collector should encourage the Assistant always to have recourse to him in all cases of doubt, and should require that in any case of importance the Assist- ant should verbally state the case and obtain his opinion before passing an order. 11. In the early part of an Assistant’s career, the Collector may find it expedi- ' ent now and them to call for and examine a case from among those disposed of by the Assistant in order to ascertain how he performs his duty, and should verbally make to him any observations which may appear necessary. But as the Assistant acquires experience, and the Collector is aware of his mode of transacting business, this minute kind of surveillance may be altogether abandoned. 18. The Board are much concerned to believe, as observation has forced them to believe, that there are very few Districts in the country in which the Assistants are properly taught their duty or are in fact acquainted with it. There is hardly a higher duty to the public than that of instructing, guiding, and bringing forward the junior Officers, and the Board believe that many of the Assistants themselves lament and complain of the useless idleness and unacquaintance with public business SUDDER BOARD OF REVENUE. 181 to which they are condemned by the injudicious facility, or culpable supineness, or Circular, No. 599. monopolizing tenaciousness of their immediate superiors in office. The Board rely (Aug. 10, 1842. on your using every exertion to introduce a better system, and enforce the adoption of the plan which I have sketched out; and at the time of your periodical visits to the Districts of your Division, they will expect you to state in some detail, how far you find the Collectors acting up to the Board's expectations in this respect. J * – . . . " " ' " No. DC. TO THE COMMISSIONERS OF REVENUE. August 27, 1842—No. 21: No. 600. fe Misc. DEPT. I AM directed by the Sudder Board of Revenue to transmit for the infor- Docketting and e - • * * . . . º f , ºr ... • G - - - -r numbering of let- mation of the several Revenue Officers of your Division, copy of a letter ters and enclosures, from the Junior Secretary with the Governor General to the address of the directed. , officiating Secretary to the Government of India ; and to request that the instructions therein contained regarding the docketting and numbering of letters and enclosures, may be duly observed.* FROM THE JUNIOR SECRETARY TO THE GOVERNMENT OF INDIA WITH • THE GOVERNOR GENERAL, TO THE OFFICIATING SECRETARY TO THE GOVERNMENT OF INDIA IN THE LEGISLATIVE, JUDICIAL, AND RE- VENUE DEPARTMENTS. The Right Honorable the Governor General of India has directed me to request that you will, with the permission of the Hon’ble the President in Council, instruct , all Officers in communication with your Department to docket their letters when addressing Government.—You will be pleased to observe the same rule on all occasions, as much inconvenience has been felt in the omission of this practice. 2. His Lordship not only requires all letters addressed to indicate by whom they are written, with the dates and subjects, and to have all their enclosures duly numbered, but also that the enclosures should have an endorsement in order to show the names of the writers, and the persons addressed, with the date and sub- ject of each paper, as well as its number as an enclosure of the despatch. 3. A counterpart of this letter has been sent to the Secretary to the Lieute. nant Governor North Western Provinces. * These orders were rescinded by a subsequent Circular. See C, O. 8th Oct. 1844, No. 15. 2 Z CIRCULAR ORDERS, No. 601. MISc. DEPT. If purchase mo- ney of an Estate sold under Act XII. of 1841 is not made good in the manner prescribed in Section 16, Col- lector to proceed to a re-sale, observ- ing the forms pre- scribed by Section 8, and not to re- ceive the arrears in bar of such re-sale. No. 602. Misc. DEPT. Practice of affix- ing names of Hea- then Deities to public documents to be discontinued. NO. DCI. TO THE COMMISSIONERS OF REVENUE. September 7, 1842.-No. 22. I T has been held by the Supreme Government, in a letter to the Secretary to the Government of Bengal under date the 5th ultimo, that after an Estate has been put up and sold under Act XII. of 1841, if the purchaser should fail to make good the purchase money in the manner prescribed in Section XVI., it is incumbent on the Collector to proceed to a re-sale ; and he is not at liberty to receive the arrears due from the defaulting proprietor in bar of such re-sale. The notification of re-sale is to be issued as provided in the forms prescribed by Section VIII., but it is not to contain any declaration regarding payment of arrears. 2. several Collectors of your Division with a copy of these instructions, for their information and guidance. The Sudder Board of Revenue request that you will furnish the NO. DCII. • . TO THE COMMISSIONERS OF REVENUE. September 7, 1842.—No. 23. THE Sudder Board of Revenue having observed that it has been a com- mon practice in the Mofussil Courts and offices, to affix to all proceedings and processes the names of the Heathen Deities, and having learnt that the Court of Sudder Dewanny and Nizamut Adawlut has enjoined the discontinuance of the practice in the several Courts of Justice, are pleased to direct that the practice alluded to be in like manner discontinued in the offices of the Re- venue Authorities subject to their control. 2. You will understand, and explain to your subordinates, that this order is applicable only to proceedings held, and processes issued, by the Officers of Government, and has no reference whatever to petitions, docu- ments, or papers of any kind which may be presented by individuals. SUDDER BOARD OF REVENUE. I 83 NO. DCIII. TO THE COMMISSIONERS OF REVENUE. September 14, 1842.—No. 24. ITH reference to para. 4 of Circular Order, No. 14, dated 11th May last, I am directed by the Sudder Board of Revenue to inform you, that they have determined to dispense with the periodical submission of the reso- lutions recorded by Commissioners on the Collectors' Towjees. They will call, when necessary, for the Towjee of any particular District in which the state of the collections, as shewn in the figured statement of the Revenue Accountant, may appear to require explanation. NO. DCIV. TO THE COMMISSIONERS OF REVENUE. October 26, 1842.—No. 25. IN continuation of Circular Orders, No. 20, dated the 10th August last, I am now directed by the Sudder Board of Revenue to transmit the ac- companying lithographed forms” for the Periodical Returns referred to in Rule XXXIII. of the new Rules of Practice, as also of the Statement to be fürnished by Collectors, adverted to in para. 7 of the Circular Orders above quoted. - NO. DCW. TO THE COMMISSIONERS OF REVENUE. November 9, 1842.—No. 26. | AM directed by the Sudder Board of Revenue to transmit for your in- formation and for communication to your subordinates, the accompanying copy of the orders of Government, No. 1304, dated 24th ultimo, prescribing rules to be observe whenever it may be necessary that sales under Act XII. of 1841 should be held by Uncovenanted Deputy Collectors. * Several of the forms have since been altered, and a complete revision of those in use is in contemplation by the Board. It is therefore considered unnecessary to append them, as at first intended, to this volume. No. 603. Misc. DEPT. Submission by Commissioners of their resolutions on Collectors’ Tow- jees, dispensed with. P No. 604. Misc. DEPT. Set of lithograph- ed forms of Perio- dical Returns cir- culated. No. 605. Misc. DEPT. Course to be fol- lowed whenever it is proposed that sales under Act XII. of 184 l should be held by Uncovenanted De- puty Collectors. 184 CIRCULAR ORDERS, Circular, No. 605. Nov. 9, 1842. \- —) -Y- No. 606. Misc. DEPT. Independent De- puty Collectors not competent to ex- ercise powers de- scribed in Art. VII. of new Rules of Practice, until spe- cially authorized by Government. No. 607. MISC. DEPT. Summary suits may be decided when Collector’s office is open, but discretion to be exercised in regard to dismissal of suits LETTER FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. With reference to your letter, No. 207, of the 6th June last, submitting in con- sequence of a reference from Government, the Board's opinion on the power of Uncovenanted Deputy Collectors to hold sales under Act XII, of 1841, I am directed by the Hon’ble the Deputy Governor of Bengal to request that the following rules may in future be observed on the subject. .. 2. No Uncovenanted Deputy Collector should be allowed to hold sales without express authority from Government in each instance, if there be time to obtain such authority. The application for authority should specify the name of the Deputy Collector who may have been selected for the purpose, and if there be more than one such Officer in the District, the reasons for the selection. 3. If owing to urgent circumstances, the Commissioner, or in cases still more urgent, the Collector, find it necessary to empower a Deputy Collector, without pre- vious reference to higher Authority, to hold sales under Clause 6, Act XII. of 1841, a report of the circumstances is immediately to be made, through the proper channel, for the confirmation of Government. •l NO. DCVI. TO THE COMMISSIONERS OF REVENUE. December 19, 1842. –No. 27. O | AM directed by the Sudder Board of Revenue to notify, that the Go. vernment have held that Independent Deputy Collectors, unless specially authorized by Government, are not competent to exercise the powers de- scribed in Art. VII. of the new Rules of Practice. No. DCWII. TO THE COMMISSIONERS OF REVENUE. December 14, 1842.—No. 28. I AM directed by the Sudder Board of Revenue to acquaint you, for the information and guidance of the Collectors of your Division, that a reference having been made to the Board relative to the propriety of Collectors deciding summary suits under Regulation VIII. of 1831, at periods when the Civil Courts are closed, the Board have held that such suits may be heard and SUIDDER BOARD OF RIEVENUE. 185 decided at all times when the office of the Collector is open for the dispatch of general business; but that it is incumbent on the Revenue Officers to exercise a sound discretion in regard to the dismissal of suits for non-attem- dance of the parties at seasons when the regular Courts are closed, and the transaction of Civil business is in a great measure suspended. NO. DCVIII. TO THE COMMISSIONERS OF REVENUE. * December 21, 1842. –No. 29. UNDER orders from Government in the Revenue Department, dated 28th ultimo, No. 1451, the Sudder Board of Revenue have been pleased to direct the circulation of the enclosed copy of a letter from Mr. Secretary Bushby to the Mint Committee, dated the 19th October, declaring the principle which is to be observed in the adjustment of deficiencies and ex- cesses in the out-turn of remittances of Treasure to the Mint. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF INDIA, To THE MINT COMMITTEE OF CALCUTTA. "I am directed to acknowledge the receipt of your Secretary’s letter, No. 108, Financial—Mint. dated the 8th ultimo, forwarding copy of a letter from the Mint Master, with the information required by Government in regard to the cause of the excess in the three remittances from the Collector of Patna, men- tioned in para. 3 of that Officer's letter, dated the 15th June last, and reporting the amount in which the out-turn value of those three remittances from Patna was , greater than their invoice value. 2. It appears with regard to these remittances, that though a number of base coins was found with each of them, the out-turn at the Mint exceeded the invoice value. • * 3. This is easily explained on referring to the different descriptions of the Rupees composing the remittances. It will be observed that the proportion of old standard Sicca Rupees is much greater in the statement of the Mint out-turn than in the invoice of the remittance of the 20th December, 1839; and in the remittances of the 15th March, 1840, and 24th June, 1840, though the invoices describe the whole of the Rupees to be new standard, there was a large quantity of old standard Sicca Rupees in both. Jº 4. The excess valuations which the remittances obtained at the Mint, were caused by the superior fineness of the old standard Sicca Rupee component, which Circular, No. 607. Dec. 14, 1842. \ J —y— for non-attendance of parties on days when the Civil Courts are closed. No. 608. Misc. DEPT. Principle to be observed in adjust- ing deficiencies and excesses in out- turn of remittances of Treasure to the Mint. 3 A 186 CIRCULAR ORDERS, Circular, No. 608. Dec. 21, 1842. \– J No. 609. Misc. DEPT. Course to be adopted in regard to appeals against objectionable or- ders of a Civil Court, with refer- ence to the brevity of the term for ap- peal. was not only sufficient to cover all the loss by base coins found in the remittances, viz. Rupees 132.15.4 and a deficiency in tale of 18 pieces, but to yield a surplus of Rupees 153.1.3. 5. The President in Council has no objection, in the adjustment of remittances to the Mint, between the Collector and the Mint Master, to allow the Native Treasurer to have credit for an overplus in the out-turn of one despatch of coins, as a set off against a deficiency in another despatch, where the overplus in one, and the deficiency in the other, is in the tale and weight of the coin, but where the excess value, as in the Patnā remittances referred to, is occasioned by a difference between the real and nominal value of the component coins, the Native Treasurer cannot be permitted to benefit by such difference further than as a set off against deficiency in the particular despatch; the Government being content, if the full value is realized in consequence of over-fineness in a component part, to wave its claim on account of the particular deficiency, but not recognizing any right in the Treasurer to an over-value arising from such a cause. 6. His Honor in Council is not prepared to authorize a set of standard weights with beam and scales to be supplied to the Collectors, in addition to those in con- stant use, with a view to obtain a greater degree of accuracy in the invoice of re- mittances. NO. DCIX. t TO THE COMMISSIONERS OF REVENUE. January 3, 1843.−No. 1. WITH advertence to the shortness of the period allowed under the existing Law for the presentation of Appeals in the Civil Courts, the , Sudder Board of Revenue are pleased to direct that, whenever a Collector shall be of opinion that there is any legal difficulty or objection to the execution of an order received from a Civil Court, he shall immediately, instead of replying to the Court, report the circumstances for the orders of the Commissioner, forwarding at the same time a draft of the appeal which he would propose to prefer to the Superior Court. 2. Should the Collector see reason to apprehend that the time limited for an appeal will have elapsed before he can receive the orders of the Commissioner, he will at once present to the Superior Court a formal petition of appeal, reserving the detailed statement of his objections until he shall have been furnished with the Commissioner's instructions. SUDDER BOARD OF REVENUE. 187 NO. DCX. TO THE COMMISSIONERS OF REVENUE. February 10, 1843.−No. 2. p I AM directed by the Sudder Board of Revenue to request that you will direct the attention of your subordinates to the annexed copy of a Circular issued by the Court of Sudder Dewanny and Nizamut Adawlut, and inform them that the Rules therein prescribed will be held applicable to the Of. ficers of the Revenue Department. * Circular, 19th February, 1819. 2. There is an old order* of the De- partment that on every change of Officers, the person receiving charge of the Collectorship shall report on the state of the records. You are re- quested to see that this is duly attended to in future. CIRCULAR. With the sanction of Government, it is notified, for the information and guidance of all public Officers at the head of establishments containing records, that in future, any Officer who permits the records of his office to fall into disorder shall be held responsible to Government for the expenses incurred in their re-adjustment; and any functionary receiving charge of an office the records of which may be in disorder, or so unmethodically arranged as to prevent the ready production of papers when, called for, who shall fail to make a timely report of their state, shall be similarly held answerable for the outlay attending the assortment of the records. NO. DCXI. TO THE COMMISSIONERS OF REVENUE. March 21, 1843.—No. 3. I AM directed by the Sudder Board of Revenue to send you the accom- panying copy of a letter from Government, under date the 6th ultimo, with its enclosure. 2. The Board request that when you, or any of your subordinates, have occasion to consult the Advocate General on points of English Law, you will conform to the practice indicated in Mr. Officiating Deputy Secre- tary Torrens' letter to the Register of the Sudder Court, making your appli- cation through this Board. No. 610. Misc. DEPT. Responsibility of public Officers for allowing records to fall into disorder, as well as of Officers failing to make a timely report there- of, after receiving charge. No. 611. Misc. DEPT. References for opinion of Advo- cate General on points of English Law, to be made through the Sudder Board. 188 CIRCULAR ORDERS, Circular, No. 611. March 21, 1843. \ —J Y No. 612. Misc. DEPT. Sudder jumma to be moted in statement of But- warrah Establish- mentS. No. 613. Misc. TXEPT. One copy of statement of Set- FROM THE OFFICIATING DEPUTY SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY SUDDER BOARD OF REVENUE. Judicial Dept. With advertence to your letter No. 45, of the 17th ultimo, I am directed by the Honorable the Deputy Governor of Bengal to forward for the infor- mation of the Board, the accompanying copy of a letter this day addressed to the Register of the Sudder Court, and to request that the Board will regulate the mode by which their subordinates are to be provided with the opinion of the Advocate General on points of English Law, according to the instructions given to the Court. FROM THE OFFICIATING DEPUTY SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE REGISTER OF THE SUDDER COURT. I am directed by the Honorable the Deputy Governor of Bengal to acknowledge the receipt of your letter, No. 163, of the 20th ultimo, and to inform you that his Honor approves of the suggestion that all references made by the Mofussil Judicial Authorities for the opinion of the Advocate General on points of English Law, should be submitted through the Sudder Court; and he requests that the Court will issue the necessary instructions to their subordinates on the subject. With reference to the 2nd paragraph of your letter, the Deputy Governor requests that the Court, when they have obtained in each instance the concurrence of the Advocate General, will exercise their discretion as hitherto in publishing any opinions on points of Law given by that Authority. NO. DCXII. …” TO THE COMMISSIONERS OF REVENUE. * March 10, 1843.—No. 4. IT appears that the form of the statement of Butwarrah Establishments, which was transmitted to your office with the Board's Circular, No. 25, dated 26th October last, is defective, a column for the sudder jumma having been omitted: I am directed by the Sudder Board of Revenue to request that you will note the sudder jumma in column 2nd under the name of the Muhal. ~meeshe e sº- No. DCXIII. TO THE COMMISSIONERS OF REVENUE. April 4, 1843.−No. 34. I NSTANCES having occurred in which the statement of settlements confirmed by a Commissioner has been submitted to this office in duplicate, SUDDER BOARD OF REVENUE. 189 instead of one copy being sent direct to the Accountant in the Revenue Circular, No. 613. Department, as required by Rules VIII. and X. of the new Rules of Practice, C. I am desired by the Sudder Board of Revenue to request that the provisions of those Rules, upon the point in question, may be strictly attended to in future. No. DCXIV. . TO THE COMMISSIONERS OF REVENUE. April 28, 1843.−No. 5. To enable the Sudder Board of Revenue to prepare a Return required by the Government of Bengal for the use of the Hon’ble the Court of Directors, I am instructed to request that you will cause to be prepared and submitted with the least practicable delay, a statement in the annexed form, of all Uncovenanted Officers, not being Natives, employed in your Division as their appointment. Deputy Collectors or in other revenue situations of trust and responsibility; and that on all future occasions of such appointments, you will furnish the Board with similar particulars in the same form regarding each individual. FORM. Statement of Uncovenanted Deputy Collectors and other Uncovenanted Officers, not being Natives, employed in Revenue situations of trust and responsibility in the © O7° Division. 's #5 ‘ā Past Abstract of Abstract of 0. 35 ºc "5 + ast occupa- Abstractor ac- StraCU O # f g Q 5 : 5 || 3 5. § tion. quirements. testimonials. Remarks. ; ##| | | | tº # = | * * * NO. DCXV. To THE COMMISSIONERs 6F REVENUE. May 26, 1843.−No. 6. IN continuation of Circular Order, No. 25, dated the 18th September, 1839, e I am directed by the Sudder Board of Revenue to transmit for your infor- travelling allow- April 4, 1843. tlements confirmed y Commissioners, to be sent to the Board, and another to the Accountant. No. 614. MISC. DEPT. Return to be submitted in a giv- en form of Uncove- manted Officers em- ployed in responsi- ble situations, on No. 615. Misc. DEPT. Scale on which 3 B 190 CIRCULAR ORDERS, Cº. º: mation and guidance, the accompanying copy of the Orders of Government, May º * , No. 1493, dated the 3d November, 1840, regarding the scale on which travelling allowance to chuprassies and other servants receiving a salary less to ch º º ... than 6 Rupees per mensem, is to be calculated. and other servants h is l . . . ExtRACT FROM THE PROCEEDINGS OF THE RIGHT HONORABLE THE calculated. GOVERNOR OF BENGAL, IN THE REVENUE DEPARTMENT, UNDER DATE THE 3D OF NOVEMBER, 1840. Ordered that the Sudder Board of Revenue be informed that the scale of tra- velling allowance for Amlah, passed on the 29th August, 1839, No. 1246, is also applicable to the case of chuprassies and other servants receiving a salary of less than 6 Rs. per mensem. No. DCXVI. TO THE COMMISSIONERS OF REVENUE. No. 616. - Misc. DEPT. July 14, 1843–No. 7. Course to be W ITH reference to the provisions of Section 8, Act VI. of the present 'º...". year, I am desired by the Sudder Board of Revenue to annex hereto, for a) the conduct of your information and guidance, a copy of a letter, No. 97, of this date, Govt. suits in tº e © tº 0 Mºsiń Courts, addressed to the Commissioner of the Jessore Division. In reply to your letter No. 119, of the 19th ultimo, relative to the employment of Counsel on the part of Government in suits referred for decision to Moonsiffs, under Section 8, Act VI. of the present year, I am directed by the Sudder Board of Revenue to instruct you, that the most advisable plan which occurs to them upon a consideration of all circumstances, is, that you should procure lists of the Pleaders in each Moonsiff’s Court of each District of your Division, and require the Government Pleader of the District to certify, on his own responsibility, the ablest and most respectable Pleaders for Government employ, and these Pleaders should be engaged for suits as they occur through the agency of the Government Pleader of the O District. The usual fees will suffice without the addition of a fixed salary, as the credit this employment will create will give them additional general practice. NO. DCXVII. TO THE COMMISSIONERS OF REVENUE. No. 617. O' 2 3.— T e MISC. DEPT. August 25, 1843.—No. 9. C. O. No. 70, I AM directed by the Sudder Board of Revenue to inform you that the ſº i. 3d paragraph of their Circular Order, No. 70, dated 22d August, 1837, is hereby superseded. SUDDER BOARD OF REVENUE. 191 NO. DCXVIII. 0. TO THE COMMISSIONERS OF REVENUE. September 4, 1843.−No. 10. IN continuation of Circular No. 6 A.” dated 30th June last, I am directed by the Sudder Board of Revenue to transmit herewith for your information and guidance, an extract paragraph 2d from Government Orders, No. 839, dated 28th ultimo, confirmatory of the Board's instructions regarding the adjournment of the sale fixed for the 28th of the present month, and ruling that no payment or tender of payment made subsequent to sunset of the 27th preceding, will bar the sale of Estates in arrear at that time. 2. To obviate possible misapprehension as to the latest day on which payment of arrears may be made, the Board have notified the above construc- tion in the Bengalee Government Gazettee for general information. EXTRACT PARAGRAPH 2.D. His Honor however is clearly of opinion that the Law provides for the contin- gency which has occasioned the present reference. The several Collectors will as a matter of course adjourn the sale of such Muhals as may be in arrear at Sunset of the day preceding the fixed day, until the next open day following, observing the forms prescribed by Section XIII. of the Act, and no payment or tender of payment made subsequent to sunset of the 27th will bar the sale of Estates in arrear at that time. NO. DCXIX. TO THE COMMISSIONERS OF REVENUE. September 18, 1843.−No. 12. AM directed by the Sudder Board of Revenue to call your attention, and that of the Authorities subordinate to you, to the Rules contained in Sections 18 and 20, Regulation XI. of 1822, and previous enactments, and to the Board's Circular, No. 36, dated 1st June, 1835, declaring that by those Rules a Deputy Collector appointed under the provisions of Regulation IX. of 1833, is prohibited from purchasing lands disposed of at the public sales by the Collector of the District within which he is employed. * This Circular is omitted, being merely an order to postpone the sale date in Sept. 1843, till after the expiration of the holidays, and the opening of the Civil Courts, No. 618. Misc. DEPT. Tender of pay- ment made after Sunset of day pre- ceding the fixed date of sale, does not bar sale, not- withstanding ad- journment of sale on account of holi- days. No. 619. MISc. DEPT. Deputy Collec- tors under Reg. IX. of 1833 prohibited from holding lands in Districts in which they are em- ployed. Return called for of landed property possessed by them. 192 CIRCULAR ORDERS, Circular, No. 619. , 2. The Hon’ble the Court of Directors have considered this interpre- Jº" “”, tation to be correct, and that, as a necessary consequence, the holding of land, whether actually possessed by a candidate for the situation of an Un- covenanted Deputy Collector, or subsequently acquired by such Officer, ought to disqualify him for employment within the District in which the land is situated. © 3. You are therefore requested to ascertain without delay, and report for the orders of the Board, whether any of the Uncovenanted Deputy Collectors of your Division hold land, or are landed proprietors within the Districts in which they are employed; and at the same time to cause it to be generally and clearly understood that Uncovenanted Deputy Collectors are prohibited altogether from holding lands under any title whatever in the Districts in which they are officially employed; and that therefore any viola- tion of this interdiction will be considered a disqualification requiring their removal from office. C 4. You are requested also to furnish, as soon after supplying the above O information as possible, a general Statement in the annexed form, showing the present landed possessions, under whatever title, of all the Uncovenanted Deputy Collectors of your Division; providing at the same time for keeping the Board regularly and promptly informed of all future acquisitions and other mutations as they occur—such a Register being necessary to guide the Board when determining the transfer of a Deputy Collector from one o g O District to another, O FORM. Register shewing the Districts in which lands are held by the Uncovenanted Deputy Collectors of the – or — Division. O © a tº Name of the Uncovenanted Districts in which their landed District. Deputy Collector. possessions are situated. Remarks. Note. In column 3 it will be sufficient to name the Districts only, the particular landed possessions need not be specified. SU DDER BOARD OF RIEVENUE. 193 No. DCXX. TO THE COMMISSIONERS OF REVENUE. November 12, 1843.−No. 13. © I AM directed by the Sudder Board of Revenue to transmit herewith for Official commu- g e icati to b observance by yourself, and by your subordinates, copy of a letter and of its ºil. . enclosure from the Under Secretary to the Government of Bengal, in the themselves without tº ſº o tº e o e •ef to other Judicial Department, (No. 1662, of the 6th instant,) containing instructions .." OUI161 for rendering official communications intelligible in themselves without re- No. 620. Misc. DEPT. ference to other documents. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. Judicial Department. I am directed by the Honorable the Deputy Governor of Bengal to transmit herewith copy of a letter from the Under Secretary to the Government of India, in the Foreign Department, No. 237, dated the 28th ultimo, and of its enclosure, containing instructions for rendering official communications intelligible in themselves, without reference to other documents, and to request that you will adhere to the Orders therein contained, and give similar directions to the several Authorities subordinate to the Board. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, TO ... • THE SECRETARY TO THE GOVERNMENT OF BEN GAL. Foreign Department. By direction of the Governor General in Council, I have the honor to transmit for the information of the Honorable the Deputy Governor of Bengal, the accompanying copy of a Circular Letter, No. 999, issued under this date, with a request that corresponding instructions may be furnished to the several •Officers subordinate to the Government of Bengal, with respect to their corres- pondence. CIRCULAR. Foreign Department. The Governor General in Council directs, that hereafter all servants of the Government who may have occasion to refer in their letters to any numbered paragraphs of letters received, will in the margin state briefly the sub- stance of the several paragraphs to which they refer. 2. Every letter should, as far as possible, be made intelligible in itself, without reference to any other document for the elucidation of its meaning, and great inconvenience to the public service, besides that of delay, may occasionally arise from the letter containing the paragraphs referred to, not being within the reach of the person to whom the letter making such reference is addressed. 3 C 194 CIRCULAR ORDERS, No. 621. MISC. DEPT. Mode of proce- dure to be obser- ved in Resumption appeals, in conse- quence of modi- fication of C. O. 8th Jan. 1839, by the mew Rules of Practice. No. 622. Misc. DEPT. Ministerial Offi- cers not to be entertained on low- er salaries than those fixed by Government. NO. DCXXI. TO THE COMMISSIONERS OF REVENUE. January 9, 1844.—No. 1. THE modified Rule regarding Resumption appeals circulated under date the 8th January, 1839, having been superseded by the new Rules of Practice, and the duty of referring cases for the revi- sion of the Special Commissioner having thus reverted to the Local Revenue Commissioners, I am directed by the Sudder Board of Re- venue to direct your attention to Rule 16 of the Rules of Practice appended to Reg. III. of 1828, and to request that you will observe the course therein prescribed in all cases which you may see fit to refer to the Special Commis- sioner of Calcutta, that is, you will transmit the papers of the case, with a proceeding containing the grounds for your reference to the Special Commis- sioner, and will, at the same time intimate your having done so to the Board, who in their capacity of Superintendent and Remembrancer of Legal Affairs, will have a pleading filed in accordance with the reasons assigned in your proceeding, with such amendments as may be necessary. 2nd. With your letter you will invariably transmit a stamped paper of one rupee value on which to write the pleading. O See Circular Order, No. 20, dated 10th August, 1842, para. 4. See Clause 4, Section IV. Regulation 3, 1828. NO. DCXXII. TO THE COMMISSIONERS OF REVENUE, February 2, 1844.—No. 2. I AM directed by the Sudder Board of Revenue to transmit herewith a copy of a letter from the Under Secretary to the Government of Bengal, in the Revenue Department, (No. 30,) dated the 26th December last, and to request that you will cause to be communicated to all your subordinates the prohibition of his Honor to the entertainment, under any circumstances, of Native Ministerial Officers upon lower salaries than those fixed by Govern- Imenf. SUDDER BOARD OF RIEVENUE. 195 FROM THE UNDER SECRETARY TO’ THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. It having been ascertained that the late Special Commissioner of Patna was in the habit of entertaining Native Ministerial Officers on lower salaries than those fixed by the Government for the situations they held, carrying the excess to the public credit, I am directed to request that you will intimate to the different Officers under your control, that the Deputy Governor considers this practice to be extreme- ly objectionable, and desires that’it may not, under any circumstances, be repeated. NO. DCXXIII. TO THE COMMISSIONERS OF REVENUE. February 2, 1844.—No. 3. O | AM directed by the Sudder Board of Revenue to transmit herewith a copy of a letter from the Under Secretary to the Government of Bengal, in the Revenue Department, (No. 1069,) dated the 27th November, and to request that you will enjoin upon all your subordinates a strict attention to the order therein contained, upon all occasions of making over charge of a Treasury. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO .THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. In continuation of my letter No. 1044, of the 22d. instant, authorizing the Collector of Dimagepore and the Deputy Collector of Bancoorah to make over charge of their respective Treasuries to their Uncovenanted Deputies, I am directed by the Hon’ble the Deputy Governor of Bengal to request, that on all future occa- ..sions of a similar nature, the Board will require the Officer making over charge invariably to state the amount of cash in his Treasury. NO. DCXXIV. TO THE COMMISSIONERS OF REVENUE. March 6, 1844.—No. 4. |T being understood that Commissioners are under the impression that they have authority to grant leave of absence to Uncovenanted Deputy Collectors to an extent not exceeding one month in a year, under Government orders of the 9th October, 1839, No. 1577, I am instructed by the Sudder Circular, No. 622. Feb. 2, 1844. . J -Y No. 623 Misc. DEPT. Officers making over charge of Treasuries to state amount of cash in Treasury. No. 624. Misc. DEPT. Leave of absence to Deputy Collec- tors for any period cannot be granted by any Authority below the Govt. 196 CIRCULAR ORDERS, Circular, No. 624. March 6, 1844. \ No. 625. Misc. DEPT. Law applicable to sale of shikmee tenures in Govern- ment Estates and Estates belonging to individuals— Rule of appeal in the two cases. Board of Revenue to direct your attefition to Section 1 of the subsequent J order of Government, dated 29th January, 1840, and published in the Calcutta Gazette of the 17th February following, ruling that no leave of absence from any office or station can be granted, but by the Government of the Presidency under which the Officer asking leave is employed. NO. DCXXV. TO THE COMMISSIONERS OF REVENUE. March 8, 1844.—No. 5. THE Sudder Board of Revenue having had under their consideration the several replies to their Circular letter, No. 8, dated 28th July last, relative to the sale of dependent talooks in Estates the property of Government, for arrears of rent, direct me to communicate the following observations on the subject for the future guidance of yourself and your subordinates. 2nd. Under-tenures in Estates under Khas management, including Government Khas Muhals, are saleable for arrears of rent only under Section XXV. Regulation VII. of 1799. Under-tenures in other Estates, which are not the property of Government, or otherwise under Khas manage- ment, are saleable under Clause 7, Section XV. of the same Regulation. 3rd. By Section 1, Act VIII. of 1835, and Government Orders,'No. 1418, dated 11th October, 1836, circulated with the Board's letter, No. 56, dated 29th November following, a previous summary decree that rent is due from the tenure is necessary in order to its sale under Section XV., and an appeal to reverse a sale made by the Collector under that Section cannot be entertained by the Commissioner except on the ground of the irrelevancy of the Regulation to the case appealed. On the other hand, an appeal against a sale made under Section XXV. may be heard and determined by the Commissioner on whatever grounds preferred ; inasmuch as for a sale under that Section no new Rule has been enacted, and no new powers have been bestowed on the Collector by Act VIII. of 1835 or any other Law. A pre- vious decree under Section XXV. has not been enjoined, and consequently the analogy of Section IV. Regulation VIII. of 1831 upon which the Go- vernment construction above quoted of the finality of a sale under Clause VII. Section XV. was founded, does not apply ; or that construction, it is to be presumed, would have specifically included Section XXV. as well as Section XV. of the Law. SUDDER BOARD OF REVENUE. 197 NO. DCXXVI. TO THE COMMISSIONERS OF REVENUE. March 29, 1844.—No. 6. * No. 626. * Misc. DEPT. |T having been brought to the notice of the Sudder Board of Revenue by li The term all the Court of Sudder Dewanny Adawlut, that in the Collectorate of Tipperah º sº the words “all the liabilities,” as used in the 2nd para. of the Board's º: Circular Order, No. 25, dated the 20th September, 1841, have been translated i. private debts. er in the vernacular advertisements of sale to signify the private debts of the proprietor whose interests are to be sold, as well as his liabilities on account of Government Revenue, I am directed by the Sudder Board of Revenue to caution you that the words in question were not meant to include liabilities of the former kind, but only arrears or suspensions of Government Revenue which might be due ón account of the lands to * See Section XV. Regulation XLV. of 1793. o be sold.* NO. DCXXVII. TO THE COMMISSIONERS OF REVENUE. 4. April 23, 1844.—No. 7. No. 627. º Misc. DEPT. | AM directed by the Sudder Board of Revenue to furnish you with the Form of State- annexed copy of Government Orders, No. 235, dated 25th ultimo, and to ...". Pºº" settlements con- request that you will forward to them as soon after the close of the current firmed under Rules official year as may be possible, for transmission to Government, a Statement º:º prepared in the annexed form, of all permanent settlements confirmed by and a quarterly © Return instituted. 'yourself and your subordinates, under Rules X. and XI. of the new Rules of €llll'Il 1D Stltute Practice, during the year. 2nd. From the ensuing year, you will be pleased to furnish similar quarterly Statements of all permanent settlements, and continue to submit separate quarterly Statements of temporary settlements confirmed by your- self under Rule VIII. in the form now in use. FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFI- CIATING SECRETARY SUDDER BOARD OF REVENUE. I am directed by the Hon’ble the Deputy Governor of Bengal to acknowledge the receipt of your letter No. 38, of the 17th February last, and in reply to inform you that the detailed form of Statement therein submitted is approved. 3 D 198 CIRCULAR ORDERS, Circular, No. 627. , 2nd. With reference to the question mooted in the 2nd paragraph of your (April 23, 1844, letter, the Deputy Governor thinks it is necessary that Government should be inform- Y- ed of the permanent settlements confirmed both by Commissioners and Collectors under Sections X. and XI. of the new Rules of Practice; but that the annual report of temporary settlements may be dispensed with altogether. tºp -: { Aſ) gº * 8 Cl2 pº ºuauai, as Jo SSOI a. s: Joj syllte W on aiquked {IIBIN an co Cº. 3 al 3 c *Ioj < & º pežešua euluanſ JappmS º g CŞ 3 's F- $—s e § à, 3 a. 3 3. & CO -3 Total,.... 19 Midnapore,' . . . . . . . . . . . . . . . . . . . . . 3 Schools. Cuttack, . . . . . . . . . . . . . . . . . . . . . . . . 3 , Balasore,.... . . . . . . . . . . . . . . . . . . . . . 3 , Khoordah, . . . . . . . . . . . . . . . . . . . . . . 2 , O Total, II Chittagong, . . . . . . . . . . . . . . . . . . . 3 Schools. Tipperah, . . . . . . . . . . . . . . . . . . . . . . 3 , Bullooah, . . . . . . . . . . . . . . . . . . . . . . 2 , O Total, 8 © Grand Total..... 101 4. The Schools will be established in any two or three of the principal Towns of. each District where the inhabitants may be willing to provide a suitable building for the purpose, and to keep it in proper repair. The Collectors or Deputy Collectors of each District will take care, that the intentions of Government in this respect are universally known before they decide on the location of the Schools, and invariably , give the most populous places the preference. Should there be any District in which obstacles arise to the establishment of the allotted number of Schools, they may be located in other Districts of the same Division, at the discretion of the Commissioner. For Masters, the Collectors will apply to the Secretary to the Council of Education, and for books to the same functionary. 5. The system of instruction to be pursued in these Schools will be strictly uniform, and for this purpose the Inspector Mr. E. Lodge has been directed to frame a scheme of study, which when approved will be communicated to the Board SUDDER BOARD OF REVENUE. 207 for their information and the guidance ºf their subordinates. The Collectors will Circular, No. 636. visit each School in their several Districts at least once a year, and report on them t annually to the Commissioners, who will submit a general report of all the Schools in their respective Divisions through the Board to Government. The Commissioners will likewise be expected to visit the Schools as often as may be on their periodical tours. O 6. The Master of each School will send in to the Collector monthlyk Returns * Appendix A. of the number of boys belonging to it, and the number in f Appendix B. attendance every day. He will also keep a Registerſ of all boys † Appendix C. admitted into the School, and oneſ of daily attendance. At § Appendix D. the end of the year he will furnish the Collector with a Statements of the classes and of the progress of the boys during the year. These Registers and Returns will all be drawn out in the vernacular language, and the Collector will take care to see that they are kept and forwarded to him with punctuality. 7. It is the desire of the Governor that all boys who may come for instruction to these Schools should be compelled to pay a monthly sum, however small, for their tuition, and also be charged the full value of books supplied to them from the public stores. Gratuitous education is never appreciated, and moreover the neces- sity for payment tends to induce the more respectable classes to send their children to the Government Schools, which would otherwise be attended by those of the lowest orders. All are equally in want of instruction, and it is obviously proper to begin with those who can not only contribute means for its further extension, but influence others by their example to follow the same course. $. The Schools will be visited occasionally by the Inspector, to whom every fatility will be given by the Revenue Authorities for ascertaining the state of the classes, and generally for obtaining all information which he may consider necessary in connection with his duty. 9. A copy of this letter has been sent to the Commissioner of Chittagong for his guidance, in respect to the Schools to be established in the Districts composing •his Division. Jan. 23. 1845. Y- J 208 CIRCULAR ORDERS, Circular, No. 636. Jan. 23, 1845. C -Y- f A. – Abstract Register of daily attendance of Scholars at the Vernacular School jor the month of 18 . Number of Scho- Number of Scho- Date. lars borne on the lars in attend- Remarks. Books. 8 Il C6. 1st, e e e º e º 'º e º O © tº e º e º 'º º •] 00 90 2nd, . . . . . . . . . . . . . . . . . . I00 85 3rd, . . . . . . . . . . . . . . . . . . I00 90 4th, . . . . . . . . . . . . . . . . . . 100 95 5th, . . . . . . . . . . . . . . . . . . 102 90 Two boys admitted. 6th, . . . . . . . . . . . . . . . . . . 102 5 y Sunday. 7th, . . . . . . . . . . . . . . . . . 102 9 y Holiday. 8th, . . . . . . . . . . . . . . . . . . 102 95 9th, . . . . . . . . . . . . . . . . . . 102 95 10th, . . . . . . . . . . . . . . . . . . 102 90 11th, . . . . . . . . . . . . . . . . . . 101 85 One boy left school. 12th, . . . . . . . . . . . . . . . . . . 101 90 13th, e e s e a c e º e º 'o - e. e. e. e. tº e 10:1 9 y Sunday. 14th, . . . . . . . . . . . . . . . . . . 100 85 ° One boy died. 15th. . . . . . . . . . . . . . . . . . . 100 85 16th, . . . . . . . . . . . . . . . . . . 100 85 17th, . . . . . . . . . . . . . . . . . . 100 85 18th, . . . . . . . . . . . . . . . . . . 100 65 Explain why small attendance. 19th, . . . . . . . . . . . . . . . . . . 100 65 Ditto. 20th, . . . . . . . . . . . . . . . . . . 100 9 9 Sunday. 21st. . . . . . . . . . . . . . . . . . . 100 85 22nd, . . . . . . . . . . . . . . . . . . 100 90 23rd, . . . . . . . . . . . . . . . . . . 100 90 24th, . . . . . . . . . . . . . . . . . . 100 y 9 Holiday. 25th, . . . . . . . . . . . . . . . . . . 100 9 y Ditto. 26th, . . . . . . . . . . . . . . . . . . 100 90 27th, . . . . . . . . . . . . . . . . . . 100 * 9 Sunday. O 28th, . . . . . . e e º ºs e e º 'º e º 'º e R00 90 O 29th, . . . . e e º tº e e º 'º e º e e º C 100 90 o 30th, . . . . . . . . . . . . . . . . . . 100 90 100 86 B. General Register for o | Opinion of Master as to Parent Date of ad Rate of Date of leav-ſproficiency and No. Name. Or Residence. Security. *...* | School- ing the In- general con- Guardian. IDISSIOIA, ing. stitution. |duct onleaving the Institution. 1 Ramlol Churn Ramkisto Chinsurah. Kisto Mohun, 1st January, 0 8 0 |9th May, 1846. Ghose. Ghose. Bose. 184—. š C. o & Register of daily attendance of Scholars for the month of 184—. Days of Month. Total. a |-|3|-ilāli: Number. Name. 1 |2|3|4|5|6|| 7 |8|9||10||1|12||13| 14 1516|17|18|19|20, 21 2223242526.27 28 |293031|3| | | |g|#. Remarks. #|#| |s|≤|3 #|#|#|3|E|# #|#|#|5|3|: Hurrimohun P.P.P.P.P.P. Su. H.H.P.P.P.P. Su. |L.L.L.P.P.P. Su. |P.P.P.P.P. P.] Su. |P.P. ,,21|0|| 0 || 3 || 4 || 2 Ghosaul. l D. Return of Annual Earamination of the Class held on the º Class. General Return by the Master. Result of Examination. Attendance, number of days. * - º º e I & Remarks by Examiners. -> Date of admis- Date of admis- ſº #|F r y Section. No. Names. Age. sion to School. sion to Class. Progress. # | # É. § # É. E. # ; # | 3 |#|5|#|3 7: QX ty) "3 •4-> ‘º .2 --> * | 3 || || || 3 |}|3|3|E É 2nd,.... | 1 || Rajcoomar Dey. | 9 || 1st Jan. 1844. 1st June, 1844. Satisfactory. 210 || 75 80 || 365 || 2 || 3 || 1 |4 * 2 || Hurryhur Dutt. 8 || 2nd Feb. 1844. Ditto. Good. 200 | 85 80 || 365 || 1 || 2 || 2 || 3 N. B.-It is found useful to employ figures in designating the qualifications of the different students. as indicating complete answers 45, 40, 35, &c. will designate inferior degrees of such answers. By adding up the numbers the general qualification of each pupil is known. w If fifty be considered r < ; | º - 210 CIRCULAR ORDERS, No. 637. Misc. DEPT. Construction of Rule VI. of new Rules of Practice. A single Member may call for report or papers necessa- ry to form his opi- mion of a case. No. 638. Misc. DEPT. Notification of latest dates of pay- ment under Act I. of 1845. NO. DCXXXVII. TO THE COMMISSIONERS OF REVENUE. January 29, 1845.-No. 2. RULE VI. of the new Rules of Practice, passed by the Bengal Government under date the 27th June, 1842, enjoins that, ordinarily, all matters coming before the Board shall be disposed of according to the concurrent opinion of both Members, and that in the event of their not agreeing, the question is to be referred to Government for decision. 2. The Board conceive that this Rule was intended to apply only to final decisions, and intermediate orders or instructions affecting the case before them ; and that in extending it to simple calls for a report or for papers required to be referred to prior to passing any order, properly so called, in the case, a construction has been practically given to it needlessly wide and liable to be attended with much inconvenience. 3. This letter is therefore to instruct you that in future, on all occa- sions of the above kind, when the Members do not agree as to the necessity for further information, the call will be made on the single authority of the Member who requires, a report, or calls for records, to enable him to form his opinion on the case. ( U NO. DCXXXVIII. TO THE COMMISSIONERS OF REVENUE. Febuary 22, 1845.-No. 3. I AM directed by the Sudder Board of Revenue to call your attention to the two Notices, (Nos. I and 2,) published in the Calcutta Gazette of the 29th ultimo—the former fixing the latest days in the broken period of the current year 1844-45, and the latter, the latest days in the ensuing year 1845-46 and succeeding years, for the payment, in the permanently settled Districts of the Lower Provinces, of all arrears of Revenue, and all demands which by the Regulations and Acts in force are directed to be realized in the same manner as arrears of Revenue. 2. You will be pleased to issue instructions to the Collectors of your Division, for the immediate publication of the advertisements prescribed in SUDDER BOARD OF REVENUE. 2] I J) Section III. Act. I. of 1845 in the several Courts and Offices therein specified, and also to take such measures as may be necessary for making the substance ( . of the Notice generally known throughout their several Districts. (No. 1.) With reference to the Notice published in the Calcutta Gazette of the 22nd January, 1842, in pursuance of the provisions of Act XII. of 1841, which is hereby abrogated and cancelled, the undermentioned dates have been fixed by the Sudder Board of Revenue, under Section III. Act No. I. of 1845, as the latest days in the broken period of the current year (1844-45) for the payment, in the permanently settled Districts of the Lower Provinces, of all arrears of Revenue, and all demands which by the Regulations and Acts in force are directed to be realized in the same manner as arrears of Revenue—in default of which payment the Estates in arrears in those Districts, except as provided in the said Act, will be sold at public auction to the highest bidders. In all permanently settled Districts, with the exception of Zillah Sylhet, 28th March. In Zillah Sylhet, 18th April. (No. 2.) The undermentioned dates have been fixed by the Sudder Board of Revenue, under Section III. Act No. I. of 1845, as the latest days in the year 1845-46, and sucéºeding years, until otherwise notified from this office, for the payment, in the permanently settled Districts of the Lower Provinces, of all arrears of Revenue, and all demands which by the Regulations and Acts in force are directed to be realized in the same manner as arrears of Revenue ; in default of which payment the Estates in arrears in those Districts, except as provided in the said Act, will be sold at public auction to the highest bidders. Circular No. 1, January 22nd, 1842. In Districts, and for Muhals, in which the Bengal, or Umlee Era is current, with the exception of Zillah Sylhet, 28th June, 28th September, 28th December, and 28th March; and in Districts, and for Muhals, in which the Fuslee Era is current, 7th June, 28th September, 28th December, and 28th March. Circular, No. 638. Feb. 22, 1845. —l Y- 212 CIRCULAR ORDERS, Circular, No. 638. Petty Estates, the jummas of which do not exceed 100 Rs. will be liable to sale U Feb. 22, 1845. , only once, twice or three times in the year, according to the amount of their res- pective jummas, viz. – g ſBstates with a jumma of 10 Rs. and under, In March. Tº: E 3 || Estates with a jumma exceeding 10 and not #5 # exceeding 50 Rs.,. . . . . . . . . . . . . . ( * * * * * * In December and March. 㺠= | Estates with a jumma exceeding 50 and not). In December, March and 5 exceeding 100 Rs., . . . . . . . & e º e º e º e s e e June. ... 2 (Estates with a jumma of 10 Rs. and under, In June. 3 Tº J Estates with a jumma exceeding 10 and not 2 + ge In December and June. # = exceeding 50 Rs., . . . . . .. . . . . . . . sº e º º * UEstates with a jumma exceeding 100 Rupees, In December, March and June. The following dates have been fixed for Zillah Sylhet, viz. 28th September, 18th January, ° and 18th April. N. B. This Notice does not apply to the Districts of the Chittagong Division,” ( viz. Chittagong, Tipperah and Bullooah, the dates for which will be fixed by the Commissioner of that Division. * The following notice relating to the Chittagong Division, dated 4th February, 1845, was pub- lished in the Gazette of the 12th February, 1845. Notice is hereby given, that for the Districts of Tipperah, Bullooah and Chittagong, the undermen- tioned dates have been fixed under Section 3, Act. No. I. of 1845, as the latest days in the years 1845–46, and succeeding years, until otherwise motified, for the payment of all arrears of Revenue, and all demands which by the Regulations and Acts in force are directed to be realized in the same manner as arrears of Revenue, in default of which payment, Estates, except as provided in the said Act, will be sold at public auction to the highest bidders. 25th May, 25th September, 26th December, and 25th February. Petty Estates, the jummas of which do not exceed 100 Rupees, will be liable to sale only once, twice or three times in the year, according to the amount of their respective jummas, viz.:- Estates with a jumma exceeding 50 Rs. and not exceeding 100 Rs., for arrears due on 25th February, 25th May, and 26th December. Estates with a Jumma exceeding 10 Rs. and not exceeding 50 Rs., for arrears due on 25th February, and 25th May. Estates with a jumma not exceeding 10 Rs., for arrears due on 25th May. SUDDIER BOARD OF REVENUE. 2] 3 NO. DCXXXIX. .J. TO THE COMMISSIONERS OF REVENUE. February 25, 1845.—No. 4. No. 639. Misc. DEPT. | AM directed by the Sudder Board of Revenue to transmit to you here- Scheme for re- with a copy of a letter, No. 127, dated the 5th instant, from the Under ..." G Treasurers' salaries Secretary to the Government of Bengal, together with a copy of the Ac- and securities. countant General's letter, No. 395, dated the 12th October, 1844, and of a Memorandum by Mr. Grant, therewith received, and to request that after careful enquiry, you will report on the practicability of making the reductions proposed by the Accountant General, and on the entire subject embraced in his communication. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY, SUDDER BOARD OF REVENUE. No. 127, dated 5th February, 1845. I have the honor to transmit in original a letter No. 395, from the Accountant General, dated the 12th October last, with enclosures, and to request that the Board, after causing enquiries to be instituted as to the practicability of making the reductions proposed by that Officer, will report the result, together with their own opinion on the entire subject, for the consideration of Government. FROM THE ACCOUNTANT GENERAL, TO THE SECRETARY TO THE GO- VERNMENT OF BIEN GAL. º, No. 395, dated 12th October, 1844. * I have the honor to acknowledge the receipt of the orders of his Honor the Deputy Governor of Bengal, conveyed to me in Mr. Under Secretary Beadon’s letter, No. 716, dated 27th August last, calling for an early reply to Mr. Offg. Se- cretary Torrens' requisitions of the 12th September, 1842, to the address of Mr. Offg. Accountant Thornhill, regarding Mr. Commissioner Ricketts’ proposal to reduce , the amount of security demandable from the Treasurer of the Bullooah Deputy Collectorship, and also to the orders of Government addressed to former Revenue Accountants on the 2d June, 1840, and 8th February, and 13th June, 1842, relative to the general question of increasing the salaries of the several Native Treasurers of Revenue Collectorates at this Presidency. 2. In obedience to the orders of the 2d June, 1840, I have the honor to submit herewith a Statement shewing the different embezzlements which have taken place in Collectorate Treasuries from the year 1824-25 to 1839-40, and the sums recovered partially or in full from the responsible parties, adding, where necessary, brief notices of recovery or adjustment appertaining to those embezzle- ments to the latest date. This Statement, I beg to observe, includes those embezzle- ments only which were shewn under the head of “Inefficient Balance” in the Collectorate Treasury Accounts, pending recovery and adjustment, and is therefore 3 H 214 CIRCULAR ORDERS, Circular, No. 639. C Feb. 25, 1845. Y J exclusive of any embezzlement of which the Local Revenue Officer may have been able to effect a recovery before it could have appeared in the Treasury Account as an item of Imefficient Balance, i.e. before the expiration of the month within which the fact of an embezzlement having taken place was discovered and adjusted. 3. With reference to the 2d para. of the orders of the 2d June, 1840, in which Government desired an opinion as to the proper amount of remuneration which should be given to Native Treasurers, as well as the sum which it would be suffici- ent to take from them as Security to cover all risks, I have the honor to submit herewith a Statement, (No. 2,) shewing the amount of gross receipts, under all the several heads of Account, of each of the Revenue Treasuries at this Presidency, assumed on an average of the past five official years ending with April, 1843, the present amounts of security and of salary of the several Native Treasurers, and those which at the desire of Government I now respectfully submit, should be per- mitted to obtain hereafter, as being perhaps better adapted to existing circumstances of difficulty in respect to procuring Officers of this description for Mofussil Collector- ships. It will be observed that in the Statement in question, I have preserved the maximum amount of Security at the figure approved by Government on the llth June, 1836, viz. fifty thousand Rupees, but that instead of assuming the minimum at twenty-five thousand Rupees also approved of in those orders, I have ventured to modify the plan by suggesting the adoption of four classes of security, viz. The first and highest at 50,000 Rupees, to cover responsibility on account of receipts amounting to 30 Lacs of Rupees and upwards ; The second at 25,000 Rupees, to cover responsibility from 15 to 30 Lacs of Rupees; The third at 15,000 Rupees, . . . . . . . . . . . . . . . . from 5 to 15 Lacsof Rupees; and The fourth at 10,000 Rupees, . . . . . . . . . . . . . . . . less than 5 Lacs of Rupees. t The adoption of this scale of security would, I beg to observe, have the effect of opening the situation of Native Treasurers at Mofussil Treasuries to larger sec- tions of the Native community, than is permitted by the orders of the 11th June above cited, by reason of the higher amounts of security authorized to be demanded under those orders; and although it contemplates a reduction of security in respect to Districts of the second, third and fourth classes, yet I see no reason to apprehend loss to Government in consequence, provided the Local Revenue. Officers, in confor- mity with the Rules laid down for their guidance in the Resolution of Government dated 7th May, 1824, exercise a vigilant superintendence over the Treasury Depart- ment of their respective offices. 4. With the view of rendering the office of Treasurer still more attractive to Natives of respectability and character, I have ventured also to assume a scale of salary with reference to the several grades of security, thus:– 1. Security @ 50,000 Rupees; salary at 150 Rs. per month. 2. do. (a) 25,000 do. I 10 do. 3. do. (a) 15,000 do. 80 do. 4. do. (a) 10,000 do. 65 do. U. SUDDER BOARD OF REVENUE. 215 J) 19 at 65 do, e e º ºs e e º e º 'º e s e º e º 'º º 5. The Districts of the 1st class, where security to the extent of 50,000 Rs. would be required, are 6 in number, and those of the 2d, 3d and 4th classes respec- tively, where the scale of security would be 25,000 Rs. 15,000 Rs. and 10,000 Rs. are 15, 12 and 19 in number, so that were the proposed allowances to be given to the seve- ral grades of Native Treasurers thus arranged, the total monthly outlay on this account would be Rs. 4,745, or Rs. 2,490-12-10} in excess of the amount, Rs. 2,254-3-1}, now disbursed as shewn in the Statement, No. 2, before alluded to. 6. In reference to the scale of salary above proposed, I beg leave to remark that Mr. Accountant General Wood, in his address to Government dated 30th April, 1824, recommended for sanction a scale of allowances for Native Treasurers varying from Rs. 50 to 200; I have ventured to suggest a middle scale, because the former sum, Rs. 50, is not considered an adequate remuneration for the labour and res- ponsibility attaching to the office of a Collectorate Treasurer; while the latter, Rs. 200, is much more than what the several Local Revenue Officers who have recommended an increase to the pay of their Native Treasurers, seem to consider sufficient to secure the services of men of respectability and character for that office. 6 at 150 each, . . . . . . . . . . . . . . . . 900 15 at 110 do, .. . . . . . . . . . . . . 1650 12 at 80 do, . . . . . . . . . . . . . . . . . . 960 1235 Total,.... 4745 7. In order to meet in some measure the large increase of expense involved in the above proposal for increasing the salaries of Native Treasurers, I have the honor respectfully to suggest, whether enquiries might not be instituted, through the channel of the several Commissioners of Revenue, as to the practicability of remo- delling the present establishments of the Revenue Collectors. That there is some room for revision is apparent from the circumstance of some Collectorate establish- ments having separate Stamp Darogahs, while others are altogether without them, who nevertheless manage the duties of their Stamp business with equal efficiency. The question hence arises whether it be not prac- Backergunge, . . . . . . . . . . . . . . 20 0 0 - º tº e º 'º e º e º & e º dº e s tº ; § º ticable to abolish the situation in those Districts €haf, . . . . . . . . . . . . . . . * * * * * º º Bograh, .................. 15 10 10 in which such Officers appear to be employed, and e e o e e c e s e o 'o e º O e s a 20 l 4 * g e #. . . . . . . . . . . . . . . . . 15 * § to require the Native Treasurer to perform the Pacca, º, . . . . . . . . . . . . . . . . . . * : * duty on his increased allowances, and thus save Furreedpore, . . . . . . . . . . . . . . 15 0 0 tº Hoogly, .................. 20 14 5 the expense of separate Darogahs, amounting, e e º 'º e º sº e e º e º e, e º e º 'º 0 0 0 g e łºś. e e e º 'º e º e º e º e º º : ô j as shewn in the margin, to Rs. 489-7-5 per Monghyr, . . . . . . . . . . . . . . . . . . mensem. The Officers now employed under the Mymensingh, ... . . . . . . . . . . . 20 0 0 e Nuddea, .................. 20 14 5 Stamp Darogahs, viz. the Mohurrer and Sudder Patna, . . . . . . . . . . . . . . . . . . . . 20 0 0 p.................... i. 1, 10 Stamp. Wender, &c. must, of course, be placed ... . . . . . . . . . . . . . . . . . . . 19 under the guidance of the Treasurers, in the event Rajshahee, . . . . . . . . . . . . . . . . 20 15 5 tº tº g tº Rungpore, ................ 20 0 0 of the suggestion for the abolition of the office Sarum, . . . . . . . . . . . . . . . . . . . . 30 0 0 º & e sin...................... 30, o 0 of Darogah being approved of and carried into Tipperah, . . . . . . . . . . . . . . . . . . 20 14 5 ~~~~ tº ſº tº * Tiāoot."... . . . . . . . 20 o o effect. I may be permitted to add that if, in the Maunbhoom, .............. 15 0 0 Districts in which there are no Stamp Darogahs, Total,.... 489 7 5 commission be allowed to the Native Treasurer tºmsº º when performing the duty of that Officer, as I Circular, No. 639. Feb. 25, 1845. –J Y 216 - CIRCULAR ORDERS, Circular, No. 630. Feb. 25, 1845. |- -Y- J am inclined to think is the case with reference to the practice in the 24-Pergunnahs Collectorate, the withholding of such remuneration from the Treasurer would occa- sion a further saving of expenditure, though I have no means of calculating the amount. 8. Again, under the provisions of Act XII. of 1841, Government have been pleased to abolish the levy of interest on arrears of Revenue; and therefore Interest Mohurrers in the several Collectorate establishments might also, I submit, be dis- pensed with, so soon as the Interest Accounts of those Collectorships may be brought Backergunge, .............. 23 0 0 to a close. The Districts in which there appear #. :::::: “” “” “ . . . to be separate establishments of Interest Mohur- inagepore,. . . . . . . . . . . . . . . . 19 0 0 e ge e Hoogly, ... . . . . . . . . . . . . . . . . .22 & 3 rers are those mentioned in the margin, and the Jessore, . . . . . . . . . . . . . . . . . . 32 0 0 e º & Maidah, ... . . . . . . ...... 10 0 0 monthly sum available as saving from this source, Patna, . . . . . . . . . . . . . . . . . . . . 20 0 0 ; ; ; * tº ; Flow * tº Purneah, . . . . . . . . . . . . . . . . . . 10 0 0 if its relinquishment be considered practicable * e c e e º e º 'º º e º 'º e º 'º º ! | t and expedient, would seem to be Rupees 227-7-0. a run , . . . . . . . . * * * - - - - - - - - - te 24-Pergunnahs, . . . . . . . . . . . . 15 0 0 9. The total monthly saving from these Total,.... 227 70 sources, exclusive of commission apparently al- lowed to Native Treasurers in Districts without Stamp Darogahs, (supposing the Books of Audit Establishment from which the information on the subject has been obtained, to show all the necessary particulars and designations of the Collectorate Amlah with accuracy,) would seem to be Rupees 716-14-5 per mensem, or Rupees 8,602-13-0 per annum. 10. With reference to Mr. Officiating Secretary Torrens’ separate reference of the 12th September, 1842, on the subject of the Treasurer of the Bullooah Collec- torate, I have the honor to remark, that as the suggestions made by me on, the general question of the extent of security to be taken from, and of allowances to be granted to Native Treasurers, are necessarily inclusive of the Bullooah Collectorship, it is unnecessary for me to add any separate remarks respecting the individual case of that District. ll. I think it proper here to notice that Mr. Revenue Accountant Grant, when proceeding to England on furlough in 1841, left a Memorandum in the office, a copy of which is herewith submitted, and in which he suggested with reference to the requisitions contained in the Government Order dated 2d June, 1840, that 100 Rs. is the least salary a Treasurer ought to receive, and that Rupees 200, or 250 might be enough for the largest Treasuries. Mr. Grant also suggested that there ought to be one Treasury and one Treasurer only in each District, and that the Treasury of the Collector of Land Revenue should be made the sole medium of all public receipts and disbursements, the office of Treasurer to Judges and Magistrates being abolished, and the saving produced thereby being applied towards the increase of the salaries of Collector’s Treasurers. I am deterred from recommending Mr. Grant's proposal owing to the heavy expense that would attend its adoption, and because the abolition of Judicial Treasuries seems to be objectionable, for the reasons submitted to Government in Mr. Revenue Accountant Dorin’s report, No. 169, dated 29th April, 1837. SUD DER BOARD OF RIEVENUE. 217 12. The original papers received, with your several letters are herewithſ re- Circular, No. 639. turned Feb. 25, 1845. Ull’Il CCI. C J Y MEMORANDUM BY MR. GRANT, REVENUE ACCOUNTANT. There can be no doubt that it is not worth the while of a respectable man, capable of finding adequate security, to accept the office of a Collector’s Treasurer on the usual salary, unless he can make by his office some unauthorized profit : whether or not it be possible to prevent Treasurers from making such profit, I think the Government is bound'to do away with the necessity of making it, other- wise it virtually sanctions it. - I incline to think that Rupees 100 a month is the least salary a Treasurer ought to receive. Perhaps Rupees 250 or Rs. 200 may be enough for the very largest Treasuries. But actual experiment will be the best guide. I am of opinion that there ought to be only one Treasury and one Treasurer in any one District. I would abolish the office of Treasurer to Judges, &c.—all money paid into Court might be paid into the Collector's Treasury, anti in the same way the Collector might refund money upon the Judge's order. Judges must, of course, as at present, have Accountants. This change would afford a considerable sum to- wards the increase of the salaries of Collectors’ Treasurers. Generally speaking, I think that Treasuries should be diminished in number, and strengthened in establishment. ** I am aware that in this opinion I have the authority of Mr. Dorin against me, to whom this very proposition was referred. I have read the whole of the papers relative to that reference, and I cannot differ from Mr. Dorin without diffidence. "What therefore it was my intention to have proposed, was, that this plan should have been tried experimentally in one District near Calcutta under the Accountant’s eye. I venture to hope that the objections of detail mentioned by Mr. Dorin may be overcome by a little care, after sufficient experience. I think that the Treasurer should by right, as he generally does in practice, appoint all the subordinate Treasury Officers, but not of course the Accountants, , who should be wholly independent of the Treasurer. NO. DCXL. TO THE COMMISSIONERS OF REVENUE. March 13, 1845.-No. 5. Miº. WITH reference to para. 7 of Under Secretary Mr. C. Beadon's letter, º No. 828, of the 18th December last, a copy of which accompanied the Circular VernacularSchools. letter (No. 1) issued from this office under date the 23d January last, relating to the establishment of Government Vernacular Schools in the Mofussil ; I 3 I 218 CIRCULAR ORDERS, Circular, No. 640. March 13, 1845. - ) C -Y- No. 641. Misc. DEPT. Instructions re- lative to receipt and issue of defac- ed copper Coins. Resolution. am directed by the Sudder Board of Revenue to communicate to you that they have fixed one anna per mensem for each pupil as the charge for education in the above Schools; it being remembered that the scholars are liable to be charged the rateable full value of books supplied to them from the public stores. : (* No. DCXLM. TO THE COMMISSIONERS OF REVENUE. April 9, 1845–No. 7. - AM directed by the Sudder Board of Revenue to transmit herewith for your information, a copy of a Resolution passed by the Governor General in Council on the 31st January last, on the subject of the copper Coins to be received into Government Treasuries, and issued therefrom, and to request you will communicate the same to all Officers subordinate to you in charge of Treasuries, directing their particular attention to the instructions contained in para. 14 of the order in question. RESOLUTION OF GOVERNMENT IN THE FINANCIAL DEPARTMENT, Dated the 31st January, 1845. Read again a letter and its enclosures from the Superintendent of Police Lower Provinces, No. 8, dated the 4th instant, to the address of the Secretary to the Government of Bengal,forwarded by Mr. Under Secretary Turnbull, under the Orders, No. 68, of the Right Hon’ble the Governor of Bengal, dated the 11th idem, relative to the rejection of certain pice, deemed to be spurious by the Collector of Patna. Read again the letter, No. 33, dated the 13th instant, to the Accountant Gene- ral, forwarding the papers above adverted to. Read the orders of the Right Hon’ble the Governor of Bengal, No. 51, dated the 14th instant, forwarding copies of a letter, No. 65, dated the 10th idem, from the Board of Customs, Salt and Opium, and of its enclosures. Read a letter and its enclosures, dated the 16th instant, from the Accountant General in reply to the letter addressed to him, under date the 13th idem, No. 33. 2. The Governor General, in Council observes that the inconvenience ex- perienced in the present instance seems to have arisen from the Collector of Patna having been in doubt as to what copper Coins should be received into the Government Treasury as pice of genuine Government coinage, which have not been declared illegal by any legislative enactment. 3. Independent of the copper coinage issued under the provisions of Acts XXI. of 1835 and XXII. of 1844, the copper Coins which have legal circulation in the Provinces of Bengal, Behar and Orissa, are the copper pice struck at the SUDDER BOARD OF REVENUE. 219 19 Calcutta Mint in conformity with Regulation XXV. of 1817, weighing 100 grains troy each, and the half anna piece, and the pie piece, weighing, respectively, 200 grains troy, and 33.333 grains troy, coined under Regulation III. of 1831. 4. Besides these Coins struck in conformity with the Regulations quoted, there were others previously issued from the Calcutta Mint, which though not legalized by special enactment, the Government is nevertheless undoubtedly bound to recog- Ill2,62. 5. These may briefly be stated as follows: From May, 1796, down to the years 1808-9, single pice were issued, each weigh- ing 12 annas or 134% grains, and half pice, each weighing 6 annas or 673 grains; the former at 64, and the latter at 128 to one Rupee. In October, 1808, the weight of the single pice was reduced to 9 annas or 101.06 grains, and in August, 1817, to 100 grains by Regulation XXV. of 1817.— No half pice of this description appear ever to have been coined. In 1808-9, Behar single pice, each weighing 101 grains, were coined to circulate at 64 to the rupee. - •e 6. Moreover from December, 1807, down to the passing of Regulation X. of 1809, there was a coinage of Benares double pice, each of 1964 grains; single pice of 98+ grains; and half pice, each of 49 grains; which, though struck for and remitted to Benares, can hardly be held to come within the provisions of Regulation X. of 1809. - 7. By Act XIII. of 1836, all pice struck at the Mints of Benares and Furrackabad, under the provisions of Regulations X. of 1809, VII. of 1814, and XXI. of 1816, ceased to be legal tenders in the Provinces of Bengal, Behar, and Orisia, and by Act XIII. of 1844, Trisoolee pice were declared altogether illegal, and withdrawn from circulation. 8. The only pice therefore likely to be very much worn, which are now pro- perly or legally receivable into the Patna Treasury, are those above enumerated, as having been issued from the Calcutta Mint without Regulation, prior to the year 1817, and the single pice coined under Regulation XXV. of 1817. 9. The inscription on these latter Coins is as follows: On the obverse º *\#3\º "e sº rv Urºſs & On the reverse gas ºtiš fºl *-s º *at HTº faāt and it is not known that that on any of the others is materially different. 10. The Governor General in Council is of opinion, that if any portion of the above inscription remains so legibly impressed on the Coin, as to leave no reasonable doubt that it is of the coinage of the Calcutta Mint, the pice ought to be still accepted at the Government Treasury. - 11. On the other hand, as the nominal value of the pice is so greatly in excess of its real value as copper, as to afford great temptation for counterfeit imita- Circular, No. 64 1. April 9, 1845. Y J 220 CIRCULAR ORDERs, Circular, No. 641. April 9, 1845. \– Y Order. ) tion, he decides that if there be not legible, on the Coin such sufficient trace of its original inscription as clearly to identify it as of genuine Government coimage, it shall not be accepted at any Government Treasury. 12. The Governor General in Council remarks, that by the Circular Orders issued for the guidance of the Revenue Officers on the 24th August, 1832, No. 435, it was directed that “old pice the impression on which is perfectly distinct, should be continued in circulation by re-issue, and pice which no longer bear any mark of original issue, or are too much defaced to be fit for issue, but are otherwise in appearance clearly not spurious, and not manufactured in any other place than the Government Mint, and which have come into the Treasury in ordinary course of payments of the fractional parts of a Rupee, are not to be re-issued, but are to be sent by the first favorable opportunity to the Calcutta Mint.” 13. These instructions afforded somewhat too great a latitude in the receipt of defaced pice, for they recognized the possibility of the admittance into the Treasury of genuine Coin which bore no mark of original issue. As it is possible that the Officers of the Patna Treasury may have been so far misled by a doubtful construc- tion of these orders as to have permitted currency to Coins which ought not pro- perly to have been in circulation, and as the Abkars whose cases are submitted with the letter of the Board of Customs, Salt and Opium, No. 65, dated the 10th instant, may have been guided by the practice of the Collector’s Treasury, the Governor General in Council is willing to admit the receipt from them, in exchange for new Company’s pice, at par in tale, of so much of the defaced pice mentioned in their respective petitions to have been taken in the ordinary course of their trade, as can fairly be decided on re-examination not to be of actual illegal currency or spurious coinage. Of the ten copper Coins submitted by the Board of Customs, Sak and Opium, the six contained in one package being entirely without inscription are such as are not receivable into any Government Treasury: the other four bear legible inscriptions and cannot properly be rejected. 14. The Governor General in Council directs that immediate instructions be issued to all Officers in charge of Treasuries in the Lower Provinces, rescinding so much of the Circular Orders of the 24th August, 1832, as admitted the possibility of the receipt into any Government Treasury of copper Coins on which no portion of the original inscription should be distinctly legible; and he desires that it be held as a general Rule, that when the inscription or device on any legally current copper Coins is much defaced by ordinary wear, these Coins shall not be re-issued from any Government Treasury, but reserved for transmission to the Calcutta Mint. 15. Ordered that a copy of the foregoing Resolution be communicated to the Bengal Office, with advertence to the orders of the Right Hon’ble the Governor of Bengal above noticed, and that the specimens of pice be returned to that office. 16. Ordered also that a copy of this Resolution be transmitted to the Ac- Countant General for his information, with instructions to carry out the directions contained in the Resolution. SUDDER BOARD OF REVENUE. 221 Q No. DCXLII. TO THE COMMISSIONERS OF REVENUE. April 9, 1845.-No. 8. . . ITH reference to para. 3 of the Circular Order issued by the Sudder Board of Revenue on the 23rd January last, No 1, I am directed to transmit herewith for communication to the several Collectors and Deputy Collectors subordinate to you, the annexed outline of the plan of instruction to be introduced into the Government Vernacular Schools, which has been pre- pared by Government in communication with the Inspector Mr. E. Lodge. SCHEME OF STUDY FOR THE GOVERNMENT VERNACULAR SCHOOLS. The alphabet, compound letters, and numerals, dught to be written in large characters on boards, which should hang against the walls of the School-room, or be put upon the ground before the children. Each board should be two feet square. While learning these letters, &c. the pupils ought to be taught to form them with pencils on slates, or with the cullum and clay on black pieces of wood. Great care should be taken in teaching the pupils the correct sounds of the letters, &c. and the effect of the different accents. When the pupils can write all the letters, &c. from dictation, the following books may be put into their hands. Oordoo,. . . . . . . . . . Spelling Book. ‘o *, Hindee,. . . . . . . . . . Spelling Book, Part I. Ditto, Part II. Bengalee, . . . . . . . . Burmomala, Part I. Ditto, Part II. After each lesson in spelling and reading, the pupils should be made to copy several of the words from the book with great care, and several times over. They must be prevented as much as possible from learning their lessons by heart without spelling through, or noticing the formation of the words. Until they can make out the words by themselves, without assistance, the master will read each lesson over to them slowly beforehand. The pupils must be kept in classes, and the plan adopted of allowing them to take places when one corrects another. The pupils may next read the following books. - Oordoo,. . . . . . . . . . Eleasing Stories. Looking Glass. - Arithmetical Tables. Hindee,. . . . . . . . . . Nitikotha. Monorumjun Itihas. O Arithmetical Tables. No. 642. Misc. DEPT. Outline of plan of instruction for Wer- macular Schools. 222 CIRCULAR ORDERS, Circular, No. 642. April 9, 1845. C — Y- \ Bengali,. . . . . . . . . . Nitikotha, Part I. Ditto, Part II. Monorumjun Itihas. • Dharapat. • Each reading lesson being over, the pupils should be required to spell every long word, and to write from dictation a few.lines in it. The Arithmetical Tables must be got by heart, and the pupils practised every day in mental Addition and Sub- traction. Having mastered the above, the pupils may next read the following works. Oordoo,. . . . . . . . . . Gilchrist’s Grammar. Brown's Arithmetic. Reader, No. I. Hindee,. . . . . . . . . . Adam’s Grammar. Adam's Arithmetic. Reader, No. I. Bengalee, . . . . . . . . Keith's Grammar. © Harle’s Arithmetic. Yates’ Reader. The Grammar should be got by heart. The pupils should still be required to spell the more difficult words, and to write from dictation passages in their reading lessons. They should likewise parse every sentence, and answer easy questions on Grammar connected with what they read. The books which may then be given to them are, Oordoo,. . . . . . . . Reader, No. II. Marshman’s History of India. Miss Bird’s Geography. Hindee,. . . . . . . . Reader, No. II. Ditto, No. III. Miss Bird’s Geography. Bengalee, . . . . . . Marshman’s History of Bengal. Pearce's Geography. The pupils should now be constantly practised in composition and letter-writ." ing, and their studies in Arithmetic should also be continued. They should parse daily three or four lines of their reading lessons, and be required to correct bad spelling and Grammar. They should be minutely questioned upon every particular in the history they read, and occasionally called upon to give written answers to the questions proposed. This subject should never be read without a Map. The more advanced pupils may be required twice a week to write essays and letters on various subjects, which should be valued, not for their length, but for their gramma- tical and Orthographical correctness, and for their closeness to the matter proposed. This course will be found sufficient for the Vernacular Schools, until after some years, when many more class books will probably be available, and experience will have shewn the defects and merits of the system. O SUDDER BOARD OF REVENUE. NO. D6)YLIII. TO THE COMMISSIONERS OF REVENUE. April 18, 1845.-No. 9. THE Sudder Board of Revenue having observed a want of uniformity and For instance—the Collector of My- precision in the advertisements of Estates to mensing and the Deputy Collector of Ban- coorah advertise the sales as conditional on the arrears not being intermediately liquidated ; obviously misconceiving or over- looking the first principle of the Sale Law, viz. that no arrears are to be received after the fixed last day of payment, and the very object of the Advertisement, viz. to give notice of Estates to be unreservedly sold. be sold for arrears of Revenue under Act I. of 1845, published in the Government Ga- zettes commencing with the 2nd instant, and in some cases a misapprehension of the Law on the part of the Collector, direct me to enjoin that in future such Advertisements shall be made in the following form. Estates in Zillah the Collector’s Office of that District on the FORMI. Notice is hereby given, under Section VI. Act No. I. of 1845, that the undermentioned will be put up to public and unreserved sale at day of 184— for arrears of Revenue, and other demands which by the Regulations and Acts in force are directed to be realized in the same manner as arrears of Revenue, due on the day of — 184—. .# : à 3. Name of Recorded Balance due on sº Class of Muhal. 3 - 2 5 M l Proprie- |Sudder Jumma, the – day of Remarks. O || || + 32 . . ; uhal. t 184— | \, ‘5 5 ; ; OTS. * c. * = & $9 Z! * 2 5 & 2. I. | Permanently settled If a portion only of Estates. an Estate is to be t sold, it should be II. Estates not perma- noticed in this nently settled. Č. ill b Olle C to rS WI e *III. Estates in arrears on pleased to observe account of years an- that Estates of tecedent to the cur- tº: º º rent and preceding • W - 3 Il & year. ad | º: be . and consequently IV. Estates to be sold for cannot be includ- arrears due on ac- ed in this Adver- count of other Es- tisement) other- tates. wise than after the notification pre- W. Estates under attach- scribed by Section, ment by older of a W. of the Act. Judicial Authority. VI. Estates to be sold on account of demands realizable in the same manner as arrears of Revenue. No. 643. Misc. DEPT. Form of Adver- tisement of Estates to be sold under Act I. of 1845, for publication in the Government Ga- Zettes. 224 CIRCULAR ORDERS, No. 644. MISC. DEPT. Prohibition to Officers to purchase or hold lands in Districts in which they are employed, repeated. No. 645. Misc. DEPT. Notice of sales under Sec. 6, Act I. of 1845, to be pub- lished in language of District both in English and Ver- nacular Gazettes, besides an English version in the for- Iſler. No. 646. Misc. DEPT. Covenanted AS- sistants residing in No. DCXLIV. TO THE COMMISSIONERS OF REVENUE. April 25, 1845. —No. 10. UNDER the instructions of the Right Hon’ble the Governor of Bengal, bearing date the 2nd instant, letter No. 270, I am directed by the Sudder Board of Revenue to intimate to you for your information and for com- munication to your subordinates, that the Hon’ble the Court of Directors have resolved, with reference to a Memorial of Uncovenanted Deputy Col- lector Mr. Knott, praying to be allowed to purchase lands at public sales held by Collectors, that they cannot sanction any departure from the estab- lished Rule that no Officer in their service can be permitted to hold lands in any District in which he exercises Civil Authority. Vide also Board's Circular of the 15th September, 1843, No. 12. NO. DCXT.V. TO THE COMMISSIONERS OF REVENUE. June 20, 1845.—No. 11. IN continuation of Circular Order No. 9, of the 18th of April last, aſd to obviate the variety of practice which appears to prevail on the subject, I am desired by the Sudder Board of Revenue to request that you will instruct the several Collectors of your Division, that the notice of sale enjoined by Section 6, Act I. of 1845, should be published in the language of the District, and according to the form prescribed by the Board's Circular above quoted, both in the English and the Vernacular Government Gazettes—and that an English version of the notice, in the said form, should also be published in the English Gazette. NO. DCXLVI. TO THE COMMISSIONERS OF REVENUE. June 20, 1845.—No. 12. | AM directed by the Sudder Board of Revenue to communicate for your information and guidance, that it has been ruled by Government, that Assist- sudder BoARD OF REVENUE. 225 ants appointed to reside in the interior of a District, with the charge of a definite jurisdiction, are to perform any Revenue duties* at their respective out-stations on which they can be employed without hindrance to their business in the Judicial Department. 2. It is however to be understood that this Rule is subject to excep- tions in particular instances. 3. A copy of the Government Order is annexed. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. Dated 21st May, 1845, No. 416. I am directed by the Right Honorable the Governor of Bengal to acknowledge the receipt of your letter, No. 184, dated the 7th instant, and to inform you in reply, with reference to the question therein propounded, that if there are any Revenue duties which the Assistants could perform at out-stations without hind- rance to their business in the Judicial Department, there appears no reason why they should not perform them, and unless the Board are aware of any objection, this may be understood to be the Rule, subject of course to exceptions in particular instances. NO. DCXLVII. TO THE COMMISSIONERS OF REVENUE. * July 4, 1845—No. 13. te I AM directed by the Sudder Board of Revenue to annex, for your infor- Extract para. 322 of the Board's pro- ceedings in the Settlement Department, dated 31st July, 1842. Government Orders thereon, No. 588, dated 5th June, 1843, paras. 3 and 4. , Board to Government, No. 195, dated 6th May, 1845, paras. 13 to 20. mation and guidance, a copy of the corres- pondence noted in the margin, from which you will perceive that the Government have g ruled that when a resumed tenure is partly J.'ſ. º No. 481, dated 12th composed of parcels not exceeding 50 bee- gahs in one Mouzah, such parcels are not to be included in the settlement with the rest of the tenure, but excluded from it. ExTRACT FROM BOARD's PROCEEDINGS, Dated 31st July, 1842. - 322. This is one of the cases which benefits by the 50 Beegah Order—29 beegahs 19 cottahs in Mouzah Rutnyle Chooneassum being excluded from assessment;-but the Government orders on the subject, especially the letter of the 30th March, 1841, para. * The same orders in substance were repeated in 1851. See C. O. 28th January, 1851, No. 4. By Government Orders appended to C. O. 3rd September, 1850, No. 62, Assistants in general may be employed on revenue duties in the interior in the cold-season. Circular, No. 646. June 20, 1845. C J Y- interior of a Dis- trict, having a se- parate charge, to perform such Re- venue duties as they can do, without hindrance to their duties in the Judi- cial Department. No. 647. Misc. DEPT. When resumed tenures are partly composed of par- cels less than 50 beegahs in one Mouzah, such par- cels not to be in- cluded in settle- ment with the rest of the tenure. 3 L 226 CIRCULAR ORDERS, Circular, No. 647. July 4, 1845. Y J 6, indicate that, although exempted from assessment, these small parcels of land are not to be excluded from settlement, and this must be explained to the people, and particu- larly provided for in the engagements taken from the persons settled with. The para. I quote declares that these petty patches are not to be deemed to be for ever exclud- ed from assessment, and that in case of purchase by Government, it may become necessary to assess them. The power to do this can only be retained by retaining the patches referred to as integral parts of the Muhal, which may be done sufficiently by making mention of the land, although unassessed, in the proceedings and peti- tion of settlement, and so including it in the arrangement. This does not involve the necessity of measuring these lands, &c. &c. but where the Taidad shows it, or the Settling Officer becomes aware of the fact that such parcel or parcels of land do, as in the case now before us exist, expressions, such as are used in para. 5 of the Deputy Collector’s report, should be carefully avoided; and where the error has occurred, it should be rectified. The assessment is moderate, and the settlement including Arazee Mouzah Rutnyle Chooneassun, is unobjectionable. EXTRACT PARAS. 3 AND 4 FROM GOVERNMENT ORDERS. No. 588, dated 5th June, 1843. No. ; Para. 3. The objection which occurs to his Honor against the ... 755 proposal of the Board to include in the settlement arrangement of these Lakhiraj Muhals, the portions exempted under the 50 beegah Order is this, that the exempted portion so included, would always beliable to sale for balances in which they were not concerned. Where the whole Muhal including both the assessed and ex- empted portions belonged to the same parties, the injury which such a sale yould inflict would not be so great as in the more numerous cases in which the owners were different, but the spirit of the 50 beegah Order would be equally infringed in both cases; for if the Muhal were bought by an individual at public auction, he would be fully entitled to levy a jumma upon every part of it, and the exemption declared by Government in favor of certain portions of it would thus be entirely set aside. 4. The correspondence of 1841 to which the Board allude, did not relate to the purchase by Government of the Lakhiraj Muhal itself, but to the purchase of the Ze- mindaree within which the Muhal might be situated. In the case of the purchase of a Zemindaree it was suggested by the Board that it might hereafter sometimes be proper to assess lands now exempted from assessment under the 50 beegah Order. But this could not in any case be done by the Government as Zemindar, because the lands in question though exempted by Government from the payment of revenue, would yet be always of the kind mentioned in Section VII. Regulation XIX. of 1793, viz. portions of “ land exceeding one hundred beegahs of the measurement that may prevail in the Pergunnah wherein it may be situated, and whether lying in one village, or in two or more villages, and alienated by any one grant made previous to 1st December, 1790.” The Government therefore coming in as purchaser of the Zemindaree, could only assess these lands as Government and not as Zemindar. SUDDER BOARD OF REVENUE. 227 But if, as the Board now suggest, these exempted lands were included in the settle- Circular, No. 647. ment arrangement of the resumed Lakhiraj Muhal to which they appertained, they U July 4, 1845. –) could never afterwards be assessed at all by the Government when coming in as -Y- purchaser of the Zemindaree within which they might be situated, for then they would be part and parcel of a Muhal already settled with Government. EXTRACT FROM A LETTER FROM THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERN. MENT OF BENGAL, IN THE REVENUE DEPARTMENT. Dated 6th May, 1845, No. 195. Para. 13. I am desired to take this opportunity of noticing the objections made in paras. 3 and 4 of Mr. Halliday’s letter of the 5th June, 1843, No. 588, against the proposal of the Board to include, as a general rule, in the settlement of Resumed Muhals, the parcels exempted from assessment under the 50 beegah Order of the 26th January, 1841. 14. In para. 8 of their letter of the 13th March, 1841, No. 152, the former Board observed that they presumed it was not intended that such parcels were to be formally recognized as exempted from assessment, for in the event of the Muhals in which they exist coming into the possession of Government, it would probably be found necessary for the maintenance of the Government jumma that they should be brought under assessment, as there was reason to believe that Taidads of this nature were fraudulently given in to a very large extent for the very purpose of enabling the Zemindars to retain possession, as Lakhiraj, of portions of their Mal land, in the event of their Estates being sold for arrears. In these views the Go- vernment concurred. Wide para. 6 of your letter of the 30th of the same month, No. 512. 15. Subsequently the Junior Member, Mr. Lowis, in submitting some Rajshahee settlements for the orders of Government with the Board’s letter of the 30th July, 1842, No. 84, conceiving the Muhals referred to in the above correspondence to be phe Lakhiraj Muhals to which the petty parcels under 50 beegahs in one Mouzah might belong, and not the Mal Zemindarees within which they might chance to lie, pointed out that the power to assess such parcels in the event of the parent La- khiraj Estate being purchased by Government, could only be retained by retaining the parcels in question as integral parts of the parent Estate, which might be done by including them in the settlement, although not assessing them, just as unassess- ed waste land continues an integral part of the Estate to which it appertains. 16. Your letter under notice explains, that it was not the purchase of the Lakhiraj Muhal, but a Mal Zemindaree which might comprise the exempted por- tions of a Lakhiraj Muhal, that was contemplated in the former correspondence. This places the question in a different light altogether from that supposed by Mr. Lowis, for of course, if the unassessed parcels were included in the settlement of the Lakhiraj Muhal, they could never afterwards be assessed in the event of Go- 228 CIRCULAR ORDERS, Circular, No. 647. July 4, 1845. \ –) vernment becoming the purchaser of the Zemindaree within which they might chance to lie. 17. The present Board are, however, disposed to doubt the soundness of the views on this head expressed by the former Board, for it follows from them that the mere non-assessment of the small parcels spoken of, detaches them from being part and parcel of a Muhal already settled,—which is not the case, and their actual recognition and resumption now as part and parcel of Lakhiraj Estates appear to forbid that at some future time they may be arbitrarily treated as distinct holdings, or as appertaining to Mal Zemindarees. But supposing the legality of the proposed course of procedure to be established, the Board are doubtful whether it would be of any practical benefit; because at a future, and it may be distant period, it would be exceedingly difficult to identify the parcels for which the Government now de- cline to institute resumption proceedings, or for which, being resumed, they post- pone sueing out complete execution. 18. The Board remark, also, that the 50 beegah Order is understood by the public, as the Board believe, to convey a final and formal exemption from assess ment of Lakhiraj parcels not exceeding 50 beegahs in one Mouzah, which had not been resumed on the 26th of January, 1841, or which having been resumed, had not been settled prior to that date. It is needless to say that this impression does not tally with the prospective swallowing up of such parcels by the Government, when it chances to become the Zemindar. To maintain any lien of this kind over these lands would materially depreciate their value, while the Revenue would derive no additional security of any real importance from the measure. It appears to the Board, therefore, that such a practice would be hurtful, as well as useless, and al- together at variance with the liberal spirit which has ruled all questions relating to the enforcement of the Resumption Law. It is true, as the former Board observed, that the Zemindars made up Lakhiraj Muhals upon which to fall back in case of a sale of their Zemindarees, but it is certain that they did not content themselves with so appropriating only small bits under 50 beegahs, and the proposed practice would prove no antidote to such frauds. § 19. The argument put in the 3rd para. of your letter under notice would also seem to militate against the spirit of the 50 beegah Order as the Board have hither- to understood it, for it implies that the boon was not intended for the common benefit of all the sharers in a Lakhiraj Muhal, of which any portion might be com- posed of parcels of 50 beegahs or less in one Mouzah, but only of the holders of one or more of such parcels. The Junior Member's proposal was that such portions should continue, although unassessed, by being included in the settlement, to be parts and parcels of the resumed tenures, just as khanabaree, and neej-jote, or uncul- tivated waste lands are of Estates of the Decennial Settlement, and this would have given, as the Board supposed was intended by the 50 beegah Order, all the brother- hood of Lakhirajdars some of the benefit, or a chance of some of the benefit, of the Government bounty. But according to the views expressed in the 3rd para. of SUD DEIR IBOARD OF REVENUE. 229 your letter, it would seem that such was not intended to be the effect of the Order. For example, if one parcel of 90 beegahs, and two of 45 beegahs each, all in differ- ent Mouzahs, were all possessed by one Lakhirajdar, the proposal of continuing to consider the three as one Muhal, (although only the 90 beegahs are.assessed) would not, it is stated, be of much consequence—but if one of two brothers possessed the 90 beegahs parcel, and the other possessed the two of 45 beegahs each, then it would be a remarkable deviation from the Government intention, as it is implied, not to make the one brother pay the whole and the other none at all. 20. To obviate such a result, as well as upon the considerations previously set forth, the Board would recommend that it be held under the 50 beegah Order, that when a resumed tenure is partly composed of parcels not exceeding 50 beegahs in one Mouzah, such parcels be included in the settlement of the tenure, but exempted from specific assessment—and that all rent-free tenures entirely composed of par- cels not exceeding 50 beegahs in one Mouzah, whether resumed or untried, be de- clared finally exempt from assessment. O EXTRACT PARA. 3D, FROM A LETTER FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BEN GAL, TO THE OFFICIATING SECRETARY TO THE SUl)]DER BOAR]) OF REVENUE. No. 481, dated 12th June, 1845. In the last paragraphs of your letter under reply, occasion has been taken to re-agitate a question of some intricacy, connected with the settlement of resumed Lakhiraj Estates composed in part of parcels of land exempt under the 50 beegah Order from assessment. On this subject, after much careful consideration, and in “accordance with the views of the Board as it was constituted in 1841, the Government gave a final decision on the 5th June, 1843, with which it is not thought advisable by his Excellency to interfere. NO. DCXLVIII. TO THE COMMISSIONERS OF REVENUE. July 11, 1845.-No. 14. I AM directed by the Sudder Board of Revenue to transmit for your infor- mation and guidance a copy of a letter No. 384, dated the 10th of May, from Under Secretary Mr. Beadon, and of its enclosure, from which you will perceive that the Supreme Government have been pleased to sanction the payment of fees to the Government Agent at the Court of the Special Com- missioner at the Presidency, in Resumption Appeals decreed in favor of Government, upon the principle of calculation, and according to the graduat- Circular, No. 647. July 4, 1845. Q- J No. 648. Misc. DEPT. New Rule for cal- culating and pay- ing fees due to Go- Vernment Pleaders at Courts of Special Commissioner and Sudder Dewanee. 3 M 230 CIRCULAR ORDERS, Circular, No. 648. July 11, 1845. U Y / ed scale laid down in the annexed extract (paras. 3 to 7.) from the Board's letter to Government No. 3, dated the 23rd January last. 2. It will be observed that these orders are to take effect from the date on which Mr. Alexander assumed charge of the office of Solicitor to the Government of Bengal, viz. the 1st August, 1844, and they will be found to No. 10, dated 5th February, 1830; No. supersede the Board's several Circulars noted 72, dated 22nd August, 1837; No. 243, tº dated 6th November, 1838. on the margin. 3. To enable the Government Agent (Moonshee Ameer Ally) duly to recover his fees, it has been arranged that he is to receive from the Special Commissioner at the Presidency, a certificate under his signature, either showing the amount, or affording the means of calculating the amount, to which he may be entitled in each case of appeal successfully conducted, and you are requested, upon being furnished by the Government Agent with such certificate and his receipt,” to instruct the Collector to remit” the certified amount, or an amount calculated according to the certificate, to the Govern- ment Agent without delay by a draft on the General Treasury, holding the disbursement in inefficient balance until it has been sanctioned by the Board as a Law-charge under the 27th Rule of Practice, for which purpose you will submit an English Bill in duplicate in each case, the original of which will be returned to you, after countersignature, for transmission by the Collector to the Civil Auditor as a voucher to support the disbursement. A letter need not be forwarded with the Bill, but it must be accompanied b% the Special Commissioner's certificate, and when the fees are not specified in this latter document, must exhibit clearly the calculation by which the amount charged has been arrived at. 4. The Board desire me also to take this opportunity of requesting, with reference to their Circular No. 31, dated the 24th August, 1840, that, precisely the above course of procedure may be observed in respect to the fees payable to the Government Pleader at the Sudder Dewanee Adawlut, under certificates from the Register of that Court. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THIE SUDDER BOARD OF REVENUE. No. 384, dated 10th May, 1845. In reply to your letter No. 3, of the 23rd January last with enclosure, I have the honor to transmit for the Board’s information, the accompanying copy of a let- * This Rule, and the Rule in the following para., have been modified to the extent of requiring the Board’s previous sanction.—See C. O. 26th June, 1846, No. 17. The forms of Bills are provided for by C. O. 15th Dec , 1845, No. 23. SUD DER BOARD OF RIEVENUE. 231 ter from the Secretary to the Government of India, Home Department, No. 347, Circular, No. 648. dated the 3d instant, sanctioning the proposed remuneration to Ameer Ally, the U July 1 1, 1845. Government Pleader in the Court of the Special Commissioner at the Presidency. Y- 2. The Order will take effect from the date in which Mr. Alexander assumed charge of the office of Solicitor to the Government of Bengal. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, TO THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL. No. 347, dated 3d May, 1845. I am directed to acknowledge the receipt of your letter No. 114, dated the 5th February last with enclosures, and in reply to state that under the recommendation of the Right Hon’ble the Governor of Bengal, the Governor General in Council is pleased to sanction the remuneration proposed for the Government Pleader at the Court of the Presidency Special Commissioner, viz. a salary of Rs. 150 a month and fees on suits successfully conducted, according to the scale laid down in paras. 4 to 7 of the Sudder Board’s letter, dated the 3d J anuary, 1845. EXTRACT OF A LETTER FROM THE OFFICIATING SECRETARY TO THE • SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERN- MENT OF BENGAL, REVENUE DEPARTMENT. No. 3, dated 3d January, 1845. 3. In respect to the fees to be awarded in cases decreed in favor of Government, the Board would recommend that the following Rules be adopted in modification of those sanctioned by the orders of Government, dated 21st August, 1828. 4. In place of calculating the fees in cases of land heretofore held free of rent and churs, on the full amount of the annual assessment at which such lands may be settled in execution of the Special Commissioner’s deeree,_a process which necessi- tates the postponement of the calculation indefinitely,–the value of the lands in *litigation to be fixed upon the principle observed in Civil Suits for land paying Re- venue to Government, viz. the lands to be rated all round at a low average, say for rent-free lands 6 annas, and chur lands 3 annas per acre, to find the Revenue, vide Clause I. section xiv. Regula- and this product multiplied by three to give tion I. of 18 l4. the value. * 5. That upon the value so determined, of suits successfully pleaded, fees be allowed on the graduated scale fixed by Section XXV. Regulation XXVII, of 1814, for the Vakeels of the Civil Courts, as follows:— If the value shall not exceed 5,000 Sicca Rupees.*, 5 per cent. * In practice it has not been deemed necessary to take any account of the difference between the old and the new currency. The Rules are a quotation from the Regulation, at which time the cur- rency in use was the Sicca Rupee. 232 CIRCULAR ORDERS, Circular, No. 648. July 1 1, 1845. |- J -Y- No. 649. Misc. DEPT. Government Offi- cers proceeding on public duty, exempt from payment of Ferry Tolls. If the value shall exceed 5,000 Sicca Rupees, and shall not exceed 20,000 Sicca Rs., on 5,000 as above, and on the remainder, 2 per cent. If the value shall exceed 20,000 Sicca Rs., and shall not exceed 50,000 Sicca. Rs., on 20,000 as above, and on the remainder, 1 per cent. - If the value shall exceed 50,000 Sicca Rs., and shall not exceed 80,000 Sicca Rs., on 50,000 as above, and on the remainder, 8 annas per cent. If the value shall exceed 80,000 Sicca Rs., the fee to the Pleader shall he 1,000 Rupees, and shall in no instance exceed that sum, however great may be the value of the suit. 6. In all the preceding calculations, when the value may be in fractions of Rupees, such fractions to be rejected in calculating the fees thereupon. 7. In cases of lands heretofore held at an inadequate jumma, the same Rules to be observed, excepting that the Revenue already derived from the lands is to be deducted in computing the value of the suit. NO. DCXLIX. TO THE COMMISSIONERS OF REVENUE. July 25, 1845—No. 15. - | AM directed by the Sudder Board of Revenue to transmit for your information and for communication to the Officers subordinate to you, the accompanying copies of a letter from the Government of Bengal, No. 1307, dated the 9th instant, and of its annexed letter No. 459, dated the 48th ultimo, from the Supreme Government, exempting all Officers of Govern- ment from the payment of Ferry Tolls when proceeding on the public service. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENG AL, TO THE OFFICIATING SECRETARY, SUDDER BOARD OF REVENUE. No. 1307, dated 9th July, 1845. I am directed to forward for communication to the Officers subordinate to the Sudder Board, the accompanying copy of a letter No. 459, of the 28th ultimo, from the Under Secretary to the Government of India, in the Home Department, exempt- ing all Government Officers from the payment of Ferry Tolls when proceeding on the public service. 2. The Revenue Authorities in the Extra Regulation Provinces will be furnish- ed with these instructions direct from this Office. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, TO THE UNDER SECRETARY TO THE GOVERNMENT OF 13EN GAL. No. 459, dated 28th June, 1845. I am directed to acknowledge the receipt of your letter No. 981, dated the 28th ultimo, with its enclosures, and in reply to state for the information of the Right SUDDER BOARD OF RIEVENUE. 233 Hon’ble the Governor of Bengal, that the Governor General in Council approves of the proposition submitted by Mr. Dampier, Superintendent of Police, Lower Trovinces, and authorizes that all Officers of Government be exempted from the payment of Ferry Tolls within the Divisions to which they may belong when they are moving in those Divisions on the public service, and any Officer not entitled to exemption under this definition of the Rule who may prefer a claim to exemption based on the principles which the Rule is intended to establish, will refer his claim for special consideration and orders to the Department to which he belongs. NO. DCL. TO THE COMMISSIONERS OF REVENUE. August 18, 1845.-No. 16. THE attention of the Right Hon’ble the Governor of Bengal having been attracted to the small number of decisions passed during the quarter ending with April last, in proportion to the number of cases pending, under Regula- tions II. of 1819 and III. of 1828; I am directed by the Sudder Board of Revenue to request that you will impress upon the several Collectors and Deputy Collectors subordinate to you, the earnest desire of the Government to bring the harassing operations under the Resumption Laws to a close. º J} NO. DCLI. TO THE COMMISSIONERS OF REVENUE. J) August 19, 1845.-No. 17. THE substance of the several Returns made by the Local Authorities to the Circular of the Sudder Board of Revenue, No. 10, dated the 29th June, 1844,” having been submitted for the consideration and orders of the Right Hon’ble the Governor of Bengal, I am directed by the Board to annex for your information and for communication to your subordinates, a copy of a letter from the Under Secretary to the Government of Bengal, in the Judicial Department, No. 1361, dated the 30th ultimo, modifying the orders of Government of the 29th August, 1839, on the subject of the travelling allowance to be drawn by public Ministerial Officers. * Omitted in this compilation, being merely a call for report. Circular, No. 649. July 25, 1845. \– No. 650. Misc. DEPT. Injunction to bring Resumption operations to a close. 2 No. 651. Misc. DEPT. Modification of G. O. 29th Augt. 1839, regulating rate of travelling allowance to Minis- terial Officers. 3 N 234 CIRCULAR ORDERS, Circular, No. 651. Aug. 19. 1845. C ) -Y No. 652. MISC. DEPT. The latest date in Sept. falling during Civil Court holidays, notifica- tion prescribed by Section 6, Act I. of 1845, not to be affixed in Judge's Court till opening of Court. No. 653. Misc. DEPT. Securities pledg- ed to Government for performance of official duties, to be deposited in General Treasury. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 1361, dated 30th July, 1845. to With reference to your letter No. 104, of the 14th March last, I am directed to state for the information of the Board, that the Government have been pleased, in modification of the Orders of 29th August, 1839, to authorize travelling allow- ance to Ministerial Officers when required to accompany their Superiors by dawk, at the rate of 4 annas per mile, and during halts at the rate authorized by the above Orders, viz. ſº of their respective salaries. In other respects the Orders of the 29th August, 1839, are to continue in force. 2. The Board are requested to issue a Circular to the above effect for the in- formation of the Officers subordinate to them. . No. DCLII. TO THE COMMISSIONERS OF REVENUE. August 23, 1845.-No. 18.* THE 28th of September next being one of the latest dates for the pay- ment of arrears of Revenue under Act I. of 1845, I am directed by the Sud- der Board of Revenue to caution you that, as the Civil Courts will be closed from Saturday the 27th September to Saturday the 1st November next, both days inclusive, on account of the Dusserah vacation including the Mo- halaya and Eed-ul-Fitr, it may not be safe in Law, and will not therefore Vide Sec. 6 Act I. of 1845. be advisable, to issue the notification to be affixed in the Court of the Judge of the District until the opening of the Courts on Monday the 3rd of November. NO. DCLIII. TO THE COMMISSIONERS OF REVENUE. September 22, 1845.-No. 19. AM directed by the Sudder Board of Revenue to transmit herewith for your information, and for communication to the Authorities subordinate to you, the accompanying copy of an extract from the proceedings of the Right Hon’ble the Governor of Bengal, No. 2286, under date the 3rd instant, * Though this Circular has reference to a particular becasion, it is inserted here, as involving a rule, generally applicable, in regard to postponement of sale notices under Section 6, in the Judges’ Courts. till the opening of the Courts after holidays. suppER BOARD OF REVENUE. 235 directing the deposit, in the General' Treasury, of all securities pledged to Government for the performance of official duties. EXTRACT FROM THE PROCEEDINGS OF THE RIGHT HON’BLE THE GOVERNOR OF BENGAL, UNDER DATE THE 3D SEPTEMBER, 1845, No. 2286. LETTER FROM THE SECRETARY TO THE GOVERNMENT OF INDIA, IN THE FINANCIAL DEPARTMENT, To THE SUB-TREASURER. Dated 26th July, 1845, No. 1399. I have the honor to acknowledge the receipt of your letter No. 96, dated the 17th instant, giving cover to a copy of correspondence between the Collector of Sea Customs in Calcutta and yourself, on a proposition to you by the Collector, to re- ceive into deposit in the General Treasury, the securities for the subordinate Offi- cers of the Custom House. 2. In reply, I am directed to inform you that the Governor General in Coun- cil is not prepared to admit of any distinction between securities granted to the Government direct by heads of Offices, and securities made over to heads of Offices by their subordinate Officers as guarantee for the due performance of their official duties: in either case the security is equally pledged to the Government, whether directly or indirectly, for the efficiency of the public service, and the Government being liable to the pledger for the safety of his deposit, if made in public securities, is equally interested in ensuring that these securities shall be in safe custody, and shall not be liable to loss or misappropriation. , 3. It is obvious that a Promissory Note of the public Debt, endorsed into the name of a public Officer by his subordinate, and lodged with him, is not, as regards the Government, so absolutely safe as it would be, if, continuing in the name of the superior public Officer, it was lodged in the hands of a third party responsible for its safe custody to the Government, but having no power whatever over its disposal by endorsement. It is moreover more convenient that securities pledged to the Government, should be collected together in one Office at the Presidency than spread over the country, without any sufficient check over their genuineness and the regularity of their endorsements. 4. In this view of the case, the Governor General in Council is of opinion that as a general Rule, all public securities lodged with the Government or with Government Officers as guarantee for the due performance of official duties, ought to be deposited for safe custody with the Sub-Treasurer of the General Treasury; that deposits made by heads of Offices direct to the Government, should be endorsed over to the Secretary to the Government in the Department concerned; and that deposits made by subordinate Officers should be endorsed over to the official head of the Department or Office concerned, and that being lodged in the General Trea- sury thus endorsed, such securities should be returnable only under an official Circular, No. 653. Sept. 22, 1845. \ Y- J 236 CIRCULAR ORDERS, Circular, No. 653. Sept. 22, 1845. Y \ No. 654. MISC. DEPT. Preliminary re- port from Collec- tor to Commis- sioner, with a view to the determina- tion of the point whether a Butwar- rah can legally be made. order from the Secretary to the Government in the Department to which the de- positor belongs. 5. Under these circumstances it will of course be necessary, if with the per- mission of Governmentº the parties should so desire it, that you should draw the interest accruing on the securities in your custody, and pay it over to the Officer concerned in cash, if in Calcutta, or by bill of the Revenue Treasury of the District, if the deposit is for the due performance of duty in the Mofussil. 6. In this general Rule it is not intended to include securities deposited with public Officers for Revenue or Judicial purposes, or for the performance of any ordinary contract for supplies, as such securities are necessarily returnable at uncertain periods on the completion of the contract or obligation, and would be inconveniently encumbered by forms which are sufficiently applicable to a compara- tively permanent deposit for the faithful discharge of public duty, and for security against loss of Government property. Ordered that a copy of the foregoing letter be transmitted to the Military Department and to the Bengal Office, for information and guidance. NO. DCLIV. TO THE COMMISSIONERS OF REVENUE. November 11, 1845.-No. 22. THE Sudder Board of Revenue having reason to believe that in Buftwar- rah cases, no proper preliminary report under Clause I. Section IV. Regula- tion XIX. of 1814 is furnished by Collectors to the Commissioner, direct me to point out to you the great importance of having a clear history of the Estate to be partitioned before you at the time you authorize the Butwarrah to be commenced, in order that you may, in the first instance, fully satisfy. yourself that the measure can legally and unobjectionably be allowed, to which end you cannot do better than require the Collector to furnish you in each case with a statement similar to that enjoined in the late Board's Circular of the 27th January, 1826, No. 378, a copy of which, and of the form of the statement in question, is annexed for your guidance. CIRCULAR OF LATE BOARD OF REVENUE. No. 378. Dated 27th January, 1826, addressed to Collectors. I am directed to transmit to you the accompanying copy of a form, which the Board desire you will invariably observe on reporting the deputation of an Ameen * The interest may be drawn on the requisition of Public Officers without special sanction from Government.—See C. O. 22nd May, 1846. No. 13. § O ºv to make a division of an Estate, submitting at the same time copies of the applications for the partition, and copies of any petitions of objections which may have been offered, together with a copy of your final orders in the casc. 2. In the column for remarks, you will also %nter the substance of any objections offered, or any information that may appear to you useful or necessary, for the Board’s consideration. FORM 4. To be observed by Collectors on reporting to the Board the appointment of an Ameen to make a division of an Estate. ſ 1 2 3 4 5 6 7 8 9 10 11 c Dates of correspon- 3 * : • ** denceshewing allin- Shares into which '#'; º Name of Mahal and . ... ***'. ### 5 § Name of Registered Sudder Jumma at the period tº t, should i. Petitioner's F.". i. iv, . i. period .. 5 3 o * }| Muhal. Proprietors. Jumma. of Decennial Settle- ement, any Ilºiſ06. state, with allowed for 5 Eº Remarks ‘s “so ment portions have been the names of the the divi- ºn 3 -: e : 3 tº separated or annex- respective pro- || sion, ... 324 ź ed under Regulation prietois. 3 #. g XLVIII. of 1793. 3 ## ºw Sa. Rs. A.G. Sa. Rs |A.G. ..] G. É # 238 Ukburpoor Mahomed 5,320 | 8 || 0 |Ukburpoor, 21,282 0 || 0 |Board's Orders of Mahomed Mahomed 2|10| Mahomed ... à Pergunnah, Ummee, 25th Sept. 1801, Ummee, Sheikh Ummee, 0 Eesuf, j 246|| 6 || 1 # 8 4 as. Sheikh confirming the But- Doomun, Ully | Sheikh # 8 łº, warrah of Ukbur- | Nawaz. Doomun, 1 || 0 is y Newaz. poor Pergunnah, Ully º .5.7. into 6 as. and 10 as. Newaz. } 0 | 10.Three months. +: # P-> $- *ms sº º: lº Board’s Orders of Total, . . . 4 || 0 ... 3 18th Augt. 1806, * 5 § confirming the But- warrah of Ukbur- poor Pergunnah, 6 as, into 4 as, and 2 as. r- < : | t 238 CIRCULAR ORDERS, To THE COMMISSIONERS OF REVENUE. No. 655. December 15, 1845.—No. 23. MISC. DEPT. sº 8. tºº. WITH reference to Circular No. 14, of the 11th July last, I am directed Government plead. by the Sudder Board of Revenue to request that all bills of fees payable to º º the Government Agent at the Presidency Special Commissioner's Court may Sudder Courts. be drawn out in duplicate, in one or other of the annexed forms Nos. 1 and 2, according as the amount may or may not be specified in the Special f Commissioner's certificate. - - 2. The Collector will invariably show the computation of conversion from the local measurement into acres in the column for remarks, and the certificate of correctness must be signed both by that Officer and yourself. O 3. Bills of fees payable to the Government Pleader at the Sudder Dewanny Adawlut may be drawn out, mutatis mutandis, in form No. 1. 4. Collectors will be good enough to supply themselves with litho- graphed impressions of these forms for use. No. 1. In the Resumption suit of — versus sºmº O To fees payable to the Government Agent at the Presidency Special Coyamis- sioner’s Court in the above suit, as per accompanying certificate of the Special Commissioner — Rupees — Annas — Pie. A. B. Collector. § vºy No. 2. Bill offees due to the Government Agent at the Presidency Special Commissioner's Court in the undermentioned Resumption suits decreed in favour of Government, calculated/upon the principle, and according to the graduated scale, laid down in ea tract paras. 3 to 7 of a letter No. 3, dated the 3rd of January, 1845, from the Sudder Board of Revenue to Government, circu- lated to Commissioners of Revenue with their letter No. 14 of the llth of July following. l 2 3 4 5 6 7 8 9 10 p=0 &l- Cº- ; : ####| |'s 3.5 § 3 : . E 3 # 5 . * * * := 3 * 5, #3, g : * * § 3 ; + 3 as Tº e + 3 + 3– ſº *t e ºf ~3 do -e ā # # ă ă ă ă ; : 3 # , § { § +: ; 3 Number : ; ; # = 3 §§ § ; : . ... à 5 § *º- ... ; ; ; © 'E - 4–3 ſº --> &l-t of Name of Muhal and ~ a Ca ſ: # 3. £3 F #, g; # g; ; O # ### &- A Pergunnah. ‘5.5 § ‘s “H 3 - || 3 + ... 3 "c ºc ºn 3 ... E." -3 $o 29 - 80 Remarks. ppeal. : 5 * = | g : 3 & 3 # 3 & 3 * ~ : $ + 3 g : † : : # 5 # s = | # 5 g #| : * = 3 as # 3 + gº 5 §5 - * § 3 ; 5 §3 : P. B as 92 ...— B tº 3 d) --> GD Q} * : 3 § 3 ; E E | = 3 # 3 || 3 3 F = 5 & 3. C 9 : E = 24 so H 2: So “g ºf 3 ºn 5 to $ 7.5 2, is co O * 5 H 5 § E S & 3 ſº Fº ſº ſº P- P- 31st January of each year. 31st October. 31st October. 30th November. 30th September. ~ EXTRACT FROM A LETTER FROM THE HON’BLE THE COURT OF DIREC- TORS, ADDRESSED TO THE GOVERNMENT OF INDIA, IN THE FINAN- CIAL DEPARTMENT, No. 18, DATED 23RD SEPTEMBER, 1845. Bengal. North Western Provinces. 1. In the Statement of Statement of •re; Actual Receipts Regular Actual Receipts Regular margin are and Disbursements. Estimate. and Disbursements. Estimate. exhibited the 1835-36 21st May, 1838. 24th April, 1837. 30th Oct. 1839. { } 1836-37 8th June, 1839. 19th May, 1838. 28th Feb. 1839. dates at which 1837-38 24th Feb. 1840. 13th April, 1839. 21st Sept. 1839. * wº iš. iii. º. º. º. is." |3}, i. º. 8th Feb. 1840. the several Fi- 1839-40 11th Dec. 1841. 14th Dec. 1840. 7th July, 1841. 5th Dec, 1840. nancial State- 1840-41 13th Jan. 1843. 11th Feb. 1842. 15th Nov. 1842. 11th Oct. 184 l. 1841-42 lith Dec. 1843. 12th April, 1843. 11th June, 1844. 10th March, 1843. ments of the 1842-43 llth Nov. 1844. 13th March, 1844. 17th Feb. 1845. 11th June, 1844. g išić. Nj. jś. jū. ișā, jiàº. Presidengy of 1844-45 Not yet received. 16th May, 1845. Not yet received. Bengal and the Statement of Quick and Dead Stock. Bengal. N. W. Provinces. 30th April, 1836. 15th July, 1839. May, 1838. y 9 1837. 18th Augt. 1840. 13th March, 1839. j 9 1838. 13th May, 1841. Feb. 1840. y 9 1839. 23rd Augt. 1842. 11th Dec. 1840. 3 y 1840. 9th Augt. 1843. 18th Jan. 1842. } ) 1841. 12th July, 1844. 18th Jan. 1843. y y 1842. 26th Augt. 1845. 15th April, 1844. y 9 1843. Not yet received. 29th April, 1845. 2 y 1844. Not yet received. Not yet received. On 30th April 1835 and 30th April, 1836. y 9 1836 5 y 1837. 17th Augt. 1840. 9 y 1837 } % 1838. 31st March, 1841. y y 1838 93 1839. 19th Jan. 1842. 9 y 1839 * 9 1840. 17th March, 1843. y y 1840 } % 1841. 14th Nov. 1843. 5 y 1841 ? p. 1842. 11th Dec. 1843. 9 ) 1842 9 p 1843. l l th Nov. 1844. y y 1843 y y 1844. Not yet received. Comparative Statement of Bengal Debt. 12th April, 1839. North Western Provinces have been received by us, commencing With those relating to the year 1835–36. O The importance of our being supplied with early and ample in- formation regarding Indian Fi. nance must be evident to you, and we desire that you take into your immediate consideration the adoption of such measures as may enable you in future to furnish us with the similar statements at an earlier period than that which has hitherto been the custom. SUDDER BOARD OF RIEVENUE. 259 FROM THE SECRETARY TO THE GOVERNMENT OF INDIA, TO THE AC.' COUNTANT TO THE GOVERNMENT OF BEN GAL. No. 302, dated 21st August, 1846. I am directed to acknowledge the receipt of your letter No. 17, of the 12th instant, giving cover to a Memorandum of Returns due to the several branches of your office on the 31st ultimo, and with reference to the two instances moted in the Singapore Cash Account for March and margin, of delay in the receipt by you of ac- April, 1846. © º: † ill on, g º Mongº Post office Account from Feb- counts of the Resident Councillor at Singapore ruary to April. and the Post Master at Monghyr, to request that in every instance of delay in the receipt of the Returns due to you from Officers under the control of the Government of Bengal that you apprehend will compel you to postpone closing your Departmental Accounts of Receipts and Disbursements beyond the dates fixed for their completion, you will be good enough to report to the Secretary to the Government of Bengal the fact of such delay and its antici- pated effect upon your own Accounts, in order that the Government of Bengal may adopt effectual measures to put you in timely possession of the required Returns. NO. DCLXXVI. O TO THE COMMISSIONERS OF REVENUE. • September 21, 1846.-No. 26.” | AM now directed by the Sudder Board of Revenue to inform you, with reference to their Circular letter No. 14, f of the 30th May-last, that an annual general Report, reviewing the entire Revenue Administration in all its branches, for the year to which it relates, of the several Districts of the Provinces of Bengal, Behar and Orissa, is henceforth to be submitted by the Board to Government, in lieu of the Operation Statements and certain other Returns, which present only a partial and disjointed view of the proceedings of the local Revenue Officers. * Several of the instructions in this Circular have been altered or modified by subsequent orders. See C. O. 4th June, 1847, No. 10; 28th June, 1848, No. 12; and 12th July, 1848, No. 14. By C. O. 14th May, 1850, No. 25, a separate statement of work done by Deputy Collectors is to accompany the Report, and by C. O. 7th June, 1850, No. 33, a statement of measurements by Ameens. t Omitted, being merely an intimation that new forms of annual Returns would shortly be prescribed. Circular, No. 675. Sept. 23, 1846. |-- Y- J No. 676. Misc. DEPT. New forms of annual Returns with detailed in- structions. 260 CIRCULAR ORDERS, Circular, No. 676. Sept. 21, 1846. ~y-- 2. These Reports will commence with the past year 1845–46 and embrace the following subjects: - First.—The Land Revenue collections of the year. Second—The management of Government and Resumed Estates; the progress made in settling them and in disposing of the settlement cases, and the settlement operations in prospect. © Third.—Summary Suits. Fourth.—Resumption Suits. Q? Fifth.-Sales of Estates for the recovery of arrears of the Land Re- Venue aSSeSSInent. Siarth.-Prisoners confined on account of Government demands at the instance of the Revenue Authorities. Seventh.—The miscellaneous and other business not included in any of the foregoing heads, performed in the offices of the several Collectors. Eighth.—The business performed in the offices of the several Commis- sioners. - 3. Another very important section of the duties of the local Revenue Officers is the management of the Government Law-suits in their Depart- ment, but the Superintendent and Remembrancer of Legal Affairs reports specially to the Government on this subject, and it does not therefore require to be included in the Board's review. 4. Most of the materials necessary for the Board's Report exist in their own office, but on the second, third, and seventh heads, they require to be furnished with information from the local Officers. You will be good. eiſough therefore to report upon those heads in connection with tabular statements prepared according to the annexed forms. These will be found to be quite simple in themselves, but to obviate the chance of misapprehension, the Board have added directions to guide you in preparing the statements. It is to be understood that no Returns or Reports whatever of your subordinates are to be submitted. The Report is to be drawn on consultation paper, in the form of a letter from yourself, remarking on the tabular statements in juxta-position with, or immediately following them, as exemplified in the forms. Your remarks are to be made in the order followed in the directions noted on the forms for your guidance, and they are to be confined strictly to the points indicated in those directions, as the statements will exhibit in themselves whatever else is necessary to be known. 5. Forms A. to E. relating to Khas and Resumed Muhals, you will perceive, provide only for the information which it has heretofore been SUDDER BOARD OF RIEVENUE. 261 customary to submit in or with the Operation Statements, and this informa- tion Collectors were instructed to prepare and hold in readiness by the Board's orders of the 30th May, while the Summary Suits statement, and the statement of business performed in the offices of the several Collectors can be immediately compiled from, the District Returns which exist in your own office. Under these circumstances, and as your remarks under the limi- tations which the Board have prescribed, can be easily added, and must necessarily be short, there need be no delay in the submission of your present report. The Board will accordingly look to receive it by the 15th of Novem- ber, at latest, so as to enable them to complete their general Report (now in progress) and submit it to Government before the end of the year. In future they will expect your Report to reach them by the 1st July, that is, in two months after the close of the official year, there being no reason whatever for any greater delay. The value of Returns of this nature depends in a great measure on their early receipt, and the credit of the department is involved in the ability of the Board to lay a report on the Revenue Adminis- tration of the year before the Government, and eventually before the Autho- rities in England, with business-like punctuality. No. 45, dated 3d July, 1838. 6. These orders will be found to super- te ë l , 1 40. :-- * §: ;: i. 3. #: sede the Board's several Circulars noted on No. 14, dated 5th May, 1841. the margin Circular, No. 676. Sept. 21, 1846. U J Y 2 6 CIRCULAR ORDERS, a d Circular, No. 676. Sept. 21, 1846. \ J Y- DIRECTIONS FOR THE PREPARATION OF STATEMENT A. . sejº ‘pathias Aou so * | autunſ lappus alal.I. | •etuumſ 19ppns 19tuloy au.L ‘pathyas u29q 9Abū ūolu A sleuu W pastuound Jo'o N ‘auaua, 84S quasaid aug uſ lego,I. "suolºppe UB40,L “SAeA Iaugo uſ .*-§ resuuound Kqaba Kauas -91d aun up palmbov ‘5upuleuay] S 'Ilia K Jugsaid att, autump 3SII aul UIOIJ pead Vaay! JuaUU ~ || -9484S s, leak asel uſ se * 'uaul Ulody paz!!eal suogoalloo aun uo payetnoſeo ‘seqXI plau saleºsº Jo quauajeueu au, uſ palamouſ sa?:Iblſo Jo 950]uao.12d # |: § # | §§ & 'steak | g? | T | Houlio, Jo Junoooº uo Gº) O ſº º T '99-gf8I go qunoooe uO º Ç E. g-d O o, 5– | 5 | ‘C “aoueteq —- CX Cºo º Jaudoy go qunoooo uO TC O Co '9F-gf8I Jo qunooog UO 7: Ne 3 tº H T. ------ à || 2 | "gf81 ‘Kuw ist out |- ă uo Fupuensino aoueteq | ſº | Aſº '95 sq F8I Jo euunſ # ‘eh “I by O.L # • K ‘Ālū Guluns pal]]as *—s Iuo 10 seqXI paşeue IN e * 99.I.I & AA | C CN Z -40 K.I paſ]19s 10 paseoT i i All Estates whatever, the bomâ fide property of Government up to the date on which the Return closes, are to be included in this Statement—Es- tates finally settled and transferred to the Tow- jee, are not to be deduct- ed;the design of the State- ment being to show the disposition and manage- ment of all Estates, the proprietary right in which belongs to the State. Column 2.—Farms and other cluded during the year, settlements con- are not to be considered as such and entered un- der column 2, unless the leases have taken effect within the year. . . Columns 5 and, 6– Will show the aotual de- mand, settled or estima- ted, according to which the collections are made. Column 14—Will in- clude only eatra charges on account of establish- ment specially entertain- ed for making the col- lections and keeping the accounts, and the percen- tage of the charges is to be calculated only on the collections of those par- ticular Muhals for which the additional expence is incurred—to wit,theabso- lutely unsettled Muhals. SUDDIER BOARD OF RIEVENUE. 263 Column 16*—Will comprize Estates restored to former proprietors and ex- punged as diluviated or untraceable, but mere removals to the Towjee are not, as already observed, to be deducted. Column 19t—Will comprize all new acquisitions within the year, excepting those by purchase, such as churs and escheats. Column 21—Will of course correspond with column 4. Columns 22 to 24–It will be borne in mind that these columns have refer- ence only to such of the purchased Muhals as have been settled. Column 22—Will thus include so many of the Muhals appearing in column 2 as were acquired by purchase. Directions for the Remarks to be made on the Statement. First. Column 6.—If in any District there should be a discrepancy between the balance brought forward in this column, and the corresponding balance shown in the Statement of the previous year, state whether it has been satisfactorily re- conciled by the Collector. y Second. Column 13.—For each District in succession, note first, the amount of the total outstanding balance of this column respectively due from the settled Muhals, (column 2) and the unsettled Muhals (column 3); next—divide the total balance outstanding from the settled Muhals into the following classes, viz.:- Since realized Since remitted Suspended |Bad and irrecoverable } Good and for realization and explain shortly from what cause and under what authority the suspended por- tion has been suspended—why the irrecoverable portion has not been remitted or reported for remission—and why the good balance was not realized. Then divide and explain the total balance outstanding from the unsettled Muhals in the same manner. Third. Column 14.—If in any District the charges of management exceed 15 per cent, on the collections, the cause to be briefly explaimed. Fourth. Column 16.—Total—Give a detail of the total removals from the State- ment for the Division as follows:–Š Diluviated,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Untraceable, &c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total corresponding with total of column 16, * Details as in printed Report for 1846-47, C. O. 28th June, 1848, No. 12, para, 4. t When acquired otherwise than by purchase, mode of acquisition to be specified. See C. Q. 4th June, 1847, No. 10, para. 3. Details as in printed Report for 1846-47, C. O. 28th June, 1848, No. 12, para. 4. t ^ Distribution of total balance both for settled and unsettled Muhals, sufficient. See C. O. 28th June, 1848, No. 12, para 2. § Details as in printed Report for l846-47, C. O. 28th June, 1848, No. 12, para, 4. Circular, No. 676. Sept. 21, 1846. U J Y- CIRCULAR ORDERS, Circular, No. 676. Sept. 21, 1846. \– DIRECTIONS FOR THE PREPARATION of STATEMENT B. + 3 || R. *3 uoua) by S All resumed Muhals -: 3 quesaid out uſ [b]o I, - - - # à g 'leak au) 5ul.Imp | nust remain on the list cº; e - ; : 5, suoſº dunsai Ka pappw – until the settlement is i- --> • G # = 3 |5 Buſuttuta'ſ finally confirmed and £ 35 , = ; # 2 ‘suogonpap (B10T, | they are borne on the qo ºf . e © ### "S3 Slulº) District Rent-roll, or un- &e= Q) o : c CO Jaujo U10.]] paadual e º ow- : ; 5 | T | to leadde up postaa til they are otherwise re- # # = -at suguduunsa.I qompaCI moved from the list un- * | 3: ...? *29ſ AOJ, - O --> º © Ś § 5 ºf | e quotu | competent Authority. § pº ~ -aqn4S s, leak aspſ uſ --- s 'uau, uo.19 pozileo.1 suolº,091100 f Columns 2, 6, 7 and 15. St aq3 uo panelnoteo ‘seqXI plaq * , tº & s sale]sq Jo quauajeueu oug uſ —See the directions giv- º a3.leuo Jo e3eauaola º § minºuſ ºne o smººd |- en for the corresponding Cº. -d p-4 § # |>. # - columns of Statement *S «S H o * | #3; "sleak A. viz. columns 2, 5, 6 Q) *4 i : # sº lauloy Jo quinoooº uC) | and 14. f © Cº. i e - sº º $ | # * |s. i-| Column 18—Will in- •S d > | 9p–gf8I go qunoooo uC) e is ºn | | clude all deductions what- *S - | • s -: 3 T| ever, excepting removals s o, H to the Towjee, which are *** C tº § # |= 'aoueteq Tl to be shown in column § & " | Hauroy Jo qunoooe uO | S. 3 | 17. t - Qu | - C. i o, ‘9F-g}8I. Jo qunoooº uC) | Column 22—Will of ©2 - . o TS —: | | course correspond with •S cº - ... - & CO S É column 5. 'S: ~5 º $ 3 || || 'gf81 ‘Āew as out | : # uo 5utput:3squo 9oubled | ; ſº | ga +. so | "95-gf8 I go buumſ | ſº | o, afº) “IB40,L - | "cº -c # ~! ‘seqxi pažeue W | **** - Ç er) ‘AILeuuns papaaS O 2 s *IIB12p uſ pain,as - o, . .# — gº! 3–s dº *: *: º E- * Two new columns introduced immediately following column 21, viz. column 22, “In other ways,” and column 23, “Total additions.” The last column will then be numbered 24. See c. o. 28th June, 1848, No. 12, para. 3. SUDDER BOARD OF REVENUE. 265 Directions for the Remarks to be made on the Statement. Circular, No. 676. Columns 7, 14* and 15—Follow precisely the directions given for the corre- sep t. 21, 1846. J sponding columns of Statement A. viz. columns 6, 13 and 14. - Y Column 18.—Total—Give a detail of the total removals from the Statement, for the Division under this column as follows:t— Released in appeal, . . . . . . . . . e e s e e s ** * * * * * * * * * * * * * * * * * * * * * * tº º Expunged as being under 100 beegahs and lying within the limits of a permanently assessed Estat; of the Decennial Settlement, Released under the 50-Beegah Order,. . . . . . . . . . . . . . . . . . . . . . . . . . Resumed more than once,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Diluviated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º e º 'º - © - e º e º B e. - º Non-existent or untraceable, &c., . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total corresponding with the total of column 18, . . . . . . . . . . C.—PROGRESS IN SETTLEMENTs.f l 2 3 Government Muhals from Resumed Muhals from State- à Statement A. ment B. q2 . ; ‘s 5 4 5 | 6 7 ~3 5. Settled Leased or set- | Settled sum- | Settled under P .# 3' summarily. tled ryotwar- marily. Regn. 7 of Names of Settling ... a. ree. | S22. Officers. •:- ºw. !-- †- 3– * *: #| 2 3 || Jumma. | 8 || Jumma. | 3 || Jumma. | 3 || Jumma. *S #| # 5 5 ă 5 > |C Z. Z. Z. 2. r * } - Total,. . . . . . . . { Total,.. C O C e º 0. Total,. . . . . . . . Total,. . . . . . . . Grand Total,. . . . . . . . * Distribution of total balance for both settled and unsettled Muhals sufficient. See C. O. 28th June, 1848, No. 12, para. 2. f Details as in printed Report for 1846-47. Idem, para. 4: so also with respect to new column 22. † Form varied. See C. O. 28th June, 1848, No. 12, para. 5. 3 X 266 CIRCULAR ORDERS, Circular, No. 676. Sept. 21, 1846. \ J Y. Directions for the preparation of the Statement. Column 2—Will contain the names of only those Officers who actually effect- ed any settlements during the year. * * Columns 4 and 6—Will of course include only summary arrangements running from year to year pending a regular settlement. Columns 5 and 7—Will include all regular settlements (whether temporary or permanent) as distinct from summary arrangements. Directions for the Remarks to be made on the Statement. For each District in succession, remark on the sufficiency or otherwise of the work performed, and give a brief opinion as to the merits+ not only of the Officers whose names may appear on the Statement, but of all the subordinate Revenue Offi- cers, covenanted and uncovenanted, in every department employed in each District. D.—STATE As REGARDS SETTLEMENT OF ALL THE GOVERNMENT AND RESUMED MUHALS ExFIIBITED IN STATEMENTS A AND B RESPEC- TIVELY. — l 2 3 4 5 6 Progress made in disposing of settlement cases > | E 3 bſ) State of the during the year from 1st May, 1845, to 30th # E 5 § .5 settlements April, 1846. . . tº cº - w # * : ||. 5 w tº gº Collector or Su- Deputy Collec- at 23 Q2 || 3 Ö g- Commissioner. g 5 § 3 ; ; * Tes perintendent. to T. o, .93 ± 3 ºff : - - Tº: Q) Q) Gl) Q) QX d) º: # * >, < 3 -d Q2 C 3 . |-|3 + e = |+. +: --> -d QX -- *|| --> wº --> ç (L) *s $º <-2 ; : | . . ** & c * ºf so" 3 | * 3 E 5 * | *p & | 3 |< | bo * | *- bſo >. ep 3 * | * : Gº | S % º +. £, 3 || 3 || || 3 |o ||= ; o * º, 5 # 3 | f : *| sº | ##| 3 |# - || 3 ||= | 3 || |*|-e ‘E | * = | = O := a + · · · · · ·, = F | 5 .* | * | 5 || 3 || 9 || 3 ||3 q2 | c | 3 3-4 : 5 tº +: • -, -, 3 QX | . ~~ 80's Q) * |+| || 35 wº -d QX rt; tº G.) 5 § 3 re e := | .E 3 |& #| 3 |E 3 so - o ... I st|* (i) --> 33 , ch * = . . . . . ; # 9 5 || 3 ||= 3 || 3 ||E 3 ||5||9| 2 : ; ; =9 |2 = | * : © 3 is $ 5 | ET ă ş 2,% | = | 5 °º = |† : | #|E|5|5 § 5 § | = |5 §| E & •: ~5 C o 3 a * ! 3’ - || “E on | 3 P-, q) → ~ || 1– P, as P, E P-e >, --> Z. tº- p: G | B | * : -3 || 3 || || 3 |-5 | E sºme 5 4-5 Q) .2 24 Ú) is | 3 || 3 = | ..., | * * || |*|| 3 ||3 || 3 |* 5 ſº # 8 || | | E = | f | 8p | a § -5 > Tº bo gº * g º jää ºf 3 3| 5 |# |* |5|*|# | 3 || 3 || 5 || 5 * * * * I e * s ºsmº -i * → - T | < −s - ~3 A.B.T. A.B. 3 A.B.E. A.B. 3 ||= 5 | E = < | E | # 3 ||= |2|= |Tº 2 | E Tº: Q: +2 O c QX --> * || -- || - 4-> *ºmº Cl2 *-se _o O 3. S | Q Q || 65 O & Cº. O o || @ as 3D 3 |d. O > 8– * 8-| |O | p |E- CŞ H |O |p3 || |& | Cº. 8- Total,.. | Directions for the preparation of the Statement. Column 2. A.—The details and total must correspond with those of column 4 of Statement A. * Transferred to Business Statement. See C, O, 4th June, 1847, No. 10, para. 3. SU DDER BOARD OF REVENUE. 267 Column 2. B.-Must correspond is like manner with column 5 Statement "B. Column 4. A.—Must correspond with column 5 C,” and column 4 B with column 7 C.i. g - - The aggregates of columns 3, 4 and 5 will of course make up the numbers en- tered in column 2, and Muhals settled only summarily will under the above method come out under column 5, among those remaining for settlement—that is, regular settlement. The remaining headings sufficiently explaim themselves. Directions for the Remarks to be made on the Statement. First. Columns 2, 4, 5–If in the case of any District there should not be the proper correspondence between the Statements as above indicated, state whether the Collector has satisfactorily explained the discrepancy. Second. Column 7.—Remark on the sufficiency or otherwise of the progress made in disposing of settlement cases during the year, explain any apparent defici- encies and subjoin a list showing the years to which the settlements pending respec- tively before the Commissioner, Collector or Superintendent, and Deputy Collectors, at the end of the year, severally belong. I E.—SETTLEMENTS REMAINING AND DISPOSITION OF SETTLING OFFI- CERS FOR THE ENSUING SEASON OF OPERATIONS. l 2 3 4 tº 6 7 QX & tºo & g * s= 4-5 c. * | Distribution of Muhals A or Government Muhals | B or resumed Muhals ca- + 3 ||3: - || || bl f i diat ble of i diate set. # ; : a incapable of settle- &l ) 8 * * * g - capable of immed late papie of immediate se 3 & § 3 ; ment or immediate settlement. tlement. . E. .3 3- 3. ttl t • J £ # : : # t { e bſ) h ſº 0. t * - X ** up --> * crº -E 8 c tº 4–3 3 : * .5 * ** g ă ; 5 5 • * > CO & 5 #. ~ Aro tº a ſº !) rd rº O CO Tº & QL) > -o Districts. ~, Tº: Cl) Q T. PR lº tº lo 3 = < | }. : 3 ge si-º sº-> g ~3 92 3 : C 5 Q9 – S.X & 5 CŞ cº; ~ 35 = n = & E - || 5 | E o 5 8 - 8 : 5 ai 3 : 5 § * c = | as |º £ 3 || | | 5 ... tſ) "º : • - CS Tº tº • *-s ºf c5 º: * ... • gººd !- cº; +: d) Q} < * * | < * - C -s g •c O tº gº * ~! aş -e -e C 5|- 803 | * 5 ºf E |*: .: tº *: c . *- : * | 3 C s gº --> -> 2- : rº § | 5 || B. C.|D. Rs. A.P. 3 || B. C.|D. Rs. A.P. § 5 tº # 5 - || = |{ i = | 3 |# * P- Z | Z. Z H B |p3 Gº |8- Total, * Column 4 C of new form. C. O. 28th June, 1848, No. 12, para. 6. + Column 5 C of new form. - 1 The form in which this is to be shewn is given in C. O. 28th June, 1848, No. 12, para. 7. Circular, No. 676. Sept. 21, 1846. U J TY 268 CIRCULAR ORDERs, Circular, No. 676. ' Directions for the preparation of the Statement. Sept. 21, 1846. –) Y- Column 2—Will show the whole Revenue agency of the District, viz. the Col. lector and every Officer, covenanted and uncovenanted, subordinate to him, and not U only those Officers whom it may be proposed to employ on the settlement operations. Columns 3 and 4—Will in like manner show the aggregate business capable of being taken up, bracketted against the whole agency of the District. Column 6.—Besides corresponding with column 5 D will of course also cor- respond with the aggregate of columns 3, 4 and 5 of this Statement. The remain- ing headings sufficiently explain themselves. Directions for the Remarks to be made on the Statement. First. Column 2.—Remark on the sufficiency or otherwise of the existing agency in each District, specifying to what extent it ought to be increased or might be decreased. Second. Column 7.*—Explain, first, why the untraceable Muhals have not been reported for removal from the list, and then give a list in detail of the causes preventing the settlement or immediate settlement of the total Estates entered un- der the 3rd division of column 7. SUMMARY SUITs. H I 2 3 4 5 6 Pending on the Instituted dur- tº º Pending at the Districts. 30th 'April, ing the year Total. Decided during close of the 1845. 1845-46. the year. year. Total,. . . . . . . . —- Remark here on the sufficiency or otherwise of the number of suits decided in , each District, and explain any apparent deficiencies. Then subjoin a detail of the total number of suits pending in the Division at the end of the year—as follows:— Suits pending more than a year, . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto more than 6 months, ... . . . . . . . . • * e º e e s e e e s s e e s e e e a Ditto more than 3 months, * * * * * * c e º º e º ºs e o e º s º e º e º e e Ditto less than 3 months, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total corresponding with total of column 6.j . . . . . . . . . . - * Details as in Board’s printed Reports. See C. O. 28th June, 1848, No. 12, para. 8. t Statement of Execution of Summitry Decrees to follow this Statement. See C. O. 12th July, 1848, No. 14, para. 2. \ f Final column altered as in Board's printed Report. C. O. 28th June, 1848, No. 12, para. 9. § Business not included in the foregoing Statements, performed in the Collector's Office during the year from 1st May, 1845, to 30th - - April, 1846. l 2 3 4 5 6 7 8 9 * Pending at the Instituted dur- close of the "'. Total. Disposed of. Remaining. ing the year. past year. ‘5 º QN) Description of Cases. rd # Remarks. Districts. Districts. Districts. Districts. # Districts. .E Hº! Q- à .2 rd £ T. ": O 5 H H 1.—Dakhil Kharij cases, . . . . . . . . 2.—Butwarrahs, . . . . . . . . . . . . . . 3.—Appeals against Revenue Sales referred by Commissioner for investigation,. e e e º e º O e º e s e e 4.—Lotbundees of Sales in satis- faction of Decrees, . . . . . . . . 5.—Execution of Summary De- CreeS, . . . . . . . . . . . . . . . . . . . . 6.—Sales under Regulation VIII of 1819, . . . . . . . . . . . . . . . . . . 7.—Pension cases, . . . . . . . . . . . . 8.—Cases under Section 30, Re- gulation II. of 1819, . . . . . . . . 9.—Miscellaneous cases, . . . . . . 10,–Reports and Pleadings in Civil Suits in which Government is a party, . . . . . . . . . . . . . . . . . . I 1.-Cases relating to Abkaree, .. 12.-Cases relating to Stamps, .... 13.—Applications for surplus pro- ceeds of Sales, . . . . . . . . . . . . 14.—Applications for Malikana or other money in deposit, .... The headings of this Statement sufficiently explain themselves. In the colums, for Remarks ob- i serve briefly on the sufficiency or otherwise of the business performed, and explain any apparent deficiencies.* * Total,........| | | | | | | | | | | | | | || | | | | * For further directions, see C. O. 4th June, 1847, No. 10, para. 3. A revised form of this Return prescribed, as well as a form for Commissioners' Business. . C. O. 12th July, 1848, No. 14. But see the latest orders on the subject. C. O. 17th Sept., 1850, No. 65. : | 270 CIRCULAR ORDERs, No. 677. MISC. DEPT. Measures to be taken upon aboli- tion of any office to stop the supply of the official Ga- zette to such office. No. 678. MISC. DEPT. Rules in regard to appeals in Go- vernment SultS, in communication with Legal Re- membrancer. & No. DCLXXVII. TO THE COMMISSIONERS OF REVENUE. November 26, 1846.-No. 28. I AM directed by the Sudder Board of Revenue to request that you will direct measures to be taken, on the abolition of an office in your Division, whether of an uncovenanted Deputy Collector or other functionary, to stop the official Gazette supplied to such office. No. DCLXXVIII. TO THE COMMISSIONERS OF REVENUE. December 4, 1846.—No. 29. | AM directed by the Sudder Board of Revenue to instruct you that no appeal is in future to be instituted in the Zillah Court in a case decided against the Government by a lower tribunal, until the opinion of the Legal Remembrancer has been taken on the decision. 2. Whenever a case is decided against Government, in which the decision is open to an appeal to the Zillah Judge, you will be pleased to report without loss of time on the merits of the decision to the Legal Re- membrancer, stating whether in your opinion an appeal should be preferred against it or not. 3. If the Legal Remembrancer and yourself should be of the same opinion on the question of appealing, you will act accordingly. If you should differ, the Legal Remembrancer will refer the case for the orders of the Board. 4. It may sometimes be necessary, in cases decided by a Moonsiff, to lodge an appeal at once, pending a reply to the reference to the Remem- brancer, only one month being allowed for appealing against the decision of a Moonsiff; and in such cases the appeal can be withdrawn, if, after the reference, it should be thought proper not to prefer an appeal. SUDDER BOARD OF REVENUE. 27] D NO. DCLXXIX. º TO THE COMMISSIONERS OF REVENUE. February 2, 1847–No. 1. I AM directed by the Sudder Hoard of Revenue to request that the periodi- cal Returns of Estates sold for arrears of Revenue may, from the commence- ment of 1846-47, be prepared in the annexed form, and that additional statements may be furnished shewing the number of Estates exempted from sale under Sections 10 and 11, and the number of Estates saved to the proprietors under the operation of Section 16 of Act I. of 1845. Statement shewing the number of Estates sold for the recovery of arrears of Revenue during the quarter of 18—. Arrears Nº. . . ."other in Total aerºus ºne lºn. Name | Muhals by of .s J of dº ... he sudder mand upon money, ob-ſ”.;"|. of Dis- whom sold Estates * f jumna of Estates | tained at defaulters º €I'- trict. purchased. e * 9.09- Estates sold. sale. all! UCI'S. €C1 after sold. tification. sold. sale. Purchased by Government. Żurchased by Individuals.. Total,.. Purchased by Government, Purchased by Individuals. Total,.. Purchased by Government. Purchased by Individuals. Total,.. Purchased by Government. Purchased by Individuals. Total,.. Grand Total y No. 679. MISC. DEPT. New forms of Sale Returns under Act I. of 1845 from 1846-47. 272 CIRCULAR ORDERs, {} - Circular, No. 679. Statement showing the number of Estates exempted from sale process under Sections Feb. ºw. J 10 and 11, Act I. of 1845, during the quarter of 18—, º Number of Jumma due Amount col- Arrear due by Name of District. How exempted. Estates exempt-from exempted lected from ex- exempted ed from sale, Estates. empted Estates. Estates. Under Section 10. . . . . Under Section l l ... . . Total,. . . . Under Section 10... . . Under Section 1 1. . . . . Total,. . . . Under Section 10... . . Under Section l l . . . . . Total,. . . . Under Section 10..... Under Section ll..... * Total,.... Grand Total,. . . . Statement shewing the number of Estates forfeited by the purchasers and regained by the former proprietors under Section 16, Act I. of 1845 during the quarter of 18–. Number of Estates sold on which de-Sudder jumma of posits have been such Estates. forfeited. A mount of depo-|Amount of arrears sit money forfeit-made good by the ed by purchaser. |former proprietor. , Name of District. Total,.. SUDDER BOARD OF REVENUE. 273 No. DCLXXX. To THE COMMISSIONERS OF REVENUE. * -º-º: No. 680. February 19, 1847.-No. 2. - Misc. Dept. THE Sudder Board of Revenue having been informed that it is the practice . Applications to Commissioners em- in some Districts to require persons authorized to distrain property for ar- ployed to sell dis- rears of rent, to make their application to the Native Commissioner for the trained property, sale of property distrained by them, on stamp paper of more or less value, * º: I am desired to instruct you that, in the opinion of the Board, such appli- º . cation may be made on plain paper. The Law, (vide Section 4, Regulation Sec. 5, Regulation VII. of 17 99) prescribes only “a written request,” and the Board do not find *..."; from the Stamp Regulations that such written request to an Officer em- defaulters, but to º tº e tº - be defrayed out of powered to sell distrained property is chargeable with a stamp duty. Commissioner's re- 2. The Board have further been informed that, in some Districts, the gulated fees. tulubana of the peadah fixing the notice of sale prescribed by Section 5, Regulation XXXV. of 1795, is charged to the defaulters. This, in the opinion } of the Board, is an erroneous practice. By Section 5, Regulation VII. of 1799, Officers empowered to dispose of property under distraint were al- lowed an anna in the Rupee, or 6% per cent. on the amount sales of the property sold by them “both for their personal trouble, and for the expense 'they might incur in publishing and making such sales, as well as in causing the attached property to be appraised, as directed by Section 5, Regulation XXXV. of 1795" above quoted. Section 2, Act I. of 1839, authorizes the more liberal allowance of 10 per cent. on the sale proceeds, and this remune- ration should, as before, include all charges incurred by the Sale Commis- , Sioner. NO. DCLXXXI. TO THE COMMISSIONERS OF REVENUE. March 12, 1847.—No. 3. - * → No. 681. Misc. DEPT. I AM directed by the Sudder Board of Revenue to inform you, that they c. o. 4th Jany. have been pleased to rescind their Circular Order No. 1, dated 4th January, º No. l, re- 1841, relative to the surplus proceeds of Estates sold for the recovery of arrears of Revenue. $ 3 Z 274 CIRCULAR ORDERS, NO. TXCLXXXII. TO THE COMMISSIONERS OF REVENUE. No. 682. April 1, 1847.—No. 5. Misc. DEPT. - - Form for Har- W ITH reference to Circular Orders of the Nos. and dates noted in the ; ſº margin, I am directed by the Sudder Board of Revenue to request, that the structions. No. 3, and sº family sº. Collectors subordinate to you may be in- No. 12, dated 4th May, 1846. structed to prepare the Harvest Reports, re- quired for submission to the Court of Directors, in the annexed form. These Reports are to be submitted twice in the year, viz. on the 31st October, and 30th April. The first Report will comprise a general account of the out-turn of the bhudowee and khurreef crops, including indigo ; the second, of the rubbee crop, or any produce which may be grown in the cold weather. 2. As Returns, though incomplete, have already been received for the current season, the Reports in the form now prescribed may commence with • the first half year of 1847-48. 3. Your Divisional Report will be prepared in a similar form with that prescribed for the District Returns. First half-yearly Return of the state of the Harvests, for the year 1847-48. Districts. Prevailing crops. General state of the Harvests. Weather. Monthly fall offerain. " No. DCLXXXIII. TO THE COMMISSIONERS OF REVENUE. No. 683. May 14, 1847.-No. 7. Misc. DEPT. Revival of quar- THE Sudder Board of Revenue have determined, with the sanction of Go- terly Indexes of ſº gº tºº, vernment, to revive the quarterly Indexes of Correspondence, which used for- *: in merly to be submitted by Commissioners to the Board, and were discontinued WI OTIſ) 8 DOI 1D1- g structions. Circular Order, 27th July, 1836, by a Resolution of the Statements’ Committee. SUDDER BOARD OF RIEVENUE. 275 9 2. These Indexes, if prepared and submitted with due promptitude and regularity, are calculated to furnish the superior Authority with the most u : efficient means of controlling the Revenue Administration, of checking irregu- larities and correcting errors, and of ascertaining the state of business and the mode in which it is conducted throughout the several Districts of the Provinces. That they were not formerly found effective to this end, is attributable partly to defects in the form of their preparation, partly and principally, to the irregular and dilatory manner in which, in too many instances, they were furnished to the Board. 3. The heavy press of business in most of the Commissioners' offices afforded at that time some excuse for irregularity and delay. But such is not the case now, and the Board expect that the following Rules for the preparation and submission of the Indexes, will be carefully and punctually attended to. ſº 4. The Index is to be prepared in the annexed form ; the correspon- dence of each District is to be separately entered, and the name of the District is to appear at the top of each page. 5. The numbers in the first column are intended to facilitate reference; for this purpose it is necessary that the entries for all the Districts, in each quarterly Return, should form one unbroken series of numbers. 6. The “subject” in the 4th column should be given with as much brevity as may be consistent with perspicuity. It is desirable that the whole correspondence on each subject should be entered in consecutive order, but where this cannot be done, reference should be made in the 5th column to the Index numbers of the previous or subsequent letters. 7. When the Collector's reference does not require reply, the words ° no order” should be written under the “subject,” or if the matter is “re- ferred to the Board,” an entry to that effect should be made. 8. Letters of mere form as communicating the orders of the Board or of Government, need not be entered.* - 9. The Index is to be dispatched from the Commissioner's office within twenty days after the close of the quarter, and the Uncovenanted Assistant of the Commissioner is to be held specially responsible for its accurate preparation and punctual transmission. * See further directions in C.’ O. 6th January, 1848, No. 1, for curtailing the bulk of the Index. Correspondence on Law suits to be omitted. C. O. 17th July, 1849, No. 28. When correspond- ence in the vernacular is referred to, the purport to be stated in English. C. O. 10th April, 1849, No. 13. Circular, No. 683. May 14, 1847. J Y- 276 CIRCULAR ORDERS, Circular, No. 683. May 14, 1847. \ -Y- No. 684. Misc. DEPT. Directions for carrying out the orders of the Su- preme Government relative to the al- terations in the se- curities and salaries of Treasurers, the discharge of Stamp Darogahs and In- terest Mohururs, and the abolition of Judicial Trea- suries. O Indea of Correspondence of the Commissioner of the Division, for the first quarter of 18—. Date and No. From y No. of letter. and Subject. Reference. To o Collector of Zillāh A. l 3rd May, From Recommends the release of the resumed No. 6. lands, Kismut Belgatchee, as proving to be less than 100 beegahs, situated in aff permanently settled estate. - Referred to Board. . f 2 10th May, From Reports the offer of Ramlal Ghose to take| No. 15. a farm of the Government Khas Muhal, Ramdaspoor, at a jumma of 1,025 Rs. being a deduction of 20 per cent. on the assets ascertained at the late settlement. || 3 15th May, TO In reply, directs acceptance of offer, if the No. 175. security be unexceptionable. s Collector of Zillah B. 4 11th May, From |Reply to 25th April, No. 98. - g No. 17. Reports that Deputy Collector Moonshee!No. 15 of Index for 4th Ruheem Oollah, has disposed of all his quarter of—. last year's unreported settlements. No order. t O) TO THE COMMISSIONERS OF REVENUE. May 19, 1847.-No. 8. WIT H reference to the Circulars issued from this office under dates the 25th February, 1845, and 11th March last,” No. 4, I am directed by the Sudder Board of Revenue to forward to you herewith, a copy of a letter from the Under Secretary to Government, No. 348, dated the 5th instant, and of its enclosure, conveying the orders of the Supreme Government, for carrying into immediatef effect the alterations in the securities and salaries * Omitted—being merely a call for report on Collectorate Establishments, with a view to revi- sion on general principles. - t The introduction of the scheme was suspended by G. O. 27th July, No. 15, owing to the difficulties met with : it has not yet (1851) been fully carried out, but a Committee have been appoint- ed to superintend its introduction in the first instance, and experimentally, in the 24. Pergunnahs. SUDDER BOARD OF REVENUE. 277 O of the Collectorate Treasurers, absorption of the salaries of Stamp Darogahs and Interest Mohurrurs, and abolition of the separate Magistrates' and Judges' U Treasuries, as recommended in the Board’s letter to Government, dated the 6th January last, No. 12, an extract (paragraphs 5 to 9) from which is herewith also forwarded for your guidance. 2. The Board believe that the whole change directed to be made, may be easily effected within two months, and they request that you will instruct the Collectors subordinate to you accordingly. 3. The Court of Sudder Dewanny and Nizamut Adawlut will be re- quested to issue suitable instructions for the co-operation of the several func- tionaries concerned under their control, and the Accountant to Govern- ment will also be addressed on the subject, with a view to his doing whatever may be needful on his part to facilitate the change. 4. The Board will expect to receive your report announcing the completion of the new arrangements in two months from this date, together with a roll of the individuals now holding the situation of Treasurer and Stamp Darogah who may be put out of employ, shewing the amount of gratuity recommended in each case, .. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 348, dated 5th May, 1847. i am directed to acknowledge the receipt of your letter, No. 12, dated the 6th January last, with its enclosures, relative to the alterations in the securities and salaries of the Collectorate Treasurers, absorption of the salaries of Stamp Darogahs and Interest Mohururs, and abolition of the separate Magistrates’ and Judges’ Trea- suries in the Lower Provinces; and in reply to forward the accompanying copy of a letter from the Secretary to the Government of India, Financial Department, of the 19th March last, sanctioning the arrangements proposed, which the Board are re- quested at once to carry into effect in communication with the Sudder Court and the Accountant. 2. The Board are also requested to furnish a roll of the individuals now holding the situation of Treasurer in the Judicial Courts or of Stamp Darogah, who will be put out of employ in consequence of these arrangements, and to recommend the amount of gratuity to be granted to each, not exceeding in any case six months' pay. 3. The Deputy Governor desires to hear, after three months, of the progress made in completing the arrangements now sanctioned. . Circular, No. 684. May 19, 1847. —l Y- 278 - CIRCULAR ORDERS, Circular, No. 684. FROM THE SECRETARY TO THE GovāRNMENT OF INDIA, TO THE SECRE- U May 19, 1847, TARY TO THE GOVERNMENT OF BEN GAL. Y No. 782, dated the 19th March, 1847. I am directed to acknowledge the receipt of Mr. Under Secretary Beadom’s letter in the Revenue Department, No. 149, dated the 17th ultimo, to the address of Mr. Secretary Bushby, with its enclosures, and in reply to inform you that the Hon’ble the President in Council concurs generally in the views of the Hon’ble the Deputy Governor of Bengal as to the expediency of increasing the salaries of the Collectors’ Treasurers in the Lower Provinces, and diminishing the amount of security required of them, and he accordingly sanctions the adoption of the scale of Aggregate present monthly salaries for those Officers suggested by the late pay of Revenue Treasurers in the Lower Provinces. 2254 3 1? Accountant General, Mr. Morley, and recom- e tº * 0 0 ** ....” “” –º-º-; mended by the Sudder Board of Revenue, to the Increase per mensem, .... 2490 12 10 & tº & º 7.05 TO 3 extent noted in the margin, a portion of the in- creased expense being met by the absorption of Or per annum; . . . . . . . . . . Deduct, By abolition of Stamp the salaries of the Stamp Darogahs and Interest Darogahs and º g tº Interest Mo- Mohururs whose services are to be discontinued, g * ... 8602 13 0 and by the abolition of the separate Judges’ and y abolition - . . à . of Judges' and Magistrates’ Treasuries. Magistrates’ g . . Treasuries, 14,299 3 0 2. With reference to the suggestion of the 22,902 0 0 Sudder Board of Revenue adverted to in para. 3 Proposed met increase of annual expense, . . . . . . 6907 10 3 of Mr. Under Secretary Beadon’s letter, that the abolition of the Judges’ and Magistrates’ Treasuries should be carried into effect gradually as vacancies occur in such offices, the President in Council would leave it to the Hon’ble the Deputy Governor to determine, whether it would be preferable to bring the revised system into operation at once or not, and in the event of the former alternative being adopted, he will be prepared to sanction compensation to the Stamp Darogahs and Judges’ and Magistrates’ Treasurers displaced by that measure by a gratuity to each individual of six months’ pay, in cases wherein that indulgence may be considered fair and reasonable. - 1. 3. The President in Council concurs also in the opinion of the Hon’ble the Deputy Governor that the appointment of a Committee for the purpose of revising Judicial and Collectorate Establishments is not at all necessary, and that such a work, as far as the Revenue Offices are concerned, would be more properly undertaken by the Sudder Board of Revenue. - - EXTRACT FROM A LETTER FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERNMENT OF BENGAL, REVENUE, DEPARTMENT. No. 12, dated the 6th January, 1847. Para. 5. It remains to be considered, in the third place, whether the increased charge can be provided, in whole or in part, by reductions in other Departments. SUDDER BOARD OF REVENUE. 279 6. And first, with regard to the proposed abolition of the office of Stamp Circular, No. 684. May 19, 1847. G- — -Y- Darogah. 7. As to the expediency of this measure much difference of opinion prevails. The Commissioners of Patna and Dacca are against it, and the late Commissioner of Moorshedabad, Mr. Jackson, thinks that it can be only partially effected. On the other hand, the Commissioners of Cuttack, Jessore, and Bhaugulpore are in its favor. The Collectors are nearly equally divided. The Board are of opinion that the weight of authority, of sound judgment, and practical experience, is on the side of aboli- tion; and they therefore give it their support. They observe that in some Districts, (as Cuttack, Backergunge and Rajeshahye) the duties of the office are now performed by the Treasurer, and they see no reason to doubt that they might be conducted by the same agency with equal facility in other Districts. - 8. The situation of Interest Mohururs has, it appears, been already abolished in several Districts; and in some of those where it has been retained, the services of the incumbent are said to be absolutely necessary to the efficiency of the Collector's establishment. The Board will recur to this subject before closing their report, but they may here remark that the duties of the situation having ceased, the situation itself necessarily becomes liable to reduction ; and the amount of the salaries may fairly be reckoned as an available asset for meeting the additional expense to be incurred on account of the Treasurers. 9. The Accountant General, influenced by the objections of the late Revenue Accountant, Mr. Dorin, has not recommended the absorption of the separate Trea- suries of the Judges and Magistrates in those of the Collectors; but as this measure is strºngly urged in the Memorandum (by Mr. Grant) annexed to his letter, and is there suggested as a means for providing in part of the increased pay of the Collectors’ Treasurers, it necessarily comes under consideration together with his own proposi- tions. The opinions of almost all the Officers who have adverted to the subject, are in favor of the abolition of separate Treasuries. The Commissioners, are unanimous in advocating it. Mr. Dorin’s objections, it will be observed, have reference especially $o the Magistrate’s office : he thinks that the Judges’ Treasuries might be abolished without difficulty. But it appears that in all the Districts where there are no Civil Courts, as the Deputy Collectorates, and North and South Cuttack, the Collector’s Treasurer is actually the Treasurer of the Magistrate, and the same system is said to obtain in all the Districts of the Patma Division. Under these circumstances the Board cannot doubt the perfect feasibility of Mr. Grant's suggestion; they recommend that it be carried into effect, and that all the separate Treasuries of Judges, Magistrates and Salt Agents, be at once abolished. - 280 CIRCULAR ORDERS, No. 685. MISC. DEPT. Levy of fees of Nazir's peons for serving processes in pauper prohibited. suits, No. DCLXXXV. TO THE COMMISSIONERS OF REVENUE. May 29, 1847.—No. 9. ITH reference to the enclosed extracts from the Report for 1845-46, submitted to Government by the Superintendent and Remembrancer of Legal Affairs, and the orders of Government, dated the 19th instant, No. 390, I am directed by the Sudder Board of Revenue to request that you will issue the necessary orders for the immediate discontinuance of the levy of the fees alluded to therein. EXTRACT FROM A LETTER FROM THE SUPERINTENDENT AND REMEM- BRANCER OF LEGAL AFFAIRS, TO THE SECRETARY TO THE GOVERN- MENT OF BENGAL, IN THE REVENUE DEPARTMENT. No. 627, dated the 14th December, 1846. Para. 115. I have remarked in my letter to the Accountant General, that “the only pauper suits in which any legal expenses are recoverable on account of Govern- ment over and above the Stamp duty, are those to which Government itself is a party. “I am aware,” I have said, “that the Collectors are in the habit of realizing the fees of the Nazir's peons in all cases; but it may be doubted, first, whether the practice is not opposed to Section 7, Regulation XXVIII. of 1814, which declares that all processes shall be served through the chuprasees of the Court without any expense to the pauper; and secondly, whether sums due or realized on this account should be included in a statement intended to shew only the amount leviable on account of Note—The practice with regard to the rea- Government.” Since writing this, I have learnt lºº º: that these fees, though realized under, the head but this I understand to be the general rule. of costs of process, do not go to the Nazir of the Civil Court, but are credited to Government. As Government are at no ex- pense on account of the issue of processes in those cases in which they are not themselves concerned, I conceive the practice only requires to be known to ensure an order for its abandonment. EXTRACT FROM A LETTER FROM THE OFFICIATING UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, IN THE REVENUE DEPARTMENT, TO THE OFFICIATING SECRETARY TO THE SUDDER BOARD OF RE- VENUE. No. 390, dated the 19th May, 1847. Para. 2. With reference to the remark in paragraph 115, on the subject of the fees of Nazir's peons in pauper suits, his Honor is of opinion that their realiza- tion being opposed to the existing Law, should be at once prohibited, and the Board are requested accordingly to convey instructions to that effect to the subordinate Revenue Authorities. A communication on the subject has been addressed to the Sudder Court. suppER BOARD OF REVENUE. 281 No. DCLXXXVI. TO THE COMMISSIONERS OF REVENUE. May 29, 1847–No. 9 A. THE Sudder Board of Revenue having had under their consideration the important subject of the proper, treatment of Law suits in the country Courts connected with the Land Revenue Department, have directed me to issue the following Rules for your future observance: You will perceive that they have mostly been in force hitherto, and are now only brought together, and rendered more complete in some respects. 2. Whenever you receive notice of an action against Government in any Zillah Court, if you should be of opinion that it would not be proper or No. 686. MISC. DEPT. Instructions for conduct of Govern- ment Law and appeals. advisable to defend it, you will submit the plaint and papers of the case, together with a circumstantial report giving your opinion thereon, to the Superintendent and Remembrancer of Legal Affairs. If, on the other hand, you should be of opinion that the action admits of being, and ought to be, defended, you will, in addition, submit a draft of the pleading you would file, as well as an abstract, in English, of the plaint and your proposed reply in parallel columns. - 3. In like manner, whenever you desire to institute an action on behakf of Government in any Zillah Court, you will submit to the same Officer the papers of the case, with a circumstantial report giving the grounds of your opinion, and a draft of your proposed pleading. 4. Whenever a suit, regular or miscellaneous, is decided against Go- vernment in a Zillah Court, which is open to an appeal to the Zillah J udge, you will without loss of time report on the merits of the decision to the Legal Remembrancer, stating whether, in your opinion, an appeal should be preferred or not, and submitting a copy of the decree, or, if a miscellaneous case, of the order. it.” 5. Whenever an appeal is instituted to the Zillah Judge against a de- cision passed by a lower tribunal in favor of Government, and the Govern- ment, as respondent, is summoned by the Court to answer the appeal, you will immediately report on the appeal to the Legal Remembrancer, submit- ting a copy of the Court's proceeding and a copy of your proposed reply. 6. Whenever a decision passed by a lower tribunal in favor of Go- vernment is reversed in appeal by the Zillah Judge or the Principal Sudder Ameen to whom the appeal may have been referred, you will immediately suits 4 B 282 CIRCULAR ORDERS, Circular, No. 686. May 29, 1847. U _” Y © report to the Legal Remembrancer on the merits of the reversal, submitting a copy of the decree passed in appeal. 7. In all the foregoing categories, if the Legal Remembrancer should concur in the "opinion expressed by yourself, the course in which you both agree may at once be followed, without the necessity ºf any previous re- ference to, or communication with, the Board. If, on the other hand, the Legal Remembrancer should see reason to differ from your view of the case and of the course proper to be pursued, he will report on the case for the orders of the Board, provided always that every case shall be reported to the Board by the Legal Remembrancer in which, in consequence of the rever- sal by the Zillah Judge of the decision passed by a lower tribunal in favor of Government, it may be considered advisable to proceed in the Sudder Dewanny Adawlut. 8. In like manner, turing the progress of a suit or an appeal in any of the Zillah Courts, you will advise with the Legal Remembrancer in regard to all interlocutory orders which may be passed, or any petitions which it may be deemed advisable to file or to answer, and be guided by his instructions on such occasions, as well as in the conduct of the suit or appeal generally. 9. It may sometimes be necessary in cases decided by an Uncove- nanted Judge, that you should lodge an appeal in the Judge's Court at once, without waiting for a reply to your reference to the Remembrancer—only thirty days being allowed for appealing to the Zillah Judge against the decision of a lower tribunal; but on such occasions the appeal can be withdrawn, if in reply to your reference it should be ruled that an appeal ought fot to be preferred. - 10. Whenever an original suit is decided against Government in the Court of the Zillah Judge or in that of the Principal Sudder Ameen, if the appeal from his decision lies to the Sudder Dewanny Adawlut, you will im- mediately report on the merits of the decision, and submit a copy of the decree and the draft of a petition of appeal, if you should be of opinion that an appeal ought to be preferred, to the Legal Remembrancer, who will take the orders of the Board as to whether an appeal shall or shall not be instituted. 11. In like manner, whenever the Board may receive notice of an ap- peal in the Sudder Dewanny Adawlut against an original decision passed in favor of Government in the Court of the Zillah Judge or Principal Sudder Ameen, you will be required by the Legal Remembrancer to report on the merits of the decision, and to submit a copy of the decree and the draft of a reply to that Officer, who will take the orders of the Board as to whether SUDDER BOARD OF REVENUE. 283 o O - the appeal shall be defended or not ; and all suits and proceedings in the Sudder Dewanny Adawlut will be conducted by the Legal Remembrancer C under the direction and control of the Board. 12. These Rules imply, of course, previous communićation between yourself and the Collector, with whom the immediate conduct of suits in the Zillah Courts, subject to your supervision and control lies; and you will be pleased to issue such instructions to the several Collectors subordi- nate to you as may be necessary to enable you to act up to the present Rules; giving them specially to understand that all drafts of plaints, pleadings, and petitions, are to be prepared by the Government Pleader from materials fur- nished by the Collector, the latter being responsible for the facts, and the former for the Law and style. But the Collector, of course, will always be at liberty to submit also a draft of his own, if he should disapprove of the one furnished by the Pleader. © * 13. A copy of this Circular will be forwarded to the Legal Remem- brancer for his information and guidance. NO. DCLXXXVII. TO THE COMMISSIONERS OF REVENUE. June 4, 1847.-No. 10. As the time for the submission of the annual Revenue Report of your Division for the past year 1846-47 is approaching, I am desired by the Sudder Board of Revenue to remind you, that they will expect to receive it Joy the date fixed by their Circular letter of the 21st September last, No. 26, viz. on or before the 1st July next. © 2. Notwithstanding the very particular directions given in the above Circular, they were strictly followed in the preparation of the previous year's report by only the Commissioner of the Cuttack Division, Mr. Mills. I am therefore desired again to point out to you that a letter or paper of remarks separate from the statements is not to be sent. It will be sufficient for you to commence your report by simply stating that “you submit the statements prescribed by the Board's Circular in question, with your remarks thereon.” You will then at once proceed to give the statements, with your remarks on them in juxta-position or following, precisely as exemplified in the specimen forms appended to the Circular, arranging your observations Circular, No. 686. May 29, 1847. —) Y- No. 687. Misc. DEPT. Farther instruc- tions relative to preparation of the annual Returns in the new forms. 284 CIRCULAR ORDERS, º e © g tº g º O te Circular, No. 687. in the order followed in the directions noted on the forms, and confining June 4, 1847. c Q © ºn tº g e g J--~~) them strictly to the points indicated in those directions. 3. On a review of the last Returns it occurs to the Board to note farther as follows, for your guidance in preparing the Report now due. Statement A. Col. 19. When Government Estates are acquired in any other way than by purchase, the mode of acquisition is to be stated in the remarks, as thus :* O Total corresponding with the total of col. 19. Statement C. The remarks on the proceedings and merits of the different Officers are to be transferred from this statement to the statement of business performed in the Collectors' offices, and it should be explained on what duties the Assistants and Uncovenanted Deputies were principally em- ployed. Collectors should be careful to include all miscellaneous business whatever in this statement, and in like manner the miscellaneous column of the Commissioners' statement should be carefully made to contain all the business whatever not included in the previous columns. 4. You will be careful to see that the number of Government" and resumed Muhals is duly reconciled in the several statements relating to them, both in connection with each other and with the statements of the previous year. These Returns are intended, amongst other things, to act as a general check upon the disposal of the Muhals, and for this purpose they are of course useless unless attention is paid to reconciling the numbers. NO. DCLXXXVIII. TO THE COMMISSIONERS OF REVENUE. No. 688. July 9, 1847.—No. 12. MISC. DEPT. When final re- ITH reference to the Circular No. 21, issued by the Sudder Dewanny turn to precept of Civil coºl under Adawlut under date the 6th August, 1830, by which the Mofussil Courts *** * * are required to report, whenever there may be a delay of more than six weeks * Details as in printed Report. C. O. 18th June, 1848, No. 12. SU DDER BOARD OF RIEVENUE. 285 p in replying to references under Regulation II. of 1814; I am directed by the Sudder Board of Revenue to request that, when a final return cannot be made to such references within the period in question, a proceeding may be transmitted to the Court issuing the precept, explaining the cause of the delay and stating when the final return will probably be submitted. Jº No. DCLXXXIX. TO THE COMMISSIONERS OF REVENUE. July 21, 1847–No. 14. IN continuation of the Circular No. 9, issued from this office under date the 29th May, I am desired by the Sudder Board of Revenue, under direc- tions from Government, to request that you will issue the necessary instruc- Letter No. 472, dated the 16th ultimo. tions to your subordinates, for carrying into effect, experimentally, the arrangement suggested in the annexed extract (paragraphs 121 and 122,) of the report for 1845–46 submitted to Govern- ment by the Superintendent and Remembrancer of Legal Affairs. 2. You will be pleased to instruct the several Collectors of your Division to furnish the Legal Remembrancer with a quarterly statement of unexecuted decrees in such form as he may prescribe, and you will be good enough to submit to this office a half yearly statement” of the nature indicated in the 122d paragraph of that Officer's report. EXTRACT FROM A REPORT FROM THE SUPERINTENDENT AND REMEM- BRANCER OF LEGAL AFFAIRS, TO THE SECRETARY TO THE GOVERN- MENT OF BEN GAL. No. 627, dated the 14th December, 1846. Para. 121. I addressed the Board on this subject on the 29th April last, and as my letter has not been forwarded to Government owing to the Board having understood that I intended to notice the matter generally in my report, I may be permitted to quote it here. After some remarks on another subject, I said “I take this opportunity of drawing the Board’s attention to the subject of the realization of decrees in favor of the Revenue Department. The list of unexecuted decrees is a very long one, and against a large proportion of the cases I observe the remark, ‘struck off the file for want of assets.” “To every one acquainted with the subject, it is notorious that the means at present taken to ascertain these assets are most unsatisfactory. If the Collector’s * The form of this Return will be found appended to C. O. 10th September, 1848, No. 17. Circular, No. 688. July 9, 1847. J 1814, cannot be made within 6 weeks, cause of delay to be ex- plained to the Court by a pro- ceeding. No. 689. Misc. DEPT. Scheme propos- ed by Legal Re- membrancer for realizing unexecut- ed decrees, by means of a percent- age to Nazirs and Government Plea- ders—to be carried into effect experi- mentally. Half yearly Return pre- scribed. 4 C 286 CIRCULAR ORDERS, cº; No. 689, books should show no property registered in the name of the defendant, a perwannah uly 21, 1847. *—— is issued to the Nazir, who usually deputes a bukshee or a peon to make enquiries. Y- These men have no interest in establishing the claims of the Government to any particular assets, and it may happen, and often does happen no doubt, that the opposite party furnishes them with very strong inducements not to be over-active in their search. © . “To remedy this, it has been determined by Government, in special instances, to sanction remuneration to Pleaders in the form ef a percentage on sums realized by them under decrees of Court in favor of Government. But although I certainly think that the reward thus held out to them will have the effect of stimulating the exertions of the Government Pleaders in particular cases of unexecuted decrees, I doubt if the measure will be attended with any marked success; and for this reason, that the Government Pleaders, in the majority of instances, have not the means of ascertaining the assets of the parties against whom the Government may obtain decrees. They have no time to hunt through the records of the Collector's office, nor have they the command of an establishment through means of which the details of fictitious sales and transfers may be ferretted out, and proof obtained of the real interest of the debtor in this or that particular property. “The Nazir of the Collectorate is clearly, of all the Native employés in the Mofussil, the one most competent to afford us aid in the realization of these decrees. From the nature of his situation and the large establishment under him, composed of men from every part of the District, he must necessarily either have, or be able to acquire, a knowledge of the pecuniary affairs of any particular resident with much greater facility than any other person. - • * “I consider it of the greatest importance that we should make the interests of this functionary in the execution of decrees identical with our own : I would there- fore propose that in all cases where the percentage previously alluded to, is sanctioned by Government, three-fifths should as a general rule be allowed to the Nazir, and two-fifths to the Government Pleader—this rule being of course subject to modifica- tion, whenever it should appear that the successful result of any case was wholly, or in a very disproportionate degree, owing to the exertions of one party only. Thus it will be the interest of the Nazir to see that the Pleader does his duty in Court, and of the Pleader to take care that the Nazir does not relax in his labours out of doors. Between the two I think there can be no danger of our decrees being allowed to fall through from negligence, as has hitherto been not unfrequently the case. “There is still another point which I consider of very great importance, and that is the surveillance which the Collectors should exercise over these cases. This I am inclined to think is frequently little more than nominal. I need not observe that when such is the case, it is in vain to expect any great amount of zeal from subordinate Officers. It is necessary that these cases should be kept constantly under the eye of the Collector, and the readiest mode of ensuring this, appears to me SU DDER BOARD OF REVENUE. 287 to be by requiring from him the submission to this office of a quarterly statement of unexecuted decrees, distinguishing the pauper suits from the others, and explaining in each case, under the column of remarks, the reasons why the amount due has not yet been realized, and the steps which have been taken for that purpose. “If the attention of the Collector were thus periodically drawn to these cases, and an incentive to exertion held out to his subordinates, as recommended in the previous part of this letter, I have sanguine hopes that the result would be a very rapid diminution of the amount of our outstanding decrees.” 122. To this I would add, that the efficiency of my plan would be much increased, were Government to leave to the discretion of the Commissioners the task of deciding in what cases a percentage should be awarded to the Nazir and the Pleader. If a reference to Government be insisted on in each instance, much valuable time will be lost, and so far as I can perceive, there will be no corresponding advantage, for it is on the Commissioner's opinion as to the necessity of the measure that the decision of Government must, in almost every case, be ultimately grounded. A half yearly return from the Commissioner, with a note against each case specifying the grounds on which a percentage has been granted, will, it appears to me, answer every purpose which could have been effected by a prior application for sanction. ‘9 NO. DCXC. TO THE COMMISSIONERS OF REVENUE. July 27, 1847.-No. 15. - - WITH reference to the concluding portion of para. 3 of the Circular 'Orders of the 19th of May last, No. 8, I am directed by the Sudder Board of Revenue to request, that you will desire the several Collectors of your Divi- sion not to take any measures for carrying out the changes directed in their Circular in question, until they are furnished with specific instructions for their guidance by the Accountant to the Government of Bengal. 2. This was of course always intended, but it appears from corre- spondence which has been before the Board, not to be sufficiently under- stood. Circular, No. 680. July 21, 1847. C J Y No. 690. Misc. DEPT. Introduction of scheme of Trea- surers’ salaries and securities suspend- ed. 288 CIRCULAR ORDERS, NO. DCXCI. TO THE COMMISSIONERS OF REVENUE. No. 691. *=ºme Misc. Dº PT. August 21, 1847.-No. 16. 0. º: €X- ITH reference to the Circular Orders noted on the margin, I am desir- penses of Vernacu- . gº lar Schools not to No. 4, 29th January, 1846. ed by the Sudder Board of Revenue to in- be defrayed out of No. 10, 24th March, 1846. struct you further, that Government have the schooling fees tº g & r but by the resid. declined to permit any contingent expenses on account of the Vernacular mºnº * Schools to be charged against the schooling fees,” which are to be appropriat- ed exclusively to the remuneration of the Masters; and, as Government have also declined to defray any charges connected with the Schools in question except the salaries of the Masters, you will understand that no contingent charges whatever can be incurred, but such as the inhabitants of the neigh- bourhood, or the parents of the scholars, are willing to defray. NO. DCXCII. TO THE COMMISSIONERS OF REVENUE. No. 692. August 31, 1847.-No. 18. Misc. DEPT. Form of state- THE Sudder Board of Revenue having had under their consideration the i. .. Reports of the several Commissioners on the Government Vernacular Schools lar Schools. for the year 1846, have directed me to request that your future Reports may • be accompanied by a statement in the annexed form, drawn up on consulta- tion paper. 2. In your Report you will notice the visits paid to each School, and the result of the examinations held on those occasions, and also any other point of importance for which the form of statement does not provide; but you will carefully avoid repeating in your Report any of the information to be found in the statement. - O Q. 3. The Board will expect to receive your Report within six weeks after the close of the year. . * This Rule has been superseded by later orders. See C. O. 15th March, 1849, No. 9. - | Division. to Districts. o | School stations. C/D s Number of schools, in opera- # tion at the end of the year. S. ºw Number of schools not in opera- * z tion at the end of the year. º Number of pupils on the Roll at | ° the commencement of the year. º Number admitted during the &D *\{e 3 year. Hº g Number of withdrawals during 3 S’ ° the year. : = Number on the Roll at the close &O E of the year. 3. 2 g | Average daily attendance. ** 3 M-e g " | Amount of fees collected during 9. the year. op £ #: * £3 O NO §: Balance of former years. CD C/D 2. & 90 - a; }* H 3. 3. Qº 3. E" # à. Oſº 6t, º E. * City Uſ) g M- º 3. Disbursements during the year. E’ Cº 9. * CJ { gº QJY ºl E º º E Q3 go : 2- 5 |Total sum disbursed by Govern- 3. g ment for the year on account tº C- of each school. $4 Ct) res $35 ! § 3 -. w) 2 T' | Cost per head for each pupil, § # taking the average attendance. 2. *> C/D 3. ; Number sold. £- ; 3 cº |-4 * 9. &O e try gº Amount realized. C £ #. op do MP- s: 3. 2. NO CJN C # 3. º º º C B. § Date of appointment. 3. ; § | Salary per mensem. § Cº. ſ A Y § Character and qualifications. ‘ZFSI " [g 3nv * * * ‘Z69 “ON “18|no.IIO ( § | Condition of the school houses. 68% *GIſlNGIAGI?I HO CI?IVO9. IGICICIſlS CI # 290 CIRCULAR ORDERS, No. 693. MISC. DEPT. Dr. Royle's Me. morandum on cul- tivation of wheat, circulated with Court of Directors’ despatch requiring certain information on the subject. NO. DCXCIII. TO THE COMMISSIONERS OF REVENUE. September 18, 1847.—No. 16 A. I AM directed by the Sudder Board of Revenue to forward to you here- with a copy of a despatch from the Hon’ble the Court of Directors, No. 8, of the 7th July last, and of the Memorandum by Dr. Royle, on the cultivation of wheat, to which it refers. 2. The Board request that you will obtain from the local Officers sub- ordinate to you, and submit to them for communication to Government, information on the several points noticed in the 2d paragraph of the Hon’ble Court's despatch, embodied in the form hereunto appended. Up DESPATCH OF THE COURT OF DIRECTORS, TO THE GOVERNOR GENERAL OF INDIA IN COUNCIL, REVENUE DEPARTMENT. No. 8, dated 7th July, 1847. Para. 1. We herewith transmit to you fifty copies of a Memorandum by Dr. Royle on the cultivation of wheat in India, and on the possibility of its being made a profitable article of export to the United Kingdom. 2. At the present moment the subject is one of considerable interest and importance, and we are anxious to procure any information which it may be in your power to obtain. We therefore desire that you will cause copies of this Memorandum to be circulated among the Collectors of Land Revenue in Bengal and the North Western Provinces, and that you will instruct them to furnish such information as they may be enabled to collect with respect to the quantity of wheat cultivated in the Districts under their charge, the quality and varieties of the grain, the ordinary bazar prices, the cost of conveyance to Calcutta, and generally on any points which, may assist us in forming an opinion as to the possibility of making wheat an ordinary article of export from India to this country, with reference to the usual average prices prevailing here for that description of grain. 3. If from the reports which you may receive from the Provinces, and from the opinions which you may obtain from competent persons, you should see reason to believe that any particular description of wheat would be likely to find a profita- ble market in this country, we authorize you, as an experiment, and for the purpose of practically testing the effect of the voyage upon the grain, to purchase a quantity mot exceeding one thousand maunds, and to consign it to us for sale in this country. You will cause the utmost attention to be paid to the stowage of the grain, so as to prevent as far as possible any injury being sustained by it during the voyage, and you will furnish us with an accurate account of the expenses incurred, so that we may be SUDDIER BOARD OF REVENUE. 291 enabled to judge from its out-turn in this country of the probability of its becoming a profitable article of import in the ordinary course of mercantile adventure. 4. In the event of any shipments of wheat being made to this country on account of private merchants, we authorize you to remit the export duty now leviable under the provisions of Act XIV. of 1836; and if you should have reason to believe that any general trade in this article is likely to arise, we think it desirable that you should publish a notification stating that the duty on all grain shipped to the United Kingdom will be discontinued until further notice. DR. ROYLE'S MEMORANDUM ON THE EXPORT OF WHEAT FROM INDIA TO ENGLAND. Wheat, having been known to the earliest of the civilized nations of antiquity, is probably a native of the central parts of Asia, whence its cultivation has been car- ried north into Europe, and south into India, presenting what appears to us the anomaly of a grain of cold countries being cultivated in what is so peculiarly a hot one. It has sometimes been thought that the species might be different, but it is in fact the season of cultivation which differs—wheat, with barley, being sown in the plaims of India in the month of October, and reaped in March, while in the Hima- laya Mountains, these are sown in the spring, and reaped in autumn. Great varieties of wheat are known in Europe, which are sometimes divided into summer and winter wheats, and the latter into red and white wheats, and also into those which are bearded and awnless. But all these are now considered to be de- rived from one species, the Triticum vulgare or sativum of Botanists. To this may be referred nearly all the varieties known in India. A few other species of wheat are distinguished by Botanists as Triticum turgidum or duck-bill wheat, Triticum durum or Barbary wheat, Triticum amyleum or starch wheat, and Triticum composi- tum or Egyptian wheat; but these, and even the last, differing so remarkably in appearance as it does, are thought by others to be only varieties due to the varied culture of common wheat. Triticum polonicum or Polish wheat, Triticum spelta or spelt wheat, and Triticum monococcum or one-grained wheat, appear to be dis- tinct species. Though the produce of wheat cultivation varies according to the influence of soil and of climate, as well as according to the culture and to the kind of manure employed, as also the variety of seed employed, yet it is sometimes useful, for the sake of comparison, to know what is the average rate of product. It has sometimes been calculated that the weight of straw is double that of grain obtained. Professor E. Solly states that “a crop yielding 5 qrs. (or 40 bushels) per acre, would consist of about 23 cwt. of grain, 4 tons of straw, and 30 cwt. of stubble and roots, the latter of course remaining in the soil.”—Rural Chemistry p. 213. Of grain, the maximum return per acre is about 70 bushels, but the average return for the whole of Great Britain is reckoned to be about 25 bushels per acre. The grain is readily separated in the process of grinding into two portions, one, the husk forming Circular, No. 693. Sept. 18, 1847. C - J Y 292 CIRCULAR ORDERS, Circular, No. 693. Sept. 18, 1847. \ ) Y bran, which varies in proportion from 11 to near 40 per cent., and the other, the kernel or part which forms flour. In good thin-skimmed and soft wheats, the husk is easily separated, but in those which are hard, some of the husk becomes ground up with the flour and darkens its colour. But bran always contains a portion of starch and other soluble matters. When analyzed, English wheat is found to contain from 15 to 17 per cent, of water, or about one pound in every six pounds of fine flour; also starch, with a little sugar, gum and gluten, with a little vegetable albumen and caseine; with some oil, which is partly washed out with starch, while a part remains attached to the gluten. These constituents may be distinguished into those which contain nitrogen, that is, the gluten, albumen and caseine, and into those which are desti- tute of it, as the starch, sugar, gum and oil. The nitrogenous principles ap- proaching nearest to the mature of the flesh of animals, are considered the most nutritious ; and wheat, for containing more gluten &c. than other grains, is con- sidered the most nutritious of any ; but in England, the wheats which contain the most gluten are not so much esteemed as those which abound in starch, chiefly in consequence of these being softer and producing a whiter flour. The glutinous wheats are chiefly produced in warm countries, as Sicily, Italy and the Crimea; they are harder in nature, hence called flinty, and, being more difficult to grind, are ob- jected to by millers. But they are preferred in southern countries for their nutri- tious qualities, also for making excellent macaroni, vermicelli, and also biscuit. They also make about 5 per cent. more of bread than the white mealy wheats. Professor Johnston (Agricul. Chemistry, p. 732,) states, that the quantity of gluten contained “in English flour has generally been stated much too high ;” it “seldom O Note.—In addition to English wheat it is desirable to know the com- contains more than 10 per position of wheats of other countries, as some of these approximate nearer 55 to the wheats of India. The accompanying Tables are, therefore, given : cent. of dry gluten. As Table of the composition of French and Odessa flour, as determined wheat forms the principal by Vauquelin. food of the inhabitants of French. Odessa Wheat. North West India, and is 1st Quality. Flinty. Soft. g e cultivated in many parts Water, . . . . . . . . . . . . . . . . ! 0.0 12.0 10. () e Gluten, . . . . . . . . . . . . . . . . I 1.0 14.6 12.0 of that country, it has Starch, .. tº ſº tº º q = 2 e º º º 7 1,5 56.5 62.0 sº - Sugar, . . . . . . . . . . . . . . . . 4.7 8.5 7.4 often been suggested as a Gum, . . . . . . . . . . . . . . . . . . 3.3 4.9 5.8 rofitable export to Eng- Bran, . . . . . . . . . . . . . . . . . . 0.0 2.3 1.2 pro p º land, and that the im- 100.5 98.8 98.4 provement of its quality and culture was a subject well worthy of attention. The Agricultural Society of India has frequently turned the notice of its members to this subject, and obtained wheat for seed from England as well as other countries. Wheat, as well as other cereal grains, has also been frequently sent in small quantities from the India House to different parts of India. That it has been thought practicable to export wheat from India to Great Bri- tain with profit, may be inferred from the petition to Parliament from the Agri- SUDDER BOARD OF REVENUE. 293 J) cultural Society of India, praying for “the admission into the ports of Great Britain, of wheat from this country on the same terms as have already been conceded to wheat from Canada.” A Committee of the Society had previously collected informa- tion from various Districts of Bengal and of the North Western Provinces, on the cost of producing, and on the practicability of exporting wheat in a good condition with profit from India to England. The Committee reported (vide Trans. Agricul- tural Society, 1843, pp. 237–318). “that some of the finest wheat countries are to be found in the vicinity of our Calcutta market; but beyond Behar the distance would appear to be too great to allow of a profitable import at the present high rate of transport.” From the nearer Districts, it appeared that wheat could be landed in Calcutta for 1 R. to 1 R. 12 as. per maund, its average being 1 R, 5 as. 6 p. The average selling price at Calcutta for the year was then l R. 13 as. 4 p., whence it was calculat- ed that a profit of 37 per cent. was available to the grower or country-dealer. “The returns from the higher Provinces show a range of from 1 R. 10 as. to 2 Rs. 12 as. per maund as the price of landing good wheat in "Calcutta. Its average being 2 Rs. 1 a. 2 p., shewing an advance on the Calcutta rate before stated (1 R. 13 as, 4 p.) of 3 annas and 11 pie, or a loss of more than 12 per cent.” The Committee further observe, “Besides this, the residents of the higher Provinces being themselves large wheat consumers, we can hardly expect perhaps, for some time to come, that much wheat will be drawn” thence for export. The greater cheapness of the wheat culti- vation of the lower Provinces is due in a great measure to its being carried on in the land, near the banks of rivers, which has been inundated during the rainy season, and has not there completely dried up. The greater dearness of the North West- ern, Provinces seems to be chiefly owing to the greater expense of irrigation, as two or three of the reporters state that the cultivation could be greatly extended and the price ºf wheat much cheapened, if the Ganges canal were completed. The cul- ture, though upon the whole careless, seems to give good returns, as the produce per acre of many villages is stated to be above 25 bushels per acre, of others as much as 42 bushels to the acre, and in one village of the Dooab the produce is stated to be as high as 83 bushels per acre. At the time that the above report was made, it was also calculated by others that the average cost of wheat at Calcutta being 1 R. 12 as. per maund, which at a rough estimate is about 28 shillings a quarter, and to which having added 25 per cent. for freight and other charges, the wheat could be landed in England for about 53 shillings a quarter. This was at a time when the best English wheats were sell- ing in England for 55 shillings, and the inferior kinds for 44 shillings a quarter. Both previous and subsequent to 1843, small quantities of wheat have formed a part of the export from India to England, and some has also been imported dur- ing the present year, but we are unacquainted with the details of any of the trans- actions. But it is evident, that, supposing it to be of such a quality that it is likely to travel well, it can only at the above prices be imported when wheat of the same quality is above 53 shillings a quarter. The quality of Indian wheat and the state Circular, No. 693. Sept. 18, 1847. V. Y- 4 E 294 CIRCULAR ORDERS, Circular, No. 693. Sept. 18, 1847. C —) Y were realized upon the whole produce, after paying all expenses+). O in which it can reach England from India, will be considered in a subsequent part of this paper. As the above information refers only to the Bengal Presidency, we have the “Notes on Indian Agriculture” by Dr. Gibson, which supply data for similar know- ledge respecting the wheat cultivation of the Bombay Presidency. He states, that “wheat is grown chiefly above the Ghauts in the Dekkan, Khandesh, and the Carnatic; also most extensively in Guzerat, even to the sea border. It is also ex- tensively raised in many level table-lands met with before the Ghauts, and often down to the flatter plains, and on such high levels, the same measure of grain is found to weigh about one quarter more than a similar quantity raised in the more The land best fitted for the culture, is the strong black soil, as it retains sufficient moisture to mature a crop even without the aid of after showers. plain country.” Rotation is “necessary and universally practised, but not always until two or three crops in succession have been taken from the ground.” The crop is valued not only on account of the grain, but also for the chaff, which “is carefully set apart as a most necessary provision for bullocks, and stored until the season when other pro- vender is scarce.” Of the best varieties, the bakshi is always raised on irrigated, and the daood khani as “a dry crop fitted only for the best soil.” does not generally exceed 1200 pounds (20 bushels) per acre, and is most fre- The price varies “from 60 fts. to 90 ſhs. per “The produce quently short of this quantity.” Rupee, i. e. it may be said to vary from 10 shillings to 16 shillings per quarter.” We have further information from a Government experiment made in 1843 by Dr. Burn in Broach. In consequence of a portion of land under cotton cultivation having been thrown out of culture by excess of moisture, about 23 acres of land (46 beegahs) were sown with wheat in November, and reaped by the middle of March. The produce was “742 ths. an acre, or, taking the bushel at 60 lbs., 12 bush- els and 22 Tbs. per acre.” The expenses of culture, including land rent, were Rs. 532-10-3. A portion of the produce (the inferior wheat and chaff) was sold at Broach, for Rs. 59-14-8: if the remainder had been sold there at the market price of Rs. 10 per 656 Tbs., the sum would have amounted with the above Rs. 59-14-8 to Rs. 277-142; entailing a loss of Rs. 254-12-1 upon the whole expenditure, or Rs. 5 8-7 upon each beegah, (though anticipating, it may be here stated, that Rs. 157-2-0 About 30 quarters of this wheat were sent to Bombay for shipment to England, as one of the objects of the experiment was to obtain definite information on the exporting of wheat from the West of India. The following expenses were incurred. * Wheat grain, rate of cost. Per kulsi of 656 lbs. Per quarter of 480 lbs. Cost of cultivation, ... . . . . . . . . . . . . . . ..................... 21 l l 0} 15 lº l l Packing and shipping–Broach to Bombay, .................. 4 8. 2; 3 4 10} Shipping, Insurance, &c. Bombay, ........................... 2 7 3} 1 12 83 Freight to Liverpool, . . . . . . . . . . . . . . . 9 13 93 7 3 6 Total Company’s Rupees, ... . . . . . . . . . . . . . . 38 8 4 28 3 () * The original in this and some other passages, is obscure. SUDDER BOARD OF REVENUE. 295 Dr. Burn states: “If the above sums be correct, then 56 or 57 shillings per quarter (the rate of exchange being about 2 shillings) will be about the cost of the grain in Liverpool, duty unpaid.” But it must be observed that at the same time that this wheat cost Rs. 21-11-0% per kulsi, wheat of the same quality was selling at Broach for Rs. 10 per kulsi of 656 the. This Dr. Burn explains, by “the matives having no pecuniary charge for labourers, &c.” and says that “Rs. 10 per kulsi, although it admits of but small profit to the native cultivator, would allow of the grain being landed in Liverpool at Rs. 26-13-3% per kulsi, or Rs. 19-10-2 per quarter,” that is, under 30 shillings a quarter. But in 1845, when Dr. Burn was directed to make a fresh experiment for Government, by merely purchasing wheat at the market price and sending it to Bombay for shipment to England, he writes on the 10th March, 1846, that he “was forced to relinquish the attempt from the too high price of grain,”—it being then Rs. 22 per kulsi, in consequence of a bad season (or more than 4 shillings per bushel without all the expense of freight, insurance, &c.) The wheat sent to Liverpool having been partly damaged, was sold there for 5 shillings per bushel, for the sound, and 3s. 6d. for the “unsound portion of it, the average price of wheat in the London market, at the same period, being 6s. 10d. per bushel.” The results of this experiment were certainly discouraging, as stated in the letter of the Court of Directors, 16th July, 1845, to the Governor in Council at Bombay. The Chamber of Commerce also of that place gave the opinion that “the experiment had turned out very unsuccessfully ;” and on the 24th December, 1845, “they hardly think that, in the present state of matters, any mercantile firm would be disposed to export wheat to England as an experiment, since the risk of failure would be greater than any measure of success likely to be attained would justify it in incurring.” Wheat is also cultivated in Mysore, as described by Dr. Buchanan, and in other parts of the Madras Presidency, but I have been unable to obtain any recent infor- mation on the subject. It is extensively cultivated in some parts of Scinde, but especially in Upper Scinde, where the grain is said to be cheap, but I am unacquainted with its exact price or the expense of conveying to Bombay. In connection with the price, a very important consideration is the state in which wheat can be landed in England. It is well known that even from the south of Europe and from Egypt, wheat is sometimes received in a damaged state from the destructive inroads of the weevil; but it is also received in a sound condition from the greater distance and longer voyage from Taganrog and Odessa. So from India it has often been received in so damaged a state from the inroads either of the rice weevil (Calandra oryza,) or from the granary weevil (C. granaria,) that it is generally considered hopeless to send it in a sound condition. Mr. Wood of the Strand Mills, Calcutta, however, states that when at Sydney, he was in the habit of receiving large quantities of wheat from Calcutta, and grinding it; and has known it after a passage of 72 days, and being 4 months stowed in a godown, to be quite free from weevil or fly. I have myself received samples of wheat which have been Circular, No. 693. Sept. 18, 1847. U J Y 296 - CIRCULAR ORDERS, Circular, No. 693. Sept. 18, 1847. * - —) -Y- g Q shipped in considerable quantities and arrived here in a sound condition. The Agri- cultural Society of India state, “we have, however, proof that wheat, properly cured, has lasted under much exposure, for upwards of 18 months, that it has been sent to England, and returned to this country in good condition; and has obtained a remunerative price, and borne a fair comparison with British and other European produce.” So in Dr. Burn’s experiment, it is stated, “the grand point to decide was, can wheat from Bombay be landed at Liverpool in a sound state, that is, free from weevil or not 2 and so far as is shewn by the reports in the present trial, this question has been satisfactorily answered in the affirmative.” Flour, it is well known, has been sent in considerable quantities from Calcutta to England, but this usually arrives in a sour state, when it answers admirably for sizing. The best practical rules for sending wheat appear to be, first exposing it sufficiently that the grain may become hardened, taking care at the same time to keep it from old store-houses or old sacks, where the weevil chiefly abounds; having it carefully cleaned;—and I am told that it is essential to have the grain unmixed with other varieties—also not to ship too large a quantity in one vessel, as it is apt to heat ; and also to avoid shipping in moist weather. Besides these points, it is of still greater importance to select only the best and heaviest wheats for shipment. The most important point, however, to ascertain respecting Indian wheats, is their quality in comparison with others met with in the English market. Though several varieties are known, they seem all to be derived from Triticum vulgare, or common wheat. Dr. Buchanan, however, does mention Triticum monococcum and Triticum spelta as being cultivated in Mysore. The most common varieties are the white and red wheats : the flour of the first is in some places much esteemed, but in others the red wheats are considered the most nutritious. Of the varieties of wheat (about 20 in number from different parts of India) in my possession, the finest specimens both of white and of red wheats of India, are those sent by Colonel Ouseley to the Agricultural Society of Calcutta, and which were produced in the inland Districts of the Nerbudda valley. Of the five varieties sent, two were excellent speci- mens of their respective kinds, and may therefore be adduced as samples for com- parison with other Indian wheats. No. 5, called pissee, but doodea in Calcutta, is a white mealy wheat, considered both in Calcutta and London to be an excellent sample of a soft white wheat, and worth at present about 90s. a quarter in this country. It weighed 68lbs to the bushel, and being considered equal to the best English wheats, is no doubt the kind best suited for export to this country, the more especially as in the country where it is produced it is considered inferior, less nutritious, and sells for only 3 rupees for 200 seers; while another kind, the julalya, sells for 4 Rs. 4 as. for the same quantity. This julalya, called gungajelly in Calcutta, is No. 1 of Colonel Ouseley’s wheats. It weighed 611bs to the bushel, and is an excellent specimen of a hard wheat, worth at present about 80 shillings the quarter, finding a ready sale, at the same time that it travels well. As a proof, it may be mentioned, SUDDER BOARD OF REVENUE. 297 Note:-The efficacy of precautionary that the specimen, though sent by Colonel Ouseley º .*.*.*.*.*.*... in June, 1848, is still in excellent order. Of the tºº.º.º. other kinds, No. 3 or satya, and No. 2 or kuya see an expellent account by Mr. Curtis are not considered desirable for shipment as being (ºr: ºil.’ º; '', mixed, though both weighing 60ths to the bushel Agri-Hortiful*al Socy, of India, 1846, and therefore likely to travel well. No. 4 or Ap. pp. 148–155. g tº sohalya is considered too light, weighing only 57%fbs to the bushel, that is, about the same weight as Egyptian wheat and in other respects also most like it. The Mooltanee wheat in my possession is considered a thin and flinty wheat, which would probably not be esteemed here, though it is thought highly of in Northern India. The Indian wheats partake in general of the characteristics of the hard wheats of warm countries, such as Sicily and the Crimea. This hardness is probably due to climate, but being a characteristic of those wheats which contain the largest proportion of gluten, so far from being an objection to such wheat as an article of diet, is actually its strongest recommendation because an indication of the presence of much nutritious principle. The prejudice may therefore be expected to disappear with the increase of information. Of the Broach wheat sent by Dr. Burn, the Liverpool brokers say, it is “very similar in quality and value to what is grown in Sungrum and Patras, and which cannot be purchased in those countries under an average of 22 shillings per quarter.” They also say, “this is used for mixing in bread stuffs, and also for sizing purposes, the demand for which is yearly increasing.” The public will, however, become accustomed to these more glutinous wheats, as more of those of the south of Europe and of America are imported into this country, to all of which the generality of Indian wheats approach nearer than to chose of Great Britain. In conclusion, it may be stated, that the opinions given by Mr. Bois, whom I consulted here, coincided with those of Mr. Haworth of Calcutta.--(Trans. Agri. Soc. of India, 1843, pp. 450 and 538.) FORM. &4–4 2– # = |* : + š | 8 || 3 g, #3 S : E c ſº cº dº Q2 | do Q} ~ s B: # = .92 g': .S. “ gº -5 G &l- Cl2 .* $3 tº ; , C e cº ă ş O # = Ti . . .3 ** Tº ; : # 3 ||35 |* = | ##| | # 5 || 3 # # |# a. g g tº gº 2- gº N ſº District. ‘s 3 ||= , = s = | * * |} à # | 3 a Remarks. cº, sº tº & P- cº Gº-e & 3– * > * > . 3. tº 's £ Tº dº | 3 B- O P-n co 4–2 fº -º-, ‘F : : 5 § 3 - # 5 |###| 3.5 # 3 |# 5 #| | | * g = 3 # 3 & 2 : : ; ; ; ; ; ; ; ; ; ; ; 3 || 3 ||3: º 3 # = # 3 So 3 ||3: E \; 2 & § 3 | p q > ~~ 3 O 5 & 5 P. ſº g wº &xx #. consulting with the several Collectors subordinate to you, XXIX. of l 14. & * tº g º tº xix. of i817. you will favor them with your opinion of the omissions, XX. of 18 l 7. tº g tº { } viii. of igig. additions, and amendments required to improve and render II. f 1821. tº ºn Wii. . iś more complete—first, the Law and process of distraint and XIV. Of 1824. gºve w ſº *†. . . sale for arrears of rent, and second, the Law and process of VII. Of 1832. summary suits to recover arrears, or contest exactions, of rent. RULES OF PRACTICE FOR THE CONDUCT OF SUMMARY SUITS, PROPOSED BY THE DEPUTY COLLECTOR OF CHUMPARUN, WITH EXPLANATORY NOTES. Rule 1. plaint the abstract of his claim, and at the foot of it, the names of his witnesses, Every one wishing to institute a summary suit, will mention in his detailing the particulars of the debt on a separate paper, signed by the Putwaree. These two papers will be presented, with the tulubana required according to the fixed rates of the District for the issue of the dustuck, to the Nazir, who will write on the upper cover of the petition—“The tulubama has been deposited, date ” and return the papers to the bearer, who will then file them in the summary suit serishtah, where an order for the issue of the dustuck and ishtihar will be written, and presented to the Collector for signature. e Note.—It seems to me pure waste of time for a Collector to receive and peruse petitions like the plaint in a summary suit, upon which one only order can be passed, and which must afterwards be studied by him as a portion of the suit: I would therefore allow all such to be delivered into the serishtah. But whereas great delay often occurs, and reports from the Nazir are rendered necessary in consequence of the plaintiffs neglecting to deposit tulubana, No. 704. Misc. DEPT. Circulating Rules of Practice, pro- posed by Mr. El- liott, for conduct of summary suits, and inviting sug- gestions for im- proving the Law and process of dis- traint and sale for arrears of rent, and of summary suits to recover arrearS or contest exactions of rent. 312 CIRCULAR ORDERS, Circular, No. 704. March 9, 1848 \– -Y- J I propose that no plaint be received without A certificate of that deposit. This will save much trouble ; it can in no wise injure the plaintiff, and will greatly expedite the first steps in the case, and thereby necessarily reduce the average period required for the decision of these suits. Rule 2. To the peadah sent for the defendant, both dustuck and ishtihar will be delivered. If the defendant be not found, he will issue the ishtihar; and, on his return, the Nazir will certify on the back of the dustuck the absence of the defendant and the issue of the ishtihar; and if the defendant be still absent at the end of 15 days, the Nazir will certify that fact on the back of the ishtihar, which he will file with the usual receipt. Note.—I do not think that the most scrupulous can consider the simultaneous issue of the dustuck and ishtihar illegal; and, if it be not so, it is a manifest saving of all the time now consumed in the return of the peadah from the Mofussil, the issue of fresh orders, and his second arrival at the defendant's village, whilst the plaintiff will have to pay just one half the present charge for these two processes. Rule 3. If the defendant be found on the issue of the dustuck, the Nazir will, on his reaching the Court, give the ishtihar to him, taking his receipt in order that he may comply with the requisition for cash deposit or security, and file his defence either personally or by attorney, within 15 days from that date. Note.—My remarks on Mr. Beaufort's proposed Rule 8 will shew the difficulties which a defendant may have to undergo, and in consideration of which I think 15 days only a reasonable time to allow for the preparation of a reply. Rule 4. On the arrival of a defendant the plaintiff’s attorney must immediate- ly deposit diet allowance, at the rate of one anna per diem, for the remaining portion of the current English month; and on the last day of each month, he must pay in diet allowance for the next month. In default of the first or any subsequent payment, the Jail Darogah will bring the defendant before the Collector for instant release. Note.—By paying up at first only to the end of the month, much trouble may be saved to the Jail Darogah and to the attornies of plaintiffs, as it will become a fixed rule that all diet money is to be paid on the last day of the month, and that, in default of such payment, the defendant will certainly be released the next morning. ºp Rule 5. Every security bond must be presented to the Nazir with the tulu- bana of the peadah to be sent to investigate its validity, and must then be taken with the Nazir's certificate to the summary serishtah, where the customary order will be written and presented to the Collector for signature. Whilst the validity of the bond is being tested, the defendant may, with the sanction of the plaintiff, be left at liberty in charge of any one of the regular mooktears of the Court whom he may have employed, on that person’s giving a receipt for him on a stamp paper, of eight annas value, which receipt will be held binding on the giver to produce the defendant or to pay the demand, failing in which his property will be distrained to make it good. SUDDER BOARD OF REVENUE. 3] 3 Rule 6. The reply—at the foot of which the names of the defendant's wit- nesses are to be specified—must be presented with the tulubana for the subpoena for defendant’s witnesses (as directed in Rule 1 for the plaint) within 15 days after the appearance of the defendant, and no reply without tulubana will be received, excepting in the cases provided for in Rules 8 and 11. Rule 7. The plaintiff will be required to deposit tulubama for the issue of his subpoena within three clear days after the arrival of the defendant in the Court, if brought up by the dustuck; or, if he be not then seized, within three clear days after the expiration of the term of the ishtihar. Rule 8. If either party engage in writing, in the plaint or reply respectively, to produce his own witnesses, he need not deposit tulubana, but no subpoena for those witnesses will afterwards be allowed, if he shall represent himself as unable to fulfil his intention. Note.—This restriction is absolutely necessary to prevent the parties making an engage- ment which they have no intention of fulfilling, and set forth merely to create delay. Rule 9. When a subpoena on either side is issued, the witnesses must be pointed out without delay to the peadah, who is required to return within the prescribed period; and if any party agree to bring up his own witnesses, he must do so within that time; and no longer term which he may mention in any receipt or other paper will be allowed. If for any special reason, such as the illness or absence of a witness, an extra period be absolutely necessary, a petition to that effect must be presented to the Collector, who will issue the requisite order. The documentary evidence of all parties concerned must be produced on or before the date on which the evidence of their respective witnesses is taken in writing. Rule 10. Whenever a Collector may have reason to suppose that a false, or malicious, or exaggerated demand has been made, he may call upon the plaintiff [for a detail of the extent, and boundaries, and quality, and rate of assessment of the lands for which the arrear is claimed, and also require him] to pay, according to the fixed meetids of the District, one Rupee per diem for an Ameen to be deputed by the Court to measure and assess the lands aforesaid. The Collector may also call upon the parties to bring forward any oral or documentary evidence that may seem to him needful for the elucidation of the case, over and above any that may have been voluntarily offered by the parties concerned. The defendant, or any interposing party who may appear to be vexatiously disputing a reasonable demand, may also be called upon, at the discretion of the Collector, to pay for the deputation of an Ameen. - Note.—In the last clause of my remarks on Mr. Beaufort's Rule 6, I have mentioned that I do not hesitate to adopt the plan here recommended, when I find it necessary; but, if mew Rules are to be issued to assimilate the practice of the Courts, I think this should be one. The people here did not like it at first, but now freely acknowledge its usefulness, and I could not have a better proof of its working well, than the fact of my now being very seldom com- pelled to resort to it. Circular, No. 704. March 9, 1848. \ J 4 K 314 CIRCULAR ORDERS, Circular, No. 704. If Mr. Collector Sandys’ proposal, that the plaint should invariably specify in detail the March 9, 1848, lands on which arrear is claimed be adopted, that order may be inserted in my first Rule, and −y- the portion of this Rule No. 10, which I have included in brackets may be omitted. But it appears to me that this Rule will answer all the purposes of justice, and will prove less trouble- some in its working than that proposed by Mr. Sandys. Rule 11. If a defaulter, having been seized, and, by reason of inability to furnish security or deposit cash, confined in Jail, shall evidently be unable to adopt measures for his own defence, the Collector may receive his reply on plain paper, and require the plaintiff to deposit tulubana for the subpoena of the defendant’s witnesses, which will of course be charged on the decision of the suit to the losing party. Note.—A Rule of this kind appears to be required, as cases sometimes occur in which the main object of the plaintiff seems to be to eject a tenant from his land, from mere malice, or with a view to a more profitable arrangement for the land held by him. Rule 12. These Rules for the conduct of summary suits in regard to arrears of land-rent, shall be held to apply and be in force, so far as they may be applicable, to all summary suits cognizable by a Collector, and any party failing to adhere to the practices herein enjoined, will, at the discretion of the Collector, subject his case, if a plaintiff or other claimant, to be struck off the files, and, if a defendant, to be decided exparte. - Rule 13. The title Collector above used is to be understood to signify the Collector or any other Officer, vested, pro tempore, with the power of deciding sum- mary suits. * Diary of parties in attendance in the Court of the Collector of Names of parties Case in which concerned. Date of and designation, Name of Date of º whether plain- Mook tear of deposition or Date of *** | tiff, defendant or party named examination. discharge. witness. Plaintiff. Defendant. in column 2. SUDDER BOARD OF REVENUE. 3] 5 NO. DCCW. TO THE COMMISSIONERS OF REVENUE. March 29, 1848.-No. 7. J THE Rules in force for providing for the charge of a Collector's Treasury, and the performance of the current duties of his office, on occasions of his vide Govt. orders of 7th May, 1821, ’temporary absence in the interior of his i.” "...º.º..."; District, having been found in practice to be 24th November, 1841, No. 32. attended with inconvenince, the Sudder Board of Revenue are pleased, with the sanction of Government to direct, in super- session of the existing Rules, that in future, whenever a Collector desires to proceed to the interior of his District on duty, he shall apply for the sanction of the Commissioner, reporting at the same time the arrangement he proposes to make for the charge of his Treasury and the performance of the current duties of his office during his absence. 2. The arrangement which the Commissioner may sanction is to be reported” by him to the Board, for the information of Government and publication in the official Gazette. Jo NO. DCCVI. TO THE COMMISSIONERS OF REVENUE. Márch 28, 1848. No. 8. | AM directed by the Sudder Board of Revenue to forward to you here- with, for communication to the Collectors of your Division, the accompany- ing copy of a letter, No. 380, dated the 22d instant, from Under Secretary Mr. Seton Karr, and of its enclosures, relative to the assistance to be afforded to Captain Kittoe in his researches as Government Archaiologist. 2. You will be good enough to attract the particular attention of your subordinates to the 2d paragraph of Mr. Seton Karr's letter. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 380, dated 22d March, 1848. I am directed by the Right Hon’ble the Governor of Bengal to transmit copy of a letter from Mr. Secretary Bushby, No. 206, dated the 19th ultimo, with its * Date of arrangement taking effect to be also reported—C. O. 10th April, 1849, No. 11. No. 705. Misc. DEPT. Course to be fol- lowed in providing for the conduct of the current duties of a Collector’s of. fice, during his temporary absence in the interior of his District. No. 706. Misc. DEPT. Assistance to be rendered to Capt. Kittoe, Govern- ment Archaiologist, in his researches. 316 CIRCULAR ORDERS, Circular, No. 706. March 28, 1848. \ Y- J enclosures, and to request, that, as directed by the Supreme Government, you will issue instructions to the local Authorities subordinate to the Board to afford Captain Kittoe the assistance required in his researches. 2. I am at the same time desired to request that you will impress on all such Officers the necessity of keeping strictly within the bounds of the Law, and of care. fully abstaining from any measures which may injure the rights, arouse the hostility, or offend the religious prejudices of the native population. FROM THE SECRETARY TO THE GOVERNMENT OF INDIA, TO THE SECRE- TARY TO THE GOVERNMENT OF BEN GAL. No. 206, dated 19th Feb., 1848. I am directed to forward to you the accompanying copy of a letter from Captain Kittoe, dated the 8th instant, No. 2, and to request that the Right Hon’ble the Go- vernor of Bengal will be pleased to issue to the local Authorities under the Bengal Presidency, instructions in accordance with the Circular letter annexed to Captain Kittoe’s communication. It should be understood that no figures or objects of any kind should be removed without the official consent and authority of the Magistrate of the District. 2. You are also requested to instruct the Inland Steam Navigation Depart- ment to afford such assistance to Captain Kittoe as can be rendered without inconvenience to the public service, for the conveyance to Calcutta of such speci- mens of sculpture as Captain Kittoe may from time to time desire to transmit. FROM CAPTAIN KITTOE, ARCHAIOLOGIST, TO THE SECRETARY TO GO- VERNMENT, HOME DEPARTMENT. No. 2, dated 8th Feb., 1848. In reply to your letter, No. 104, of the 29th ultimo, I have the honor to state “The precise nature of the aid requir. (with regard to the first question) my wish for ed from local Authorities.” the local Authorities to exercise their influence in obtaining information according to the spirit of the Circular issued by Govern- ment at the close of 1844; however, the better to explain my meaning, I annex a draft for a Circular which can be curtailed or otherwise, as his Lordship the Right Hon’ble the Governor General may see fit. Recommends the use of convicts. Where such may be done without difficulty, I would recommend that the Magistrates be empowered to detach a gang of pri- somers to clear rubbish and expose objects of interest. By this arrangement much may be gained and at no expense to Government; for instance, in the vicinity of Gyah there are—1st, the two large caves of Barabur requiring to be cleared (Mr. Lautour the late Magistrate had promised to do this);-2d. the ruins of the Tope of Bukrour; 3d. the mound at Koorkihar;-4th, the caves of the stone Bundhar, Rajgriha –5th. the tumuli of Chillor near Sherghottee : I attach much importance to all these ; splendid specimens of sculpture could thus be obtained without cost, and without the slightest objection in any way. SUD DER BOARD OF REVENUE. 317 What freight I am likely to require. 3. The freight I am likely to require would be small as to space; it would not be necessary to send all at one time ; the amount might be limited. The specimens would remain at Dimapore with the steam agent, to be shipped at leisure ; the same at this place (Benares). For instance, I have obtained a valuable curiosity which I propose to send as soon as it shall have been cleaned; its mean measurement is 4× 'I', 6"+ 1", 6"=12 square feet at 1% maund to the foot, or 15 maunds weight. This is large in comparison with the generality of specimens I should have to send. . . Suggests public cattle being employed. 4. I would suggest that from Gyah to Di- mapore expense might be saved by commissariat cattle and tumbrils being employed. Objects intended to be sent shortly. 5. The objects I should first procure are several fine figures of Budha from the mound of Koorkihar, and one of Siva from that of Chillor, weighing 10 to 15 maunds each, of black chlorite, PROPOSED CIRCULAR. In accordance with instructions received from the Hon’ble the Court of Directors in their letter dated 27th January, 1847, and the Right Hon’ble the Governor General having appointed Captain Kittoe to the duty of investigating the antiquities of this Presidency, and of collecting such specimens of sculpture and objects of curiosity for the Hon’ble Court’s Museum, the removal of which would not be objected to by the inhabitants, I am instructed to request you will afford him the benefit of your influence with the native gentry and others in the furtherance of this object, and in procuring for him general information as to any antiquities, particularly inscriptions, existing within your District. R2 NO. DCCVII. TO THE COMMISSIONERS OF REVENUE. April 28, 1848.-No. 9. I N continuation of Circulars Nos. 19 and 22, dated respectively the 30th September and 14th December, 1847, I am directed by the Sudder Board of Revenue to communicate the following instructions for the guidance of the local Officers, in observing the pluviometers and registering the fall of rain,” and to prescribe the annexed form of Register wherein to record the results obtained as well from the pluviometers as from the thermometers. * For further observations on this subject, see C. O. 31st May, 1850, No. 30, and its accompani- In entS. Circular, No. 706. March 28, 1848. J Y- \ No. 707. Misc. DEPT. Instructions for registering fall of rain from indica- tions of pluviome- terS. º 4 L 3| 8 CIRCULAR ORDERS, º º 2. The scale of the pluviometer is constructed with reference to the pril 28, 1848. Y- J proportional diameters of the cup and reservoir, each division on the scale representing 1-10th of an inch. The quantity of rain which falls should be recorded in inches and decimals. Thus if the index be elevated to the 4th line, the quantity to be noted will be 0-40 inches; if only to 2% marks, the correct notification will be 0–25; and so on, calculating the divisions of the scale to one inch of rain, and estimating the fractional parts of each division as so many decimal parts. The height of the receiving cup of the pluvio- meter above ground should be recorded, and after every observation the instrument should be emptied, so that the zero of the scale may be level with the top of the cup. - Temperature of the Air. Rain-guage eleva- tion—feet. Days of the Month. Remarks. Sunrise. Noon. Sunset. Inches. No. DCCWHI. TO THE COMMISSIONERS OF REVENUE. No. 708. May 2, 1848.-No. 10. Misc. DEPT. - Personal respon- | AM directed by the Sudder Board of Revenue to forward to you here- sibility of Govern- ment Officers for * expenses of actions to you, a copy of a letter, No. 689, dated the 12th ultimo, addressed by the brought against them in Courts of Law. of Police, Lower Provinces, on the subject of the personal responsibility of Government Officers for the expenses of actions brought against them in with, for your information and for communication to the Officers subordinate Secretary to Government in the Judicial Department, to the Superintendent Courts of Law, for acts done in the discharge of their official duties. SUDDER BOARD OF REVENUE. 319 - O s FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SUPERINTENDENT OF POLICE, LOWER PROVINCES. No. 689, dated 12th April, 1848. I am directed by the Right Hon’ble the Governor to acknowledge the receipt of your letter, No. 583, of the 17th ultimo, in which you draw his Lordship's atten- tion to the position in which Magistrates and other Officers of Government are placed, when actions are brought against them in Courts of Law for acts done in the discharge of their official duties, in consequence of the system at present pursued of leaving them to defend themselves at their own expense in every case, and only reimbursing them after the conclusion of the trial, if from the facts then developed, it should appear that they have conducted themselves legally and properly in the matters which occasioned the action. - 2. After carefully considering the subject, his Lordship has come to the con- clusion, that it will be right that the Officers of Government so situated, should be relieved from the necessity which must often press heavily upon their means of ad- vancing the funds required for defending themselves against actions which may often be prompted by malice or litigiousness. 3. With this view, his Lordship has determined as the course to be pursued in such cases in future, that on the institution of any action against an Officer of the Government, for acts done in the discharge of his public duty, he should communicate the fact through the usual official channel, reporting all circumstances which may be necessary to enable the Government to arrive at a decision on the real merits of fhe case. If, on full examination into the case, and on a fair and reasonable inter- pretation of his proceedings, the Officer shall appear to have acted rightly, he will be directed to take the necessary steps to defend himself—the Government advancing the funds fiecessary for that purpose, to be refunded after the issue of the action is known, in case the circumstances then brought to light should prove the Officer to have acted improperly. If, on the other hand, upon examination of his case by the Government, his conduct shall appear to have been clearly wrong, he will be informed that the Government will not interfere, and that he must defend himself at his own charge. 4. Under such a rule as this, his Lordship conceives that public Officers will not be led to feel that they can fall back on the Government for defence in every case, whether their conduct have been right or wrong. They will be sensible that they can look for assistance only, when they may appear to have entirely deserved it, and therefore their sense of responsibility will remain as keen as heretofore. 5. Regarding Mr. Trotter’s case, which gave rise to your communication, his Lordship has been informed that the action against that Officer has been non-suited. Circular, No. 708. May 2, 1848. C Y- J 320 CIRCULAR ORDERS, No. 709. WARDs’ DEPT. Opinions invited upon proposition of Mr. Forbes, Col- lector of Rajshahee, of allowing guar- dians of minor wards of Court to select their own Pleaders for man- agement of suits in which wards of Court are concern- ed. NO. DCCIX. TO THE COMMISSIONERS OF REVENUE. June 3, 1848.—No. 1 1. WITH reference to the annexed copy of a letter from Mr. Forbes, the Collector of Rajshahee, to the address of the Commissioner of the Moor- shedabad Division, dated the 6th ultimo, No. 33, I am desired by the Sudder Board of Revenue to request that you will ascertain the opinion of the Collectors under your control, and report the same together with your own sentiments, on the subject of the expediency or otherwise of allowing guardians of minor wards of Court, to select their own Pleaders, in superses- sion of the prevailing practice under which the management of suits in which wards of Court are concerned, is considered to form a part of the duty of the Government Vakeel. 2. The point discussed is a difficult one, but the Board are disposed to think Mr. Forbes is right, it being understood that the Collector and Commissioner watch the proceedings of the guardian so as to prevent collu- sion as much as possible. The doubt is that the guardian will prove quite as likely to destroy as to protect the cause of his ward, and against this there should be some check. . - - O FROM THE COLLECTOR OF RAJSHAHEE, TO THE COMMISSIONER OF RE- VENUE, 14TH OR MOORSHEDABAD DIVISION. No. 33, dated 6th May, 1848. I have the honor to forward copy of an urzee of the guardian of Prosunno Narain Rae and other minors, on the subject of selecting one or more Vakeels to defend suits brought against the minors' Estate, and with reference to the 5th paragraph of your latter, No. 233, dated 31st July, 1846, I have the honor to request that you will refer the question of allowing the guardian to select his own Vakeels, for the consideration of the Sudder Board. 2. I beg to state that I earnestly recommend that the guardian shall be allow- ed to defend all suits brought against the minors' Estate, unhampered by any interference of the Collector further than requiring the guardian to keep the Court of Wards informed of his proceedings by filing copies of them with the Collector. 3. The Collector can have no knowledge of the habits, practices, acquaint- ances, servants, agents and customs of the minors’ father, and he has no means or opportunity of making himself acquainted with them : neither can he make himself acquainted with the practices and habits of the claimants on the Estate. The guardian however has it in his power to a very great extent, by secret contrivances, SUDDER BOARD OF REVENUE. 32 | to get a clue to the circumstances that attended every transaction, and from the Circular, No. 709. knowledge thus obtained he may often manage to maintain a good defence in a U. doubtful case, or in a case that he thinks it is his duty to defend. He has however in these cases to carry on a perfect game of fence which wholly depends upon secrecy and tact. The guardian that really desires to maintain the rights of his ward, will not trust the Collector or the Government Vakeel. He is afraid of the publicity that will be occasioned by communicating to the Collector the motives that have induced him to adopt the particular line of defence that he intends to follow, or he may be afraid that if he did communicate the motives that have induced him to adopt a particular line of defence, that the Collector might hesitate to follow it; and if the guardian has not confidence in the Government Wakeel, instead of explaining to him the particular nature and motives of his defence, he will do all in his power to keep him in the dark. 4. Whoever has paid attention to legal proceedings must be aware that it is often impossible to state the direct and principal objection to a claim, or to found the defence on it from the absence of some particular proof, or on account of some technical objection—and hence necessity arises for defending the suit by indirect means. It is thus in selecting the grounds of defence that the real skill of the lawyer is displayed; the drafting the replies and pleadings is, comparatively speaking, a mere mechanical act. If the guardian does not exert himself in a suit against a ward, the defence of the suit by the Collector is hopeless, as the Collector is utterly impotent from his entire ignorance of all the facts of the case. - 5. Moreover, the guardian is competent to defend a suit against his ward not only wholly independently of the Collector, but quite in a different manner to the course of pleading adopted by the Collector. It has, moreover, been determined by the Sudder Dewanny that it is not necessary for the plaintiff to serve notices on the Collector of a suit against a ward's estate. 6. I consider that the interests of the wards require that the Collector shall interfere with the guardian in suits against a ward as little as possible, and that the guardian shall be left to set up the defence that he thinks he will be best able to maintain, and that he shall be permitted to appoint the Vakeel that he thinks best capable of conducting the case, and in whom he may have most confidence. NO. DCCX. TO THE COMMISSIONERS OF REVENUE. June 28, 1848.-No. 12. - ON a review of the annual Returns of the several Revenue Divisions for June 3, 1848. Y No. 7 I 0. Misc. DEPT. Farther instruc- J the year 1846–47, it has occurred to the Sudder Board of Revenue to issue tions relative to 4 M 322 CIRCULAR ORDERS, Circular, No. 710, the following instructions, in amendment and extension of those to be found June 28, 1848. Y- —J ſº tº 2% in the Circular Orders noted in the margin, * * A v_d , s , A. v v e A v = as calculated at once to simplify and improve º " the Returns, and to facilitate the preparation from them of the Board's gene- ral Report to Government on the Revenue Administration of the Lower Provinces. - Statement A, column 13. 2. It will be sufficient instead of giving Statement B, column 14. the distribution of the balance outstanding from the settled and unsettled Muhals respectively, in the manner indicated in the Board's Circular of the 21st September, 1846, No. 26, to distribute only the total balance, observing the following form, and subjoining explanations as before directed. Balance as per column —. Distribution of the total balance. l 2 3 4 5 6 7 8 9 10 ~5 * ." & ſº +: } . tº g g g 33 5 tº —: ~5 O 2- * tº = E § S2 3 .9 o * - & e- ...: - E :- : rts *— & 2- .” District. à +. ă > § § * : Ti 3 3 | tº -- * → d *—s lºs C F q} cº; ; ; gº (l) > Cl) - 3 © S.X tº rº --> C - - 5: d -3 3 -> O .5 .3 =5 cº; cº; o - E – ſº ſº E- UD LVD CO ſº CD 8- Statement A, columns 16 and 19. 3. In statement B, two new columns t; 18. o g g & Statement B, column 18 are to be introduced immediately following column 21, viz. column 22, to be headed, “in other ways,” and column 23, to be headed, “total additions,” then will follow the present column 22, as column 24. - 4. In giving the details of the removals shewn in column 16 A, and column 18 B, and of the additions appearing in column 19 A, and new column 22 B, the classification and order followed at paragraphs 18 and 33, of the Board's general Report for the year 1846-47,” with a printed copy of which you have been furnished, is to be observed as closely as possible. * The order observed in the Report for 1848-49, which is the last that has yet been printed, and in which the details are more complete than in the Report for 1846-47, is as follows: STATEMENT A. Removals. Acquisitions. Transferred to statement B. By purchase. Transferred to other Districts. Churs, &c. decreed. Doubled up with other Estates. Traced by survey or measurement. Relinquished by authority. Transferred from statement B. Sold. SUDDER BOARD OF RIEVENUE. 323 g O tº & . Statement C. 5. The following form of statement C, slightly altered Cº. ". tº ſº tº e , 1848. from the existing one, is to be substituted for the latter. . \- UlD6 Y- J Settled regularly under Re- gulation VII. of 1822. Settled summarily. l 2 3 4 5 6 7 8 9 Period of A B A B employment. | Muhals. | Muhals. | Total. Muhals. Muhals. | Total. * * * Name of Set- District. tling Officer. ... • e wº & g e # | | | 3 || 3 | #| | | # | #| #| | | #| || 3 | # ſº # # | | | | | | | | | | | | | | #| | | | | | | | = | f |z| || 5 || 2 | f |z| || 5 || 2 || 5 || 2 || 5 || 2 || 5 Statement D. 6. Column 4 A of statement D, will now correspond with column 4, of the new form C, column 4 B, with column 5 C, and column 4 total, with column 6 C. Statement D, column 7. 7. The period of the settlements in the pending cases is to be exhibited in the following form. Settled more | More than More than More than More than Belonging to than 5 years. 4 years. 3 years. 2 years. 1 year. ** o # #|##| | |#|##| | | #|#| | |###| | | #|##| | | |#3 3 || 3 |5 #| 3 || 3 |5 #| 3 || 3 |5 #| 3 || 3 |5 #| 3 || 3 |5 # 3 || 3 |5 ; # # #"| 3 | # 3"| 3 | # 3"| 3 | # 3"| 3 | # #"| 3 | . ." Twice decreed. Transferred from other Districts. Twice entered by mistake. By subdivision of Estates. Diluviated. Escheats. Untraceable. Improperly excluded, or erroneously omitted. Removals. STATEMENT B. Acquisitions. Transferred to the Rent-roll. By resumption. Transferred to Statement A. By expiry of leases. Transferred to other Districts. Traced by survey or local enquiry. Incorporated with other Estates. By subdivision of Estates. Released in appeal in claim cases. Transferred from statement A. Relinquished, being under 100 beegahs. Transferred from other Districts. Relinquished under the 50 beegah order. Incorporated with other Estates. Expunged, untraceable. Erroneously omitted before. * Diluviated. Double resumptions. Erroneous duplicate entries, 324 CIRCULAR ORDERS, Circular, No. 710. June 28, 1848. \ Y. - O te Statement E, column 7. 8. The details of column 7, statement E, are to _j be given for each District in the form following paragraph 86 of the Board's Report, and the classification and order there observed is to be adopted as much as possible.* e - Statement of Summary Suits. 9. In lieu of the present final column in the statement of summary suits, for suits pending at the close of the year, the final column of the form observed in the Board's Report, following paragraph 104, is to be adopted.[ - 10. The following Rules, prescribed in reply to special references, are circulated for general information. e 1. Resumed Muhals the property of Government should, in common with all other Muhals the bonā fide property of Government, continue to be shewn in statement A, notwithstanding they may have been settled, tem- porarily or otherwise, and transferred to the Towjee, and when such Muhals become open to a new settlement, they should be made to pass through statements E, C, and D. - 2. Resumed Muhals, the property of individuals, which have been removed from statement B, as having been settled temporarily and transferred to the Towjee, should, on the expiration of the term of settlement, be again brought on statement B, and shewn in the new column 22, now prescribed, and made to pass through statements E, C, and D. * In the last printed Report (for 1848-49), the following classification is observed— Untraceable. Resumed Estates released on security, pending decision of appeal. Pending in appeal before Special Commissioner. Already released or otherwise disposed of. To be reported for release as being under 100 or 50 beegahs. Pending inquiry into claims. Estates twice resumed. To be reported as having diluviated. Entirely waste. Belonging to other Districts. Not liable during life time of present incumbent or performance of service. Total. + This form consists in sub-dividing the last column she wing the suits “pending at the close of the year” in the following manner. More than a year. More than six months. More than three months. Less than three months. Total. SUDDER BOARD OF REVENUE. 325 O 3. Any Muhal the property of Government, which the Government may sell outright, should as soon as sold, be excluded from statement A, Q and transferred to statement B ; or, if settled before sale, excluded altogether, until it is again open to settlement, when it should be brought into statement B, shewn in the new column 22, and made to pass through statements E, C, and D, as before. 11. To prevent the great inconvenience and delay occasioned when- ever informalities occur, or it is necessary to call for explanation of errors or omissions, your particular attention is requested to the correct preparation of your Report, to which end it is advisable that you should have before you when drawing it up, this and the Board's previous Circulars on the subject, together with their orders on your last Report, in order that you may, by care- ful collation at the time, satisfy yourself that the local Officers have observed in their Returns, and observe yourself in your Report, all the directions which have been issued for their guidance and yours. P. S. It is to be understood that the total for the whole Division is also to be exhibited in the several forms prescribed at paragraphs 2, 4, 7, and 8, by adding together the details shewn of the several Districts. • NO. DCCXI. TO THE COMMISSIONERS OF REVENUE, June 30, 1848—No. 13. * I AM directed by the Sudder Board of Revenue to instruct you, that the annexed amended forms of process in summary suits for rent, which have been approved by the Advocate General, are to be adopted in substitution of Nos. I. and IV. of the forms circulated with the Board’s letter of the 12th August, 1846, No. 22. 2. The more indulgent enactments contained in Clause 3, Section 15, Regulation VII. of 1799, as set forth in the original form No. 1, are to be applied by the Collector's Officer after the arrest of the defendant by the Sheriff, in execution of the process. No. I. REVISED FORM OF DUSTUCK. To Nuzzur Ally, Nazir of the Collector’s Office for the District of Nuddea. Whereas Baboo Kalachand, of Santipore, has instituted a suit in this Court against Sheik Goomanee, of Durrumtollah, in the Town of Calcutta, under the Circular, No. 7 10. June 28, 1848. J Y- No. 711. Misc. DEPT. Amended forms of process Nos. I and IV. in sum- mary suits for rent to be issued thro' the Sheriff of Cal- Cutta. Clause 3, Section 15, Reg, VII. of 1799. 4 N 326 CIRCULAR ORDERS, Circular, No. 71 l. June 30, 1848. \ Y- Section 4, Reg. XIV. of 1824. No. 712. Misc. DEPT. Farther direc- tions relative to the preparation of the annual Returns. O provisions of Regulation VII. of 1799, for the recovery of arrears of rent to the amount of Rs. 100, you are hereby authorized and commanded to require the said Sheik Goomanee either to give you good and sufficient security in the sum of Rupees — for his personal appearance before this Court, or to deposit in your hands the said sum of Rupees 100, together with the sum of Rupees as, and for the costs of this process to be paid by you into this Court, and in the event of the said Sheik Goomanee failing to give such good and sufficient security, or to make such deposit as aforesaid, you are further authorized and commanded to take the said Sheik Goomanee into custody and to bring him before this Court. Given under my hand and the seal of the Court, this — day of 18—. O (Signed,) A. B. Collector or Deputy Collector or Assistant or Uncovenanted Deputy Collector, as the case may be. N. B. The security bond should be in the same form, mutatis mutandis, as that executed by way of bail bond for the appearance of a defendant in a regular suit. Section No. 6 of forms of Sudder Dewammy Adawlut, Civil Process, appended to the Court's Circular of the 1st March, 1841. No. IV. WARRANT FOR THE APPREHENSION OF A WITNESs. To Nuzzur Ally, Nazir of the Collector’s Office for the District of Nuddea. Whereas Sheik Mungloo, of Durrumtollah, in the Town of Calcutta, was duly subpoenaed on the 24th day of August, 1846, to give evidence on behalf of Baboo Kalachand, of Santipore, plaintiff, and whereas Sheik Edoo peadah has declared to the due service of the said subpoena, and also that the sum of Rupees — was tendered to the said Sheik Mungloo for his expenses, and whereas the said Sheik Mungoo has neglected and refused to appear according to the exigency of the subpoena, you are hereby authorized and commanded to apprehend the said Sheik Mungloo and to produce him before this Court. In this fail not, dated this 18th day of September, 18–. (Signed,) A. B. Collector or Deputy Collector, &c. as before.. NO. DCCXII. TO THE COMMISSIONERS OF REVENUE. July 12, 1848.—No. 14. W ITH reference to paragraphs 124 and 141 of the Board's Report to Government on the Revenue Administration of the Lower Provinces for the year 1846-47, and in continuation of Circular No. 12, dated the 28th ultimo, SUD DER BOARD OF REVENUE. 327 D - I am now directed by the Sudder Board of Revenue to instruct you further as follows, on the subject of your annual Reports. - 2. A separate statement of the execution of summary decrees is to be submitted, immediately following the statement of summary suits, agreeably to No. 1 of the forms hereto annexed. The remarks on this statement are to be of the same mature as those prescribed in the Board's Circular of the 21st September, 1846, No. 26, for the statement of summary suits. 3. For the other business, not included in particular statements, per- formed in the offices of the several Collectors, the annexed form (No. 2) is to be adopted, in lieu of the one circulated with the Board’s letter above- mentioned. 4. Collectors will be particularly careful that the same case under the several specified heads is never counted more than once, the whole of every case, from its institution to its final disposal, being treated as one. 5. Under the miscellaneous head, only bonā fide cases, not provided for in any of the preceding columns, which require to be regularly investi- gated are to be entered, and not mere reports, and such like, requiring only a formal order for their disposal, and here also the same case is of course to be treated as one, from its commencement to its termination. 6. In the appendix to the form, under the head of “letters written and answered,” letters of advice, and other letters of mere form, and periodi- ca} statements, are not to be included, and under the head “proceedings written and answered,” only isolated proceedings, distinct from those belong- ing to any case, are to be entered. 7. As some Collectors have been in the habit of including, under the head of miscellaneous cases in the superseded form, the number of Treasury warrants issued, the signature of papers, the packing of treasure, and such like business, the Board desire to impress upon the several Collectors that only business of the descriptions actually specified is to be entered in the present statement, the instructions given in paragraph 5 in respect to mis- cellaneous cases, being carefully observed. 8. The statements now ordered are to be adopted in your Report for the past year 1847-48, and the form of quarterly statement of business performed by Collectors, prescribed by the Board's Circular of the 26th October, 1842, No. 25, should be altered for the future, that is, from the 1st quarter of the current year, in correspondence with the present instructions.” * The form has undergone further modifications, See C. O. 17th September, 1850, No. 65, and the form thereto appended. p Circular, No. 7 12. July 12, 1848. \- Y- J 328 CIRCULAR ORDERS, Circular, Nº. 712. 9. For the business performed in the Commissioner's offices, the annex- July 12, 1848. e July Y- J ed form of quarterly statement No. 3 is to be adopted from the current year, in lieu of the form supplied with the Board's Circular abovementioned, and you will be good enough also to transmit, at your early convenience, a state- ment in the new form, for the past year 1847–48, for incorporation in the Board's annual Report to Government for that year. 10. The Rules laid down in paragraphs 4 to 7 for guidance in the prepa- ration of the Collector's statement, are to be equally observed in the prepara- tion of the Commissioner's statement, and this latter statement is not to be altered or extended with a view to the introduction of any matters which cannot legitimately be classed under one or other of the specified heads. No. I. Statement of Evecution of Summary Decrees. l 2 3 4 5 6 3 P-, Pending at the close of the year. ©ſ) QD QX +: -- .# 3 cº 23 CD QX .5 || || 2p ~5 * | # #. Districts. ~3 oo •r Total. ‘s : gº 4–3 T. § - a . -d º: G 8 on e an e; ºr rº ~5 --> ºf 3 SS -º c --> Total. © -: | QX go * --> -º-, ºs ~ QX 2-0 *:: * U2 2–s $– g: --> - gº C >< ºn- QB oo C & q) CŞ QX C Q) O O Gl) gº Q- d.2 ; : Go *—s !-- Uſ) - * > > H Q1 § H- O *-ºs-ºs- - sº * sº • No. II. Business not included in the foregoing Statements performed in the Collectors’ Offices during the year from 1st May, 18–, to 30th ºr * April, 18—. z - – --ºr— 4 *** l 2 , 3 5 6 7 9 Pending at the close Instituted during e - tº e tº of the past year. the year. Total. Disposed of. § Remaining. 3 —º, Q4 Description of cases. Districts. ' Districts. Districts. Districts. # Districts. É Remarks. 73 . . ": so 3 s # # 5– E-4 1.—Sales under Regulation VIII. of 1819, . . . . . . . . 2.—Appeals against Revenue sales, referred by Commis- sioner for investigation and report, . . . . . . . . . . . . 3.—Pleadings in Government suits, e e º e < e e e º 'º a s a s a s 4.—Cases under Section 30, Re- * gulation II. of 1819, . . . . 5.—Butwarrah cases, tº º G & Cº º ve tº 6.—Dakhil Kharijcases, . . . . . . O 7.—Pension cases, . . . . . . . . . . 8.—Abkaree cases, tº e º & e º e º e a 9.—Stamp cases, . . . . . . . . . . . . 10 —Claims to money in deposit, 11. –Miscellaneous cases, . . . . . . Appendia. * e Reports from & & Number of Numb f N Letters writ- | Proceedings • ... Petitions heard N interest pay- ...”.” umber of Districts. ten and an. written and |* *** and order umber of Number of pension cer- malikana cer- dinates dis- * | drafts issued, drafts cashed ments on Go- tifi di ë ºve & Total. swered. answered. posed of thereon pass- & *|vernment Pro- * iºd 1S- tº: jº. ed. missory Notes. charged. charged. r. e-S =5 * -: 5 * 2 35 S § Si to b. e wº 330 CIRCULAR ORDERS, Circular, No. 7 i2. July 12, 1848. U Y No. 7 13. Misc. DEPT. The entire Ver- macular School fees in any one District not to be thrown into one fund, but kept separate. Board may sanc- tion disbursements of surplus fees. O No. III. J Statement of business performed in the Office of the Commissioner of in the — quarter of 18–. vºy : 9 & T-3 E #9e o •= - - - s: ~3 e Description of cases. so . . . . ‘5 so Remarks. # 3 | #3 Tº 5 ‘ā ā E = | * : | 3 || 3 ** # 3 | # 5 || 3 || 3 | # 3 5 tº 5 || 3: 1.—Appeals against sales under Act I. of 1845, 2.—Appeals of all other kinds against the acts or orders of the Collectors or other sub- O ordinate officers, . . . . . . . . . . . . . . . . . . . . 3.—Appeals to the Board against the orders of the Commissioner, presented direct to the Board or through the Commissioner, in which the papers or a report have been called for, . . . . . . . . . . . . . . . . . . . . . . . . 4.—Regular settlements , . . . . . . . . . . . . . . . . . 5.—Summary settlements, . . . . . . . . . . . . . . . . 6.—Butwarrah cases, . . . . . . . . . . . . . . . . . . . 7.—Petitions of suit under Regulation II. of 1814, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.—Cases under Section 4, Regulation III. of 1828, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.—Miscellaneous cases not provided for in any of the foregoing heads, . . . . . . . . . . 10. –Reports from native subordinates, . . . . . . ll.-Petitions, . . . . . . . . . . . . . . . . . . . . . . . . . 12.-Proceedings written and answered, . . . . . . 13.−Letters written and answered, . . . . . . . . . . 14.—Contingent and other bills checked and passed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . O O . NO. DCCXIII. TO THE COMMISSIONERS OF REVENUE. September 2, 1848.—No. 15. V V ITH reference to Circular Orders of the 21st January, 1846, No. 46, I am desired by the Sudder Board of Revenue to communicate for your information and guidance, that the Government have ruled that the whole Under date the 9th instant—letter of the schooling fees in any one District are not No. 701. to be thrown into one fund for the use, if required, of the Schools generally, but that each School is to depend on its own funds; and further, that the surplus fees of any Vernacular School may be dealt with under the authority of the Board, as is most for the benefit of the institution, either to remunerate the Masters, if deserving, or to supply SUDDER BOARD OF REVENUE. 331 J extra agency, if required; or, what is considered of greater importance, to relieve the Government from expenditure, and if possible, to make the School pay itself. NO. DCCXIV. TO THE COMMISSIONERS OF REVENUE. September 9, 1848.-No. 16. | AM directed by the Sudder Board of Revenue to circulate the following instructions for the future observance of yourself and your subordinates. 2. When settlements are made in execution of Resumption decrees, the analogy presented by the course followed in prosecuting the original suit should be observed : that is, when a Collector decides that any land claimed by a third party is included in the decree in favor of Government, the Revenue Commissioner should abstain from interference, leaving it to the dissatisfied party to appeal to the Special Commissioner. And, on the other hand, when a Collector gives up any land as not included in the resumption decree, he should submit his proceedings for the consideration of the, Revenue Commissioner, who, if he see fit, may appeal to the Special Commissioner against the Collector's order. NO. DCCXV. TO THE COMMISSIONERS OF REVENUE. September 14, 1848.-No. 17. | AM directed by the Sudder Board of Revenue to request that the half yearly statement prescribed by the 2nd para. of their Circular, No. 14, dated the 21st July, 1847, may be submitted, in future, in the annexed form. Circular, No. 713. Sept. 2, 1848. - Y No. 714. Misc. DEPT. Course to be followed when land claimed by a third party is included in a Resumption decree, and also when land is given up by a Collector as not included in the decree. No. 715. Misc. DEPT. Form of state- ment of percentage allowed to Govern- ment Pleader and Nazir, on sums realized by them in unexecuted de- CreeS. 399 *S*IGIGI*IO IVT (10^{IO Y –7 A. ‘8F8I ‘f I ‘3daS ‘g I Z ‘ON ‘IBIuou!C) ſ FORMI. Statement of percentage allowed to theGovernment Pleaders and Collectorate Nazirsof the -Division, under the ſae;Circular, No. 14, dated 21st July, 1847, on account of sums realized by them in execution of decrees of Court, jºom, the* &§ 3·& & -3„! 2！ CD<= _eſ§ 5 ğ§ 5Cl} ?3ğ Ë ë?ğ.”ğ.”$ $3� � Names of?By what au-Date ofQ)§ 5 ſă~~）;"$ º?• 8 Districts§3parties to the.ſºthority de-decisi3 ：ğ ğ №=': 'E5‘E ‘E5ä S* | "Esuits.;---:cided€CISIO (1.ſ-3* g. ģŹ3 €c3G>Remarks. cae �→ 92��cae„… № º… È«»E $2 <！--£E Eº „răŒŒ œ 5E dº w-5 ºp O±±3 ± .23 ..Sº º±23 L）. ►± ... *S.„） *=? * �©O ſ-º9 E ?Q. O $2 ºo , •3 go. Èc3 = } ż§§ $ | ¡ ¿ $ğ |#|#ē 8 | # #ž | § 8 - NO. DCCXXI. TO THE COMMISSIONERS OF REVENUE. No. 721. - º - Misc. DEPT. February 15, 1849.-No. 2. Report required ITH a view to the introduction of uniformity of practice in the matter on prevailing Sws- iº o tº * of lº. of leasing out Estates acquired by Government, by purchase or otherwise, Government Es- * When the regular incumbent is absent on leave, the Commissioner, in conjunction with the Legal Remembrancer, may appoint a substitute. C. O. 8th July, 1851, No. 23. SUDDIER BOARD OF RIEVENUE. 349 0 after measurement and ascertainment of their present assets and future capabilities, and when there is no person having a preferential claim to the lease, I am desired by the Sudder Board of Revenue to request, that you will ascertain and report under what varieties of system such Estates are, under such circumstances, given in farm—whether by public competition, or at the discretion of the Collector, and what are the considerations which regulate the choice in either case. 2. The advantages of farming by public competition are these. All jobbing, all favouritism, all intrigue and interference of the native Amlah are prevented, confidence is greatly increased, and he who has most means is likely to become the farmer. - The objections, on the other hand, appear to be the risk of obtaining a bad farmer ;-but it is no greater than is run in the case of every Zemindaree that is exposed for sale—and the apprehension that a party who has paid a high price will endeavour to reimburse himself by rack-renting;-but against this the ryots, if the settlement has been properly made, have been protected by pottahs fixing their rent. 3. It occurs to the Board that the best system might be to sell the lease, by public competition, to the person bidding the highest cash price for it, at the rent fixed by the Revenue Authorities, or to give it to him who publicly offered to take it at the least profit on the mofussil assets, giving adequate security for the performance of his engagement, and they request to be favored with your opinion on the subject. 4. You are also requested to forward a list of the Muhals in your Division which have been summarily farmed without any regular settlement having been made, in the form under-written. Circular, No. 721. Feb. 15, 1849. \ ) Y- Name of District. | Name of Muhal. Sudder Jumma. On what date leased. Period of lease. . tates, with exposi- tion of Board’s views of the most eligible plan. 350 CIRCULAR ORDERS, No. 722. MISC. DEPT. Interest on mo- mies ordered by competent authori- ty to be refunded, if payment be de- layed, chargeable to the Officer to whose neglect the delay is attributa- ble.—Notices to be served on parties entitled to receive money. No. 723. Misc. DEPT. Collector cannot review his judg- ment in a summary suit, nor can Com- missioner or Board authorize re-inves- tigation of a suit once decided. NO. DCCXXII. TO THE COMMISSIONERS OF REVENUE. 22, 1849.—No. 3. . ~5 February I AM desired by the Sudder Board of Revenue to circulate for your own information and for communication to your subordinates, that they have ruled that, in future, whenever improper delay takes place in the payment of money ordered to be refunded or disbursed by the Special Commissioner or other competent Authority, any interest which may be chargeable on the payment owing to such delay, shall be paid by the Officer in consequence of whose dilatoriness the interest accumulated.* 2. Whenever a refund or disbursement of money has been sanctioned, a motice should be served on, and at the expense of, the party entitled to receive it, requiring him to make immediate application for payment on pain of forfeiture of interest from a given date, which should be fixed with reference to the distance of the party's residence from the Collector's Treasury. - No. DCCXXIII. TO THE COMMISSIONERS OF REVENUE. March 1, 1849.—No. 4. | AM directed by the Sudder Board of Revenue to communicate for your information and that of the Collectors subordinate to you, that it has been ruled by Government, that a Collector cannot review his judgment in a summary suit, nor can the Commissioner or the Board authorize him to re-investigate a summary case, when once decided. 2. You will be pleased to instruct the Collectors of your Division to adhere to the above construction in their summary proceedings. * Reports to specify cause of delay and name of Officer responsible. See C, O. 21st March, 1851, No. 8, lithographed series. SUDDER BOARD OF REVENUE. 35] NO. DCCXXIV. TO THE COMMISSIONERS OF REVENUE. March 7, 1849.—No. 5. º &c. I AM directed by the Sudder Board of Revenue to request, that you will direct the attention of the Collectors of your Division to the decisions of the Court of Sudder Dewanny Adawlut noted on the margin, the precedents 1.—Sudder Board, Appellant, Qje?"S2/S Dilawur Allee, &c. Respondents. Dated 4th March, 1846, page 91, of Reports of 1846 2.—Government, Appellant, 2)07"Sº S Ramkishwur Dutt, Respondent. Dated 19th May, 1847. 3.—Hur Govind Ghose, Petitioner. 17th July, 1847, page 518, of Bengalee Gazette for 1847. therein laid down being of much importance to the Revenue Department. 2. In the case of Dilawur Allee, it is ruled that a Civil Court has no authority to interfere with the decision of a Resumption Court, not only as respects the validity of a grant, but also as respects the extent of land This principle is more fully carried out in the case of Hur Govind Ghose, in which it is distinctly laid down that in cases of mixed jurisdiction, that is, cases in which in declaring the right of assessment the Resumption Courts necessarily determine the proprietary right, resort to the Courts of Justice to contest the proceedings of these Courts is not allowable. 3. In the case of Ramkishwur Dutt, it is ruled that the decision of a Revenue Officer under Regulation IX. of 1825, declaring lands claimed to be held under a Mocurruree grant liable to assessment at the Pergunnah rate, cannot be questioned by suit in any Civil Court. 4. Distinct mention of Regulation IX. of 1825 should never be omitted when proceedings are held under that Law, and when Uncovenanted Deputy Collectors are employed in the measurement and settlement of lands, their final proceedings in each case should contain mention of their having been vested with power to undertake those duties under Section 21, Regula- tion IX. of 1833;-the Sudder Court having on one occasion called for infor- mation on this point, considering it necessary to establish the validity of the Deputy Collector's proceedings. 5. To prevent the possibility of misconception, I am directed to add, that the above observations have reference only to Section 5, Regulation IX. of 1825. They do not apply to cases under Section 2 of that Regulation. The decisions of Revenue Officers in cases coming under Section 2 are of course open to revision by the Civil Courts, as provided in Regulation VII. of 1822, subject to the limitation prescribed by Act XIII. of 1848, which Act refers to cases under Section 2 only, and has no concern whatever with cases under Section 5. covered by a grant. No. 724. Misc. DEPT. Circulating de- cisions of Sudder Court in three cases, ruling points connected with the Civil Court’s in- competence to in- terfere with deci- sions of Resump- tion Courts.--Dis- tinction in this respect between Sec. 5 and Sec. 2, Reg. IX. of 1825. cases, pointed out. CIRCULAR ORDERS, No. 725. Misc. DEPt. Instructions for preparation of Har- vest Reports. NO. DCCXXV. TO THE COMMISSIONERS OF REVENUE. March 7, 1849.—No. 6. O THE Harvest Returns submitted to the Sudder Board of Revenue by the local Authorities in conformity with the Circular, No. 5, of the 1st April, 1847, being in many respects dissimilar, and the information afforded defec- tive, I am directed by the Board to communicate the following instructions for the guidance of the Collectors subordinate to you in the future. prepara- tion of those Returns. 2. The 1st column of the Collector's Returns, as indicated in the form annexed to the Circular above quoted, should contain the name of the District. 3. The 2d column should contain the names in English, first, of all the principal products harvested within the half year reported on ; and second, the names of all the principal crops on the ground, and which would be harvested within the succeeding half year; and opposite each of the articles should be inserted, in the following (3d) column, as the case may be, plentiful, good, average, indifferent, bad, very bad, and promise well, rather indifferent, backward, very poor, &c. &c. tº 4. The 4th column should contain first such remarks as favorable, seasonable, rather too dry, too wet, and squally, &c. after which should come in the same column the “range of the thermometer,” in the following IIla Il Ile I’. May,. . . . . . . . . . . . from 87 to 93 June,. . . . . . . . . . . . from 83 to 89 July, . . . . . . . . . . . . from 84 to 92 August, . . . . . . . . from 85 to 88 September, . . . . . . from 85 to 89 October, . . . . . . . . from 80 to 85 And in the last column should be inserted the “fall of rain,”f as follows: - * For directions for placing the thermometers in the most convenient position for correct ob- servation, see C. O. 9th August, 1850, No. 52. t For the mode of observing and registering pluviometers, see C. O. 28th April, 1848, No. 9, and C. O. 31st May, 1850, No. 30. SUDDIER BOARD OF REVENUE. 353 Inches. May. . . . . . . . . . . . . . . . . 7. 10 June, . . . . . . . . . . . . . . . . 16.05 July, . . . . . . . . . . . . . . . . 6.80 August, . . . . . . ©e e s e s e e . 8.85 September, . . . . . . . . . . . . 10.50 October, . . . . . . . . . . . . . . 8.50 Total,. . . . 57.80 © Elevation of pluviometer, 2 ft. 6 in. 5. I am further directed to take this opportunity of requesting, that the Returns of each half year may be submitted to the Board within, at any rate, six weeks after the period reported on ; thus the Returns for the half year ending with the 31st May should be submitted by the 15th July following, while those for the half year ending with the 31st October should be sent in by the 15th December. No. DCCXXVI. TO THE COMMISSIONERS OF REVENUE. March 6, 1849.-No. 7. THE time of the Sudder Board of Revenue being frequently unnecessarily occupied in the disposal of appeals from Putwarees against the orders of the local Authorities removing them from their situations, I am directed to inform you, that the Board will not receive any more appeals in such cases, being of opinion that such disputes may safely be confided to the jurisdiction of Collectors and Commissioners. NO. DCCXXVII. TO THE COMMISSIONERS OF REVENUE. March 12, 1849.—No. 8. - A. CASE having recently been before the Sudder Board of Revenue, in which a Collectorate subordinate was allowed to “act” for a period of five years, and eventually was removed as an “acting” officer only, that circum- stance being adduced in support of his removal, I am directed by the Board to March 7, 1849. C- Circular, No. 725. J -Y- No. 726. Misc. DEPT. Intimation of Board’s determina- tion not to hear appeals from Put- warees removed by the local Authori- ties from their si- tuations. No. 727. Misc. DEPT. Practice of keep- ing officers “act- ing” for years, objected to. 4 U 354 CIRCULAR ORDERS, Circular, No. 727. March 12, 1849. —) Y \ INo. 72S. MISC. DEPT. Necessary con- tingent charges may be defrayed out of schooling fees of Wernacular Schools. No. 729. Misc. DEPT. Directing revi- sion of circular or- ders issued by Com- missioners, and prohibiting future issue of Circulars, without previous sanction by Board. request you will inform the Collectors subordinate to you, that they consider it exceedingly objectionable to keep men “acting” in situations for years, and they desire that those officers be instructed invariably to report their subordinates for confirmation, after having tested their fitness by a reason- able period (say one or two months) of probation. No. DCCXXVIII. TO THE COMMISSIONERS OF REVENUE. . March 15, 1849.-No. 9. WITH reference to the Circulars noted on the margin, relative to the ap- propriation of the Government Vernacular School fees, I am directed by the Sudder Board of Re- venue to intimate for your guidance and for communication to the Collectors of your Division, that Government have now ruled, under date the 6th instant, No. 152, that necessary. contingent charges,” such for instance as the purchase or repair of tables, &c. &c. should be defrayed, if possible, out of the schooling fees of each institution. No. 4, 29th January, 1846. No. 10, of 24th March, , , No. 16, of 21st August, 1847. No. 15, of 2d September, 1848. -º-º->s- No. DCCXXIX. TO THE COMMISSIONERS OF REVENUE. March 15, 1849.-No. 19. THE Sudder Board of Revenue have reason to believe that the circular instructions which the several Commissioners have from time to time issued to their subordinates, enjoining rules or modes of procedure in matters relating to Revenue administration, differ widely from each other even when they relate to the same subject, and they are desirous of assimilating, as much as possible, the practice in every Division and District subject to their control. 2. To enable them to carry out this intention, I am desired to request that you will revise all the Circulars issued by your predecessors or yourself, striking out whatever may, in your opinion, be not worth retaining, or which * Board’s sanction necessary on bills certified by Commissioner. No. 16. See C. O, 20th April, 1849, SUDDIER BOARD OF RIEVENUE. 355 from the altered state of the Revenue Laws may have ceased to be applicable, and submit to the Board a carefully arranged analysis of the rules which you may consider to be worthy of being generally adopted. After comparing the rules current in the different Divisions, the Board propose to frame one set for all, and they desire that in future no Circular may be issued by you without their sanction previously obtained. 0. NO. DCCXXX. TO THE COMMISSIONERS OF REVENUE. April 10, 1849.—No. 11. | AM directed by the Sudder Board of Revenue to request, that in report- ing to them for the information of Government and publication in the Calcutta Gazette, the arrangement which, with reference to their Circular Order of the 29th March, 1848, No. 7, may be sanctioned by you for the conduct of the duties of a Collector's office during the absence of that Officer in the interior of his District, you will be careful invariably to mention the date from which the arrangement takes effect. NO. DCCXXXI. TO THE COMMISSIONERS OF REVENUE. April 10, 1849.-No. 12. IT has come to the notice of the Sudder Board of Revenue, that Collectors are in the habit of indenting for lithographed forms without any check, and that different forms are in use for Returns which are identical. They consider it desirable, therefore, to introduce uniformity in this matter, and are pleased to direct that in future no new lithographed form shall be adopted without their sanction previously obtained. 2. To enable the Board to carry out this intention, I am desired to * e request that you will call for specimens of all the lithographed forms (whe- ther of periodical Returns strictly so called, or miscellaneous letters and statements, English and Vernacular) in use in each of the Collectorates of Circular, No. 729. March 15, 1849. U J Y. No. 730. Misc. DEPT. Date of taking effect of arrange- ments sanctioned by Commissioners for charge of Col- lectors’ offices to. be reported. No. 731. Misc. DEPT. Revision of li- thographed forms in use directed. No mew forms to be indented for without Board's previous sanction. 356 CIRCULAR ORDERS, Circular, No. 731. April 10, 1849. \ - Y- –2 No. 732. Miisc. DEPT. English corre- spondence to con- tain all necessary particulars to elu- cidate the subjects treated of, without reference to ver- nacular papers. your Division. If, on carefully comparing them, any forms should be found which are useless, the employment of them should be at once prohibited. Should different forms be found for Returns which are identical, you will select the best, and forward specimens of such forms as ought, in your opinion, to be retained for the Collectors’ offices, as well as for your own, to the Board. 3. On the receipt of the forms from each Commissioner, the Board purpose to have them collated in their office, to reject such as may appear unnecessary, and to select the best, when the forms in use in any two or more Divisions of the same Return are found to differ. The forms, when approved, will be sent to the Superintendent of the Lithographic Press, and that Officer will be strictly prohibited from furnishing any other without the sanction of the Board. 4. You will bear in mind that every form submitted by you to the Board should be carefully docketed, its use, name, and the number ordina- rily required in each year, being at the same time noted. As it is obviously necessary that the return to the present requisition should be carefully prepared, the Board desire that you will on no account devolve the duty on any subordinate officer of your establishment. NO. DCCXXXII. TO THE COMMISSIONERS OF REVENUE. April 10, 1849.-No. 13. W T HE Sudder Board of Revenue have observed, that some Collectors are in the habit of making allusion in their English reports and letters to Com- missioners, to the contents of vernacular documents, instead of describing briefly the purport of them in English ; I am therefore desired to request, that you will point out to your subordinates, that though it may in many cases be proper to submit vernacular proceedings for reference, if necessary, as well as in corroboration of the facts narrated in the English correspond- ence, the latter ought to contain, in itself, all the particulars necessary to elucidate the subject of report irrespectively of the vernacular proceedings. 2. To ensure the proper observance of this rule, you will be pleased to intimate to your subordinates that any report not complete and intelligible in itself will be returned for revision. SUDDIER BOARD OF REVENUE. 357 NO. DCCXXXIII. TO THE COMMISSIONERS OF REVENUE. April 13, 1849.-No. 14. . I N accordance with the instructions of Government, dated the 2d ultimo, No. 195, I am directed by the Sudder Board of Revenue to forward to you, herewith, a copy of a Circular to be issued by the Military Board, for the guidance of Officers in the department of Public Works, regarding the safe custody of securities, and to request that you will take the necessary steps for securing the co-operation of the Collectors of your Division in carrying out the arrangements contemplated therein. 2. The Board requested the Accountant to favor them with specific instructions as to the rules under which the securities should be received, and how they should appear on the Collectors' accounts, but, as you will observe from the enclosed copy of a letter from the Assistant Accountant, Mr. Maples, No. 2566, dated 29th ultimo, no particular instructions are considered necessary. - CIRCULAR OF MILITARY BOARD, TO THE SUPERINTENDING ENGINEERS, &c. * In continuation of this office Circular, No. 183, of the 28th October, 1845, directing that securities taken from subordinate officers for the due performance of their official duties, should be deposited with the Sub-Treasurer of the General Treasury, endorsed over to the official head of the Department to which the subordinates may belong, I am directed by the Military Board to issue the following rules regarding the securities taken for contracts, or from subordinates temporarily employed, or belonging to the permanent establishment, for general adoption in the department. - 2. The securities, whether in cash or Government paper, deposited with Executive Officers by contractors and persons employed to effect or superintend work, or by subordinates belonging to establishments, permanent or temporary, for the due performance of their duties, as well as any other sums which may be lodged on public account with Executive Officers, should be made over, with the consent and countersignature of Superintending Engineers, to the most convenient Collectorates for deposit. These sums will be returned by the Collectors on the requisition of the Executive Officers, countersigned by the Superintending Engineers. - 3. The above rule provides for the safe custody in the hands of a third party of all sums which are granted as deposits on public accounts to Executive Officers, No. 733. Misc. DEPT. Co-operation enjoined with of. ficers in depart- ment of Public Works in regard to safe custody of se- curities lodged by persons engaging with that depart- ment for the per- formance of work. 4 X 358 CIRCULAR ORDERS, Circular, No. 733. April 13, 1849. Y- J No. 734. Misc. DEPT. Board’s previous sanction necessary to disbursements on account of contingent charges of Vernacular Schools. and prevents their being included with the public money drawn for disbursements, which, in the event of the sudden death of an Executive Officer, cannot fail to produce much embarrassment. 4. It is also an object to place the granting of these amounts on official record, and that Superintending Engineers should be made aware of the sums received in deposit on various public accounts by the Executive Officers of their circle. FROM THE ASSISTANT ACCOUNTANT TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE, No. 2566, dated 29th March, 1849. In reply to your letter No. 11, dated 13th March, 1849, I have the honor to state for the information of the Board, that specific instructions for the guidance of Collectors as to the rules under which securities should be received by them from Executive Officers, and the way in which they should be exhibited in their accounts, are scarcely necessary. 2. Under the Military Board’s Circular, the countersigmature of the Superin- tending Engineer will be sufficient authority for the receipt or repayment of such a deposit. A cash deposit, as a matter of course, will be credited in the body of the Collector’s account and be entered in his Deposit Register, while Government promissory Notes (being under recent circular instructions no longer creditable in the body of the cash account) will merely be entered in the Memorandum of pro- missory Notes deposited as security attached to it. NO. DCCXXXIV. TO THE COMMISSIONERS OF REVENUE. April 20, 1849.-No. 16. I AM directed by the Sudder Board of Revenue to instruct you, in con- tinuation of their Circular, No. 9, dated 15th ultimo, that disbursements from the schooling fees on account of “necessary contingent charges” of the Government Vernacular Schools, require to be previously sanctioned by the Board; you will be good enough therefore to instruct the Collectors to submit monthly bills of such disbursements for transmission to the Board, for their sanction, after they have been duly examined and countersigned by yourself. SU DDER BOARD OF REVENUE. 359 No. DCCXXXV. TO THE COMMISSIONERS OF REVENUE. May 4, 1849.-No. 17. AM directed by the Sudder Board of Revenue to annex hereto for your (Para. 15.) information and guidance, an extract from a Despatch from the Honorable the Court of Directors (No. 6, dated 14th February, 1849,) expressing their disapproval, as a general principle, of the continuance of pensionary grants after the death of the parties in whose favor they were originally made. EXTRACT FROM A DESPATCH FROM THE HONORABLE THE COURT OF DIRECTORS, ADDRESSED TO THE GOVERNMENT OF INDIA, IN THE FINANCIAL DEPARTMENT. Dated 14th February, 1849, No. 6. Para. 15. We shall not withhold our sanc- :*.*.*.*.*.*.*.*.*, tion from the pensions which you have thought 65. A moiety of the pensions of two of the Bishenpore pensioners has been con. proper to continue to the descendants of the late tinued to their families. Baboos Khetter Mohun Sing and Loll Khetter Mohun Sing, two of the Bishenpore pensioners; but, as a general principle, we are opposed to the continuance of pensionary grants after the death of the parties in whose favor they were originally made, because we consider such continuance liable to occasion inconvenience as a precedent, and as giving to remote descendants of the first pensioner a sort of hereditary claim on the Government for support. ->e ºse-- NO. DCCXXXVI. TO THE COMMISSIONERS OF REVENUE. May 4, 1849.-No. 18. i AM directed by the Sudder Board of Revenue to annex hereto for your information and for communication to the Collectors of your Division, an extract, para. 5, from a letter from the Secretary to the Government of India, to the Lord Bishop of Calcutta, No. 198, dated the 24th March last, which has been communicated to the Board by the Government of Bengal, under date the 23rd ultimo, respecting the appropriation of the fees to be paid for the erection of mural tablets, within the walls of churches. No. 735. Misc. DEPT. Court of Direc- tors’ disapproval of continuance of pen- sionary grants after death of pension- ers, to their de- scendants, circulat- ed. No. 736. Misc. DEPT. Circulating ex- tract of letter from Supreme Govern- ment to Bishop of Calcutta, respect- ing appropriation of fees for erection of mural tablets in churches. 360 - CIRCULAR ORDERS, Circular, No. 736. ExTRACT FROM A LETTER FROM file SECRETARY TO THE GOVERN. \ May 4, 1849. , MENT OF INDIA, TO THE LORD BISHOP OF CALCUTTA. -Y. 5. In respect then to the erection of mural tablets, the directions of the Go- vernment are briefly these—that application is to be made for the purpose to the Ecclesiastical Authorities, that a fee of 50 Rupees is to be paid to the Chaplain for permission to erect a mural tablet within the walls of any church, of which fee, three-fourths is to be immediately paid by the Chaplaim to the Collector of the Dis- trict, to be by him credited to the Government.to meet the cost of repairs and church establishment, and the remaining one-fourth is to be retained by the Chap- lain, and applied to charitable purposes under such instructions as your Lordship may think fit to issue. NO. DCCXXXVII. TO THE COMMISSIONERS OF REVENUE. No. 737. May 11, 1849.—No. 20. & Misc. DEPT. Attention called FROM a case which has been lately before them the Sudder Board of . #: º Revenue consider it advisable to promulgate, that para. 9 of their Circular 6th October 1841, Orders of the 6th October, 1841, No. 27, must be considered to be in full irº force. In some Districts to receive and count all the money tendered on the rº * * last day of payment would be quite impossible. Collectors must be strictly enjoined to be present at the office in person on that day until sunset, and to regard this as a duty to which no other duty should be preferred. If his attendance in person should be impossible, his Assistant or a Deputy Collector should attend. NO. DCCXXXVIII. TO THE COMMISSIONERS OF REVENUE. No. 738. May 11, 1849.—No. 52. Misc. DEPT. F - specimen of D ROM the quarterly Returns of temporary settlements confirmed by the * * * * Commissioners now before them, the Sudder Board of Revenue observe that quarterly statement of temporary set- misunderstanding prevails as to the proper mode of filling up the 5th column tlements confirmed by Commissioners. of the statement, and the remarks are often insufficient ; they have, there- fore, directed me to append hereto a pro formā statement for your future guidance. - i š Return of temporary settlements confirmed by the Commissioner of \, during the quarter of 18—. 2 3 4 5 6 7 8 9 tº a 0 Former Present Nature of Term of Date of Collector's Date of confirmation Districts, Names of Muhals. jumma. jumma. settlement. settlement. report. by Commissioner. Remarks. A. B. Chur Kurreempore, 1,700 || 0 || 0 3,400 0|| 0 | Ryotwaree. 1 year from 20th September, 1848. 5th November, 1848. This settlement has been con- Pergunnah Edil- 1255, B. S. - • firmed for 1 year, pending pore. enquiry into the claims of the party who had the last lease, and who has appealed against the settlement with the ryots. C. D. | Pergunnah Ootur- | 1,500 || 0 || 0 | 1,570 || 0 || 0 Farm. 1 year from | 12th November, 1848. 7th January, 1849. This settlement has been con- shabazpore, hissal 1255, B. S. *. firmed for 1 year only, pend- anna 10 gundahs. ing enquiry into rates of as- sessment. E. F. Chur Hulkutpore, 0 || 0 || 0 | 400 || 0 || 0 | Settled with 5 years from | 16th December, 1848. 27th January, 1849. The chur being liable to dilu- - Pergunnah Ho- Zemindars. 1255, B. S. vion, a settlement for a short seinshye. period has been concluded. – -: :i \- CIRCULAR ORDERS, No. 739. MISC. DEPT. Holidays observ- ed in Collectorates to be the same as allowed in Judicial Department. No. DCCXXXIX. TO THE COMMISSIONERS OF REVENUE. June 1, 1849.-No. 21. AN instance having been brought to the notice of the Sudder Board of Revenue, of inconvenience to the public service in consequence of a Col- lector's office having been closed for a native holiday not allowed in the Judicial Department, the Board have been pleased to resolve that only the same holidays shall be observed in the Revenue offices as are allowed by the Sudder Dewanny Adawlut in the Judicial Department, according to the list annually published by them for the guidance of the Lower Courts. 2. Under this Rule, the Revenue offices will be closed during the re- mainder of the current year (1849) on the dates indicated in the annexed Memorandum. 3. The only difference between this Memorandum and that published by the Sudder Court for the same period is, that according to the former, shorter terms are allowed for the Dusserah and Mohurrum vacations respec- tively. tº. 4. A similar list will be circulated to you annually, shewing the dates on which the offices are to be closed during the year. Statement of English, Mahomedan and Hindoo holidays in the year 1849. Names of Holidays. English Month. Bengalee Month. Days of the Week. 19th Pous 1255. 12th Magh. 17th and 18th ditto. 25th ditto. New-Year’s day,. . . . . . . . . . . . 1st January. Akheree chuhar shumba, . . . . 24th ditto. Busunt punchumee, . . . . . . . . .29th and 30th ditto. Fatteh duazduhum, 6th February. Monday. Wednesday. Monday and Tuesday. Tuesday, but if the moon be visi- ble on the 26th January, then on the 7th February. 21st and 22d February.[11th and 12th Falgoon. Wednesday and Thursday. Sheoratree, . . . . . . . . . . . . . . . . Eclipse of the sun, . . . . . . . . . . 23d ditto. 13th ditto. Friday. Dolejattra including eclipse of the moon, ... . . . . . . . . . . . . '8th to 10th March. 26th to 28th ditto. Thursday to Saturday. Baronee asnan, ... . . . . . . . . . . 122d March. 10th Chyte. Thursday. Ramnubomee, . . . . . . . . . . . . [1st April. 20th ditto. Sunday. Good Friday, . . . . . . . . . . . . . . 6th April. 25th ditto. Friday. Churruk poojah, ............ 10th and 11th ditto. 29th and 30th ditto. Tuesday and Wednesday. Queen's birthday, . . . . . . . . . . 24th May. 12th Jyte 1256. Thursday. Dusserah Gunga poojah, .... 31st ditto. 19th ditto ditto. Thursday. Snan jattra, . . . . . . . . . . . . . [5th June. 24th ditto. Tuesday. Ruth ditto, . . . . . . . . . . . . . . . . .22d ditto. 9th Ashar. Friday. SUDDER BOARD OF REVENUE. 363 ) Names of Holidays. English Month. Bengalee Month. Days of the Week. Ooltah Ruth,” . . . . . . . . . . . . . . Shube-burat, . . . . . . . . Ruksha bundum, . . . . . . Junmo ostomee, . . . . . . . . . . . . Bed-ool-fitr, . . . . . . . . . . . . . . Eclipse of the moon, . . . . . . . . Mohaloyah, . . . . . . . . . . Dusserah, . . . . Dewallee, . . . . . . . . . . . . . . . . Bhaidooj, . . . . . . . . . . . . . . . . . Juggutdhuthee poojah,” . . . . Eed-ooz-Zoha, g º 'º º tº e º e Kartick poojah,” . . . . . . . . . . Mohurrum, . . . . . . . . . . . . . . Christmas-day, . . . . . . . . . . . . . 17th ditto. . (27th and 28th ditto. . || 7th to 24th ditto, 30th June. 6th July. 4th August. o 12th and 13th ditto. 20th and 21st ditto. [] 3d September. 16th ditto. 21st ditto to 2nd Octo- ber, (both days in- clusive.) 15th October. 25th and 26th ditto. 14th and 15th Novem- ber. (both days inclusive.) 25th December. 17th Ashar. 23d ditto. 21st Sawun. 29th and 30th ditto. 5th and 6th Bhadoon. 19th Bhagoon. lst Assin. 6th to 17th do. (both days inclusive.) 30th Assin. 2nd Kartick. 10th and 11th ditto. 12th and 13th ditto. 30th Kartick and 1st Ughun. 3rd to 10th ditto (both days inclusive.) l lth Pous. Saturday. Friday, but if the moon be visible on the 21st June, then on the 5th July, Thursday. Saturday. Sunday and Monday. Monday and Tuesday—if the moon be visible on the 20th August, then on the 21st and 22nd August, Tuesday and Wednesday. |Monday. Sunday. Friday to Tuesday. Monday. Wednesday. Thursday and Friday. Saturday and Sunday, but if the moon be visible on the 18th Oc- tober, then on the 28th and 29th October, Sunday and Monday. Wednesday and Thursday. Saturday to Saturday, but if the moon be visible on the 17th No- vember, then from 18th to 25th November. Tuesday. NO. D CCXL. , TO THE COMMISSIONERS OF REVENUE. June 15, 1849.—No. 22. THE disorganized state in which the records of many Collectorates in Bengal are represented to be in consequence of the absence or defect of sys- tem in their arrangement, being found a great impediment to business, the Sudder Board of Revenue have determined with the approval of Govern- ment, that the duty of classifying and re-arranging the records shall be un- dertaken at once in each District under the special superintendence of a Deputy Collector, subject to the general control and guidance of the Collec- tor. 2. The plan of arrangement in general use throughout the North West Provinces is thus described : * Instead of the Ooltah Ruth, Kartick poojah and Juggudhatree poojah, other holidays, called Muckur sunkrant, Ununt birth, and Somwaree amawas are allowed in the Patna and Bhaugulpore Divisions. The holidays observed in Assam, and sanctioned by authority, do not accord with this list. Circular, No. 739. June 1, 1849. |- Y. J No. 740. Misc. DEPT. Directions garding arrange- ment of records. Half yearly report prescribed. Te- 364 CIRCULAR ORDERS, Circular, No. 740. June 15, 1849. U Y- J O Para. 63. “The records are to be kept Pergunnahwar and Mouzah- War. 64. “A separate shelf or space is to be set apart for each Pergunnah, and the name"of the Pergunnah is to be clearly and durably written both on the outside of the door of the press, and on the front of the shelf or shelves on which the records of that Pergunmah may be arranged. 65. “The Mouzahs are to be arranged in alphabetical order, and the records of as many Mouzahs as a bustah of convenient size will contain, to be kept together, and on the outside of the bustah should be legibly written the name of the . Pergunnah, and the letters of the alphabet under which the records contained in that bustah fall. 66. “Every case of every kind, whether relating to settlement, summary suits, transfer, succession, arrears, or of whatever nature, connected with any Mouzah, is to be kept together. Each case to be tied up separate- ly, and all the cases of any Mouzah to be included in one envelope, and with each envelope a list of the cases enclosed therein (not the papers but merely the cases) and the date of the year in which they occurred, is to be put up. When any fresh case is added, the name and year should be added to the list. 68. “All papers of a general nature, not connected with any Mouzah, as hal Towjees, 15 days' reports, &c. of course have a separate press assign- ed for them.” « » 3. In many of the Bengal Districts it may not be possible to carry-out a Mouzahwar or Pergunnahwar arrangement, but the Board are of opinion that it should be followed where practicable. Q 4. Where impracticable, such other arrangement as is more suited to the condition of landed property in the District must be introduced. The object of the arrangement is, that it should be known what papers are in the office, and where they are to be found; and uniformity, though desirable, must not be sought at an expense of time and trouble which may be saved by suiting the arrangement in each District to the circumstances thereof. The Board may suggest generally, however, that the principle of keeping together the papers connected with each Muhal or Estate, or where the Estate is extensive, with each division of an Estate, should be observed as much as possible. 5. In cases where the papers belonging to different bundles or relating to different subjects, have become intermixed, the first thing to be done is to . separate them, and string together all papers relating to the same case or subject. - SUDDER BOARD OF REVENUE. 365 } 6. It would be useful also to attach to each missil a fly-leaf, on which Note.—By missil in this place and else- where is intended what is often denominat- © .. © © © tº - dº ed a nuthee, or collection of papers relating II].SCI ibed, with a suitable heading descriptive º:ºº of the nature of the case, the name of the same envelope. Muhal and Pergunnah to which it pertains, and (if the space will admit of it) the names of the principal parties concerned. 7. From the lists of contents of the bustahs, a Register should be prepared for each shelf or almirah, and from these again, a general Register of the whole contents of the Record Office.ought to be compiled.* 8. All the useless papers found in the course of arranging the records, should be set apart with a view to their being destroyed : documents which have become entirely illegible from age or worms should also be kept apart for eventual destruction, after personal inspection by the Collector. Lists are to be prepared of all papers the destruction of which is proposed ; no document is to be destroyed which is likely at any time to be useful to any party, whether the Government or the public. As a general rule, no papers less than twelve years old should be set apart for destruction, unless their uselessness is beyond question. The papers particularly to be preserved, without reference to age, are, settlement papers, all decrees in summary suits, all collection papers, and all books of registry; but tehsildaree papers above twelve years old need not be preserved. • 9. When the papers to be destroyed have been selected from the rest of the records, the Collector is to report on their nature and the grounds on which they are deemed worthless, for the orders of the Board, previous to their destruction by fire or otherwise;—these reports should not be delayed till the re-arrangement shall have been completed. They should be submitted from time to time, in order that the room occupied by the useless papers may become available for the systematic stowage of the papers to be retained. 10. For the maintenance of order in the arrangement of the records, when a systematic arrangement has once been effected, the Rules prescribed by the Western Board may be adopted. They are as follows: Paras. 55. “The Collector in conjunction with his Serishtadar is to divide the business into departments to be placed under charge of parti- cular officers, so that every sort of business which comes into the office * See forms of Registers appended to C. O. 18th December, 1849, No. 53. † This power has since been transferred to the Commissioners. See C. O. 13th June, 1851, No. 21. a list of the contents of the missil should be C Circular, No. 740. June 15, 1849. -Y- J 4 Z 366 - CIRCULAR ORDERS, Circular, No. 740. June 15, 1849. \– --y- —' O may go to the assigned officer, who is to have charge of the papers connected with his department until a final order shall have been passed on each case. 56. “Separate presses or other fit receptacles for the secure preserva- tion of the papers are to be assigned to each department of business, the key of which is to be in the custody of the officer in charge of the depart- Innent. +. 57. “This is of course not intended. to preclude the assignment of two or more departments to one officer, or the allotting of two or more officers to one department, as the business may be light or heavy in each department. g 58. “A book is to be kept by the officer in charge of each department, in which he is to enter every case as it comes in, and a fly leaf is to be affixed to each case as soon as entered, on which a list of the papers first given in is to be written, and every additional paper is to be entered in the list as soon as received. 59. “ The Serishtadar is to be responsible for seeing that the papers daily received are daily made over to the officers in charge of the different departments, and duly filed and entered on the lists and in the books, and disposed of with due care and attention to arrangement. 60. “It should be the duty of the Serishtadar also to see that cases re- quired for the Collector's proceedings are duly brought forward by the Officers in charge of the departments at the times appointed, and that each case, or paper is returned to the proper department before the office breaks up. 61. “ The record of every case, as soon as a final order has been passed and the perwannahs or other necessary measures for due execution completed, is to be immediately made over, without reference to order of time, to the Record-keeper, and the date of transfer is to be written against the entry of the case in the department book, and the Mohafiz-dufter is to sign the entry in evidence of having received the case. 62. “The Serishtadar is to be responsible for these instructions being duly attended to. 67. “The Record-keeper is to receive every completed case when- ever tendered to him, and is not to decline on pretence of waiting for other cases of the same date. He is to put every case in the place to which it belongs, and add it to his list of records. 69. “When any case is required from the Record office, either for reference, or to put up with a new case under proceedings, the officer of the department is to give a note to the Mohafiz-dufter mentioning the SUDDER BOAT&D OF RIEVENUE. 367 ) case required. The record is immediately to be furnished, and the note C kept in the envelope. On the return of the record, the note should be given ( up to be cancelled.” 11. The above Rules ought, in the Board's opinion, to be sufficient, provided the responsibility of the departmental officers is systematically and stringently enforced, and the Collector occasionally inspects the state of the Record department in person. In practice they will be found to save time, to fix responsibility, and in many ways increase the efficiency of the office. 12. As an improvement on the existing practice and conducive to the preservation of order for the future, it appears to the Board desirable that instead of long slips of paper formed into rolls, or sheets of every variety of form, paper of a uniform and convenient size should be adopted for the transaction of business. The size of small foolscap seems to be more Nor when folded 12, hyº, inches, conveniently adapted for the purpose than A pattern of the paper is enclosed. any other size ; it is handy, capable of being neatly folded, and the bundles formed thereby are not only more compact and uniform, but admit of being confined above and below with thin boards cut of a required size and tied together with tape. This mode of securing papers, especially those exposed to constant friction, is cheap and thoroughly effectual; in fact papers so protected are to papers without the protection as a bound book to one unbound. How an unbound book fares, if constantly handled, it cannot be necessary to explain. 13. The paper used in the transaction of business ought not only to be of a uniform size, but its manufacture might also be improved, so as to render ... I would also solicit attention to the it proof against the attacks of insects and composition of the enclosed sheet of paper. Experience having shewn that every sort of worms. The Suggestions of Mr. Ricketts, when country paper now procurable is liable to Commissioner of the Chittagong Division, be destroyed by worms and maggots—often S times records, not above 5 ºr 6 years old are extracted on the margin from his letter being found illegible from the ravages of º these vermin—I caused this paper to be to Government on the subject, dated the prepared, having a strong solution of com- . º e imonºrsenic mixed with it at the time of 30th June, 1846. If paper is made at either manufacture. It promises to answer ad- e º * e G tº jº, i.e., iii touch it, and it is of the Jails in your Division, you should as agreeable for writing on with the poison .* tº o ... ."T."... endeavour to induce the Magistrate to prepare the commonest paper, is about 25 per cent.; of course the difference would be consider- ably less with paper of superior texture. It may be made any where ;-much of that now used for the hittagong settlements is than the commonest paper, of course it should manufactured by the prisoners in the Jail. I would strongly recommend paper so pre- not be used for covers and such like pur- pared being always used for settlement records.” poses. 14. If good paper is not procurable in your Division, you should direct paper of this description, and cause it to be used in every office. As it is more expensive ircular, No. 740. June 15, 1849. -Y J 368 CIRCULAR ORDERs, Circular, No. 740. June 15, 1849. \- Y- J O the Collectors to indent on the Serampore Mills. The foolscap there prepared of the size above alluded to, is strong, useful for all purposes, and not liable to destruction by worms. The cost is 3 Rs. per ream. This paper, or paper like it if procurable nearer and at a cheaper rate, should be used for roobakarees; arsenic paper prepared in the jails, for depositions, &c.; and the commonest light paper, for covers. There may be a trifling increase of cost, but very trifling, and of no moment compared with the object to be obtained. 15. The re-arrangement of the records now ordered, will, the Board conceive, furnish a favorable opportunity, of which Collectors ought to avail themselves,” for bringing up the arrears of the Registers prescribed by Regulation XLVIII. of 1793, which, the Board have reason to believe, have not been regularly kept up in all Districts. This Register being once com- pleted, the mutations that may occur from time to time by order of the Civil Court or at the request of the recorded proprietors, must be noted in an intermediate Register to be carefully kept up by the Mohafiz. 16. The Board desire that the above Rules may be immediately adopted in every District in which there is a Deputy Collector. In Districts where there is more than one officer of that class, the officer attached to the sudder station should be appointed to the duty. Districts having no Deputy Collectors attached to them will be supplied as soon as any are available from other quarters on the termination of their special duties. In the mean time the arrangement of the records in such Districts may be put in progress by the Collector himself. The Board are aware that in the Districts of the Patna Division, the records of the several Collectorates were systematically and carefully arranged a few years ago at an expense authorized for the purpose, and it is to be hoped that in those Districts the arrangement has been systematically maintained, and that very little, if any thing, will now require to be done. In Midnapore, also, arrangement has been for some time in progress under the superintendence of a Deputy Collector, and in Burdwan, under the immediate supervision of the Collector. In Chittagong, Deputy Collectors have been for some time employed in arranging the records. In all these Districts the work will be completed in conformity with these instructions. 17. The Board request that having consulted the Collectors, you will * Explained by C O. 12th November, 1850, No. 71, as not intended “to inculcate a call on all landholders for all the particulars of their Estates enumerated in Clause 5, Section 7, Regulation XLVIII. of 1793.” SUDDER BOARD OF REVENUE. 369 ) submit a form of Register of Records. Having received the forms submitted º tº G gº & & une 1 O, & by each of the Commissioners, they will be collated here, and if possible, a C. J form prescribed suitable to all offices. Y 18. The Board will expect to receive from you half-yearly reports of On 1st June and 1st December, the progress made in carrying these orders into effect. - 19. As being intimately connected with this subject, I am directed to embrace this opportunity of calling on all the officers subordinate to this Board, to endeavour to effect a reformation in the style of writing which now so commonly prevails in the mofussil offices. No petition or applica- tion of any sort should be received which is not written so as to be readable by any person acquainted with the character. It may occupy the writer an vide clause 5, section v. Regulation additional five minutes to prepare a plainly XXVI. of 1814. written paper, but at the cost of five minutes of his time, for which the public do not pay, the time of many public officers will be saved, for which the public do pay. Every minute lost by Serishta- dars, Collectors, and Commissioners in endeavoring to decipher ill written petitions is to be grudged, for it may be saved at no cost at all. The Board are well aware that in all offices hurried writing is sometimes unavoidable, and that hurried writing cannot be plain writing, but for the most part hurry can be avoided, and when avoidable, it should always be borne in mind that writing is written to be read and read readily. It should never be forgotten that the writers are the lowest paid class, that all the readers are the higher paid classes, that half an hour of a Mohurir's time is saved at the expense of the time of four or five grades of more expensive officers. 20. While on this subject, the Board would point out that it is not desirable that the Serishtadar should be much employed in the mechanical work of reading papers to the head of the office. It is impossible that a Serishtadar can efficiently perform the onerous and responsible duties of Supervision expected from him, if he is employed four or five hours per diem in reading aloud. The physical exhaustion occasioned by such labor must unfit him for his other more important duties, besides that, it is employing an officer receiving 100 Rs. per mensem to do that which may be equally well done by an officer receiving 10 Rupees. Collectors would do well, therefore, to relieve their Serishtadars of this duty as much as possible, by employing the subordinate Officers of the moonshee-khanah alternately instead. 370 CIRCULAR ORDERs, No. 74 l. Misc. DEPT. Law applicable to sale of property of farmers under Court of Wards, and farmers of Go- vernment Revenue, and their sureties. NO. DCCXLI. TO THE COMMISSIONERS OF REVENUE. June 19, 1849.-No. 23. . - Q. Doubts having arisen as to whether the property of a farmer holding under the Court of Wards, and of his surety, can be brought to sale for arrears due by the farmer, under the provisions of Act I of 1845,” and whether the property of a farmer of the Government Revenue, and of his surety, can be brought to sale for arrears before the close of the year; I am directed by the Sudder Board of Revenue to communicate the following observations on the subject for your information and guidance. 2. By Clause 2, Section 3, Regulation VI. of 1822, farmers holding under the Revenue Authorities, in their capacity of Court of Wards, are subject to the same Rules and Regulations as are applicable to other farmers holding from the Revenue Authorities. - 3. For any arrears remaining due from a farmer of the Government Revenue, after any of the fixed latest dates of payment in the year, any land belonging to himself or his surety, may be brought to sale under the provi- sions of Act I. of 1845, and such arrears come under the fourth description specified in Section V. of the Act. t 4. It follows that any land belonging to the farmer of a Ward's Estate, or to his surety, may, in like manner, be brought to sale for arrears conform- ably to the provisions of Act I. of 1845, but in this case the arrears come under the sixth description of Section V-in the one case, the demand being an arrear of Land Revenue; in the other, an arrear, not of Land Revenue, but recoverable by the same process as an arrear of Land Revenue, to wit, by the same process as an arrear of Government Revenue due by a farmer. 5. It is true that by Clause 6, Section 23, Regulation VII. of 1799, any land or property belonging to a defaulting farmer of the Government Revenue, or his surety, could only be sold for arrears after the close of the year; but it is to be observed, that by Clause 5, the lands of a defaulting proprietor could also only be brought to sale after the close of the year. In this respect, no distinction was made between the farmer and the proprietor. Intermediate- Clause 2. ly, in the event of an arrear, the Estate, or a sufficient portion * This Circular explains the Law applicable to the recovery of arrears due from farmers of the Government Revenue; for the process to be observed, and the Laws applicable thereto, see C. o. 28th February, 1851, No. 5, where also the rule respecting the cancelment of leases and attachment of farms is laid down. SUDDER BOARD OF REVENUE. 371 of it, of the proprietor, and the farm of the farmer might be attached, and the person of the farmer and of his surety might be arrested. - 6. By Clause 2, Section 2, Regulation XI. of 1822, such parts of Section 23, Regulation VII. of 1799, and of any other of the Regulations in force, which prescribe, or shall be construed to prescribe, that the Revenue Officers shall issue any process of demand on persons from whom arrears of Revenue or other demands similarly recoverable may be due, or that they shall attach the Estates or farms in the possession or management of such defaulters before bringing their property to a public sale, were rescinded, and by Clause I, Section 3, it was expressly declared that the lands of all persons under engagements with Government, whether as proprietors for their own Estates, or as farmers or managers, and their sureties, should be liable to sale for arrears at any time of the year. Here again proprietors and farmers and their sureties were placed in the same category as regards the sale of their lands. 7. By Section 1, Act XII. of 1841, Regulation XI. of 1822 was rescind- ed, except Sections 36 and 38, and in so far as it rescinds other Regulations. or parts of Regulations. By Act I. of 1845, Act XII. of 184I was repealed, excepting Sections 1 and 2, and it might thus be argued, the Board think, that enough of Regulation XI. of 1822 remains in force to warrant the sale of the lands belonging to a farmer of the Government Revenue and his surety, for arrears, at any time of the year. But it seems to the Board quite clear that the provisions of Act I. of 1845 are fully as applicable to arrears due by a farmer as by a proprietor, and that this Law makes no distinction between them, as regards the sale of their lands, any more than any previous. Law. 8. By Section 3 of the Act it is enacted, that “the Sudder Board of Revenue at Calcutta shall determine upon what dates all arrears of Revenue and all demands which by the Regulations and Acts in force are directed to be realized in the same manner as arrears of Revenue, shall be paid up.” An arrear due by a farmer of the Government Revenue is an arrear of Revenue, as much as an arrear due by a proprietor; and an arrear due by a farmer of a Ward's Estate is a demand which by Clause 2, Section 3, Regula- tion VI. of 1822, may be realized in the same manner as an arrear due from a farmer of the Government Revenue, that is, in the same manner as an arrear of the Government Revenue. - 9. The exceptions are specified in Section 10, where it is enacted that an Estate the sole property of a minor shall not, under certain contingencies, Circular, No. 741. June 19, 1849. Y- J 372 CIRCULAR ORDERS, Circular, No. 74 l. June 19, 1849. U J Y- No. 742. Misc. DEPT. Restrictions on power of Deputy Collectors to hold sales for arrears of Revenue applicable to sales of putnee tenureS. & be sold until the minor shall have attained the full age of 18 years, that no Estate held under attachment by the Revenue Authorities otherwise than by order of a Judicial Authority, shall be liable to sale for arrears accruing whilst it was so held under attachment, and that no Estate held under attach- ment by a Revenue Officer in pursuance of an order of a Judicial Authority, Nºte:- When the former nºw Sale lºw shall be liable to sale for the recovery of Act XII. of 184l, was in force, the question arose whether the landed property of de- arrears of Revenue accruing during the faulting sudder farmers and their sureties was saleable under that Law, or conformably period of such attachment, until after the to the provisions of Section 2, Act VIII. tº tº of is 35; and it was ruled by Government, and of the year in which such arrears accru- against the opinion of the Board, that º e e jºinia ºperty was saleable under ed. Had it been intended to re-enact this tºº last exception in favor of lands belonging to farmers of the Government Revenue, and their sureties, it would no doubt have been specified also. 10. It follows from the above view that the lands both of farmers of the Government Revenue, and of farmers holding from the Court of Wards, and of their sureties, may be brought to sale for arrears on any of the sale days within the year, under the provisions of Act I. of 1845. 11. Should it have been the practice in your Division to sell the lands of defaulting farmers and their sureties at the end of the year only, the stringent rules of Act I. of 1845 should not be introduced without due warning to those whose interests will be affected by the change. No. DCCXLII. TO THE COMMISSIONERS OF REVENUE. June 22, 1849.—No. 24. WITH reference to Circular Orders, No. 26, dated the 9th of Novem- ber, 1842, I am directed by the Sudder Board of Revenue to inform you, that the Government have ordered that the restrictions imposed on the power of an Uncovenanted Deputy Collector to hold sales for arrears of Revenue, under the Government orders of the 24th October, 1842, No. 1304, are to apply to the case of sales of putnee tenures. 2. Whenever a Collector may desire, or it may be necessary that an Uncovenanted Deputy Collector should hold sales, timely application should be made. SUDDIER BOARD OF REVENUE. 373 ) No. DCCXLIII. TO THE COMMISSIONERS OF REVENUE. June 29, 1849.—No. 25 , | AM directed by the Sudder Board of Revenue to inform you, that it has been ruled by Government, that under Section 42, Regulation II. of 1793, and the present Rules of Practice, Commissioners of Revenue have the power to grant temporary suspensions of the demands of Revenue, not extending beyond the current year. 2. But his Honor the Deputy Governor is of opinion that whilst the power to suspend, to some time within the current year, the demand of Revenue against a particular Estate, may be safely and advantageously left to the Commissioners, those Officers should not exercise their power by a general suspension of the demand against several Estates, extending over a considerable tract of country, without a previous reference to the Board, whenever such a reference may be practicable consistently with the object of that suspension. You will be careful, therefore, to be guided strictly by this view. 3. You will observe that you are required by Section 42, Regulation II. of 1793, whenever you grant a suspension, to report the same without delay to the Board for the information of Government, with your reasons for the méasure. NO. DCCXLIV. TO THE COMMISSIONERS OF REVENUE, July 13, 1849.—No. 26. ITH reference to para. 9 of Circular Order, No 9 A, dated the 29th May, 1847, I am directed by the Sudder Board of Revenue to request, that you will instruct the Collectors to prefer a pro formā appeal, in all cases decided against the Government in the Zillah Courts, in which the question of the propriety of appealing may be undecided when only four days of the period allowed for entering an appeal remain ; and you will caution them that they will be held personally answerable for any loss which the Government may sustain through a disregard of this rule. No. 743. Misc. DEPT. Commissioners have power to grant temporary suspen- sions of Revenue not beyond the cur- rent year, in single Estates; but gene- ral suspension ex- tending over large tracts should be preceded by refer- ence to Board. Oc- casions of exercise of this power to be geported for in- formation of Go- vernment. No. 744. Misc. DEPT. When question of propriety of appeal in Govern- ment suits remains undecided,and only 4 days of the term allowed remain, Collector may pre- fer a proformá ap- peal. 5 B 374 CIRCULAR ORDERS, No. 745. Misc. DEPT. Practice of bor- rowing elephants from Zemindars to be resorted to only when they cannot be obtained from a Government de- pôt or by purchase. Board’s previous sanction necessary. No.s 746. Misc. DEPT. Further instruc- tions relative to preparation of In- dexes of Commis- sioners’ correspon- dence. Law suits to be excluded, as well as trivial mat- terS. { NO. DCCXLV. TO THE COMMISSIONERS OF REVENUE. July 3, 1849.-No. 27. {. | AM desired by the Sudder Board of Revenue to instruct you, conformably to orders received from Government, that the practice of borrowing elephants from Zemindars and others for the public service, when there is no emergency, is considered to be objectionable. When elephants are required for the public service, they must, if practicable, be obtained from a Govern- ment depôt, or be purchased ; but on an emergency, when Government elephants are not at hand or cannot be purchased, borrowing under sanction Imay be resorted to. Q *d e With the view of securing the strict observance of this rule, the Board are pleased to direct that elephants be not borrowed for the public service in the Revenue Department without their previous sanction. 3. the Officers subordinate to you, the strict observance of the Government orders of the 10th November, 1834. I am directed to take this opportunity of enjoining on you and all NO. DCCXLVI. W. TO THE COMMISSIONERS OF REVENUE. July 17, 1849.-No. 28. IN continuation of Circular Order, dated the 6th January, 1848, No. 1, I am directed by the Sudder Board of Revenue to instruct you, that correspond- ence relating to Law suits need not be entered in the quarterly Index pre- scribed by the Circular of the 14th May, 1847, No. 7, as the Board exercise a sufficient check in the department of Law suits through the medium of the Legal Remembrancer's office. 2. The Board observe from the inordinate bulk of the Indexes which they receive from Some Commissioners, that the spirit and intent of their circular instructions of the 6th January, 1848, have not been sufficiently apprehended and acted upon. Matters of trifling interest, such as applications for sanction to petty disbursements, notices of giving over and receiving SU DDER BOARD OF REVENUE. 375 ) charge of offices, applications for the return of documents, and other matters equally trivial which ought to be excluded altogether, still find a place in U the Returns of some Officers. The exercise of a small degree of judgment is of course necessary, the Board observe, to discriminate between what should be retained and what rejected, and if your Assistant does not possess the me- cessary discrimination, it would be easy for you, when cases are before you, to indicate by some mark on the papers, those which should be inserted in the Index. NO. DCCXLVII. TO THE COMMISSIONERS OF REVENUE. July 17, 1849—No. 29. |T has come under the notice of the Sudder Board of Revenue, that the uses of the register of written off, but reclaimable, balances, instituted under Circular Orders of the 25th July, 1834, No. 84, and respecting which more particular instructions were issued in the Board's subsequent Circular of the 20th March, 1835, No. 19, have been misunderstood and misapplied, and that the register in question, styled in some Districts the “suspense register,” or “register of suspended dues,” has been confounded with another, and quite a distinct register, termed the defaulter's register; I am therefore desired to communicate for your information and guidance the following observation and instructions. 2. From the Circular Orders abovementioned, and the correspondence and extracts of correspondence annexed to them, it is clear that the register in question was instituted with the view of distinguishing between demands finally remitted, whether as of right or otherwise, and those written off the accounts from motives of official convenience, but reclaimable ; and of preserv- ing a record of these latter in the Collector's office, with a view to their realization when there might be the means of recovering them. 3. It was further clearly intended that no demands should be written off and transferred to the register, until all enquiries regarding them and all present means for realizing them had been exhausted ; that such enquiries should always precede, and not follow, the transfers ; and that the transfer having been made after the fullest enquiry, the parties liable might be called upon to make them good whenever, at any future period, it might Circular, No. 746. July 17, 1849. -Y –Z r— No. 747. Misc. DEPT. Register of sus- pended balances instituted in 1834 abolished. First quarterly Bukaya Towjees and ammu- al Explanatory Ar- rangement of ba- lances to be sub- mitted every year, with Commission- ers' resolutions, for Board’s inspection. 376 CIRCULAR ORDERs, Circular, No. 747. July 17, 1849. \ Y- K. appear to be practicable, but that recourse should not be had to formal and J recurring investigations into their circumstances and means. 4. The misuse of the registers has consisted in transferring to it all demands, (without observing the prescribed distinction,) which seemed not to be susceptible of immediate realization, leaving the enquiries to be made for the most part, if not altogether, after the transfer, and thus removing them from the public accounts, and by consequence from the check and control of the superior Authorities and the office of account, before they could be fairly pronounced to be irrecoverable." 5. The register of balances due by Land Revenue defaulters is a comparatively new annual account, instituted under the Board's Circular Orders of the 11th May, 1842, No. 14, when the revised forms of Land Revenue Returns now in use were introduced. It is intended to include only one class of demands, viz. balances remaining due after the sale of Estates sold for arrears of revenue, such balances are recoverable from the default- ing proprietors and not from the Estates; therefore, to obviate confusion of account, occasioning often, as it was supposed, ultimate loss to Government as well as risk of injustice to purchasers of Estates, it was provided that all balances in excess of the amount realized by the sale of the Estate, should from the moment the Estate was sold, be struck out of the general Towjee account, and entered against the defaulter in a separate account styled the defaulters' register. Such balances pass in natural course into the defaul- ter's column, expressly provided for them in the several periodical Towjee accounts, and through that column, into the register of balances due by defaulters. They do not, it is to be observed, go off from, but continue on, the accounts, the only result being that this particular class of demands, for the reasons already stated, is separately exhibited and accounted for. The register should consequently be scrutinized with a view to the collection of the demands, with the same care as the Towjee, of which it is simply a separated portion ; and any demands appearing on it which are considered irrecoverable, should be regularly reported for remission to the proper Authority, and being remitted, deducted under the head of remissions, for which a column has been duly provided in the register, after which any portion of the amount remitted, which may be properly reclaimed hereafter, should be entered in the register instituted under the orders of 1834. 6. But by a strange misapprehension, the two registers have been supposed in some Districts to be one and the same, and demands of all kinds, intended to be written off the accounts and transferred to the register of SUDDER BOARD OF RIEVENUE. 377 J 1834, have, by being passed through the defaulter's column instead of the Circular, No. 747. column for remissions, gone into the register of balances due by defaulters, C July 17, 184 9. , where they are just as much on the accounts as they were before, to the exclusion it may be, or only the partial insertion, of the only class of demands for which that register was intended. 7. Excepting these demands, which pass out of the Towjees, but not, as already shewn, out of the accounts altogether, through the column especially appropriated for them, no other demands whatever, it is to be observed, can properly pass out of the Towjees, and no demands of any kind out of the accounts, altogether, including of course the defaulter's register, excepting through the column for remissions, where they are first subjected to the scrutiny of the Accountant, who will not pass the remissions unless supported by proper authority; but it is obvious that any demands may be improperly passed out of the Towjees into the defaulter's register through the defaulter's column, without the possibility of any check on the part of the Accountant, who must of course suppose them to be demands of the particular descrip- tion for which that column was provided, until demands on the defaulter's register happen long after to be reported for remission, when it may come to be discovered that some of the reported balances are of a description which ought never to have been transferred to that register. . 8. With respect to the register of suspended dues instituted under the orders of 1834, the Board are pleased to abolish it, and to determine that in future, all demands written off under the orders of a competent authority shall be remitted once for all. They believe, that, legitimately used, the register in question, has in practice been productive of no benefit whatever, nor is ever likely to be, at the same time that it is liable to a misapplication of its uses, and may under such misapplication cause mischief. You will be pleased therefore to revise all the suspense registers of your Division which may have been kept distinctly from the registers of balances due by default- ers, and if any reclaimable demands have been written off the accounts and transferred to the former register, through the column for remissions, under your own orders or the orders of the Board on your reports while the enquiries were still incomplete, and consequently before it was ascertained that there was no hope of realizing the demands, you will direct them to be written back into the accounts, with a view to their being recovered or finally remitted, or reported for final remission after complete enquiry; and you will be careful that in future no demands are remitted or reported for 5 C 378 CIRCULAR ORDERS, Circular, No. 747. July 17, 1849. \_ remission, until they are clearly shewn to be demands not justly due or otherwise quite irrecoverable. 9. With respect to the defaulter's registers, it is clear that if any demands other than those of the particular class for which they are intended have passed into these accounts, they also must be separated and written back into the Towjees, and at the same time any demands of the class in question which may have been continued on the Towjees must be transferred to the registers. But as these registers are among the returns made to the Accountant, any necessary revision of them must be made under the instruc- tions of that Officer. The Board are about to communicate with him on the subject, and to propose the abolition of this separate account,” and if this proposition should be carried out, the adjustment will be simple, as all demands now on the registers will at once be written back into the Towjees. 10. By Circular Order, No. 14, dated the 11th May, 1842, Collectors are required to transmit to the Accountant, among other annual accounts, the Explanatory Arrangement of bukya balances, in detail of Muhals, and the Detailed Register of balances due by defaulters, both to be dispatched in all May of the ensuing year of account. Commissioners are expected to examine and pass resolutions on the above accounts, and for this purpose Collectors are required to send them their office copies of those statements, as soon as the returns have been prepared and dispatched to the Accountant. When all the local returns have been received, the Accountant compiles from them general statements for submission to the Board ; but he is unable to furnish them earlier than eleven months after the close of the year, and in conse- quence of this delay in their receipt they are valueless for the administrative purposes for which the Board require them. 11. In order therefore to render the supervision of the Board over the collections of the Land Revenue more prompt and effective, they are pleased to direct that the office copies of the Explanatory Arrangement of balances and the Detailed Register of balances due by defaulters for the past year 1848-49, sent to you by the Collectors, be transmitted by you together with your resolutions thereon, to the Board without delay; and that in future these statements be, in like manner, transmitted to them in all June, of the ensu- ing year of account—the returns of each District being forwarded separately, as received, so soon as you have examined them and recorded your resolutions * Abolished—See C. O. 6th August, 1850, No. 51. SUDDER BOARD OF REVENUE. 379 O on them. Under this arrangement the Board will be able to dispense with the annual compilations of the Accountant. 12. You will be good enough also to submit in future, in all August, the Bukya Towjees of the several Districts for the first quarter of each year, separately, as each is received by you, together with your resolutions thereon, commencing with those of the current year 1849-50, it being necessary for administrative purposes that these returns should come under the timely inspection of the Board. - NO. DCCXLVIII. TO THE COMMISSIONERS OF REVENUE. July 27, 1849.-No. 30. FROM cases which have come before the Sudder Board of Revenue, it would seem to be understood that Collectors are empowered, under the provisions of Act XX. of 1848, to make requisitions of their own authority in cases in which they did not previously possess that power. 2. I am therefore desired by the Board to instruct you, for your information and guidance and for communication to the Collectors subordi- nate, to you, that the Act in question does not dispense with any process or form of proceeding in summoning parties or calling for papers enjoined by any former'Regulation. It merely gives the Collector power to impose a daily fine of his own authority, and to levy it without further confirmation, on the omission of the parties to comply with requisitions sanctioned by certain previous Laws, and made conformably to the rules enjoined by those Laws. Thus, before a Collector can proceed under the provisions of Section 31, Regulation XII. of 1817, it is necessary for him to obtain the sanction of the Commissioner,” and any fine which he should impose under the provisions of Act XX. of 1848, for non-compliance with a requisition made of his own authority under Section 31, Regulation XII. of 1817, would be illegal. Of course, in those cases in which a Collector is empowered by the Law to make a requisition of his own authority, it is not necessary for him to obtain the previous sanction of the Commissioner. * Survey Officers also with powers under Regulation VII. of 1822, need to apply for sanction of Commissioner, and Uncovenanted Deputy Collectors for sanction of their Covenanted superiors. See C. O. 27th July, 1849, No. 101, and C, O. 20th November, 1849, No. 159, Circular, No. 747. July 17, 1849. U –) Y- No. 748. Misc. DEPT. Powers of Col- lectors under Act XX. of 1848 de- fined, with rules to be observed in im- position of fines. 380 CIRCULAR ORDERS, Circular, No. 748. July 27, 1849. Q- Y- No. 749. MISC. DEPT. Commissioners' sanction necessary for Survey Officers with powers of Reg. VII. of 1822, proceeding to sum- mon parties under Clause 1, Section 19, of that Reg. 4. 3. While on this subject, I am desired to add that a fine imposed by the _j Collector under Act XX. of 1848, should be reported” by him, if possible, on the same day, and as such fines are payable daily until compliance with the requisition, immediate measures should always be taken for levying them daily, by recourse, if necessary, to the attachment and sale of the personal property and arrest of the person of the defaulters, (these being processes for the recovery of arrears of Revenue) in place of allowing the daily fine to accumulate, as appears to be the practice. 4. In every report under Act XX. of 1848, the Collector should distinctly specify the nature and object of the call, and the Law under which it has been made. NO. DCCXLIX. TO THE COMMISSIONERS OF REVENUE.; July 27, 1849.-No. 101. WITH reference to the Board's Circular, No. 30, of this date, I am desired to instruct you, that the sanction of the Commissioner is necessary before the Survey Officers vested with the powers of Regulation VII. of 1822, can proceed, in any case, under Clause 1, Section 19, of that Regulation. 2. As it must tend to delay if the above Officers should be required to apply for previous sanction on every occasion that they may find it necessary to summon parties to attend, you are requested to give them a general authority to exercise the power conferred by the section in question in all the Districts in which they have been vested with the powers of Regulation VII. of 1822. * See forms for reporting imposition and realization of fines, appended to C. O. 28th June, 1850, No. 38. - f Caution against needless calls on landholders. See C. O. 30th November, 1849, No. 165. † This Circular was addressed to the Commissioners in whose Divisions Surveys were going on, viz. Bhaugulpore, Jessore, Moorshedabad and Dacca. SUDDER BOARD OF REVENUE. 38 | No. DCCL. TO THE COMMISSIONERS OF REVENUE. August 3, 1849–No. 31. . - I AM directed by the Sudder Board of Revenue to circulate for the information and guidance of yourself and your subordinates, that it has been ruled by the Sudder Court in a letter No. 738, dated the 30th May, 1845, to the address of the Magistrate of Tipperah, “ that a Zemindar or other person, dispossessed of land, under the orders of a Deputy Collector or Collector of Revenue, cannot bring his case into the Criminal Court under Act IV. of 1840, but he should appeal to the superior Revenue Authorities, from whose decision, if he be ousted by it, he should seek redress by insti- tuting proceedings in the Civil Court.” NO. DCCLI. TO THE COMMISSIONERS OF REVENUE. August 17, 1849.-No. 33. THAT part of the notice of the latest dates of payment under Act I. of 1845, published in the Gazette of the 4th of February of that year, which relates to petty Estates with jummas not exceeding 100 Rupees, having been misunderstood, I am directed by the Sudder Board of Revenue to explain that it is not meant that such Estates are only to be sold in the months specified in the notice, but that the latest dates of payment in those months for other Estates are to be the latest days for the petty Estates in question, according to the amount of their respective jummas. Thus, the latest date of payment for Estates with a jumma of 10 Rupees and under, is the 28th of March in each year; for Estates with a jumma exceeding 10 and not exceeding 50 Rupees, the 28th December and 28th March ; and for Estates with a jumma exceeding 50 and not exceeding 100 Rupees, the 28th December, 28th March, and 28th June. 2. Accordingly, in the case of Estates with a jumma not exceeding 10 Rupees, the revenue of the year, excepting the Chyte kist, would be payable on or before the 28th of March of the same year, and the Chyte kist on the 28th of March of the following year; and so, in the case of Muhals No. 750. Misc. DEPT. Ruling of Sud- der Court promul- gated to the effect that parties dis- possessed of land by the Revenue Authorities, cannot bring the case into the Criminal Court under Act IV. of 1840. No. 75l. Misc. DEPT. Explanation of notice of latest dates of payment published in Ga- zette of 4th Fe- bruary, 1845. 5 D 382 CIRCULAR ORDERS, Circular, No. 75l. Aug. 17, 1849. C. No. 752. MISC. DEPT. Certificate to be required under Act XX. of 1841 be- fore paying money of deceased per- sons to individuals claiming to be legal representatives of the deceased. No. 753. Misc. DEPT. Collectors to hold sales for re- covery of Abkaree Revenue on requi- sition of that De- partment. with jummas above 10 to 50 Rupees, the revenue of all but the Chyte kist would be payable within the year, and of that kist on the 28th of December of the following year; while in the case of Estates with jummas above 50 to 100 Rupees, the Chyte kist would be payable on the 28th of June of the following year. Q 3. You are requested to instruct the Collectors subordinate to you accordingly. O © No. DCCLII. TO THE COMMISSIONERS OF REVENUE. August 17, 1849.-No. 34. I AM desired by the Sudder Board of Revenue to inform you, that they have ruled that the proper course for a Collector, as being the safest, is to require the production of a certificate under Act XX. of 1841, in every case, before paying away the money of a deceased person to any person claiming to be the legal representative of the deceased. 2. The Board consider that this rule carries with it no hardship, as the process necesary to obtain a certificate appears to be simple and cheap. NO. DCCLIII. TO THE COMMISSIONERS OF REVENUE. September 7, 1849.—No. 35. UNDER the orders of Government, as communicated in Mr. Secretary Grant's letter, No. 675, dated the 21st ultimo, I am directed by the Sudder Board of Revenue to request that you will instruct the Collectors of your Division to make, on the requisition of the Abkaree Department, all the sales of land that may be requisite for the recovery of arrears of Abkaree Revenue. SUDDER BOARD OF REVENUE. 383 NO. DCCLIV. TO THE COMMISSIONERS OF REVENUE. September 7, 1849.-No. 37. IN STANCES having frequently occurred of Deputy Collectors addressing communications direct to the Board, in contravention of the rule requiring them to submit all applications through the channel of their official superiors, I am directed by the Sudder Board of Revenue to request that you will enjoin strict observance of the rule in question on the part of those Officers. NO. DCCLV. TO THE COMMISSIONERS OF REVENUE. September 11, 1849.-No. 38. AM directed by the Sudder Board of Revenue to annex an extract, paragraphs 2 to 4, from a letter from the Secretary to the Government of Bengal, No. 719, dated the 31st ultimo, and to request that in granting copies of official papers, you will be guided by the views therein expressed, and that you will instruct your subordinates to the same effect. EXTRACT FROM A LETTER FROM THE SECRETARY TO THE GOVERN- MENT OF BENGAL, REVENUE DEPARTMENT, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 719, dated 31st August, 1849. 2. It appears that in 1844 the Board submitted a reference to Government on the petition of a certain person who claimed to succeed to a pension which he contended was hereditary. The senior member, Mr. Pattle, thought the petitioner had a right to succeed; the junior member, Mr. Lowis, thought not. Each member supported by argument his view of the case: Government decided against the This person has now petitioned the Board, first, for a copy of the Board’s letter reporting his case to Government; and secondly, for copies of the decennial settlement papers relating to the original grant of the pension. It is conjectured that he intends to sue for his pension in a Court of Law. Mr. Gordon would refuse him both copies; Mr. Ricketts would grant him both. The reasons urged by both members are general, and applicable to all similar cases. It is on general grounds, therefore, that the Deputy Governor's decision is required. petitioner. No. 754. MISC. DEPT. Deputy Collec- tors enjoined to forward their com- munications thro' their official supe- riors. As a fºr No. 755. MISC. DEPT. Rule to be ob- served in granting copies of official documents to par- ties applying for them. 384 CIRCULAR ORDERS, Circular, No. 755. Sept. 11, 1849. — O 3. The Deputy Governor has endeavoured to ascertain what the practice in respect to the granting of copies is, and he believes that it is uniformly against giving parties interested copies of the minutes and discussions of the members of Boards. A party interested certainly has a right to have a statement of the final order in his gase and the grounds of it. In the present case, these were contained in the orders of Government, which the petitioner has probably obtained, for he does not ask for a copy of them now. But the discussions of the members of a Board can be of no real use to a party, after his case is decided. In the present instance, the Board’s report was, in fact, though not in form, nothing but the minutes of the individual members, and although his Honor is not aware that any INo. 756. MISC. DEPT. Report in Eng- lish to be forward- ed along with peti- tions of appeal in butwarrah cases, together with the mative papers. inconvenience would result, in the present case, from giving the petitioner a copy of them, he is of cºpinion that it is better to hold to the general practice, which he believes to be a very salutary practice. It is to be presumed that the party was fully informed of the result of his application at the time, which is all that he is really interested in. 4. But as to the copies of the Decemnial Settlement papers which the petitioner wants, these seem to his Honor to stand quite on a different footing. The petitioner’s case does or may depend upon these papers, which are not arguments but evidence. Government never shows the least hesitation in giving parties interested access to public documents which they want to use as evidence, even though they may be wanted to be used against Government itself. If Government think a party has a just case, it yields to his claim. If a party can make out a just case, in a claim against Government, to the satisfaction of a Court, Government is not aggrieved. His Honor believes that it is the practice to grant copies of documents of this nature, and he considers the practice unobjectionable. , e NO. DCCLVI. TO THE COMMISSIONERS OF REVENUE. September 14, 1849.—No. 40. WITH reference to Section 3 of the Rules of Practice for the Sudder Board of Revenue, I am directed by the Board to request that, in future, in forwarding appeals presented to you against your orders in butwarrah cases, you will, as an invariable rule, transmit with the native missil of the case, a report in English, in the prescribed form, on the petition of appeal. SUDDER BOARD OF REVENUE. 385 } NO. DCCLVII. • TO THE COMMISSIONERS OF REVENUE. October 5, 1849.-No. 41. e No. 757. p MISC. DEPT. WITH reference to the Board's Circular, dated the 27th July last, No. Form of state- 30, I am directed by the Sudder Board of Revenue to annex hereto a form #..","...m. of statement” to be adopted by Collectors, or other Officers exercising the ºx. .."; Act powers of a Collector, whenever they may have occasion to report, for the information of Government, as required by Section 2, Act XX. of 1848, the imposition of fines by them under the authority vested in them by the 1st Section of that Act. 2. It should invariably be mentioned in the column of remarks, along with any other suitable explanations, that the sanction of the Commissioner to the summoning of the parties, or the call for papers, was duly obtained in those cases in which such sanction is required by Law. , ºmºmº-seasºn-essms : ºssºsºmºsºsºsºs ºs Statement of fines inflicted by Collector (or Superintendent of Survey) of *Inder Section 1, Act XX. of 1848. lº | 2 3 4 5 6 7 8 9 10 || 1 || I 2 ă ă ă ă ă g|; # = } |& |é & District. Name of Names of Objectſ; H = ||... . |} : # * |33 || |3 = Eº and Zemindars. of cali. i* 5 3 #|, #3 sp § 3 + | 5 || || Remarks. |Pergunnah. # , ; ; 3 = |g a .5 º; 2 & 3 : 5, - p: 5 & 5 -, -, -5 |# 3 - || 3 + š"| 3 . |} : | # = |* #|P:#|&# g|3:5. “ 3|S: 5 § g| = |* = F * = 5 | #|- = ; | * See revised form of statement of imposition of fines, with a separate form of realization of fines, appended to C, O. 28th June, 1850, No. 38. 386 CIRCUIAR ORDERS, No. 758. Misc, DEPT. Forms of Price Currents forwarded by Superintending Engineers to be filled up by Collec- torS, O NO. DCCLVIII. TO THE COMMISSIONERS OF REVENUE. October 12, 1849.-No. 42. © I HAVE the honor, by direction of the Sudder Board of Revenue, to transmit to you a copy of orders of the Government, dated the 17th ultimo, No. 1210, and of the papers which accompanied them, for the information and observance of Collectors.” FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 1210, dated 17th September, 1849. I am directed by the Deputy Governor of Bengal to transmit a copy of a letter from the Officiating Secretary to the Government of India in the Military Depart- ment, No. 34, dated the 1st instant, with enclosures, and to request that the Sudder Board will issue the necessary orders to the Collectors of Districts for filling up and forwarding to the proper quarter, forms of the Price Currents therein referred to. FROM THE OFFICIATING SECRETARY TO THE GOVERNMENT OF INDIA, MILITARY DEPARTMENT, TO THE SECRETARY TO THE GOVERNMENT OF BEN GAL. No. 34, dated 1st September, 1849. With reference to the extract from a despatch from the Military Board (Depart- ment Public Works) No. 1778, of the 26th June, 1849, paragraph 24, with the two forms of Price Current hereto appended, which have been approved by the Hon’ble the President of the Council of India in Council, I am directed to request that under the permission of the Hon’ble the Deputy Governor of Bengal, instructions may be issued to Collectors of Districts to cause the forms of Price Current of the several articles enumerated in lists similar to the specimens forwarded herewith, which will be forwarded to them once in each quarter by Superintending Engineers, to be carefully filled up, according to existing prices, and returned to those func- tionaries for transmission to the office of the Military Board. EXTRACT OF A LETTER FROM THE MILITARY BOARD, (DEPARTMENT PUBLIC WORKS.) No. 1778, dated 26th June, 1849. Para. 24. In order, however, that the examination of estimates and bills may be further facilitated in this office, we do ourselves the honor to submit for the * For further observations on the same subject see correspondence annexed to C. O. 8th October, 1850, No. 66. suddER BOARD OF REVENUE. 387 approval of Government, the enclosed tabular forms of Price Currents, which in accordance with the wishes of Government expressed in the 3d paragraph of Major Wyllie’s letter under reply, we will request Superintending Engineers to forward to the Collectors of the different Districts within their respective Provinces, with the view that the rates of the various articles therein inserted may be specified and submitted to our Board quarterly. º |PROPOSED PRICE CURRENT. List of materials used in the Department of Public Works in the construction and repair of buildings, roads and other works. 9 MA son RY MATERIALs. Brick, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tile, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stone slabs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mutkah tile, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Edging ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jhamah, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Soorky, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Khoah. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . §.") baked earthen, * * * * * * * * tº $ tº e º 'º e º e º a tº gº tº gº tº e º 'º e º e º ºs pouts, Stone lime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shell ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ghooty lime, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hydraulic lime, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tºtºtegºe*© tºfºtºg*sº Sand,’ . . . . • e º e º e s e e º e s e º e º e e s * tº e º e º 'º e º a tº de C e º 'º tº º e º G e g º º WooD Work. Saul wood, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto beam, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto burgahs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto chowkuts,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Teak wood, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto chowkuts, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto planks, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jarrool ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IRoN MATERIALs. Iron per maund, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iron worked up into rough tools, seers per Rupee, . . . . . . . . . . . . Nails, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Padlocks, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bolts, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bar iron, seers per Rupee,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rod iron, ditto ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tin, seers per Rupee, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lead, ditto ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brass, ditto ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAINTs, &c. Priming paint, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Red ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Green ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yellow ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Black ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . White ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Value. Of what quantity. Remarks. Circular, No. 758. Oct. 12, 1849. 1 Y. 388 CIRCULAR ORDERS, Circular, No. 758. Oct. 12, 1849. { *— Y- ) PAINTs, &c. Verdigris, e e s e e s e”e e o e > * * * * * * * * * * * * * * * * * * * * * * * * * * * * White lead, e e e s e e o e e º e º ºs e e s e e º e º e º e º 'º e º e o e º e º 'º º a º Chalk, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e dº e s e e & Red ochre, a e º e º e = e º e < e s e e s e e º e º e e s e º e s e º e & e & © e º e g º e º ºs e e Linseed oil, º, e. e. \, e e s º e a de e º 'º e º º e º e º e º e º 'o e º & © & e º e º e º 'º a Coal tar, e e s e o sº a s e o e º e s e s e e e o e º 'º e s e e s a e o 'º e º e º e º e º 'º e s & e tº Pitch, e e º e º e º is e o e º e º e º e º G & º º & © e e º 'º e º gº e g º e s tº ºr e º e º e e Varnish, e e e g º e º e e s tº e º e º e º e º e s 6 tº e s = tº ſº e º te º 'º tº e º 'º dº e º º ſº MISCELLANEoUs. Glass panes, e s e g º ºs e e s e º e º e º e e s e º e s c & © tº G & e º & © tº e º e º 'º e º e º º e Bamboos, e tº e e º e º 'º e º ſº º $ tº e º te & © & © & © tº • * * * * g : * e ºs e º ºs & © tº Cane, s e º e º e e º e e < e < e º e e s e º e º 'º º e º & © e º e º e º & © tº & e º e º & © tº * Reeds, .. * g º e º 'º e º sº e º e º e º e º ºs e s m e º sº e e º º e º e º a dº e º e º e º 'º º º ºs Mats, tº e º e º e º 'º e º 'º s • * : * e e s e e º e º e dº e º e s e s tº e s a se tº e º ºs e º sº Bamboo mats, • e s = e s = e s a • * * * * * * * * * * * * * * * * * * * * * * * * * Ratan ditto, * * > Gº tº º • * ~ * gº º e º 'º e e º e º a c e º e e g o e º e º e º & º º te e & Durmah ditto, e e º e . . . . e e e º sº e s e s e e e º e º e º 'º e º e s e º e º e e s e Grass for thatching, e s ºr e º e º º ºs e e º a s e º e º e e º 'º e º 'º e º º ſº tº º & Straw for ditto, a s e e e s e e º e º e e s a e e s e º e º e º e º e º e º e º e º sº º tº º e º 'º e tº º & º e Date leaves, sº e º e º e º ºs e e º e o e º s e º a • * * * * * * * * * * * * * * * * * * * * * * * * Jute, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jute rope, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto string, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coir rope, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto string, e e º e º 'º e º e º e s & e s tº e º e º a c e º 'º e º e º 'º e º ſº e º 0 ° e º e * Khuskhus, o e e e a e e o e º e s e e e s tº º e s e º e º e º 'º e º 'º e s tº º e o e s is dº e º e a e e Nauds, . . . . e e e e s e s e e s e e s e º a s = e s is e º e a e º e º e s e e º e º e tº º me tº tº e tº º º e “º Gamlais..................................... te e º de e g º e º e º 'º Kulsee, tº e e e e o e º e o a e e s e º e º e < e < e < e < * * c e e º e o e º 'º e Khurwa cloth, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dungry ditto, . . . . e e º e e e s e a e º e s e º 'º e º e º e º 'º e º 'º e º e e º a s e a e • * * * * * Dosoottee ditto, ge º e s tº e º e e a e s e º e º e º e º 'º º e º 'º e º e º dº ſº e • • * * tº dº º ºs e s Dootee ditto, as e e º e º e º e e º 'º e g is e e º e e º 'º e º & e º 'º e º 'º e º e º e º 'º Value. Of what quantity. Remarks. COMMISSARIAT DEPARTMENT. Price Current for the quarter ending at the station of —. Wheat, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ottah. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rice lst sort. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto 2nd ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e e º e º e e tº e º e e º 'º Ditto 3rd ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paddy,. . . . . . . . . . e a e e s tº e º e º e º e º a e s e e º e s s a e e e & e º e e a e º e s e Boot gram 1st sort, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto 2nd SOrt, e e s e e º ºs e º e º e º e º e º e º º t e º ºs e º e s e e º e s e e a Moat gram, tº º e º & G & º º ºs e º e º a tº tº º tº $ tº º e º e º e º e e º 'º t e º e º a Oats, e e s is a e º s is a tº e º ſº a tº e º 'º & 8 tº e º e º e º e s e º 'º º e º e º ſº º s e e e s e e s e Kullie, .. e e º e s e º e º e º º ºs e e º 'º e s tº e º e º e º e s a e s is e s e º e º e s g g º a Barley, e & © e º O & tº gº ſº e º e º & © tº e º 'º º e e º e º & e s e º & e º e g º e e e º ºs Dál urrur, s e e g º O e g º s º & © e º is is tº dº e º dº e & Cº º is © tº gº & e g c e s tº e º 'º gº tº e º & Peas, e e s ∈ e o e º & G & © & & e º e º 'º & © tº e º e º 'º e º a G e º a dº e º 'º e Bhoosa white, e e º e º e º e º 'º e o ºs e e e º e º 'º a c e º e º e º ºs e e s e e e e tº & º ſº º Ditto mixed, e e º 'º e º & e º 'º º ſº tº e º e º º te e º C G e º g c tº e º 'º - e. e. e. e. e. e. e. e. e Salt lst sort, * * * g e º ſº ºn tº º e º e º e º 'º e º e º te e s e º e º e º e s tº a Ditto 2nd sort, * * * * * * * * * ~ * * * * * * * g e º e º ºs e e º e º e º 'º e ::::: * Ghee, Cows,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto, Buffaloes,’ & e º 'º e º 'º e º 'º e s tº e º 'º e º e s e s e e º C G & e a º ºs e e Quantity or number per Rupee. No. M. S. Ch. SUDDER BOARD OF REVENUE. 389 } Quantity or number per Rupee. No. |M. S. C. Firewood lst sort, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto 2nd sort, ................ Bread 1st sort single loaves, ... . . . . . . . . . . . . . . . . . ............ Ditto 2nd sort ditto ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . ........ Sheep best grass fed, per corge, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bullocks ditto ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Butter lst sort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto 2nd ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Fowls 1st ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º -> * ~ * * Ditto 2nd ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto 3rd ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oil cocoanut per seer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto, mustwrd, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sugar Candy, country, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Ditto chenee, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Flour, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Soojee best, ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ditto soldarrie, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Green grass, . . . . . . . . . . . . . . . . . . . . . . . - c e e - ! Hay,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I certify that the above were the current rates in the for the last quarter, sa, wt. and the Company’s Rupee in currency. 3. - (Signed) A. B. • Collector. the seer being NO. DCCLIX. TO THE COMMISSIONERS OF REVENUE. October 19, 1849.-No. 43. V V ITH reference to Circular, No. 15, dated 20th April last, and the replies received thereto, I am directed by the Sudder Board of Revenue to circulate Board to Government, No. 220, dated for your information a copy of the COI’I’é- the 7th August. . . o & Government in reply, No. 765, dated spondence specified on the margin. the 17th September. - FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERNMENT OF BEN GAL. No. 220, dated 7th August, 1849. In reply to your letter dated the 5th April last, No. 299, forwarding a copy of a letter from the Secretary to Government North West Provinces, dated the 21st of March, No. 970, and of its annexure, and enquiring with reference to the closing sentence of the latter, what is the actual, as well as the authorized practice which obtains in the Districts under the Board's control, in regard to the supply of fuel to Circular, No. 75s. Oct. 12, 1849. Y L/ No. 759. Misc. DEPT. Correspondence circulated relative to the supply of fuel, straw and cooking pots to Se- poys on march. 5 F 390 CIRCUI, AR ORDERS, º Circular, No. 759. Oct. 19, 1849. \- Y Sepoys, I am directed to submit an abstract of the replies of the Local Officers on the subject and to observe as follows. - 2. The Board took the opportunity of enquiring respecting the supply of straw and cooking pots as well as fuel. The rule, it would seem, is, that all articles should be paid for; but it appears that oftentimes the above several articles are not paid for. Usually, the losses sustained by the Zemindars are made good by a cess on the ryots in the neighbourhood. 3. All complaints on the part both of the Zemindars and the Troops would cease, the Board observe, if Collectors made over the supplies indented for to the Quarter Master of the corps, and received from him cash for the whole, for imme- diate distribution to the owners of the articles supplied. A native moodee and the Quarter Master’s ostablishment would dispose of the supplies to those who wanted them, and any surplus might be sold by auction before the Troops left the ground. 4. By such arrangement loss would seldom be sustained, for estimates would be prepared with care, and payment being secured, prices would be moderate. FROM THE OFFICIATING SECRETARY TO THE GOVERNMENT OF INDIA, MILITARY DEPARTMENT, TO THE SECRETARY TO THE GOVERNMENT OF BBN GAL. -y s No. 24, dated 1st September, 1849. In reply to your office communication, No. 669, of the 18th instant, I am directed by the Hon’ble the President of the Council of India in Council to observe for the information of the Hon’ble the Deputy Governor of Bengal, that the non- payment of the price of straw, fuel, and cooking pots supplied at halting places to native Troops, seems to be principally confined to small parties under native commissioned or non-commissioned Officers. t 2. The plea on which Sepoys are said to have resisted payment for these articles on entering the Districts subject to the Government North Western Provinces, viz. “ that no such demand was made in the Bengal Division of the Presidency,” is, I am to state, altogether futile, for the Circular from the office of Published by the Government N. the Adjutant General of the Army, No. 1528, W. * * * * * * dated 15th August, 1848, promulgating to the Army a motification in the Judicial Department by his Honor the Lieutenant- Governor, dated Agra 28th April, 1848, No. 1695, relative to the provision of and payment for supplies from the Kurumnassa river to Kurnal, is well known to Commanding Officers of Regiments, and was ordered to be fully explaimed to the men of native corps, and the former orders on the subject, of which no Sepoy is ignorant, are applicable to every District in which Troops may be moving. 3. It is believed on the other hand, that the people of the country are well aware of their right to demand and receive a fair price for every article of supply furnished to Sepoys, and that every facility of complaint is afforded in case of payment being resisted. & SUDIDER BOARD (QF REVENUE. 39 | ) 4. Bclicving therefore, that existing regulations provide sufficiently for the Circular, No. 759. interests of the villagers and of the soldier, the Hon’ble the President in Council is not disposed to consider any further enactment on the subject necessary. 5. The original enclosures of your despatch under reply are returned, as requested, but I am to beg that copies may be furnished to this Department as early as practicable, to complete the records. ORDER of THE GovIRNMENT OF BENGAL, DATED 17th SEPTEMBER, 1849, No. 765. S Copy forwarded to the Sudder Board of Revenue with reference to their Secre- tary’s letter No. 220, of the 7th ultimo. T } No. DCCLX. TO THE COMMISSIONERS OF REVENUE. October 26, 1849–No. 45. f THE Sudder Board of Revenue having received and considered the returns to their Circular, No. 72, dated the 19th of June, have desired me to intimate, that the fixed monthly sum of 50 Rupees” allowed to Commissioners by a Resolution of Government in the Territorial Department, dated the 30th December, 1828, for contingent expenses of the kind specified in Government } Page 118, Peters, orders of the 24th November, 1829, is shewn by the returns to be ordinarily ample to cover not only those contingencies, but all legitimate contingent expenses whatever, excepting boat hire for long trips on circuit, which may properly be included in the bills for the travelling allowances of the establishment. 2. The Board will accordingly expect the fixed allowance in question to cover all contingent expenses, properly so called, whatever—boat hire incurred on account of long circuit trips excepted. Whenever therefore a contingent bill is submitted for the sanction of the Board, it must be explained why the charges included in it could not be met out of the fixed monthly allowance of 50 Rupees. * This allowance has since been virtually withdrawn. Under the Rules published in the supple- mentary Calcutta Gazette of 22d February, 1851, the allowance for articles of stationery is withdrawn in all offices from 1st May following. With reference to these orders, the Board have held that expenses not coming under the denomination of “stationery contingencies” described in Rule XXXI. are to be charged in separate contingent bills, to be submitted monthly for the Board’s countersignature—the stationery contingent bills being submitted to the Superintendent of Stationery as provided for in the Rules. Oct. 19, 1849. ) Y- 4 No. 760. Misc. DEPT. Descriptions of charges to be met out of the monthly allowance assigned to Commissioners in 1829 for contin- gencies. 392 CIRCULAR ORDERS, Circular, No. 760. Oct. 26, 1849. C Y No. 761. Misc. DEPT. Precedents pub- lished in Bengalee Government Ga- zette intended to secure uniformity of practice and to serve as a guide in similar cases. No. 762. MISC. DEPT. Uncovenanted Deputy Collectors not competent to impose and levy fines under Act XX. of 1848 with- out previous sanc- tion of their Cove- manted superiors. Q 3. Punkah-pullers and the expenses attendant on tatties during the – hot weather months, may properly be included as contingent charges; but it is to be distinctly understood that charges on account of extra establishment, such as writers, mohurirs, and chuprassies, whether entertained temporarily or permanently, are not, as the Board find has sometimes been dome, to be defrayed out of the allowance in question, even though a surplus may remain sufficient to meet such charges, inasmuch as any expenditure on account of extra establishment, without the previous sanction of Government, has been repeatedly and strictly prohibited. 4. Any portion of the aggregate allowance of the year which may not be expended under the present orders, should be carried annually to the credit of Government, through the Collector. No. DCCLXI. TO THE COMMISSIONERS OF REVENUE. November 2, 1849.-No. 47. I AM directed by the Sudder Board of Revenue to request that you will draw the attention of the Collectors of your Division to the Precedents published by them in the Bengalee Government Gazette, beginning with the issue of the 11th ultimo ; and inform them that they are published with a view to the introduction of uniform *practice, and are to be regarded as the guide in all similar cases. NO. , DCCLXII. TO THE COMMISSIONERS OF REVENUE.” November 20, 1849.-No. 159. I AM directed by the Sudder Board of Revenue to instruct you for your information and guidance and for communication to your subordinates, that, reference being had to Section 6, Act XX. of 1848, the Board are of opinion that an Uncovenanted Deputy Collector has no power of his own to impose and levy a fine, under the Act in question, but must obtain the previous sanction of his Covenanted superior. * This Circular was issued only to those Commissioners in whose Divisions Surveys were in progress, viz. Bhaugulpore, Jessore, Dacca and Moorshedabad. t; SUDDER BOARD (QF REVENUE. 393 } NO. DCCLXHHH. TO THE COMMISSIONERS OF REVENUE. November 23, 1849.-No. 48. CoN SIDERABLE inconvenience being experienced in survey and settle- ment operations, in consequence of the great variety of local measurements in use in different Districts, and in different parts of the same District, the Sudder Board of Revenue are pleased to djrect, that in all measurements in 8. the Lower Provinces made under their authority, the Bengal beegah of 14,400 square feet shall be adopted as the standard, except when special orders may be issued to the contrary. NO. DCCLXIV. TO THE COMMISSIONERS OF REVENUE. November 30, 1849.-No. 49. H AM directed by the Sudder Board of Revenue to request that the Towjees of Muhals not on the rent-roll for the first quarter of each year, may be submitted for the Board's inspection with your resolutions thereon, along with the bukya Towjees of rent-roll Estates, the submission of which in August of each year, is directed in para. 12 of their Circular of the 17th July last, No. 29. NO. DCCLXV. TO THE COMMISSIONERS OF REVENUE.* November 30, 1849.—No. 165. H AM directed by the Sudder Board of Revenue to request, that you will impress upon the Superintendents of Survey and the Deputy Collectors subordinate to them, the necessity of great caution in carrying out the provisions of Act XX. of 1848, in order that no needless and harassing calls may be made on land-holders. * This Circular was issued only to those Commissioners, viz. Jessore, Bhaugulpore, Moorshedabad, and Dacca, in whose Divisions Surveys were in progress. No. 763. Misc. DEPT. Beegah of 14,400 square feet, the standard of mea- surement in Ben- :al. t No. 764. Misc. DEPT. First quarterly Towjees of Muhals not on rent-roll, with Commission- er’s resolutions, to be submitted to Board, along with the quarterly bukya Towjees, in August of each year. ** No. 765. Misc. DEPT. Caution enjoined on officers of the Survey Depart- ment to avoid needless calls on Jand-holders under Act XX. of 1848. J 5 G J 394 CIRCULAR ORDERS, No. 766. Misc. DEPT. Necessity en- joined of filing authenticated co- pies of decisions, on stamped paper, within the pre- scribed term, when- ever appeals are preferred. No. 767. Misc. DEPT. Prohibition of Court of Directors against purchase of buildings for public purposes without previous survey and report of Exe- cutive Officer. (\ NO. DCCLXVI. To THE COMMISSIONERS OF REVENUE. ( ) December 11, 1849.-No. 51. & AN instance having been reported to the Sudder Board of Revenue of a special appeal to the Sudder Dewanny Adawlut having been struck off the file in consequence of authenticated copies of the decisions of the Lower Courts, on stamped paper, not having been filed within the periods allowed by Law, I am directed to request that you will call the attention of the Collectors in your Division to the necessity of filing authenticated and stamped copies of the several decrees previously passed on the occasion of such appeals, within the prescribed term. NO. DCCLXVII. TO THE COMMISSIONERS OF REVENUE. * December 14, 1849.-No. 52. H AM directed by the Sudder Board of Revenue to transmit herewith for your information and guidance, a copy of the orders of Government dated the 29th ultimo, No. 1966, relative to the purchase of buildings for public purposes. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SUDDER BOARD OF REVENUE. No. 1966, dated 29th November, 1849. to I am directed by his Honor the Deputy Governor of Bengal to forward for your “No building must in future be pur- chased for public purposes, without the pre- vious survey and report of the Executive Officer of the District, and we desire that you will make known to the service gene- rally this our injunction.” information and guidance the accompanying ex- tract from para. 6 of a despatch, No. 13 of 1849, dated the 29th August last, from the Hon’ble the Court of Directors. SUDIDER BOARD GF REVENUE. 395 j NO. DCCLXVIII. TO THE COMMISSIONERS OF REVENUE. December 18, 1849—No. 53. I N continuation of Circular Qrder dated the 15th June last, No. 22, on the subject of the arrangement of Collectorate records, I am directed by the Sudder Board of Revenue to forward herewith a form of general register calculated to meet the conditions of the Circular. 2. It will be seen that the form is adapted to the Muhalwaree principle of arrangement, which the Board understand to be more suitable to the Bengal Districts than the Mouzahwaree arrangement in use in the North West Provinces. 3. The minor registers of the contents of each almirah or shelf may be, mutatis mutandis, in the same form as the general register. In fact, the latter will be little more than a combination of these separate registers. 4. It has not been considered necessary to introduce a column for summary suit cases, or for cases of sales other than sales for arrears of Reve- nue, as the Board understand that in most Districts these records are already arranged according to the year in which the cases were instituted. The labour of re-arranging them would be very great, and no advantage compen- sating for the cost of that labour would be secured. 5. All quinquennial papers, and papers relating to a number of Muhals which do not admit of being broken up, to be kept in the same bustah with the records of each separate Muhal, should have a separate press assigned to them, in accordance with the principle indicated in the extract, para. 68, following para. 2 of the Circular. 6. The survey records however will admit of Mouzahwaree arrange- ment, and 'should not be mixed up with those relating to ordinary matters connected with Land Revenue. They should have separate presses and separate registers." All Pergunnah volumes, Muhalwar and Mouzahwar registers, and such documents, consisting rather of volumes than loose sheets tied together, should have a distinct shelf, with a separate list, forming an appendix to the general survey register. The form which appears suita- ble for this register is hereto appended. No. 768. Misc. DEPT. Forms of general registers of ordi- mary records and survey records, to be observed in ar- rangement ordered by C. O. 15th June, 1849, No. 22. “SłIGICIHO HVºIſhoºHIO No. of Almirah. No. of shelf or com- partment. No. of almirah. * No. of shelf or compartment. : f i i i No. of bustah. Settlement. Butwarrah. No. of bustah. Dakhil-kharij. t") bſ) P-> bſ) P-, P-, 80 tº -, so to P. So to 3 ‘s 9 3 ‘s 9 $ 's 2 ||a 2 | # 2 lºs y | # ‘5 a | 3 : | . ; : | . ; ~ ... 3 || 3 || || 3 # || 3 | f = 3 || || 5 | is # H tº e e G 0 12 0 || 1 4 0 || 1 16 0 || 2 8 0 || 3 0 0 || 3 12 0 . 4 4 0 || 4 16 0 || 5 8 0 || 6 0 0 Serampore, y 9 * ~ * . . . . . 0 1 12 || 0 3 0 || 0 4 12 || 0 6 0 || 0 7 12 || 0 9 0 || 0 1 0 12 | 0 12 0 || 0 || 3 | 2 || 0 15 0 Blue, y y º e ... sheets .. #| 0 0 } #| 0 0 # | 0 0 # 0 0 13 || 0 0 if 0 0 13 0 1+} 0 0 13 China, 5 y I do . . . . . Same as Serampore paper. - - Arwally, 9 3 Q = e e ... Same as cartridge paper. º French foolscap, , , - & . . . . . Allowed in lieu of Serampore paper, 2 reams French to 1 ream Serampore. º Mill boards | ? tº º ... sheets .. # # # # # # l # l Quills, .. © º tº º number.. 262} 525 787% } 050 1312; 1575 1837} 2100 2362% 2625 s Sealing wax, .. e tº G G tº e 127% 255 382% 5 10 637; 765 892; 1020 114.7% 1275 Wafers, .. tº Q e tº © Co º is # # l; 13, l; 2} 2# 3 3# 3# Tape, & Cº. e - ge & e 12 24 36 48 ,60 72 84 96 108 120 Black ink, e e © tº tº º e e 6 12 18 24 30 36 42 48 54 60 Red ink, e - e - tº e e 2} 4% 6# 9 l 13. 13% 15} 18 20+ 22% Pounce, ... . © e e Q OZ. . # # 2} 3 3# 4% 5} • 6 6# 7% Europe sand, .. • ... packet . + # # 1 13. 1% l; 2 2} 2} Country sand, © e ... ditto .. +'s # * 3. # § # # # # Wax cloth, .. tº º ... piece .. # * #3 # ## # # # #3 # White, coarse, • a e e ditto .. T's § * # Hºr # #y # # # Green Ribbon, .. º e ... yards . . 1% 3. 4% 6 7% 9 10% 12 13} 15 Silk thread, º e e tº tolah # l 1% 2 2} 3 3} 4 4} 5 Parchment, .. tº º tº º ... Nature of consumption to be stated, otherwise reject. * Pencils, black lead, tº º & & © e 4}. 9 13% 18 22% 27. 31% 36 40% 45 India rubber, .. e - • s * * * # 13 2} 3 3# # • 53 6 6# 7% Paste boards, & O © a e - e e 6 12 18 24 30 36 42 48 54 60 Slate pencils, .. tº e tº Q º 50 per slate. º Wax candles, © tº tº ſº lbs. . Tº |< $ * # # # H's # *; § * N. B. It is hereby notified to all officers receiving public stationery, that all indents for stationery are checked agreeably to this scale which was sanctioned by Govern- ment in Mr. Under Secretary Seton Karr's letter, No. 658, of 25th May, 1848, and that the Board have no authority to pass any excess to it. The scale however is very liberal, allowing 50 per cent, additional to the ordinary expenditure of the different public offices in communication with which it was calculated in 1841; it accordingly generally occurs that indents are within the scale. Indents from officers above Allahabad to be sent to the stationery office on 1st of July of each year, and indents from officers below Allahabad on the 1st October of each year. Vide Calcutta Gazette, 3rd March, 1847, page 202. - r < : — 406 - CIRCULEAR ORDERS, No. 775. MISC. DEPT. Revision of de- posit accounts with periodical reports of progress—Com- missioners to exa- mine Assistants who have been less than 3 years out of College. NO. DCCLXXV. To THE COMMISSIONERS OF REVENUE. February 15, 1850.-No. 12. O | AM directed by the Sudder Board of Revenue to forward herewith for the information and guidance of yourself and the Collectors subject to your control, a copy of the correspondence specified To Government dated 10th April last, Q & º No. 88. on the margin, and to communicate the fol- From Government dated 13th Decem- - • * ber, 1849, No. 1085, with some of the lowing instructions relative to the revision of enclosures. the deposit accounts of your Division. 2. The Collectors should immediately commence upon the revision, employing their Assistants on the duty, as directed by Government. If there is no Assistant in any District, the Collector must either conduct the enquiry himself, or employ a Deputy Collector, or a trust-worthy and intelligent ministerial Officer on the duty. It is desirable that the task should be allotted to one person, rather than that several should be employed on it alternately, and the person entrusted with the duty, should be enjoined to devote a portion of his time daily to the work. In any case of difficulty, he should take the orders of the Collector, not by sending a proceeding or urzee, but by stating the case concisely in a book written on half margin, and the Collector should write his orders opposite to the statement. By this means much writing and copying will be avoided, and a convenient record, admit- ting of easy reference, will be prepared. 3. The Collectors will submit monthly reports of progress to you in the following form. Deposits adjusted during the month of — Items. Amount. Carried to profit and loss, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 l 976 Rs. Carried to other heads of account, . . . . . . . . . . . . . . . . . . . . . . 403 1,311 . Remaining in deposit, * * * * * * * * * * * * * * c q tº e º 'º e º ºs e º & e º a tº e º e 7 l 307 Total adjusted, ..................| 785 * 2,594 f 4. The Board will expect to receive from you quarterly a statement in the same form, shewing the aggregate of the three monthly statements b SUDDIER BOARD OF REVENUE. . 407 -- received from each District, and bringing forward each quarter the total Circular, No. 775. under each heading of the statement for the previous quarter. - 5. The Collectors should be particularly enjoined not to carry to profit and loss, items which ought to be credited to other heads of account, and to prepare an English list,” with an explanatory detailed statement of all items of old standing which may be left under the head of deposit. Where there are Assistants, the English list should be prepared by them, and where there are mone, it must be prepared by the Collector or his head writer. The Collector should commence the work himself, his Assistant sitting with him, and he should so thoroughly instruct his Assistant in the nature of the duty, that references for further instructions, except in special cases, may be unnecessary. - 6. The Board trust that the observation of his Honor the Deputy Governor, contained in paragraph 6 of the “Such work as this, his Honor thinks, - & might very advantageously be made over to letter of Mr. Secretary Grant transcribed on the Assistants, who, it may be feared under - the present system, receive too little prac- tical instruction in any part of their duty * •A • from their Chiefs, and are allowed few op. Y9% subordinates. They fear it must be É. : tº ºve * admitted that the rebuke is in a measure just. the margin, will not be lost upon yourself or They had occasion lately when passing orders on the annual reports for the past year, to direct that Assistants should be instructed and practised in settlement duties. For their instruction particu- larly in the branch of Revenue accounts, the Board purpose ere long to issue detailed rules with forms of account, for general introduction throughout Bengal, and they trust that all the District Officers under this Board will exert themselves to remove the impression entertained by the Government. There is no duty, they observe, which involves greater responsibility than a Collector's duty of training his Assistants. To neglect this, is to neglect the individual and to injure the community. 7. The Board desire that you will embrace the opportunity afforded by your periodical tours, of satisfying yourself by personal examination of the Assistants who have been less than three years out of College, that their training, has not been neglected, and that you will bring to their notice, for the information of Government, any instances of failure on the part of heads of offices to perform this 'duty. * To be carried up to the end of 1845, i. e. deposits of 5 years’ standing to be considered old deposits. C. O. 17th January, 1851, No. 3. f The general conduct of Assistants, unconnected with the performance of their official duties, is also to come under the supervision of the Commissioner.-See C. O. 25th April, of present year (1851), No. 11. - • * ? \- Feb. 15, 1850. Y- J 408 CIRCULAR ORDERs, Circular, No. 775. Feb. 15, 1850. V Y- J O º 8. The examination should embrace— 1st. Proficiency in the native languages. 2nd. Acquaintance with the Land Revenue Laws, and the Constructions and Circular Orders relating to those Laws and the duties of a Collector of the Land Revenue. Q 3rd. Acquaintance with Treasury accounts and the Circular Orders and Rules of the Accountant relating thereto. 4th. Acquaintance with Zemindaree accounts. 5th. Acquaintance with the system of Bengalee mensuration. 6th. Acquaintance with surveying, if any Assistant should desire to undergo an examrination in that branch ; in which, case, if the Commissioner should not be competent, and there should be a Revenue Surveyor in the neighbourhood, the examination will be conducted by the latter, or papers will be sent from the Deputy Surveyor General's office. 7th. The record of an old case of each of the classes liable to be brought before a Collector, should be made over to the Assistant without the final proceeding, and he should be required to pass a judgment on it, with the grounds of his decision, in English and in the Vernacular; and, if able, he should also draw up a final proceeding in the Vernacular of his own compos- ing, and with his own hand. It should be noted also whether the Assistant perused the record with or without the assistance of a native Officer, and to what extent. - © 9. The examination papers are to be forwarded with a report from yourself to the Board, and the Assistants should be given to understand that their future prospects in the service will naturally depend in some measure on the degree of proficiency to which they attain, and the extent of their acquirements as evidenced by these examinations, and the Collectors should be informed that the credit which may be earned by their Assistants will be reflected on themselves. - FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERNMENT OF BENGAL, REVENUE DEPARTMENT. No. 88, dated 10th April, 1849. I am directed by the Sudder Board of Revenue to submit for the consideration and orders of the Hon’ble the Deputy Governor of Bengal, the enclosed copy of a letter addressed by them to the Accountant (No. 10,) dated the 13th ultimo, and Mr. Assistant Accountant Maples’ reply of the 24th idem, (No. 199,) relative to the prevailing system of “deposits.” The copy of correspondence referred to in the last suddPR BoARD OF REVENUE. • 409 ). mentioned letter is also forwarded for the sake of easy reference, but it is presum- Circular, No. 775. ed to be already before Government. 2. In the first paragraph of his letter, Mr. Maples observes that the orders of the Hon’ble the Court of Directors, upon the subject of deposits throw difficulties in the way of the revision of the prevailing System. But to the Board’s mind the orders referred to throw no difficulties in the Way of such a revision of the “deposit” system as it seems to them desirable to have immediately carried out. On the 30th April, 1846, the balance of deposits is represented to amount to Rs. 1,23,46,200, and of this sum the Board believe that enquiry would show a crore to be Land Revenue, which never should have been deposited. The order of the Hon’ble Court referred to by Mr. Maples is, that sums properly deposited shall be held in deposit 20 years;–but the Court were not aware that Land Revenue collections, which ought to have been credited to “Land Revenue” and “ profit and loss” were deposited, and, therefore, it is impossible that their order could have embraced deposits of that mature. 3. In the Chittagong Division, as shewn in the correspondence enclosed with Mr. Maples’ letter, out of Rs. 17,35,017, no less than Rs. 13,54,430 were credited to profit and loss; and looking to this as a criterion, and to what appears to be the Nor-i, as adºs was ºuston in the Backergunge Collectorate, which Qºmº ºf P*.*Pºing the Baek- is probably also the custom of other Districts, the jº". º Board have no doubt but throughout Bengal the º, Çomºissioner, the Collectºr, says:- accounts might at once be relieved to the amount “It has been the custom in this Collec- e torate to retain under the head of deposits of nearly, if not quite, a crore of Rupees, if after sº . duly retaining in deposit all sums claimable con- of assessment.” formably with the Court’s order, only those sums irregularly deposited, and for which there can be no claims, are transferred. 4. But to attempt this great work of revision by means of the ordinary establishments, would, in the Board’s opinion, be useless. It would not be efficiently performed. The same course of proceeding would not be pursued in any two offices. There would be continued references, much delay—and in many places a second revision would prove necessary. The Board would propose, therefore, the employment of an able native Officer, with six Mohurirs under him, especially for this duty. He should go from District to District, beginning with the Jessore Division; or should it appear that the enquiry at each office will occupy a considerable period, a second, and even a third Officer might be appointed. By this means the revision would be conducted on the same principle every where, and be most efficiently performed. - 5. The necessity for the revision which the Board suggest is, they believe, sufficiently palpable, and if Government should acquiesce in the foregoing proposal for carrying it into effect, the Board will at once proceed with the measure; but considering the experience and talent necessary for the task, and the disagreeable- Feb. 15, 1850. \ Y- J 5 L 4 10 * cIRCULAR ORDERs, Circular, No. fºr A-, - // O. Feb. 15, 1850. \— ~~ — * Q - ness and expense of moving, the remuneration should be handsome, and they recommend the following scale as suitable to the occasion. 1. Native Superintendent (2 250 Rs. per mensem. 2. Mohurirs, each (a) 30 Rs. , JJ 2. Ditto, each @ 20 Rs. , 22 2. Ditto, each (a) 10 Rs: ,, J5 FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 1085, dated 13th December, 1849. In continuation of Mr. Seton Karr's letter No. 945, dated the 5th instant, I am directed by the Deputy Governor of Bengal to forward for the information of the Board, a copy of the reply from the Accountant’s office, now received, to the reference made to that office on receipt of your letter No. 88, dated the 10th April last, relative to the deposit accounts in Collectors’ offices. A copy of all the t? correspondence that has passed on the subject From Commissioner of Chittagong, dated löth February, 1847, No. 1137. To Secretary to Government of India, Home Department, dated 4th March, 1847, No. 169. To Commissioner of Chittagong, dated 4th March, 1847, No. 51. To Officiating Accountant Government of Bengal, dated 24th July, 1849, No. 594. To ditto ditto, dated 5th November, 1849, No. 944. From Assistant Accountant Govern- ment of Bengal, dated 13th November, 1849, No. 68. - To Accountant ditto, dated 13th De- cember, 1849, No. 1086. and is not already upon the Board’s records, is also here with forwarded, including the letters from Mr. Ricketts when exercising the powers of the Board at Chittagong, wherein the question was first raised. 2. The Deputy Governor understands the Board’s object to be to remove from the head of deposits, in the accounts of each Collectorate, ali entries which do not properly belong to that * e particular head of account, by transferring the same to the different heads of account, respectively, to which they do properly belong. It is believed that many credits have been made to the head of . deposits, which either ought to have been made at once to the head of Land Re- Venue, or some other specific head, or ought to have long since been taken to credit under some such head, by a transfer from the head of deposit. It is presumed In . . . . . . . . . . . . Rs. 17,35,017 that the very great reduction in the amount 1846 . . . . . . . . . . . . Rs. 3,80,587 * tº a tº º l' 'T' of deposits in Chittagong effected under Mr. Reducti º e & º © e ****** Ricketts' instructions, was made in this manner. 3. His Honor entirely concurs with the Board in attaching great importance to the reduction of the deposits, which have grown to an enormous amount, and in the principle on which they propose to effect that desirable object. 4. It is important, not only as a matter of account, to shew all receipts of Revenue as they really are, but there is no security against the unwarranted paying away of Public money, when that money is falsely represented in the accounts as being not public money, but private money entrusted to the Collector for a time. As Mr. Ricketts observes, a Collector cannot pay away a Rupee chargeable to any * SUDDER BOARD of REVENUE. 4 | 1 other head of account than that of deposits, without authority and audit. But he may pay away any sum, chargeable to this head on shewing the corresponding credit. And where no private party is entitled to the money, which is always the case when it was originally credited improperly as a deposit, the chance of imposi- tion being practised on a Collector, with little risk of discovery, in respect to old entries of this nature, must be considerable. 5. The Deputy Governor agrees with the Board in disregarding the difficulty felt in the Accountant’s office, (and shewn by Mr. Maples’ letter to your address of the 24th March last,) to the immediate correction of the abuse in question. Mr. Maples appears himself most properly to have made that correction of account in respect to deposits in the Salt and Opium Departments, and there is no reason whatever against immediately making the same correction in the Land Revenue Department, in which it is the most urgently needed. The orders of the Hon’ble Court, referred to in the letter from the Accountant’s office of 24th March last, have no bearing upon this question. Those orders are to the effect that real deposits, the property of private parties, lying in our Treasuries, are not to be credited to profit and loss, i. e. are not to be treated as waifs that have accrued to Government, until they shall have lain unclaimed for twenty years. But those orders neither warrant any original false credits to deposits of what are Government assets, nor prohibit the correction of such irregularities when discovered. 6. Although the Deputy Governor entirely agrees with the Board as to the necessity of the immediate commencement of an examination of the Collector’s deposit accounts with a view to their correction, he is not prepared to recommend to the Government of India the employment of any extra establishment expressly for this duty. This work is merely a part of the ordinary business of a Collector's office, and his Honor is aware of nothing to prevent its being dome by the Collectors, with their ordinary establishments. Such work as this, his Honor thinks, might very advantageously be made over to the Assistants, who, it may be feared, under the present system, receive too little practical instruction in any part of their duty from their Chiefs, and are allowed few opportunities of acquiring for themselves * any knowledge of Revenue accounts. * 7. The Board, therefore, are requested to order the general revision of the deposit accounts in every District by the ordinary establishment of the District, as proposed in your letter of the 30th October. 8. The Collectors should proceed regularly in the work, beginning with the deposits of oldest standing, that is to say, those of twenty years back. They require, his Honor believes, no authority for the transfer of any item improperly held under the head of deposits, to its proper head of account ; and no detailed reports of such transfers need to be made. Büt as they will be very apt to transfer to the general head of profit and loss, items that ought to be credited to some speci- fic head of account, some control over their proceedings in making such transfers should be exercised. The gross amount and the number of items transferred from Circular, No. 775. Feb. 15, 1850 \ Y —) 4 12 CIRCUIAR ORDERs, Circular, No. 775. Feb. 15, 1850. U Y- J deposits to other heads of account, may 'be periodically reported. But it will be necessary for each Collector to make an English list, with an explanatory detailed statement, of all items of old standing which may be left under the head of deposits. This will be useful, partly to enable the Board and the Accountant to see that the revision of the deposit accounts is conducted effectively; and partly to enable the Government to judge of the propriety of insisting upon the adoption of a suggestion made by the Hon’ble Court, in order to lighten the Collectorate accounts submitted to the Accountant, viz. the shewing of all deposits of between twenty years and five years or even three years in standing, in one entry; to which the Board will observe from the correspondence now communicated, objections are felt in the Accountant’s office. Q. FROM THE ASSISTANT ACCOUNTANT TO THE GOVERNMENT OF BENGAL, TO THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL. No. 68, dated 13th November, 1849. I have the honor to acknowlege the receipt of your letter, No. 944, dated 5th November, 1849, calling attention to your letter, No. 594, of the 24th July, and requesting the early submission of the information therein required. 2. In reply, I have the honor to state, that the orders of the Hon’ble the Court of Directors, conveyed in their financial despatch, No. 10, dated 10th May, 1837, appear to have been duly carried into effect in this Department, with exception to that portion which prescribed the exhibition of all deposits of more than 5 or even 3 years’ standing, in the public accounts, in one sum. 3. The reason why this portion was never carried into effect I am unable to explain, unless, as would appear to have been the case, it was on account of its evident inexpediency. That the introduction of such a measure would be attended by risk to the interests of Government, will be shewn by the following description of the only check now in force over the repayment of deposits. 4. Each item of receipt is entered in the local Officer’s deposit register under a separate number. An extract from this register is forwarded monthly with his cash account to this Department, to enable the Accountant to enter the item in the deposit register kept in his office. When a deposit is repaid either in part or in full, the number of the original receipt is cited in the entry made in the monthly repayment register sent with the cash account, together with the amount which at the time remained at its credit. Thus the Accountant by a comparison with the detailed register kept in his own office, is able to ascertain whether any excess payment has been made. 5. But if any given number of items be entered under one deposit number, the repayments made from time to time must be shewn against the aggregate sum until the whole is absorbed, and if intermediately any excess payment be made of any items composing that sum, the Accountant cannot detect it so long as any balance of the aggregate sum remains at the credit of the number. In this way a SUDDER BOARD OF REVENUE. 4 13 | deposit might be repaid three or four times over without the fact being found out Circular, No. 775. at least till many years after. F eb. 15, 1850. J 6. The difficulty in the way of establishing any check over the repayment of Y deposits when lumped together, by the system of audit referred to in the 3d paragraph of your letter, is the vast mass of correspondence and great extra labour which it would entail. •º 7. For instance in the year 1847-48, I find that of deposit items of more than 3 years’ standing, the following repayments were made. - Number of items. Amount in Co.'s Rs. Revenue deposits, . . . . . . . . . . . . . . 3,553 6,49,539 DeWanny ditto, . . . . . . . . . . . . . . . . 2,245 1,46,373 Total 5,798 7,95,916 Now under the system of audit, each item to be repaid must be submitted for sanction in detail, although it may have been included with others in the deposit register under one number, because, without the detail, the Accountant could not ascertain the fact of the item having been included in the aggregate sum, or certify that it was still standing at credit, and without such certificate no check whatever could be exercised by any system of authorizing the repayment. 8. Consequently from the large number of repayments quoted above, suppos- ing even several items were included in each reference, it may be inferred how much trouble and correspondence would be entailed by the cases being sent first to the Accountant, and then by him submitted to Government, and the sanction of Govern- ment finally communicated through the Accountant to the local Officer. 9. Thus to include items of more than a certain standing under one number, and submit the repayments for sanction, would greatly increase the already heavy labour of deposits; and to include them without devising some such scheme of audit, would destroy the only check over them that at present exists. : 10. Having replied to the question put in your letter, I beg respectfully to take this opportunity of offering some further remarks regarding deposits, for the information of his Honor the Deputy Governor. 11. It appears that the evils of deposits are connected not with deposits of a comparatively recent date, but with the old items which still remain in balance. The remedy therefore lies, I conceive, in clearing off this old balance, not by any summary measures of transferring all above a certain standing to profit and loss, but by instituting a careful enquiry into the nature of the items of which it is composed, and removing all such as do not strictly partake of the nature of a deposit, and those which from the facts of the case appear never likely to be claimed. - 12. From the statements submitted with my letter to Mr. Financial Secretary Dorin, it will be seen that the annual receipts of Revenue and Dewanny deposits 5 M : 414 CIRCUIAR ORDERS, Circular, No. 775. Feb. 15, 1850. — U Y C. are, one year with another, on an average nearly equal to the repayments. In preparing for submission to Government the annual estimates of the probable receipts and charges for the coming year, the receipts of Revenue and Judicial deposits are estimated at nearly an equal sum with the repayments. From this I infer that legitimate deposits are usually claimed, and do not remain in the Govern- ment Treasuries beyond a given average period, and that the large balance of deposits shewn by the accounts, consists in a great measure of items which either appertain to other heads of account and ought never to have been entered under that of deposits; or, if properly so entered in the first instance, ought long since to have been removed from it. That this is the case was asserted by Mr. Ricketts, and I find it borne out by my experience with regard to Salt and Opium deposits. 13. On my being put in charge of the Salt and Opium Departments of the Accountant's office, I found that no check over deposits whatever existed. I accord- ingly introduced the system of check observed in the Revenue Department (explained above) and called for a detailed statement of the items remaining in deposit on 30th April, 1848. These statements on examination were found to contain many items constituting Government assets which ought never to have been entered under the head of deposits, and accordingly I directed them to be transferred to “profit and Note—vide accompanying memo loss,” the head of account to which items of for the amount so transferred. their nature properly appertained. Some other items also were transferred, although, perhaps, strictly speaking they partook more of the character of deposits; but as they were of considerable standing, and the local Officers represented there was no probability of their being claimed, I thought it was better to remove them from deposits; for, by allowing them to remain the balance was needlessly swelled, and the risk of sums being misappropriated unnecessarily increased. U 14. From these facts I am led to conclude, that the Revenue and Judicial deposit accounts contain numerous items which ought not to be allowed to stand on them, and that the chief remedy for the deposit evil consists in clearing the accounts from all improper items. This however cannot well be accomplished by the Accountant. The character of Judicial deposits must depend upon the result of the suits with which they were connected, and Revenue deposits must contain numerous items regarding which the Revenue Authorities are alone competent to decide. The resumption proceedings threw large sums into deposit, and perhaps some still remain there which ought to have been transferred long ago. As the resumption proceedings are now brought to a close, perhaps the present time may be considered a good opportunity for conducting the scrutiny. 15. In conclusion, I beg respectfully to apologize for the delay which has occurred in submitting this report, but owing to the pressure of current work occasioned by the native holidays, and other questions requiring early attention, I have been unable to complete it sooner, and trust that the delay may be excused. SUDDER BOARD OF, REVENUE. 4 15 MEMORANDUM. & E (l) a rt; " tº a ## ă ă É # #3 º; 3 Tº g $ 5 5 s * 3 * = . ă (5 2 : •F 5 .5 s 5 5 * 5 : tº) º 4.3 ° # - E Öº O : 5 What Department. 5 § 3 ă ă = 8 : 3 v § 2 3 : £ 3 § 3 *5 : a wº : ſº <- 93 5 F $2 --> * ‘s & § C E & ‘s 9 3 & # QX --> 9 - q2 . ##3 5 § 3 £5 fi ### 8 gº º 3 dº it 3 o # 3 # 5 B -o o a -a º 5 g a § 3 ; 2. s- No. DCCXCII. - TO THE COMMISSIONERS OF REVENUE. May 21, 1850.-No. 27. THE Board frequently receive applications for extra establishments with- out detailed information explanatory of the unavoidable necessity of their employment, without which they are entirely precluded from supporting such proposals. The consequences of the omission are delay, disappointment, hindrance to public business, and sometimes, it is to be feared, doubts of the inclination of the Board to support such applications, however much the assistance may be required. 2. The Government is always willing to allow all public Officers the aid necessary to the efficient discharge of the duties imposed on them, and the Board never fail to support applications for assistance when shewn to be really needed, but they would neglect their duty if they recommended increased expense without having had before them, not assertion only, but proof that it was necessary. - 3. It may lead to a correct understanding of what is required to state the circumstances of a case now before the Board. A Collector, supported by the Commissioner, applies for two writers at 30 Rupees each per mensem, to bring up arrears of business in his English office, and to assist in the prepa- ration of his annual accounts. The Collector's representation implies that his khas muhal mohurrir having been removed in September last, his office is crippled. The Commissioner merely gives the application his support. 4. Were the Board to submit this application to the Government, the answer would probably be a rebuke. The services of the writers may ‘be very necessary, but no necessity is shewn. 5. The Collector should have shewn what the business in the English department of his office had been for the last three or four months, how much had been done, and how much remained undone, and mentioning the Circular, No. 791. May 14, 1850. \ -Y- J 'No. 792. sº MISC. DE PT. Instructions for drawing up appli- cations for extra establishments. 5 S 4.38 CIRCULAR ORDERS, Circular, No. 792. May 21, 1850. \ Y No. 793. MISC. DEPT. Settlements of Estates with for- mer proprietors forbidden, except in cases where pur- chase by Govern- ment was not the result of their mis- management. No. 794. Misc. DEPT. Collectors may exempt lots from sale, if the amount of arrears has been liquidated by the sale of previous lots belonging to the same proprietor. O number of hands employed, he should have proved that with such diligence on their part as is reasonably to be expected, to avoid accumulation of arrears was impossible. $ 6. He should then have briefly noticed the annual returns to be pre- pared and explained, the calculations by which he had satisfied himself that it would require the labour of two men for three months to complete them. 7. With such information before them, the Board will never hesitate to support an application for assistance, and they are very confident the required assistance will never be withheld. NO. DCCXCIII. TO THE COMMISSIONERS OF REVENUE. May 28, 1850.—No. 28. H AM directed by the Sudder Board of Revenue to instruct you for the guidance of yourself and your subordinates, that the settlement of an Estate purchased by the Government should never be made with the former pro- prietor, excepting when it is clearly proved that the Estate did not fall into the hands of Government from the mismanagement of such proprietor. . NO. DCCXCIV. TO THE COMMISSIONERS OF REVENUE. May 28, 1850.—No. 29. | AM directed by the Sudder Board of Revenue to communicate for the information and guidance of yourself and your subordinates, that the Go- Vernment expect that Collectors will, in the exercise of the discretion allowed them by Section 11, Act I. of 1845, exempt from sale for arrears of Revenue lots remaining after the realization by the sale of previous lots belonging to the same proprietor or proprietors, of a sum sufficient to liquidate the arrears due on all the lots, if the proprietors desire it. SUDDIER BOARD OIJ REVENUE. 439 ) NO. DCCXCV. TO THE COMMISSIONERS OF REVENUE. May 28, 1850.—No. 61. gº J HE Board being constantly at a loss, in considering the reports of the Commissioners upon appeals against their orders to the Board, to know the distinct nature of the case, from the want of a clear narrative of the facts, I am directed to request that in future, in spbmitting such reports, you will not content yourself with stating merely the allegations and your answers in juxtaposition, but that you will preface these with a shoºt and clear state- ment, sufficient to enable the Board at once to understand the allegations and answers which follow. 2. All reports of a Commissioner should convey in themselves a complete account of the case, whereas they too often consist wholly of argu- ments and opinions, a knowledge of the facts being presumed. The Board are thus compelled to trace out the facts for themselves, before they can form any understanding of the case, or of the Commissioner's report upon it. NO. DCCXCVI. TO THE COMMISSIONERS OF REVENUE. May 31, 1850.-No. 30. X | AM directed by the Sudder Board of Revenue to forward herewith a copy of a letter No. 24, dated the 4th instant, from the Superintendent of the Mathematical Instrument Maker's Establishment, to the address of the Secretary to the Military Board, and its enclosure, and to request that the Collectors of your Division may be instructed to be careful to avoid mistakes in noting their observations on the fall of rain. 2. Whenever the pluviometers now in use in any of the Collectorates may get out of order, they should be returned into store, when improved instruments will be provided in lieu of the old ones. FROM THE SUPERINTENDENT MATHEMATICAL INSTRUMENT MAKER'S ESTABLISHMENT, TO THE SECRETARY TO THE MILITARY BOARD. No. 24, dated 4th May, 1850. I have the honor to acknowledge the receipt of your letter No. 5725, dated the 9th February last, transmitting copy of a letter from the Secretary to the Sudder No. 795. Misc. DEPT. Reports by Com- missioners upon appeals to Board against their orders, to contain a narra- tive of the facts of the case. No. 796. Misc. DEPT. Instructions re- lative to indenting for new pluviome- ters, and taking observations cor- rectly. 440 CIRCULAR ORDERS, Circular, No. 796. May 31, 1850. \– Y J * O Board of Revenue with enclosures, on the subject of the pluviometers issued from this department to the several Collectors of Districts, and directing me to have these instruments made in future of an improved pattern, and of sufficient strength to prevent liability of accident from breakage under ordinary circumstances, and to forward two instruments of this nature as musters to the Military Board, and a third to the arsenal for the use of the Collector of Goalpara. 2. Having attentively considered these instructions and the several complaints made in the correspondence, three pluviometers have now been completed, two of which are herewith submitted for the inspection of the Military Board, and regard- ing which I beg to report as follows. 3. The pattern of these instruments is the same as the ones by Troughton and Simms, and which have been in use for many years in the Calcutta Observatory. The construction is of the simplest description, and with the exception of the scale, it would appear almost impossible to put it out of order, or to make it stronger as suggested by the Revenue Board. In the originally supplied instruments, which were made up in the bazar by contract, this scale was made of ebony, according to the Observatory pattern and usual practice; and the divisions were precisely the same as on those now sent, each division representing one tenth of an inch of rain; and although not numbered as at present, I took the precaution of describing the mode of using the instrument, for the guidance of the persons into whose care it was likely to be placed, as per annexed copy of a letter No. 306, dated 5th April, 1848, to the address of the Députy Principal Commissary of Ordnance, and which was circulated to all Commissioners. Ö 4. This unfortunately does not seem to have been attended with much effect in Assam, if we may judge from the register of results given in the Commissioner’s Circular, and which are obviously not exactly caused by inefficient” pluviometers, which were all precisely alike. The difference therefore between 97-49 inches at Luckimpore and 40-24 at Mungledye, may more likely be ascribed as the fault of the observer instead of the instrument. t 5. The breaking of the scale can only be caused by the manner in which the reservoir is emptied after an observation. If the receiving cup is taken off, and the reservoir tilted over by the hand, the scale with the float attached naturally falls to the ground, and snaps in two pieces—to avoid this I have now given a metal scale, on which the divisions will also be much clearer and more easily read off, and will only require to be kept free from verdigris. The value of each division is legibly and prominently marked on the end of the scale, whilst some necessary precautions are likewise engraved on the rim of the cup. The soldering of the bottom of the reservoir and of the float, has been effected with the utmost care, and the instru- ment supported on a ledge of the stand so as to keep it well off the ground. The only difference between the instrument now made and the former ones, consists in the numbering of the scale, each division representing Path of an inch of rain, ten divisions therefore complete one inch of rain, twenty divisions two inches of rain, and SUDDER BOARD OF REVENUE. 44 I. & so on, and I believe it to be impossible to render a pluviometer more efficient or simple, even for people of the commonest intelligence. 6. If the receiving cup is not closed down tight on the reservoir so as to bring the 0 or zero of the scale exactly in a line with the index or surface of the cup, great errors will be made in reading off, and it is not improbable that this has proved one of the sources of error in Assam—or perhaps one inch linear measure on the scale has been taken as one inch of rain ; but whatever the cause of such glaring discrepancies, the Mathematical Instrument Maker is in no way to blame, it not being within his province to teach people to observe and record their observa- tions, or to adjust and read instruments, although of course every facility is afforded at all times to render the articles manufactured by him intelligible and easy of adjustment and use. *\} FROM THE SUPERINTENDENT MATHEMATICAL INSTRUMENT MAKER's ESTABLISHMENT, TO THE DEPUTY PRINCIPAL COMMISSARY OF ORDNANCE. No. 306, dated 5th April, 1848. I have the honor to acknowledge the receipt of your letter No. 2764, dated the 3rd instant, forwarding copy of a letter from the Commissioner of Rajshahee with its annexures, relative to the scale of the pluviometers, and requesting to be furnished with a form for registering the quantity of rain fallen. 2. In reply, I beg to observe that the scale of the pluviometers is constructed with reference to the proportional diameters of the cup and reservoir. Each division on the scale represents fath of an inch of rain. It is usual to record the quantity of rain fallen in inches and decimals. Thus in Mr. Reid’s letter, the first case given of the index being elevated to the 4th line, shews that 0.40 inches is the quantity actually to be noted, and in the second instance for 2% marks, the correct notification will be 0.25 and so on. Ten divisions therefore are equal to one inch of rain; the fractional parts of each division must of course be estimated, but after a few observations this will be of easy adjustment. 3. The method adopted in the Meteorological Register in the Surveyor General’s office of recording the rain-gauge is extremely simple, and I would recommend it for general use, and to prevent further misconception, I have attached the form which will I trust be found sufficient for the purpose. It will be necessary to record the height of the receiving cup of the pluviometer above the ground. The instrument must be emptied after each observation is recorded, so that the zero of the scale may be level with the top of the cup. ë * * Circular, No. 796. C May 31, 1850. Y- _* 442 CIRCULEAR ORDERS, Circular, No. 796. May 31, 1850. Y No. 797. Misc. DEPT. Annual state- ments instituted of Estates under at- tachment by order of Civil and Cri- minal Courts. for the month of Temperature of the air.” Rai l o łll Il-93 U196 s (216?V8 - | gauge, Remarks. Meteorological Register kept at Days of the month. tion,-feet. ------, -º-º-º: -º-º-º-º- JSt. . . . . . . . . . . . . . . . . . . 2nd, . . . . . . . . . . . . . . . . . . 3rd, . . . . . . . . . . . . . . . . . . e 4th, . . . . . . . . . . . . . . . . . . 5th, . . . . . . . . . . . . . . . . . . 6th, . . . . . . . . . . . . . . . . . . 7th, . . . . . . . . . . . . . . . . . . 0. 8th, . . . . . . . . . . . . . . . . . . 9th, . . . . . . . . . . . . . . . . . 10th. . . . . . . . . . . . . . . . . . . 11th, . . . . . . . . . . . . . . . . . . 12th, . . . . . . . . . . . . . . . . . . 13th, . . . . . . . . . . . . . . . . . Gr 14th, . . . . . . . . . . . . . . . .". . 15th, . . . . . . . . . . . . . . . . . . 16th, . . . . . . . . . . . . . . . . . . 17th. . . . . . . . . . . . . . . . . . . 18th, . . . . . . . . . . . . . . . . . . 19th, . . . . . . . . . . . . . . . . 20th, . . . . . . . . . . . . . . . . . . 21st, . . . . . . . . . . . . . . . . 22nd, . . . . . . . . . . . . . . . . . 23rd, . . . . . . . . . . . . . . 24th, 25th, . . . . . . . . . . . . . . . . . . 26th, . . . . . . . . . . . . . . . . . . 27th, * * * * * * 28th, 29th, . . . . . . . . . . . . . . . . . . 30th, . . . . . . . . . . . . . . . . . Inches. NO. DCCXCVII. t TO THE COMMISSIONERS OF REVENUE. May 31, 1850—No.31, Q I AM directed by the Sudder Board of Revenue to request that you will require from the Collectors of your Division, and submit to the Board annually, commencing with the past year 1849-50, a statement of all the Estates and lands under attachment in their respective Districts, under the orders of the Civil and Criminal Courts, shewing the mofussil jumma and the sudder jumma of each Estate, the amount collected, the system of management adopted, when, and under what Regulation the Estates were attached, and how the surplus receipts over and above the sudder jumma are applied. 2. The statement to be submitted by you to the Board should be a Divisional one compiled from the District returns, and should shew the orders passed by you on a consideration of these returns. * The blank columns are intended to shew the time of the day when observations are taken. Usually three observations at e taken in the course of the day, and the hours of taking them are to be entered in these columns; as for instance “at sunrise,” “at noon,” “at sunset.” See C. O. 14th Dec. 1847, No. 22. SUDDER BOARD OF REVENUE. 443 O NO. DCCXCVIII. TO THE COMMISSIONERS OF REVENUE. June 7, 1850.-NO. 33. THE Sudder Board of Revenue having had before them the returns to their Circular No. 54, dated the 21st December last, relative to the remune- ration of measuring Ameens, have directed me to communicate the following observations and orders for your information and guidance. 2. There is at the present time a great want of uniformity both in the manner of remunerating Ameens, and in regard to the practice of making advances; a great variety of rates of remuneration; and much delay in making payments. It would be extremely difficult, perhaps impracticable, to introduce a uniform system, but as near an approximation to uniformity as can be made, seems desirable. 3. In the opinion of the Board, the practice of paying Ameens rateably, with reference to the quantity of work performed, is open to objection; but it appears to have become so generally prevalent, and to be so much approved, that they hesitate to direct that it shall be at once abandoned. They think that fair wages regularly paid, and efficient supervision, are more likely to proclare trust-worthy returns than payment by the piece, and they apprehend that the system which prevails in some parts of keeping the Ameens many months in arrears must lead to exactions from the people. It may be that Ameens will not abstain from demanding fees however liberally and regularly paid, but measures for preventing extortion are more likely to be successful, when they have not to depend on the ryots whose lands they are employed in measuring, for the daily food of themselves and all their assistants. 4. The Board desire that the payment of Ameens by a monthly salary may be introduced, where practicable, without greatly increasing the cost of measurement. Provided the pay be issued with regularity, there never will be occasion to make advances, as persons in the receipt of a fixed salary can always procure accommodation for a few weeks at a moderate rate. 5. The Board do not desire to prescribe a rate of pay never to be exceeded, knowing that in some parts of the country any number of Ameens can be procured readily, whilst in others the few procurable are brought from a distance; but they think that under all ordinary circumstances, where the price of food is reasonable, the country not very unhealthy, the work not No. 798. Misc. DEPT. Remuneration of Ameens employed Oll. In eaSurementS. Statement of A- meens to accompa- ny annual report. 444 CIRCULAR ORDERS, Circular, No. 798. June 7, 1850. \ ) Y. No. 799. Misc. DEPT. Periods embrac- ed in half yearly reports of arrange- ment of records. ſº unusually difficult, and the supply of Ameens about equal to the demand, Ç the scale noted on the margin is fair. When Ameen,. . . . . . . . . . . . . . . . 12 0 0 e Mohurrir, . . . . . . . . . . . . . . ; º many Ameens are employed, if not under Peadas,. . . . . . . . . . . . . . . . Nullees, .............. 3 0 0 a Deputy Collector, there should always be a Stationery, . . . . . . . . . . . . l 8 0 controller over them receiving not less than 25 Rupees per mensem. In cases in which piece work is continued, the Board are pleased to direct as a general rule, that two-thirds of the rate of pay authorized above be advanced monthly to each person employed, subject to adjustment when the measurement shall have been completed. 6. In conclusion, I am instructed to request that you will punctually observe the instructions conveyed in the Board's Circulars of the numbers No. 26, dated 18th July, 1840. and dates specified on the margin, enjoining No. 46, dated 8th May, 1841. the submission with the Operation Report, (now the annual Report) of a statement shewing the number of Ameens employed in measuring lands in each District, and that you will insert between the last two columns of the statement the form of which was appended to Circular No. 26, of 18th July, 1840, a column shewing the average per 100 acres of the remuneration paid to Ameens, and afford full explanation whenever the expense exceeds 2 Rupees per 100 beegahs or 6 Rupees per 100 acres. NO. DCCXCIX. TO THE COMMISSIONERS OF REVENUE June 7, 1850.-No. 66. S NCOME misunderstanding being found to prevail as to the periods intended to be embraced by the half yearly reports on arrangement of records, prescribed by the Board's Circular of the 15th June last, No. 22, I am directed by the Sudder Board of Revenue to communicate, that the usual reckoning according to the official year should be followed; that is, the report for the first six months should embrace the period from May to October, and be submitted so as to reach the Board on or before the 1st December ; and the report for the second half year should embrace the interval from November to April, and be forwarded in time to reach , the Board on or before the 1st June. 2. The 1st June having now expired, the Board will look to receive your report for the scoond half year of 1849-50, to the end of April last, reckoned in the mode indicated above, without further delay. | suppER BOARD QF REVENUE. 445 NO. DCCC. TO THE COMMISSIONERS OF REVENUE. June 11, 1850.-No. 34. THE Board having lately received two applications for the adjustment of charges incurred respectively. in 1834 and 1837, and held ever since in inefficient balance, I am directed to request that you will intimate to the Collectors of your Division, that with reference to Circular Order dated the 9th Jangary, 1837, the Accountant has been instructed to send half-yearly to the Board, a statement of all old items of inefficient balance which have remained unadjusted in consequence of the remissness of the Collector, in order to their adjustment in the mode indicated in paragraph 3 of that Circular. - 2. If easier adjustment, or any other advantage, were to be gained by delay, it might be tolerated; but delay only adds to the difficulty of adjust- ment, and often occasions the trouble of a lengthened correspondence, which, if the matter had been attended to when the expense was incurred, might have been avoided by one letter of a few lines. NO. DCCCR. TO THE COMMISSIONERS OF REVENUE. June 14, 1850.—No. 36. | AM desired by the Sudder Board of Revenue to communicate for your information and guidance, that it has been ruled by the Government, that, Commissioners are not competent under Article XV. of the Rules of Practice, to sanction the remission of balances in the case of khas muhals let in farm ; but that they are competent, under that Rule, to sanction the remission of balances in Estates of which the jummabundee may have been settled under the provisions of Regulation VII. of 1822, but which are held under khas tehseel. 2. Commissioners are thus competent to remit the arrears due on a ryot's jote, or a dependent talook in such Estates, as well as, of course, in unsettled Estates held under khas tehseel. No. 800. MISC. DEPT. Attention called to C. O. 9th June, 1837, on responsi- bility for delay in adjusting old items of inefficient bal- a Il C6, No. 801. Misc. DEPT. Commissioners not competent un- der Rule XV. of Rules of Practice to sanction remis- sion of balances of Government mu- hals let in farm ; but balances of Estates still held in khas tehseel, tho’ the jummabundee may have been set- tled under Reg. VII, of 1822. 5 U 446 CIRCULAR ORDERS, O No. DCCCII. TO THE COMMISSIONERS OF REVENUE. No. 802. June 18, 1850.—No. 35. e EPT. º: of WITH reference to Circular Orders dated the 5th July, 1844, No. 1 I, º º I am directed by the Sudder Board of Revenue to transmit for your infor- tions for increased mation and guidance a copy of Government orders dated the 6th instant, establishment. No. 1009, prescribing a revised form of tabular statement to be used when applications are made for an increased establishment,” in all cases in which it may appear applicable. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 1009, dated 6th June, 1850. With reference to this office Circular No. 500, of the 6th May, 1844, I am directed by the Deputy Governor of Bengal to forward a revised form of tabular statement, which his Honor requests may be used, instead of the old form, in all cases in which it may appear to be applicable. g C & a tº *—s Proposition. -: tº .# Nature of charge. # : -º-> e c O -5 % Permanent. Temporary. 3 |. 3. ºf $: É =. > * § ‘5 * t– 3 5 © Increase | Decrease Increase per Decrease ser O -3 & # Present scale Proposed scale. per per p l -: C 2 3 month. month. 2: ~5 85 = month. month. : 2 O O C RS. A. P. Rs. A.P. Rs. A.P. R.A.P. Period. Rs. A. P. Period. |RS.A. P. * By C. O. 3rd June, of the present year (1851,) No. 17, it is directed that applications shall be submitted in time to obtain the orders of Government before the charge is incurred. SUDDER BOARD OF REVENUE. 447 NO. DCCCIII. TO THE COMMISSIONERS OF REVENUE. June 25, 1850.-No. 37. A. MAJORITY of the Sudder Court having recently ruled, in the case of Radhanath Pandah versus Ramdhone Banarjee, that putnee tenures can be legally sold only by the Collector of the District in which they are fiscally situated, I am directed by the Sudder Board of Revenue to promulgate this construction, and to request that you will, instruct the Revenue Officers subject to your control, to discontinue the practice of selling in the Collecto- rate of the District within the civil jurisdiction of which the tenures are comprised, a practice which, though in accordance with a former decision of the Court, has now been ruled to be illegal. 2. Should the present construction be attended with inconvenience to purchasers of Estates already sold in accordance with the construction which it supersedes, the Board will be prepared, on sufficient cause being shewn, to recommend to Government the passing of a law declaring all sales under whatever system held, legal. 3. sales in execution of summary decrees are conducted in the Districts of your Division, with reference especially to the point of jurisdiction. Are they held by the Officer in whose District the tenure out of which the suit arose is fiscally situated, or by the Collector of the District within the civil juris- I am also desired to request that you will report under what system diction of which it is situated P NO. DCCCIV. TO THE COMMISSIONERS OF REVENUE. June 28, 1850.-No. 38. | AM desired by the Sudder Board of Revenue to request that the form of statement No. 1, hereto appended, may be used in future in reporting the imposition of fines under Act XX. of 1848, in lieu of the form appended to the Board's Circular of the 5th October last, No. 41 ; and that a separate statement in the other form No. 2, hereto appended, may be submitted quarterly” to you, and by you to the Board, of the fines realized under that Act, to commence with the quarter ending with the 31st proximo. * When there have been no fines during the quarter, a blank statement need not be submitted. C, O. 18th July, 1851, No. 25. No. 803. Mrsc. DEPT. Putnee tenures saleable by Collec- tors in whose fiscal jurisdiction the tenures are situat- ed, and not, as heretofore, accord- ing to the civil jurisdiction. Re- port required of system on which summary sales are held, with refer- ence to the point of jurisdiction. No. 804. MISC. DEPT. Form prescribed of statement of fines imposed, and another, to be sub- mitted quarterly, of fines realized. 448 CIRCULAR ORDERS, O Circular, No. 804. FORM No. 1. June 28, 1850. \- -Y- * Statement of fines imposed by Collector (or Superintendent of Survey) of wnder Section 1, Act XX. of 1848. l 2 3 4 à 6 7 8 9 3-4 Gº tº -- 0 # = | 5 g | # 3. 5 2.É # * - *4 Q) dº i.e., |Name of Estate Names of Ze- |Object of a Ś Amount of ## a "T District. * .S. * 5 * as 92 Remarks. and Pergunnah. mindars. call. # = ... daily fine. •- bº tº gº O * 3 .# 3.8 &- “p 65 F., a 3 q) tº Q @ P- *** : †: 3. . ; # 3 p: C C Gy FORM No. 2. Quarterly statement of fines realized by Collector (or Superintendent of Survey of — under Section 1, Act XX. of 1848. & l 2 3 , 4 5 6 7 • 8 9 3 : 33 Date .## * . * from | Date of Amount ET bº S ...:... Name of Estate | Names of Amount of ...i. & tº 3 o .53 as g District. and Pergunnah. Zemindars. daily fine. which the levying levied. §§ # 3 = Remarks. fine is the fine. # 8. § 9 payable. § 3 ; 5 # 2. SUDDER BOARD OF REVENUE. 449 J NO. DCCCW. TO THE COMMISSIONERS OF REVENUE. July 2, 1850.-No. 39. ** HE Sudder Board of Revenue having had reason to believe that parties entitled to malikana are long kept out of their dues in consequence of the shareholders of Estates not being agreed, by reason of disputes amongst themselves, in presenting a joint receipt, I am directed to request that you will instruct the Collectors of your Division to pay the amount due to the separate receipts of the shareholders (when a joint receipt cannot be obtained) agreeably to the record of shares in the quinquennial register of proprietors, in the same manner as is done with surplus sale proceeds under the provisions of Section 20, Act I. of 1845. When the right to malikana is disputed, payment should be withheld pending an order of Court. NO. DCCCVI. TO THE COMMISSIONERS OF REVENUE. July 5, 1850.—No. 40. AM directed by the Sudder Board of Revenue to forward herewith for your information and for circulation to the Collectors of your Division, an extract, paras. 9 to 15, of their address to Government dated the 12th April last, No 175, and a copy of the orders of Government received in reply, dated the 11th May, No. 493. 2. You will observe that by the present orders Section 27 of the Rules of Practice has been modified, so far as to give Commissioners authority to sanction disbursements in connection with law suits,” the Board reserving to itself the power of sanctioning remissions of irrecoverable advances. 3. The Accountant has been requested to furnish the local Officers with detailed instructions, with a view to give effect to the change now sanctioned in the mode of bringing law charges to account. EXTRACT FROM A. LETTER FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERNMENT OF BEN GAL. No. 175, dated 12th April, 1850. Para. 9. It is proposed to open a head of account to be called “ law charges” under which all receipts and disbursements on account of expenses in civil suits * This power further explained to mean law charges incurred in the conduct of suits, and not the amount of claims decreed. C. O. 6th August, 1850, No. 49. No. 805. Misc. DEPT. Payment of ma- likana, when joint receipts cannot be procured, may be made to separate receipts of parties according to their recorded shares; but withheld disputed cases, pending an order of Court. No. 806. Misc. DEPT. Modification of Rule XXVII. of Rules of Practice. Commissioners to sanction disburse- ments in connec- tion with law suits, and the Board, the remission of irre- coverable advances. in 5 X 450 - CIRCULAR ORDERS, Circular, No. 806. July 5, 1850. U Y- will be entered. For items of expense exceeding 50 Rs. the Collectors will apply _y separately for the Commissioner's sanction. All items not exceeding 50 Rs. will be included in a bill to be forwarded each month for the Commissioner’s examination and countersignature; expenses passed by the Commissioner will be charged in the accounts under the head of “law charges,” and the Commissioner's letter authorizing items of expense exceeding 50 Rs., and the countersigned bills of items not exceeding 50 Rs., will be forwarded by Collectors as vouchers with the Treasury accounts. 10. The Board are of opinion that the control of this expenditure may safely be entrusted to the Commissioners. There is so little room for the exercise of any discretion that reference to the Poard appears entirely unnecessary. It may be very necessary that the Sudder Board should be consulted before a suit is instituted on the part of Government, but when it has been determined that the suit shall be instituted, it cannot be necessary that the authority of the Board should be required for the purchase of a piece of stamped paper, without which under the law the suit cannot be commenced. - 11. It remains to provide that sums decreed to Government should be timely recovered. To this end it is proposed that Collectors shall keep a register in which they shall enter all cases decreed with costs or damages in favor of Government. They will forward monthly to the Superintendent of Legal Affairs a transcript of the entries made in their registers during the month, in order that the Superintendent may enter them in a general register to be kept in his office ; and the Collectors shall forward quarterly to the Superintendent a statement shewing the sums re- covered and relinquished under competent authority during the quarter. Should the Superintendent observe adjustment to be delayed, he will bring the delay to the notice of the Commissioner; should that be ineffectual, he will report the delay to the Board. g • 2 *. 12. The Superintendent will forward to the Accountant an abstract of these quarterly statements, shewing the sums recovered in each District during the quarter, in order that the Accountant may ascertain that such sums have been duly credited under “law charges” in the Collector’s Treasury accounts. 13. The Superintendent, in his form G., already submits to Government a statement shewing the sums decreed to Government during the year, the sum realized, the sum relinquished, and the sum outstanding. This statement the Superintendent will continue to submit as heretofore ; he will have the readiest means for preparing it in the statements which under the system proposed he will receive from the Collectors. - 14. Collectors will submit through the Commissioners to the Board, all proposals to relinquish sums decreed to Government in consequence of the death or poverty of the parties; and the Board will submit to Government periodically statements shewing the sums relinquished, as heretofore. 15. Should this scheme meet with the approval of the Honorable the Deputy Governor, the Board solicit that in modification of Section 27 of the Rules of ŠUDDER BOARD OF REVENUE. 451 D Practice, Commissioners may be authorized to sanction all disbursements necessary Circular, No. 806. July 5, 1850. Y- for the conduct of suits in the Civil Courts. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 493, dated 11th May, 1850. I am directed by the Deputy Governor of Bengal to acknowledge the receipt of your letter, No. 175, of the 12th ultimo, bringing to notice the present practice of the adjustment of law charges in suits to which Government is a party, and sub- mitting a plan for the alteration of the same, and to inform you in reply that, as proposed by the Board, his Honor has been pleased, in modification of the 27th Rule of Practice, to authorize Commissioners of Revenue to sonction all disburse- ments necessary for the conduct of suits in the Civil Courts, and to have the accounts adjusted in the manner proposed in the 9th and following paras. of your letter under acknowledgment. The Accountant has been informed accordingly. No. DCCCVII. TO THE COMMISSIONERS OF REVENUE. July 5, 1850.-No. 41. No. 807. Misc. DEPT. THE Sudder Board of Revenue having observed from the Vernacular Attention called to orders of Go- that * , º, tº e sº tº vernment directing some of the Schools had not been visited during the year, direct me to call Vernacular Schools to be visited. School Reports of the several Commissioners for the past year (1849), the attention of yourself and of the Collectors subordinate to you, to the orders of Government dated the 12th December, 1844, No. 828, transmitted with their Circular of the 23rd January, 1845, No. 1, and to intimate that all cases in which these orders may hereafter be neglected will be promi- mently brought to the notice of Government in the Board's annual Report on the Government Schools. NO. DCCCVIII. TO THE COMMISSIONERS OF REVENUE, July 9, 1850.-No. 42. No. 808. Misc. DEPT. ITH reference to para. 14th of the Board's Circular, No. 22, of the Indents for su- 15th June, 1849, I am directed by the Sudder Board of Revenue to request, º : "... that you will instruct the Collectors subordinate to you to indent for the sººn of ationery. 452 CIRCULAR ORDERS, Circular, No. 808. July 9, 1850. C- Y- No. 809. MISC. DEPT. Test for examin- ation of Officers employed in the Surveys. superior country paper which they may require, on the Superintendent of _ Stationery, who has been requested to supply it of foolscap size. No. DCCCIX. - TO THE COMMISSIONERS OF REVENUE.* July 9, 1850.—No. 97. • I N continuation of my letter No. 54, dated the 14th May last, I am directed by the Sudder Board of Revenue to transmit for your information and for communication to the Superintendent of Survey, a copy of a letter from the Under Secretary to the Government of Bengal, No. 617, dated the 27th ultimo, approving of the test laid down by the Deputy Surveyor General for the examination of Civil Officers employed in the Surveys, and to intimate that they are of opinion that an Officer should qualify himself to pass such an examination in three months. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 617, dated 27th June, 1850. In reply to your letter No. 279, of the 18th instant, I am directed to inform you that the Deputy Governor of Bengal approves of the test laid down by the Deputy Surveyor General for the examination of Civil Officers employed in the No. 810. Misc. DEPT. Instructions re- lative to payment of peadahs for serving notices under Act I. of 1845, and the par- ties chargeable with the expenses. Surveys, and authorizes the Board to adopt it henceforth. The examination should be conducted at the Presidency by the Deputy Surveyor General. NO. DCCCX. TO THE COMMISSIONERS OF REVENUE. July 12, 1850.-No. 43. THE Sudder Board of Revenue having had under their consideration the returns of the local Officers to their Circular of the 26th March last, No. 18, relative to the payment of peadahs for serving notices of sale under Act I. of 1845, I am directed to circulate the following observations and orders for the guidance of Revenue Officers generally. 2. Although the Act is silent on the point, the Board are clearly of opinion that the defaulter may fairly be charged with the expense of serving * Issued to Commissioners of Moorshedabad, Dacca and Jessore, in whose Divisions surveys were in progress. SU DDER BOARD OF REVENUE. 453 } the notices prescribed by Section 7. If he chooses to pay the revenue due, no expense would be incurred. On the other hand, supposing that he wishes to part with the Estate, and to this end allows it to fall in balance, it is but fair that he should secure the purchaser and the Government from the embarrassment and disputes which might arise from his illegal collections subsequent to a date when he had no legal power to collect. 3. The Act is equally, silent as to the party chargeable with the expense of serving the notices required by other sections of the Law. But it may be generally affirmed that as those' motices are for the benefit of the proprietors, they ought to pay for them. The only exceptions which occur to the Board, are first, cases in which a sale is reversed by the Commissioner; and cases in which the Government buys the Estate. In these cases the expense ought to be borne by the Government. In the latter of these cases the expense might perhaps be justly charged to the defaulter, but it is better, the Board think, that such a trifling charge should be incurred by the State than that the defaulter should be harassed by the deputation of a peadah to recover a trifling item. 4. As respects the mode of paying the peadahs, the Board are pleased to direct that they be paid in the first instance by the Collector, who will deduct the amount from the proceeds of sale, when a sale takes place, or .recover it from the defaulter, as a condition of exemption, when the Estate is exempted from sale. - ſº j) NO. DCCCXI. TO THE COMMISSIONERS OF REVENUE, July 16, 1850.-No. 44. NDER instructions from the Government, I am directed by the Sudder Board of Revenue to transmit for your information and guidance and that of the Revenue Officers subordinate to you, a copy of the annexed Rule concerning applications for leave of absence from Assistants, and Joint Magistrates and Deputy Collectors of whatever grade, not in charge of sub-divisions or of some independent office of higher rank, and to intimate that you are expected to refuse to forward applications for leave to Go- vernment when it cannot conveniently be granted, Circular, No. 810, July 12, 1850. C J No. 81 I. Misc. DEPT. Rule to be ob- served when appli- cations are made for leave of absence by Assistants, and Joint Magistrates and Deputy Col- lectors not in inde- pendent charge of a District, or a sub- division. 5 Y. 454 CIRCULſAR ORDERS, Circular, No. 8 l l . July 16, 1850. Q- Y- J No. 8 12. Misc. DEPT. Original letters of Board authoriz- ing rewards to Mas- ters of Vermacular Schools to be for- warded to Account- ant as vouchers. RULE. Every Assistant whatever be his powers, and every Joint Magistrate and Deputy Collector of whatever grade, if not in charge of a sub-division or of some independent office of higher rank, requiring leave of absence, shall write a letter addressed to the Collector of his District, to be submitted first to the Magistrate, who, if he sees no objection to a compliance with the application, will endorse the letter with a statement to that effect, and, if otherwise, will briefly state on the letter his reasons for objecting to compliance. The letter with the Magistrate's remarks, will then be forwarded by the Magistrate to the Collector, who will transmit it in original similarly further endorsed by himself to the Commissioner. This latter Officer will use his own discretion in forwarding the original application directly to Government for sanction, or in declining to do so. NO. DCCCXII. TO THE COMMISSIONERS OF REVENUE. July 16, 1850.—No. 45. | AM directed by the Sudder Board of Revenue to transmit herewith for communication to the Collectors subordinate to you, a copy of a letter from the Assistant Accountant to the Government of Bengal, No. 445, dated the 8th instant, requesting that in future, the original orders of the Board,” authorizing payments of rewards to the Masters of Vernacular Schools may be forwarded to him as vouchers for the charges. FROM THE ASSISTANT ACCOUNTANT TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SU DDER BOARD OF REVENUE. No. 445, dated 8th July, 1850. With reference to your letter to the Accountant’s address, dated 28th June last, No. 48, I have the honor to explain that the fact of the Collector of Moorshedabad having been authorized by the Board to disburse Rupees 20 as a reward to a vernacular Pundit, was never questioned by this office. 2. The call upon the Collector was made merely in pursuance of an establish- ed rule of the office requiring original vouchers to be furnished in support of all charges. * Separate applications from Collectors, for disbursements of the nature here referred to, apart from the reports themselves which are in general lengthy documents, would allow of the standing rule of the Accountant’s office being strictly observed, which requires all vouchers in support of charges to be forwarded in original. SUDDER BOARD, OF REVENUE. 45.5 3. Of the importance of this rule the Board must be aware, since if copies were admitted, more than one copy might be accepted, and subsequently the original voucher itself, without detection, and thus one authorized disbursement be charged three or more times. * 4. As charges on account of rewards paid to Pundits from tuition fees of Vernacular Schools now often appear in accounts, I have the honor to solicit the favour of the Board providing for their original authorities sanctioning disbursements being invariably furnished as vouchers in support of such debits in accounts. NO. DCCCXIII. TO THE COMMISSIONERS OF REVENUE. July 19, 1850.-No. 46. AM directed by the Sudder Board of Revenue to communicate for the information and future guidance of yourself and your subordinates, that they have ruled that the Bengal Beegah of 14,400 square feet is to be assumed as the standard of measurement in determining whether lands are to be released from assessment under the 50 Beegah orders of the 26th January, 1841, No. 136. O A NO. DCCCXIV. TO THE COMMISSIONERS OF REVENUE. August 2, 1850.—No. 47. AN instance having occurred in which a Collector signed the certificate attached to the monthly cash balance report to the Accountant, which runs in the terms transcribed on the margin, not only when he had not himself , “...do hereby certify that the balance examined the money, but was absent from in my Treasury this day amounts to Com- g tº tº º º e pany's Rs. 000, and that I have personally his District on the date on which he certified ascertained that the above balance is ac- e e ſº tually in my custody,” &c. to the examination, I am directed by the Sudder Board of Revenue to request that the Collectors of your Division may be warned, that any laxity on the part of a Collector in respect of the examination of his cash balance on the 1st of each month, and the certifying to the sºme, which may come under their motice, will be reported to the Government. Q Circular, No. 812. July 16, 1850. J Y- No. 8 13. Misc. DEPT. Beegah of 14,400 square feet the standard to deter- mine whether lands shall be re- leased from assess- ment under the 50 Beegah orders of Government or not. J No. 814. Misc. DEPT. Cautions in re- gard to ascertain- ing the amount of cash balance in Treasury, and cer- tifying the same on the 1st of every month. 456 CIRCUſ, AR ORDERS, Circular, No. 814. Aug. 2, 1850. * - Y 2. It is the duty of a Collector, the Board observe, to ascertain per- _ sonally that the cash balance, according to the account, is actually in his custody and is correct; and whenever he may be prevented from performing this duty himself, the certificate should be signed by the Officer who actually performed it, the cause which prevented the Collector from making the examination himself being stated at foot, to enable the Authorities to judge of its sufficiency or otherwise. Ordinarily, nothing but absolute inability from ill health will be held to exempt a Collector from the personal execution of this duty. {. 3. In order to ascertain that the cash balance is actually in the Trea- sury, the money in the sole keeping of the Treasurer should be counted over or weighed; while as regards the money under the joint custody of the Collector and the Treasurer, if it was carefully weighed before it was taken into joint custody, and the Collector's keys have never been out of his hands, it would be sufficient to add together the totals of the memoranda of contents, which should be carefully kept within the boxes in English and the verna- cular, under the joint signature of the Collector and the Treasurer, and to open at random some of the bags in different parts of each box to make sure that they actually contained money. 4. The Collector referred to in this case did not always follow this mode of examination of the money under joint custody, but on some occa- sions trusted entirely to a memorandum of his Treasurer, of the accuracy of which he had no personal knowledge whatever, and in the particular instance under notice he seemed to think that by drawing his pen through the word “personally” in the certificate, he had altered it sufficiently to justify his signing it; but it must be obvious that a scratch through the word “per- sonally” was by no means sufficient to exonerate him from the responsibility of signing an incorrect certificate. It is well known that the intention of the certificate is to require the Officer in charge of a Treasury to assure the office to which he accounts, of his having made sure, of his own knowledge, that the money he shews in his cash balance is really under his custody. This the Collector in question professed to do when he was not in a position to do it, and when, had he reflected upon what he was about, he must have perceived that he was not in a position to do it. The money he said he had ascertained to be in his custody, was not in his custody, but in that of his Deputy Collector, whom he had left in charge of his Treasury, and to whom he had entrusted his key. No one but the Deputy Collector was in a position to sign the certificate signed by the Collector, whether the word “ personally” was in the certificate or not. SUDDER BOARD OF, REVENUE. 457 ) NO. DCCCXV. TO THE COMMISSIONERS OF REVENUE. August 6, 1850—No. 48. , | AM directed by the Sudder Board of Revenue to request that you will direct the attention of the Collectors subordinate to you, to the decision of the Sudder Dewanny Adawlut in the suit noted in the margin, reported at Raja Anundnath Rae, Applt. page 301 of the printed Decisions of the ., versus Collector of Rajshahee and others, Respats. Court for the month of June last, regulating the responsibility of a Collector acting under the Court of Wards. No. DCCCXVI. TO THE COMMISSIONERS OF REVENUE. August 6, 1850–No. 49. V W ITH reference to Circular No. 40, dated the 5th ultimo, and at the request of the Accountant to Government, I am directed by the Board to Accountant to Board, 21st May, 1850. forward for Comhnunication to Collector S, a Board to Government, 7th June, 1850. CO of the correspondence noted in the Government to Board, 22nd June, 1850. py p . margin. 2. The Collectors will carefully observe the instructions contained in the Circular from the Accountant, dated 18th J uly, 1850, respecting the audit necessary to the admission of law charges in the Treasury accounts. 3. Lest the expression “irrecoverable advances” used at the end of the second paragraph of Circular No. 40, should be misinterpreted, I am directed to explain that by “irrecoverable advances” sums demandable under decrees see para. 11 of letter to government of Court which may prove irrecoverable were dated 12th April. intended;—no alteration is intended respect- ing the authority necessary for charging sums decreed against Government. It is only disbursements necessary for the conduct of suits, that Commissioners are empowered to sanction. J) No. 815. MISC. DEPT. Attention called to a decision of Sudder Court, re- gulating a Collec- tor's responsibility when acting under the Court of Wards. No. 8 16. Misc. DEPT. Correspondence circulated on mode of bringing law charges to account —Explanation of term “irrecovera- ble advances” in C. O. No. 40 of 5th July, 1850, 5 Z 458 CIRCULAR ORDERS, Circular, No. 816. Aug. 6, 1850. J -Y- Ç FROM THE ASSISTANT ACCOUNTANT TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 26, dated 21st May, 1850. Mr. Under Secretary Seton Karr, in communicating the sanction of Govern- ment to the Board’s proposal for altering the present practice of adjusting expenses incurred on account of civil suits, having forwarded to this office an extract (paragraphs 7th to 12th), from the Board’s letter, I have the honor to draw the Board’s attention to the concluding part of the 9th paragraph, and to point out that the documents therein mentioned will not suffice as vouchers for the Treasury accounts. t 2. If you will refer to the 3d paragraph of my letter to your address, No. 418, dated 5th February, 1850, you will observe that it is distinctly stated such charges cannot be admitted in this office without audit, the Civil Auditor’s pass being necessary under the Circular from this department, No. 361, dated 8th June, 1828, copy annexed. - 3. Further, to close the head of advances for civil suits, it will be necessary to transfer the outstanding balance to the new head of account, and as the audit of the Civil Auditor will be necessary for this debit also, and this point is not provided for in the Board’s scheme, possibly a further reference to Government may be necessary for sanction, to enable the Auditor to pass the charge, since the outstanding balance amounts to a considerable surn. * 4. As a Circular regarding the change of practice will be necessary from this office, I solicit you will inform me at your early convenience what instructions the Board would wish me to give regarding the transfer of this balance. * FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE SECRETARY TO THE GOVERNMENT OF BENGAL, REVENUE DEPART- MENT. No. 268, dated 7th June, 1850. With reference to the correspondence noted on the margin, on the subject of To Government dated 12th April,1850, altering the existing practice of adjusting expen- No. 1 75. * ge & & From Government dated 11th May, ses on account of Government civil suits, I am 1850, No. 493. , *** directed by the Sudder Board of Revenue to forward herewith a copy of a letter from the Assistant Accountant to the Govern- ment of Bengal, dated 21st ultimo, No. 26, with its enclosure, and with reference thereto, to request that the Civil Auditor may be instructed to pass law charges in future on the sanction of the Commissioners, and to admit the transfer of the outstanding balances of advances for civil suits in the several Districts to the new head of “ law charges” in the lump. SUDIDER BOARD OF RIEVENUE. 459 FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUI) DER BOARD OF REVENUE. No. 607, dated 22d June, 1850. In reply to your letter, No. 268, of the 7th instant, I am directed by the Deputy Governor of Bengal to inform you that the necessary instructions have been issued to the Civil Auditor to pass law charges in future, on the sanction of the Commissioners, and to admit the transfer of the outstanding balances of advances for civil suits in the several Districts to the new head of “law charges” in the lump. 2. The Civil Auditor has been furnished with extracts from the correspond- ence on this subject for his guidance. º - e sº esm- NO. DCCCXVII. TO THE COMMISSIONERS OF REVENUE. August 6, 1850.—No. 50. I AM directed by the Sudder Board of Revenue to forward for your information, a copy of their letter of this date to the Accountant to the Government of Bengal, on the subject of supplying your office with a copy of the Circulars which he may issue to Collectors. FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE ACCOUNTANT TO THE GOVERNMENT OF BEN GAL. No. 59, dated 6th August, 1850. It being desirable that the several Commissioners should be kept informed of the mature of the orders issued from your office to Collectors, from time to time, I am directed by the Sudder Board of Revenue to request that a copy of each Circular that you may issue, may be transmitted to the Commissioners for their information. 2. You have already been instructed to furnish the Board with a copy. NO. DCCCXVIII. TO THE COMMISSIONERS OF REVENUE. August 6, 1850.—No. 51. | AM directed by the Sudder Board of Revenue to intimate, that the Register of balances due by revenue defaulters having been abolished, the orders contained in paragraph 11 of their Circular, No. 29, dated 17th July, 1849, are of course superseded, so far as the submission of that Register 'to the Board is concerned. Circular, No. 816. Aug. 6, 1850. \ —) Y No. 817. Misc. DEPT. Commissioners provided with co- pies of Account- ant’s Circulars addressed to Col- lectors. No. 818. Misc. DEPT. Intimation of abolition of Regis- ter of balances due by revenue defaul- terS. 460 CIRCULAR ORDERS, No. 819. MISC. DEPT. Thermometers to be placed in the shade on the north side of cutcherries. No. 820. MISC. DEPT. Repair of broken pluviometers how to be effected. NO. DCCCXIX. To THE COMMISSIONERS OF REVENUE August 9, 1850.-No. 52. g THE Sudder Board of Revenue having observed great discrepancies in the registers of the range of the thermometer embodied in the Harvest Reports, and presuming that these discrepancies arise from the want of uni- formity with respect to the situations in which the thermometers are kept, are pleased to direct that in future the thermometers be kept outside of the cutcherry house, on the north side of the building, and in the shade. £, NO. DCCCXX. TO THE COMMISSIONERS OF REVENUE August 9, 1850.—No. 53. | AM directed by the Sudder Board of Revenue to communicate, with reference to Circular Order, dated 31st May last, No. 30, that the present pluviometers must be continued in use so long as they remain serviceable. When trifling accidents occur, such as the breaking of the scale, &c. the float and broken parts should be sent direct to the Mathematical Instrument Maker's department attached to the Surveyor General's office, where the damage will be repaired at a trifling cost, unless the repairs can be executed on the spot. No. 821. Misc. DEPT. Collectors on Suc- ceeding to office, not to alter the prac- tice established by their predecessors, without sanction. Commissioners to No. DCCCXXI. TO THE COMMISSIONERS OF REVENUE. August 13, 1850.—No. 55. THE Commissioner of Patna having brought to the notice of the Board, that in 1847 the Collector of Shahabad ruled that no security bond under Sections 15 and 16, Regulation V. of 1812, should be received unless the same had been registered by the Register of Deeds, and that the Register of Deeds of Zillah Sarun had lately requested the Acting Collector to extend the SUDDER BOARD OF REVENUE. 46] O system to his District, which request the Acting Collector very properly reported to the Commissioner, in order to the prevention of such mistaken proceedings; I am instructed by the Board to direct that the course followed by the Acting Collector of Sarun shall always be observed in future, and that no Collector shall in any respect alter the practice of any office of which he may take charge, without the sanction of the Commissioner of the Division. If an Officer disapproves of any practice which may have prevailed under his predecessors, or is desirous of introducing a new system in any depart- ment of his office, he will address the Commissioner, detailing fully his reasons for the alterations proposed. 2. It will be the duty of the Commissioner, due reference being had to local peculiarities, to preserve uniformity of proceeding in all the offices under him. - 3. By this means not only will bad management be prevented, but the benefit of rules introduced by one fitted to reform abuses, instead of being confined to the District of which he may have charge, with liability to disuse on his leaving it, will be extended to all Districts with a certainty of preservation. 4. A Commissioner on any change being proposed to him, the intro- duction of which generally appears desirable, will address the Board. J No. DCCCXXII. TO THE COMMISSIONERS OF REVENUE. August 16, 1850.-No. 57. I AM directed by the Sudder Board of Revenue to request that the rule laid down in Circular Order dated 8th May, 1829, No. 1900, which has fallen into disuse, may be strictly observed, and that you will invariably report the dates of your departure to and return from the Districts of your Division. 2. The Board will expect you to make the tours of your Division once a year, and to remain in each District at least a fortnight. They have instituted a Register in their office for the purpose of enforcing the due performance of this duty on your part. Circular, No. 821. Aug. 13, 1850. \ - J gº Y- & introduce uniform- ity of practice in all Districts under their charge. No. 822. Misc. DEPT. Dates of depar- ture of Commis- sioners on their tours and of re- turn to be reported, for the purpose of being inserted in a Register in the Board’s office. Tours to be made once a year, and a fortnight spent in each District. 6 A 462 CIRCULAR ORDERS, No. 823. Misc. DiPT. Forms of 35 lithographed Re- gisters to be main- tained in Collec- tors’ offices. O No. DCCCXXIII. TO THE COMMISSIONERS OF REVENUE. August 27, 1850–No. 59. O IT having been brought to the notice of the Board that the same Registers are not kept up in all offices, and that different forms are used for Registers which are identical, I am directed to intimate to you, that forms for thirty-five Registers, as per list annexed, have been sent to the Lithographic Press, and that the Superintendent has been directed to supply Collectors immediately with a book of eaëh. When these books shall be nearly filled, the Collectors will indent on the Superintendent either for new books, or for sheets with which to form books, as may be found most convenient. 2. You will be good enough to instruct the Collectors of your Division never to indent at one time for more books or sheets than they will require for one year's consumption. 3. If sheets are indented for, they will when received be bound up by the Collector's dufteree in kurwa or other strong cloth, and be numbered in conformity with the list. : 4. The form of the Registers is not to be altered. The Superintendent of the Press has been instructed never to admit of any alteration or to change the numbers. When these Registers shall have been in use one year, any Collector desirous to introduce an alteration in one of these-Registers, or to establish a new Register, will submit his proposal to the Commissioner, who if he considers the change desirable, but not otherwise, will submit the Collector's letter to the Board, when the alteration will either be introduced generally or disallowed. 5. Should any local peculiarities make other Registers necessary, they will be styled “Local Registers.” 6. When on circuit you will examine these thirty-five Registers, and having ascertained that they are systematically kept up, sign each, noting the date on which it was inspected. LIST OF REGISTERS. No. 1. Register of petitions. No. 2. Register of roobokarees, reports, urzees, &c. received. No. 3. Register of mutation cases. No. 4. Register of summary suits under Regulation VII. of 1799. , No. 5. Register of suits under Regulation W. of 1812. SUDDER BOARD OF REVENUE. 463 O No. 6. Register of miscellaneous cases under Regulation W. of 1812. -> Circular, No. 823. No. 7. Register of sales of putnee talooks under Regulation VIII. of 1819. U. "& " ": ) No. 8. Register of sales under Section 15, Regulation VII. of 1799, Act I. of Y 1820, and Act VIII. of 1835. tº No. 9. Register of miscellaneous, cases. No. 10. Register of miscellaneous cases connected with khas muhals. No. 11. Register of cases of execution of decrees in summary suits. No. 12. Register of appeals in summary suits under Regulation VII. of 1799, and V. of 1812. No. 13. Register of butwarrah cases under Regulation XIX. of 1814. No. 14. Register of cases connected with the Court of Wards. No. 15. Register of cases in which explanation may be caked for from Com- missioner’s office. No. 16. Register of roobokarees received from the Special Commissioner’s office. No. 17. Register of precepts received from the Civil Court. No. 18. Register of Government original suits in the Courts of the Judge and Sudder Ameen. No. 19. Register of Government cases in the Moonsiffs’ Courts. No. 20. Register of appeals in Government suits. No. 21. Register of cases referred by the Civil Court under Section 30, Regu- lation II. of 1819. No. 22. Register of cases instituted in the Collectorship under Section 30, Regulation II, of 1819. - ..? º No. 23. Register of muhals brought to sale under Act I. of 1845. O No. 24. Register of enquiries respecting securities. No. 25. Register of applications to have documents stamped under Regulation X. of 1829. No. 26. Register book of mooktearmamahs. No. 27. Register of claims to deposits. No. 28. Register of appeals in cases of sale of shikmee muhals. No. 29. Register of prisoners confined in the civil jail at the instance of Col- lectors. No. 30. Register of muhals attached by order of the Civil and Criminal Courts. No. 31. Register of fees under Regulation XV. of 1797. No. 32. Register of fees for searching records under Circular Order of 17th July, 1829, No. 31. n - No. 33. Dustoor-ool-umul book in which all rules prescribed by the Com- missioner and the Sudder Board are to be entered. * No. 34. Book of translations of orders received from the Commissioner, Sudder Board and Government, translation of which may be considered necessary. No. 35. Book of miscellaneous roobokarees unconnected with any case. 464 CIRCU&LAR ORDERS, No. 824. MISC. DEPT. Covenanted AS- sistants to be em- ployed in the cold weather on revenue duties in the in- terior of Districts. Their reports to be submitted for Board’s inspection. No. DCCCXXIV. TO THE COMMISSIONERS OF REVENUE. September 3, 1850.-No. 62. WITH reference to the instructions which have from time to time been issued from this office respecting the employment of Assistants in the interior during a portion of the cold season, I am instructed to forward for your information and for communication to the Collectors, copy of a letter from the Secretary to Government, dated the 16th ultimo, No. 761, and ſo request that you will make arrangements for the employment of all the Assistants of your Division in revenue work in the interior during a portion of the ensuing cold weather.” 2. If there are no settlements to be made, there are always in every District some cases pending in which enquiries on the spot would be useful, and I am directed to request that before the 1st November, you will arrange on what duty each Assistant shall be employed. 3. As before directed, the Assistant's report is to be written by himself and sent for the Board's inspection. * . FROM THE SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SEC- RETARY TO THE SU DDER BOARD OF REVENUE. O No. 761, dated 16th August, 1850. O I am directed by the Deputy Governor of Bengal to acknowledge the receipt of your letter, No 319, dated the 19th ultimo, suggesting that all Magistrates be instructed to make their tours in the interior of their Districts only during the months of November and December, in order that Assistants may be placed at the disposal of Collectors for employment in the interior of their Districts, during the months of January, February and March. 2. In reply, I am directed to state that his Honor fully concurs with the Board in attaching great importance to the employment of Assistants in revenue work in the interior of their Districts, during every part of the cold season when there is any such work to be done ; and he authorizes the Board to employ Assistants at that particular time of the year, whenever there is such work to be done, as though the whole of their time were at the disposal of the Collector. 3. His Honor sees no necessity for a rule restricting the tours of Magistrates * Revenue duties may be assigned to Assistants in charge of sub-divisions. C. O. 28th January, 1851, No. 4. - f The reference here is to orders passed in connection with the annual Reports, directing the em- ployment of Assistants on Settlements, their reports being drawn up by themselves without assistance. gº SUDDER BOARD OF REVENUE. 465 O Magistrates should be considered in charge of their own As regards the superintend- to two particular months. offices, in whatever part of the District they may be. ence of the jail, which is the only duty a Magistrate cannot personally perform when out in the District, the Magistrate must make the same arrangements when the Assistant is employed in the District in settlement or other duties under the Collector, as he would make if there happened to be, as is frequently the case, no Assistant attached to his District at all. The Superintendent of Police has been informed accordingly. © NO. DCCCXXV. . TO THE COMMISSIONERS OF REVENUE. September 10, 1850.—No. 63. I AM directed by the Sudder Board of Revenue to intimate for your information and guidance and for communication to the Collectors subordi- nate to you, that the Government have been pleased to authorize Collectors to receive applications on plain paper for deposits in their Treasuries, when the amount is less than Rs. 50. No. DCCCXXVI. TO THE COMMISSIONERS OF REVENUE. September 13, 1850.—No. 64. I AM directed by the Sudder Board of Revenue to transmit for your information and guidance and for communication to the Collectors of your Division, a copy of a letter from the Register of the Sudder Court, No. 1338, dated the 28th ultimo, communicating the decision of the Court on the following question referred to them by the Board; viz. whether a Pergunnah Cazee is placed so exclusively under the Judge's control as to render it improper for the Collector to summon him direct to answer for any derelic- tion of duty as a Sale Commissioner appointed under Act No. I. of H839. 2. The Board concur in the observation of the Court that an Officer subordinate to two Authorities, should not be summoned by one, without intimation being given to the other. Circular, No. 824. Sept. 3, 1850. \- -Y J No. 825. Misc. DEPT. Applications for deposits less than 50 Rs. may be on plain paper. No. 826. Misc. DEPT. Decision of Sud- der Court circulat- ed to the effect that an Officer sub- ject to two Authori- ties, such as a Per- gunnah Cazee who is also a Sale Com- missioner, should not be summoned by one Authority without intimation being given to the other. 6 B 466 CIRCUIAR on DERs, Circular, No. 826. Sept. 13, 1850. * - J Y- No. 827. Misc. DEPT. Form of Return of Collectors’ bu- siness prescribed, with instructions. Separate State-e ments of summary suits and execu- tions of summary decrees forwal ded with annual Re- ports, discontinu- ed, as well as quar- terly statements of Resumption suits. FROM THE REGISTER OF THE SUDDER (OURT, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 1338, dated 28th August, 1850. In reply to your letter No. 104, dated 16th ultimo, I am directed by the Court to state for the information of the Sudder. Board of Revenue, that the Judge of Bhagulpore has reported that he was ignorant at the time that he objected to the Cazee being summoned by the Collector, of that Officer being also an Ameen under Act I. of 1839. The Court consider this explanation satisfactory, and observe that an Officer subordinate to two Authorities, should not be summoned by one, without intimation by him to the other. NO. DCCCXXVII. TO THE COMMISSIONERS OF REVENUE. September 17, 1850.-No. 65. By Circular Order No. 25, dated 14th May last, you were requested in future to forward quarterly to the Board, the Statements of business received from the Collectors, in order that any misuse of the agency allowed might be immediately checked, and that the Board might be always informed what share of the business was taken by each of the Officers employed. <) 2. It now appears that some of the Commissioners do not receive from the Collectors subordinate to them any returns shewing by whom the work transacted during the quarter has been performed, and the Board have been requested to determine in what form the information required shall be furnished. 3. For the future, Collectors will forward quarterly to your office, and you will submit to the Board with such remarks as may be called for, a Statement in the form annexed for each District. You are requested to send all the Statements for your Division together, and in order to the completion of the series in this office, with the Statement for the 2nd quarter you will forward a Statement for the 1st quarter of the current year. 4. The Board are now engaged on a revision of the annual Statements with a view to decrease their bulk and save labour in the preparation of then—they will be mindful to arrange that these quarterly Returns shall suffice for the foundation of the annual Statements of business. sudder BOARD OF REVENUE. 467 5. This one Return will suffice for statistical and executive purposes. The separate statements for Summary suits, Execution of summary decrees, Cases under Regulation II. of 1819, Regulation III. of 1828, Regulation IX. of 1825, will no longer be required, but the three Statements connected with sales under Act I. of 1845, must be forwarded separately as heretofore. They contain much information which cannot be dispensed with, and cannot be brought into this form. The statement of prisoners will also be sub- mitted as at present. 6. Settlements are purposely excluded from this Statement. Where D settlements are in progress, a concise progress report may be annexed shew- ing who were employed during the quarter on settlements and the work performed ; but figured statements are unsuitable to the conveyance of infor- mation on such a subject and are calculated to mislead. 7. The Board understand that in some Districts the Deputy Collectors furnish long monthly reports of the progress of the settlements on which they are employed. Such frequent reports, they observe, are seldom inspect- ed, while their preparation occupies much time—wherever used they may be discontinued. ’8. The Notes in the column of remarks should always be written by the head of the office himself. In the estimation of the Board, the transfer of such a duty to a subordinate, indicates careless management and an indiffer- ence to good report, which has an injurious effect on the subordinates of all classes. Circular, No. 827. Sept. 17, 1850. \- —y- 468 CIRCULAR. O ORDERS, Circular, No. 827. Sept. 17, 1850. \ —J -Y- Statement of business in the office of the Collector of ăn the – gr. of 1850-51. Description of business. . 3| 4 : . o' 5 2 |#2 c º .9 || > P- || cº- * on 2-lº2: --> #|- s: "T gº . #|3|3 º: . c |_o ‘º | boiº- - || 3 a o | * 32 º- 2 ºn Disposed of. Remaining. 5| 6 || 7 || 8 || 9|10|11||12||1314|15|16|17|18 19 e I & Hº # E —; R. C.) |- º: §§§ $–4 || 3– 3|E|3: cd c |3|#|Ā . . . . $2 | S | S 2–3 ||= |2= tº c || 3 || 3 || 3 || | | |*|O |3|3|3 2|3|3|##| |g|E|E|2|9|2 *º --> t eX |-|3| || 3 || > || 4-2 || 4-2 * 9 || 3 || 3 | Pºl P-, E-, - || 3 ||37 || 7 || 3 | E | = | : Remarks. § 3 || 3 || 3 ||3|E|*||=#| 7 |: F-| F- + -a; § tº º || 5 | E B | 3 | "G | 3 || 3 || 3 || 65|| 3 ||3: = | 7 || 7 || 3 || 3: ;|S|->| *-* tº Cº. tº * : *iº so a # 3 ~5 ; so a : ~~ *** e e s e s e s is e º e s e e deposit, . . . . under Regu. Total,.... Execution of d Suits, . . . . . . . . *==== Total. Remarks. Should any case have been pending above 6 m.onths, the cause should be given. SUDDER BOARD OF REVENUE. 469 Ty Memorandum of Resumption suits. Circular, No. 827. \ Sept. 17, 1850. \ – — Decided in favor Estimated * Estimated Struck |Total dis- of Go- jumma. dividuals | J"* off. posed of. Vernment * | Under Regulation II. of 1819, . . . . . . . . . . . . . . Under Regulation III. of 1828, . . . . . . . . . . . . Under Regulation IX. of 1825, . . . . . . . . . . . . . . NO. DCCCXXVIII. TO THE COMMISSIONERS OF REVENUE,% September 24, 1850.-No. 154. No. 828. Misc. DEPT. | AM directed by the Sudder Board of Revenue to transmit to you a copy System adopted of a letter from Lieutenant-Colonel J. Steel, Superintendent of Police and tºyº i. Supplies, Grand Trunk Road, No. 52, dated the 23rd ultimo, and of the ing provisions for extract from his report to the Government of the North Western Provinces, * th.". dated the 2nd March, 1848, to which it gave cover, relative to the system Trunk Road. adopted in those Provinces for the supply of provisions for troops marching , along the Trunk Road, and to enquire whether the same plan can be established in the Districts of your Division through which the road in question passes. FROM LIEUTENANT-COLONEL J. STEEL, SUPERINTENDENT OF POLICE AND SUPPLIES, GRAND TRUNK ROAD, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 52, dated 23rd August, 1850. I have the honor to acknowledge the receipt of your letter No. 123, dated the 6th instant, requesting me to communicate for the information of the Sudder Board, all that I can regarding the system pursued in the North Western Provinces, for the accommodation and supply of troops marching, and of the expense attending the establishment and maintenance of the burdasht khanas. 2. In reply I have to acquaint you for the information of the Board, that Encamping ground. encamping grounds were selected at each of the usual halting places, under orders by the Hon’ble the Lieutenant-Governor, North Western Pro- * This Circular was issued to the Commissioners through whose Divisions the Grand Trunk Road passes, viz. Jessore, Moorshedabad, Patna, and Hazareebaugh. 6 C 470 CIRCUBAR ORDERS, Q Circular, No. 828. vinces, dated 25th March, 1847, but were subsequently amended in pursuance of a Sept. 24, 1850. , Page 92 Selected Orders. notification in the Agra Government Gazette, dated 28th Y- April, 1848. 3. These encamping grounds are each 400 yards square, and on the more frequented parts of the Grand Trunk Road, there are two close together, and parallel to, and adjoining the road, and generally opposite to each other. 4. They were directed to be chosen with reference to shade and water, for the comforts and convenience of the troops, but without interfering with the rights of owners to the trees on the ground. Where shade could not be found, trees have been planted to insure, at a future season, shade for troops that may have to march early or late in the season—a sweeper has also been engaged to keep the encamp- ing grounds clean; by removing the refuse or offal after the march of troops or travellers. 5. The expense of resuming these lands has been or is to be adjusted by the Commissioners of the several Divisions, and is unknown to me. Supply of provisions. 6. The question of the supply of provisions was so obvious- ly to the disadvantage of all those who had hitherto had any share in their collection, I was not surprized that the greatest difficulty should exist to the establishment of any organized system of purveyance ; and it was not till the per- sonal exertions of his Honor the Lieutenant-Governor were brought to bear on the question, that the difficulty was overcome ; more especially where the want of energy of the heads of Districts did not enforce the enactments, the natives with their usual subtlety urged every excuse to delay it, and they may be said to have only been completely overcome by his Honor’s trip down the Grand Trunk Road last cold season. On that occasion I accompanied him, and he visited every burdasht khana, and saw every tehsildar in whose districts they were, and it was only to his personal exhortations on these occasions that I can attribute the overcoming of the difficulties. 7. With a view to enable the Sudder Board to form an estimate of some of these difficulties, I beg leave to annex paras. 2 to 17 of my report, dated 2nd March, 1848, for the information of the Lieutenant-Governor.—Wide Appendix A. 8. In pursuance of the spirit of the General Orders of the 21st January, 1833, Burdasht khanas. burdasht khanas were commenced by Mr. Montgomery, the indefatigable Collector of Cawnpore, in the cold season of 1847-48, and were subsequently directed in the notification of the 28th April, 1848, to be extended to all the Zillahs of the North West Provinces.—Wide plan, Appendix B. of the Select- ed Papers. 9. The expense of the burdasht khanas have been about 300 Rs. each in the Cawnpore Zillah, and have varied in other Zillahs more or less, according to the Price of materials or the means of labour engaged. In some Zillahs convict labour was employed, and of course the expense was considerably diminished, as the Wºlls were made of earth, and the roofs covered with tiles, so that little work had to be paid SU DDER BOARD OF REVENUE. 471 ) for ; but I should think 300 Rupees the highest rate which they ought to attain. The burdasht khanas should always be close upon the road so as to allow the contractors the benefit of sale to all travellers. Page 92 Selected Orders. 10. The contractors were established under the notifica- tion of Government, 28th April, 1848, and advances under adequate security sanc- tioned them as follows:— Bummeahs,. . . . . . . . . . . . . . . . . . 200 Rupees. Firewood and bhoosa, . . . . . . . . 150 Milkman, . . . . . . . . . . . . . . . . . . 40 Fowls and eggs, . . . . . . . . . . . °. 25 ‘J Kurbie, . . . . . . . . . . . . . . . . . . . . 35 Grass and straw, . . . . . . . . . . . . 20 J. Sweetmeats, . . . . . . . . . . . . . . . . 10 Shepherd, . . . . . . . . . . . . . . . . . 25 Oilman, . . . . . . . . . . . . . . . . . . . . 25 Coomar for pots, . . . . . . . . . . . . 10 Chebane, . . . . . . . . . . • . . . . . . . 25 Total Rupees,. . . . 565 A chowdree for carriage was sanctioned with an advance of 50 Rupees, but that arrangement has been since modified. 11. The contractors by that notification were to have the shops and godowns in the burdasht khana free of rent; they were to sell at the rates of the day, to have no monopoly, and be bound under penalties to furnish the best supplies, and to refund the advance whenever required. The Police were prohibited having any thing to do with them, as it was found they were fed by the bunneahs, but as usual did not pay. 12. The contractors were furnished with sunnuds or agreements by the Collector, which has given them an importance and confidence in themselves, and they are now less inclined to submit to the impositions of native officials. Care should be taken not to allow one individual to have the whole of the contracts at any station, but separate engagements should be made with each contracting trades- man, else the general contractor will require a profit as well as the individual trader, and this will lead to adulteration and consequent dissatisfaction. Page 131 Selected Papers. 13. A merick or price-current is furnished them in English and Persian for articles that only fluctuate periodically, and the tehsildar sees that the prices at which they sell other articles are in conformity with the rates and usage of the District. 14. The difficulty at first was to induce men to engage in a novel system—that of supplying native officials—but it is now so well established in some Zillahs, that I fully expect that contractors may be obtained without any advance whatever, more Circular, No. 828. Sept. 24, 1850. U Y L} 472 CIRCULAR ORDERS, Circular, No. 828. Sept. 24, 1850. C - —J -Y. () especially where these men find their interests looked to and protected, and ultimately they may be expected to keep up the burdasht khanas and all other incidental expenses, on the whole of the Grand Trunk Road, upon which there is such a great and increasing traffic. 15. With a view to enable the Sudder Board to understand more fully the whole of these arrangements, I enclose for their information copy of the selected papers and orders, civil and military, regarding the march and supply of troops, &c. published by order of the Hon’ble the Lieut.-Governor, North Western Provinces. 16. In conclusion I may add that the expense of the burdasht khana may be about 300 Rupees at each halting ground. The contractors will require a loan of 565 Rupees; but the expense of the ground resumed I am not aware of... I shall be happy to furnish information on any other subject the Board may require. APPENDIX A. EXTRACT OF A LETTER FROM MAJOR. J. STEEL, SUPERINTENDENT OF CANTONMENT POLICE, N. W. P., TO THE SECRETARY TO GOVERNMENT, N. W. P. Dated 2nd March, 1848. 2. At each place, with few exceptions, I saw the tehsildar, thanadar, chow- dree, bummeah, with whom in conjunction with the Officers of the Revenue department, rests the arrangement for providing food for travellers; the contractor for firewood and bhoosa, at all the places where they existed; and lastly the Zemin- dars of all the villages adjoining, to whom I gave an opportunity of expressing any complaints they wished to make. 3. I kept a daily journal of what took place, and now proceed to embody my observations and suggestions I have to offer grounded on them. 4. Previous to our occupation of this country, and at the present day in the surrounding Native States, more particularly Oude, where the majority of our native army are enlisted, the public Officers of the Government, civil and military, and their attendants, travel at the expense of the people, who at the different places of halting, are obliged to supply, without any payment, firewood, bhoosa, straw, grass, water, pots, milk, &c. &c. 6. This has in pursuance of the orders of the British Government, been gradually, but too slowly subsiding within our Provinces, consequent on the dis- inclination of the native servants of the Government, civil and military to its abolition. 7. From education, habit, and all early associations, they think they have a right to be supplied gratis; hence the opposition to any arrangements to prevent the old system of purveyance; and I may say, without any exception, the higher the SUDDER BOARD OF REVENUE. 473 rank or authority of the master in any given place, the more exorbitant are the exactions of the servants and establishments employed under him. 8. Regulation XI. of 1806 was intended to remove this, and directed the Commanding Officer of a corps, or others requiring supplies, to forward an indent to the Collector, requesting provision for a certain number of people, calculating the expenditure at some unnecessarily given data, at certain places of encampment, by particular dates. 9. The Collector then sent an order to the tehsildar, who again employed mirdahs and chuprasees, who were too happy to be engaged in a matter which gave them the opportunity of so much profit. 10. These men immediately sent to the different villagers and directed them to be prepared to attend camp with a due supply of provisions, &c. Those who could pay got an exemption from being dragged from home several miles, and often for uncertain periods, occasioned by delays in the march of a corps or individuals from rain or other cause. They were directed to supply a certain portion of the required indent; the larger the camp, the more extensive the levy. 11. Their great object was to collect from the different Zemindars or lumber- dars, firewood, forage for cattle, earthen pots, fowls, eggs, milk, &c. more than the required quantity, the whole of which was gathered in one place, and what was left unconsumed was appropriated to themselves. • 12. This cxcess not only remained unpaid for by the camp, but also (from timidity and ignorance of the people employed, and the want of all systematic arrangements) several of the servants, camp-followers, &c. &c. did not pay for the articles received. The consequence was that to the zemindars little or nothing was ' ever paid. , 13. The different articles were not paid for when withdrawn from the villages— the Revenue Officers not having been supplied with money for that purpose, and the procrastination in obtaining their due, arising from the thousand reasons that could be assigned for non-adjustment, frequently precluded all hope, and the people were compelled to put up with the loss. 14. The parties furnishing seldom applied for payment; some, from it not having been the custom, and others, afraid to do so; so that not only the surplus store, but nearly all the money paid for the different articles, went into the pockets of the Revenue and Police Officers themselves. 15. Such was the more general practice till the promulgation of General Orders V. P. 15, dated 21st January, 1833, directing that the burdasht khana articles of supply should be provided by contract, and tolls be established on the principal high roads. Had this been carried out in full in every Zillah, much of the grievance since inflicted would have been saved the pcople, but the orders unfortunately allowed, where, no contractors came forward, the articles to be stored and sold by the Government Officers: this has been taken a too general advantage of, and the system has remained with few exceptions unaltered. Circular, No. 828. Sept. 24, 1850. Y- J 6 D 474 CIRCUtAR, ORDERs, w Circular, No. 828. Sept. 24, 1850. Y- U No. 829. MISC. DEPT. New thakbust and khusreh Rules circulated, with instructions for carrying them into effect. 16. Contractors can always be found under proper protection ; but it is not the interest of the subordinate Officers of the Revenue Department that the arrange- ments should be taken out of their hands. In some Zillahs they collect the dry wood and decayed trees during the year, on the plea of supplying troops marching, for which no payment is usually made. O *: e. 17. In Furrackabad Zillah contractors for firewood and bhoosa (and some rivalry now exhibits itself) have existed for some years, to the great relief of the zemindars and villagers—advances on that account having been regularly made, and accounted for. This is essential to enable the contractor to lay in an adequate supply in due time, so as to be ready and fit for use when required, which no indi- vidual could do from his own resources. O y O NO. DCCCXXIX. TO THE COMMISSIONERS OF REVENUE * October 8, 1850. HEREwiTH you will receive two copies of Rules for the thakbust and khusreh operations of the surveys in the Lower Provinces, which have been drawn up by the Board for the guidance of the Superintendents, in pursuance of the resolutions come to at a Conference held at their office, at which the Deputy Surveyor General, two of the four Surveyors, and three of the four Superintendents were present. One of these copies you will reserve for your own use ; the other, with the accompanying specimens, you will immediately forward to Mr. , together with a copy of this com- munication. sº 2. The Board will expect such superintendence on your part as shall ensure strict attention to the Rules now promulgated. You should during the cold season visit the Superintendent's camp, and by actual examination of the thakbust and khusreh maps and missils, satisfy yourself that the X, system laid down is in every respect observed. + Addressed, with unimportant variations, to the Commissioners in whose Divisions survey opera- tions were being carried on, viz. Jessore, Bhaugulpore, Dacca and Moorshedabad. That portion of para. 8, which relates to the extra establishment for disposing of khusreh arrears, was commu- nicated only to the Commissioners of Jessore and Dacca, there being no arrears of that description in the other Divisions. In February, 1851, one of the Survey Superintendents was appointed to superin- tend the operations generally under the title of Controller of Surveys, and Commissioners retained only the judicial power of hearing appeals in boundary disputes. The Superintendent of the Bhaugulpore, Purneah and Maldah surveys was the first appointed to the office of Controller; but on the place being vacated by the then incumbent, it was provided as a more convenient arrangement in many respects, that the Superintendent of the 24-Pergunnahs survey should have the control of the surveys. suppER BOARD, OF REVENUE. 475 3. The Board desire most earnestly to impress on the Superintendents that the success of the plan depends entirely on their industry and efficiency. It is necessary that they should carefuly instruct their ameens, and employ only those whose qualifications for the duty they have ascertained by ex- amination and test in the field. It is equally necessary that the Superintend- ents be with them in the field during the whole of the working season. From the 1st December to the 1st May, the home of the Superintendent must be his tent, and the work of each ameen should be constantly inspect- ed, in order that any misapprehension or mistake may be immediately rectified. ' 4. You will immediately cause all the khusreh maps of the Pergun- mahs and Districts completed, to be collected, and either bound into books, or arranged and numbered in portfolios of suitable strength and size. Two copies on English paper will be carefully prepared of each map ; one com- plete set for record in the Collector's office, and one for record in the office of the Sudder Board of Revenue. It is to be borne in mind that the profes- sional maps of villages which have been measured by khusreh, contain no delineation of Estates, and that, consequently, these khusreh maps, and not the professional maps, must be made use of in carrying into effect the pro- visions of Act IX. of 1847. 5. On enquiry made during the late Conference, it appeared to be doubtful whether in all parts the instructions that in villages not measured by khusreh, the professional maps should shew all distinct Estates, i. e. all muhals paying revenue to the Collector, have been fully carried out. You will therefore be good enough to cause this point to be carefully ascer- tained by comparing the Surveyor's maps with the Registers. It is not intended that each village map should be collated; a few villages of each Pergunnah in which there are the lands of several muhals, may be compared, and should the muhals be found correctly represented, further investigation will be unnecessary; but should the distinction of muhals be found wanting in any one village map, the enquiry will be carefully followed up, and the extent of the omissions be fully reported to the Board, with mention of the names of the public Officers who are answerable for the departure from the course of proceeding prescribed in paragraph 5 of the Rules of guidance.* * The Rules in force before the introduction of the new thakbust and khusreh Rules, are con- tained in a report from the Superintendent of the Behar survey, Mr. C. H. Lushington, dated the 17th December; 1842, No. 134, to the address of the Commissioner of the Division, with the Board’s anno- tations thereon. The report with the notes of the Board was circulated to the several Commissioners Circular, No. 829. U Oct. 8, 1850. Y- ) 476 CIRCULAR ORDERs, Circular, No. 829. \ Oct. 8, 1850. Y- D 6. The Deputy Surveyor General has been requested to reduce the survey establishment as opportunity may offer, until it is of sufficient strength to keep pace with three hundred hulkahs per mensem, which is the quantity of work which it is expected each Superintendent will be able to perform. © 7. The sanction of the Government has been solicited to the revised field establishment, and the addition to the 'ministerial establishment of the Superintendent specified at No. XXVI. of the Rules. 8. In pursuance of a resolution passed at the Conference, you will instruct Mr. immediately to take over from the Surveyors the present arrears of villages under khusreh measurement, for disposal either by demarcation or khusreh measurement according to the new system. To enable Mr. of his future work, the Board have recommended that he be allowed, pend- to bring up these arrears simultaneously with the progress ing a report founded on actual experiment, an additional field establishment of the strength specified on the margin, to be employed exclusively on the khusreh arrears, to be reduced as the arrears 4 Peshkars at Rs. 40, . . . . . . Rs. 1920 ...!!!” * * * * ... as to * reduced, and to be entirely dispensed Ditto at Rs. 8, for ditto, .. , 1920 with, when they have been finally cleared Total annual expense,...... Rs. 7680 off. They have also recommended the ap- * pointment of a Covenanted Assistant under Mr. for the separate superintendence of this establishment under his instructions. • 9. For the use of both establishments, Mr. will be supplied by the Deputy Surveyor General with — compasses including those already furnished to him. — brass scales as standards for each peshkar and the office use. — printed paper scales to be stuck on a small block of wood for the use of the ameens. — paper protractors. 10. Mr. will also be supplied with some spare compass needles, to replace any which may require to be re-magnetized, and he will purchase a magnet with which to magnetize his needles when they require it, charg- ing the cost in a contingent bill. in succession, as the surveys entered their Divisions, and was considered to constitute a manual for the Civil Officers of the surveys. This report will be found in the Appendix. Such parts as have not been superseded by these survey Rules are still in force, but the preparation of a new and complete code, embodying the new Rules, is in contemplation. SUDDER BOARD OF REVENUE. 477 } THAKBUST AND REIUSREH RULES. Demarcation by scale and compass. I. All demarcations and measurements to be conducted by scale and compass, and with chains, to the entire abolition of ropes and poles. Chains. II. The chains to be 30 feet long. Scale. III. The scale of thakbust and khusreh to be as follows:– 330 feet to an inch, or 16 inches to a mile. The scale to be reduced one-half, when the circumstances of a village are such that the larger scale is unnecessary; or increased to 24 inches, should the minute sub-division of property require it. The Superintendents will be furnished with brass scales, of which a diagram and descrip- tion furnished by the Deputy Surveyor General, will be found, below. This scale being framed in exact accordance with the value of the standard beegah, and in due proportion with the professional survey scale, easy and immediate comparison between the operations of thakbust, khusreh, and professional survey, is obtained. Scale of 2% beegahs or 330 feet to the inch, or 16 inches to the mile. ||| | | | | | | | 2025 10 5 0 I 2 3 4 5 (5 7 8 9 1() cottahs beegahs This scale for the khusreh and thakbust measurements, is framed on the value of the new standard beegah of 14,400 square feet. The beegah side, therefore, , equals 120 feet, and two chains of 30 feet each, squared, give 5 cottahs, or 3 of a beegah. The divisions therefore on the scale, marked 5, 10, 15, 20, shew one chain of the description which will be actually used. Ö To make this scale, divide 4 inches into 11 equal parts, and each will be equal to the beegah side of 120 feet. One of these divisions again, sub-divided into four, Note—These cottahs are linear cottahs gives the measuring chains of 30 feet each, and of 6 feet each, 20 of which are equal to a & e g linear beegah. these again into two, shew half chains, or 2% cottahs of 6 feet each. IV. The thakbust by the ‘Superintendent of Survey will be conducted in the following manner. V. The length of every bend and sinuosity in the boundary having been ascer- tained by measurement in the field, the same distances and proportions are to be laid down on the map by means of the scale. VI. Each ameen will have a surveying compass graduated in the vernacular, with which the bearing of every thak or mark erected on the field is to be observed, and the proper direction given to the measurements, so that the map may be easily drawn, and the shape or contour of the very intricate boundaries found in nearly every viſlage of Lower and Eastern Bengal, preserved. Circular, No. 829. Oct. 8, 1850. C Y- —) 6 E 478 CIRCUI, AR ORDERs, () Circular, No. 829. VII. The bearings or number of degrees read off from the compass as pointed U oct. 8, 1850. _, out by the north end of the needle, will be laid down on the map by means of a Y- paper circular protractor engraved in the vernacular. These have already been supplied to the Superintendents, and as many more as may be required will be forwarded. VIII. To facilitate the protraction of so many bearings to form one circuit, lithographed ruled paper will be furnished to the Superintendents—the parallel lines across the sheet forming so many meridians on which the protractor might be fixed, thus ensuring greater accuracy. IX. Some error in closing the, circuits will be inevitable, and it is better that this error should be distinctly shewn on the thakbust map, than that the work should be forced to close. Q. Demarcation of Estates, i. e. muhals. X. This thakbust is in future to embrace, be- sides the village boundaries, the demarcation of the boundaries of each muhal in a village. The Superintendent will in the first place lay down the village boundary, and then demarcate on his thakbust map the boundaries of all independent muhals having lands in that village. Every thakbust map and missil must be examined and countersigned by the Superintendent himself, before it is transferred to the Surveyor. XI. The holdings to be considered independent muhals, entitled to distinct entry on the thakbust maps, are 1st. Independent muhals paying revenue to Government. 2nd. Insulated blocks of such independent muhals. 3rd. Resumed tenures. º 4th. Confirmed lakhiraj tenures, i. e. tenures confirmed on trial, and tenures mot subjected to trial, the titles being considered good. Q 5th. Blocks of land belonging to the 3rd and 4th classes. 6th. Blocks of land relinquished under the orders not to assess holdings under 50 beegahs. e 7th. Concealed rent-free tenures discovered by the survey, and referred for investigation to the Collectors. XII. If the demarcation of the boundaries of all these independent holdings can be effected, and the lands of each correctly represented in the map, without resort to khusreh measurements, demarcation of the boundaries of each will be Khusreh measurement when demarca. made by chain and compass. If the lands are so tion without it is impossible. interlaced that such demarcation would be more intricate, laborious, and expensive than khusreh, demarcation by khusreh will be resorted to. Khusreh at discretion of Superinten- XIII. In one survey, independent muhals held in patches not exceeding an acre in extent, have been demarcated and correctly placed in the thakbust and the professional maps, but it is left to the discretion of the Superintendent to prepare his 'thakbust dent. SUDD ER BOARD or, REVENUE. 479 f © by demarcation or by khusreh, as he may think best, with reference to the nature Circular, No. 829. of the country and the number and size of the independent holdings. Demarcation of very small indepen- XIV. Should there be in a village not sub- dent muhals without khusreh. jected to khusreh, a few small independent muhals of such extent as not to admit of correct representation on the scale used for the demarcation, their positions shall be marked on the map by dots and numbers, thus, - 4. and plans of such patches, on an enlarged scale, shall be shewn on the margin of the village map, or on a separate sheet attached to the map, as may be convenient. Natural land-marks near boundaries. XV. All natural land-marks near the bound- ary lines will be introduced on the maps with correct bearing and distance. Where matural marks are wanting, so many artificial marks are to be erected as shall make the boundary easily traceable. It is expected that the thakbust maps will alone be a sufficient guide to the professional Surveyor. Should the professional Surveyor find the thakbust map inconsistent with the natural or the artificial boundary marks, Thakbust to be the Surveyor's guide. he will return the map for correction to the Su- perintendent, and either desist from the survey of the village till the map shall be returned corrected, or call on the Superintendent to send an Officer to explain the bdundary, as may be most conducive to the conduct of the survey. When the naturé of the country is such that boundaries cannot be demarcated, so as to be a sufficient guide for the professional Surveyor, the ameen who prepared the thak- Ameens to point out boundaries in a bust, or a peadah qualified for the task by per- difficult country. sonal ability and by attendance on the ameen when he prepared the map, shall attend the Surveyor to point out the boundaries to him. Jungle how to be demarcated. XVI. When a Superintendent or ameen em- ployed under him shall meet with jungle, the boundary shall be laid down by placing marks through the jungle, if that operation be practicable; if not, the jungle will be left to be surveyed as a separate block by the professional Officer. Expenses attending demarcation. XVII. Expense for cutting jungle and erecting boundary marks, will be allowed on the representation of the Superintendents. Khusreh, if practicable, to be completed XVIII. It will be the endeavour of the Su- before professional survey. perintendents to complete their operations com- nected with a village, whether khusreh or simple demarcation, before the profes- sional survey is commenced, in order that the khusreh may be checked by the professional survey; but if in consequence of the intficacy of the work, and the numerous khusreh measurements, delay of the survey becomes imminent, the Oct. S, 1850. —) Y 480 CIRCULAR ORDERs, Circular, No. S29. \- Oct. 8, 1850. —) external boundaries of the villages marked for khusreh shall be made over to the professional Surveyor, and the khusreh measurements by the Superintendent shall follow. e Professional Surveyors to plot Estates XIX. The Surveyors Will plot in their village from the thakbust plans without survey maps all the internal demarcations of the boun- daries of Estates which they find in the thrakbust maps.” It is of no consequence whatever that the different Estates should be entered on the maps with extreme exactness —provided the area be correct within a small percentage, and the position be so far correct as not to be inconsistent with the topographical features of the village, all that is necessary for revenue, statistical, and geographical purposes will And to return the work for correction, "be attained. Should the professional Surveyor should it be found inconsistent with the - ... • º Survey. find the internal work of the Superintendent irre- concilable with the results of his survey, he will return the village to the Superin- tendent for correction, pointing out the mistakes he has discovered. A village may be in part demarcated, and XX. It shall not be incumbent on a Superin- in part measured by khusreh. tendent to measure the whole of a village by khusreh, because he has found it necessary to adopt that process with a part. Though property may be so interlaced in a small part of a village as to defy demar- cation except by khusreh, the remainder may be all held under one or two Estates easily to be distinguished by simple demarcation. In such cases, the Superinten- dent will carry the operation of khusreh throughout the whole extent of the village, or confine it to a part, as he may consider advisable. XXI. To exemplify a case of this nature, the plot of a village held under four Estates A, B, C and D, is sketched below. The boundaries of the large blocks might easily be demarcated; but in the interlaced parts, khusreh would be unavoida- ble. The Superintendent will exercise his discretion in measuring the whole village by khusreh or not, guided by the relative extent of the large blocks and the inter- laced portion. Objection. There is one objection to this compound proceeding, to wit, that the Superintendent will obtain the areas of Estates partly from the survey, and partly from the khusreh made by himself, which may be productive of discrepancies and doubts. The Superintendent must carefully weigh the reasons for and against khusreh. The object of this Rule is to prevent the measuring of a village of 1000 acres by khusreh, merely because the boundaries of some holdings occupying 30 or 40 acres could not be otherwise ascertained. * This provision has since been modified. By orders issued to the Deputy Surveyor General in September, 1851, it is directed that henceforward the professional maps shall be a record of the geo- graphical and topographical features of villages, and that mullalwar details shall be depicted in the thakbust and khusreh maps of the Superintendents only. SUDDER BOARD OF, REVENUE. 48] Circular, No. 829. Oct. 8, 1850. |- -Y J & C / .//// N sº C IB - C Khusreh by scale and compass. XXII. # Khusreh measurements will be conducted by scale and compass, after the manner introduced by Capt. Thuillier in his survey of Jynteah in Sylhet, under the following Rules of guidance 1 to 11 communicated by Capt. Thuillier. 1st. The same method of defining each separate field as heretofore will be followed, taking care to commence from one end or corner of the village circuit, and so proceeding continuously and regularly. 2nd. If the village be a small one, it may be measured in one circuit, but if large, it must be divided off into three or four circuits, each containing on an aver- age from 150 to 200 acres. 3rd. The eacterior fields of each of these circuits or chucks, are first to be measured and laid down by means of a Bengalee surveying compass. For each field two bearings are taken, one for the length, the other for the breadth; with occa- sionally, here and there, for large fields, a diagonal bearing in addition as a better connecting link, and to ensure greater accuracy in the mapping. 4th. Each field extending round the boundary being thus obtained, the cir- cuit will be made to close within a trifling error; and the position of all such fields, l) 6 F 482 CIRCULAR ORDERS, Circular, No. 829, it will be evident, derive a very considerable degree of accuracy, as may be seen from Oct. 8, 1850. e g tº |- J Specimen A.* the plan No. I. which accompanies. Y 5th. On the satisfactory closing of the circuit, all the fields in the interior of it are taken up in the usual way by the chain only, without the aid of the compass, and being kept or compressed within these defined limits, the several fields fall into their proper places, and all excess measurements or the contrary are immediately proved. • , 6th. To secure the proper falling in of every field into its proper place, and so that a map may at any time be made from the khusreh missil, every separate measurement is recorded as lying to the north, south, east or west of the preceding one, and as starting from a certain point. Thus No. 2 field starts from the north- east corner of No. 1, and No. 3, from the south-east corner of No. 2, and so on— the corner starting point being invariably recorded in every instance. Without this precaution no map can be protracted by scale and compass. 7th. According to the old system, taking the measurements of two fields from the khusreh, and without the map as a guide, No. 1. their position might be laid down in either of the ways shewn in the margin, and thus the whole of the fields would fall into confusion, and defy reduction to paper without again going to the locality. * 8th. The bearings as taken with the compass No. 2. can be plotted by means of the paper protractor O in the vernacular, as described for the thakbust. In the first instance, the circuit and the interior measurements should be plotted separately as shewn in plan No. I., and after all the errors and discrepancies are corrected, the whole may be put together, coloured, and finished, as in the fair spe- Specimen B.f cimen No. II. Each circuit appertaining to the village being completed in a similar way, the contour of the whole may be compared with the professional map. 9th. The scale used for this operation should be regulated according to the value of the local beegah, and in due proportion with the professional scale. For the Bengal surveys, the scale as described for the thakbust, should be employed, viz. 330 feet to the inch, or 16 inches to the mile. 10th. The advantages of this system of native measurement are, First.—The admirable check and comparison afforded, and consequent superior accuracy of the work. * This will be found annexed to C. O. 26th December, 1850, No. 81, where it forms Appendix No. 24. f This will be found annexed to the Board’s Circular of 26th December, 1850, No. 81, where it forms Appendix No 25. O & SUDDER BOARD OF REVENUE. 483 O - Second–The ability of any second or third party ignorant of the locality, and without connivance of the measuring ameens and help of any sketch or map, to produce a fair protraction from the missil or file. Third–The thorough insight thereby given to the voluminous khusreh missil, and immediate detection of all errors, clerical or venal. Fourth-The great benefit to the Surveyor or Superintending Officer, who thus obtains the utmost confidence in his work, and is saved infinite trouble, annoyance and doubt. e Fifth-The value to the Government in possessing a really useful and perma- ment record, combining the qualities of the professional map, with the addition of the minutest detailed specifications of property in the village, fit for every purpose, both fiscal and judicial. s O Sirth.-Its comparative inexpensive cost, when viewed with the lasting value of its results. - 11th. The mode of registering these measurements is fully shewn in the extract from the khusreh chittahºº which accompanies. Field khusreh not necessary, if conti- XXIII. But the Superintendents will bear guous fields belong to the same Estate. in mind, that a field khusreh is not necessary Note. The term “field” is here used º - in its commonest acceptation, i. e. a piece for any purpose connected with the present ope- f land of - hape, enclosed, e e º ..",".. ...","...º. rations. When property is so interlaced that marked so as to be distinguishable from the neighbouring land. contiguous fields are held under different Estates, the khusreh must necessarily be a field khusreh; but when several contiguous fields belong to one Estate, there is no reason why, if it be convenient, they should not be measured and mapped as one block; and it is not necessary that the plan hitherto observed in all khusreh measurements of measuring each field in three places, and takfing the mean for length and for breadth, should never be departed contents may be found by trigonome from. Should the Sperintendent or his subordi- try, if Superintendent prefer it. mates find it more convenient, the contents of fields, or of blocks containing several fields, may be found by trigonometry and offsets. Superintendents to test the work. XXIV. The Superintendent will himself occa- sionally test the accuracy of the khusreh measurements, not with reference to accu- racy of one only, but also satisfy himself that the allotment of the land to the several Estates under which it is held, has been carefully conducted. It must be constantly borne in mind that on the accuracy of the khusreh measurement, the successful application of Act IX. of 1847 entirely depends. The assistance of the parties interested in the measurement should be sought by the most conciliatory conduct. If practicable, they should be induced to make themselves acquainted with the contents of the thakbust and khusreh plans, and to prepare counterparts Landholders allowed to take counter- of the ameen's sketches as they proceed. For parts of plans and maps. this purpose, every opportunity consistent with * This, is also one of the accompaniments of the Board's Circular containing Rules for settle- ments, No. 81, dated 26th December, 1850, where it forms Appendix No. 26. * Circular, No. 829. Oct. 8, 1850. -— -Y- —J 484 CIRCULAR ORDERS, Circular, No. 829. \– Oct. 8, 1850. Y- O the due progress of the work should be afforded. When convinced of its correctness, not by the affirmation of the ameen only, but by means of their own intelligent Signatures of landholders to thakbust apprehension, they will gladly attest a document and khusreh plans. which secures their possession; and there cannot be more satisfactory proof of the correctness of a plan than the recorded acquies- cence in its correctness of all those whose interests may be affected by its contents. Those concerned should always be called upon to sign the thakbusts and khusrehs in which they are interested, or to state in writing their objections. Two copies of all khusreh maps to be xxv. The khusreh maps will be prepared made. ... on English paper, and of each khusreh map two copies will be made, one copy to be forwarded to the Collector, and another copy to be forwarded to the Sudder Board of Revenue. The original will remain in the office of the Superintendent. If too large for books, the copies for the Col- lector and the Board will, as Pergunnahs are completed, be forwarded to those offices in rolls, to be carefully preserved in suitable presses. Of the villages merely And two copies of thakbust maps. demarcated and not subjected to khusreh, two copies of the thakbust map will be made, one for the use of the Surveyor, and the other to be deposited in the Collector’s office. The originals will remain in the office of the Superintendent. The thakbust maps will be prepared on good, strong, coun- try paper. Annexed are, Pattern thakbust plan, Specimen C.” First.—A pattern thakbust plan with all the information required by the professional Surveyor. It is necessary that this should be carefully translated into Bengalee, and attentively studied by the ameens, each of whom should be required to make a copy for his own use and guidance without delay. Pattern khusreh, Specimens D. and E. Second.—Patterm khusreh plan aft extract from chittah. Of these also each ameen will immediately make a copy for his own use and guidance. Paper protractors, Specimen F. Third.—Paper protractors in the vernacular. They will be useful for teaching the ameens how to lay down bearings simply with a parallel ruler. The sheet of paper is sufficiently large for a plan to be described on it. Establishment. XXVI. The establishment of each Superinten- dent for combined thakbust and khusreh will be as follows: 2 Deputy Collectors. 6 Peshkars, (2) 40 Rs. each per mensem. 60 Ameens.j. 1 Moonshee on the ministerial establishment for the charge of the khusreh missils, (2) 25 Rs. per mensem. * This is identical with appendices Nos. 16 and 17 of C. O. 26th December, 1850, No. 81, Q. V. t This is identical with appendix No. 26 of C. O. 26th December, 1850, q.v. # Ameens are to plot their own work, or, some of them may be trained as nuksha shuveeses— C. O. 15th November, 1850, No. 187. SUDDER BOARD OF, T.EVENUE. 485 O XXVII. The ameems during the six months of the working season to receive 16 Rs. per mensem, and during the six months of the recess, 8 Rs. per mensem. Boundary marks to be preserved by XXVIII. When the boundary marks of a zemindars. village shall have been erected, the peshkars shall call on the Zemindars of the conterminous muhals whose property has been marked, Sections 8 and 32 of North-Western for a “ supurdmamah” agreeing to be answerable Rules. for them till the professional survey shall have been completed: any party refusing to give the “supurdnamah,” will be proceeded against and fined for obstructing the survey. Boundary marks 3 feet high. XXIX. The ordinary boundary marks shall Sec. 24 of North-western Rules. be small oblong mounds about 3 feet high, thrown up with the spade, but where these boundaries meet, a taller pillar shall be erected. District boundaries. XXX. In order to obviate the difficulties and delays caused by the assumption of discrepant boundaries for adjoining Districts by different survey parties, the Surveyor who first surveys a boundary common to two Districts, shall immediately transmit a sketch of the same to the adjoining Surveyor; and in like manner, the Superintendent of the survey shall send to the adjoining Superintendent, a copy of the thakbust missil and sketch map of every village on the exterior side of the District ; and the adjoining Superintendent shall on no account enter into any enquiry as to the correctness of the boundary first laid down, but shall follow it strictly, unless it be inconsistent with the topographical features of the country, in which case he will report for orders. - Efiglish language to be used in corre- xxxi. The English language shall be the spondence. sole medium of communication between the Sec. 43 of North-Western Rules. € European Officers of the revenue and survey departments. e tº 3 & XXXII. The Superintendent shall at all times Superintendent to maintain a good ſº ë g understanding with Surveyor. furnish any information sought by the Revenue Sections 45 and 47 of N. W. Rules. - tº Surveyor as to the progress made in the demar- cation of boundaries, and will at all times maintain a conciliatory and cordial com- munication with the surveying Officer. Any departure from this course will be immediately reported to the Government. Circular, No. 829. Oct. 8, 1850. -Y- —) < ; º Wajibul urz, or statement of the interior detail of Mouza Kismut Putly Kappa, Pergunnah Arsha, District Hoogly, and Srotree- battee, Pergunnah Haveleshur, District 24 Pergunnahs. Detached lands transferred to Number of Name of Name of Pergun- Number and ||Name of registered proprietor and of Numbers of Name of village —- thakbust. Mouza. Inah and District.| name of Muhal. present holder. chucks, and º d Number and namel Number of y Nos. of thakbust. of Muhal. chucks. Q 58 Kismut Putty Pergunnah Ar- || No. 468, Tur- | Poleen Beharee Sen, residing at Ten- |No. 15, and No. 42, Nundun- | No. 1193, Kis- || 4 chucks, Kappa. sha, District ruff Sham- gooa ; Kandee Putneedar, Sudda- remainder of hattee, Pergun- || mut Haveleshnr. Nos. 7, 9, 11 Hoogly. nuggur, Dis- seeb Sircar, Bistochunder Sircar, village. mah Haveleshur. and 12. trict Nuddea. residing at Kistonuggur. Ditto. Ditto. No. 663, Kis- || Gourhurry and Juggutchunder Moo- 5 Chucks Nos. No. 55, Putty No. 875, Kismut | 1 chuck, mut Putty kopadeah, residing at Koomarhatta | 1, 2, 3, 4 and Kappa, Pergun- Arsha, district No. 13. Kappa and | Dukulkar, Jadubchunder Mooko- 8. mah Arsha, dis- Hoogly. Pergh. Have- padeah and residing at Komarhatta. trict Hoogly. leshur. Srotreebattee. Pergunnah Ha- | No. 527, Sro- Teeluckram Mookopadeah, residing 3 Chucks Nos. No. 54, Joykish- | No. 432, Kismut | 1 chuck, veleshur, Dis- treebuttee. at Komarhatta dukulkar ; Isser- 5, 6 and 10. empore, Pergun- Joykishenpore. No. 14. trict 24 Per- - chunder Mookopadeah, residing at mah Haveleshur. gunnahs. IGomarhatta. O Q © º wº e ge t (Signed) Examined in Superintendent’s Office. (Signed) Deputy Collector. Civil Superintendent. # § agº aſs, - - Q - irst sº- ºpºſ s }, Z) º, Rºst ñº TGT $US3AK! \5Tºtt - - 7 N lº ºft's aſ tººſa º *** TºGº ‘ātataſº, Güg 34tſº *[XTET ºfºr Jºſ(F- - ººº-º-º: * º ſº tº a tºtaºa HTC3T GITI & 2. 5tfit - > - *2. - =; §§§ gifts stºrs | | br *}. *UTI Sºtº Hºbº TRT 38&ſº \ºtrºttiſºn 2. - Liº" Rºsſ L_ * | * - ×3&ºals tº ºustº art lº >33- Mºlsº 8 º -- - º, whº º º |3 g So a TET - Rºsºls Cºl *Assiſsi- Gy: - - |||||||| vo - Tºs - 1. &f=gs Sºssassissiºnal T g 22. * | *s rº- */ beiºsis-os-21xxarurºaxitºr- - ... *r- | | | | - yb- && &* ſº - - I wº v 8 vo (?-) >dº |32 - * | 29 || > |x. 8% º & - - Rb R - (re 83 || 3-5 s - 3 × Nº a 3-) 30: 8° 2. * - 8-9 ---> Nº. 2 - º º - - - - 2” - • * G. N. ×53 Nº 1. ... Nº ~ * .. *** Nº. 2. > x0. ..., N., \,: º \ - *... Tº sº. *** \ \ 3. - > --> | >> & >>> . > * * (3– - |- (~7 | * 2 N T. Black, a ºn at-e Tºtº Press calcaº-ta - - == F º gº nº ºr ºs º-rººms- _ SUDDER BOARD OF REVENUE. 487 NO. DCCCXXX. TO THE COMMISSIONERS OF REVENUE. October 8, 1850.—No. 66. o I AM directed by the Sudder Board of Revenue to transmit to you, for the information and observance of the Collectors of your Division, a copy of 1. Secretary to the Government of the papers specified in the margin, and to India in the Military Department, to the Secretary to the Government of Bengal, No. 85, º *...*. lº. president you will remind the Collectors that vast * Nº. 18% ºf ºu Aº interests may depend on the correctness of 3. Joint Deputy Commissary General, the price currents to ick they relate, an to Colonel Benson, No. 6937, dated 19th . p C S whicle y ale, d November, 1849. it consequently behoves them to bestow great care in their preparation. 2. You will also direct their particular attention to the 2nd para. of Major Wyllie's letter, dated the 6th ultimo, No. 85. request that in communicating the orders, FROM THE OFFICIATING SECRETARY TO THE GOVERNMENT OF INDIA, MILITARY DEPARTMENT, TO THE SECRETARY TO THE GOVERNMENT OF BENGAL. - No. 85, dated 6th September, 1850. I am directed to transmit the accompanying copy of a despatch from the Military Board, Commissariat Department, No. 1184, dated the 13th ultimo, and of No. 830. MISC. DEPT. Preparation of price currents. my reply thereto, No. 84, of this date, and to request that the Hon’ble the Deputy O Governor may be moved to cause the civil Officers in Bengal to be instructed to fill in and sign the price currents of gomashtas passing through their stations, as proposed by the Military Board. 2. I am to observe that the rates of such articles only as may be indicated by the gomashtas should be filled in, the others being effaced as a precaution against fraud. FROM THE MILITARY BOARD, TO THE HON’BLE THE PRESIDENT OF THE COUNCIL OF INDIA IN COUNCIL. No. 1184, dated 13th August, 1850. Commissariat Department. We do ourselves the honor to submit for the considera- tion of your Honor in Council, the annexed copy of a correspondence noted in the Joint Deputy Commissary General's ori biect of the measures proposed letter, No. 6937, of the 19th November, margin, On the su J • * e prop -> išāg, to the address of Colonel Benson, to be taken for obtaining price currents of Dis- C. B. - - * e s - º secretary Military Board's reply, No. tricts from the civil Authorities, for the purpose 2956, of the 21st January, 1850. ... of more effectually controlling the charges of de- Joint Deputy Commissary General's 488 CIRCULAR ORDERS, Circular, No. 830. lººr, No. 1196, dated the 16th April, partméntal agents when proceeding with detach- Oct. 8, 1850. \- Y J "sº, Military Board's reply, No. ments of troops or other command duties. :*:::: º: ; y 5. . 2. Under the authority of Government com- *...*... e. g.º.d, municated in Officiating Secretary Major Wyllie's puty Uommissary Ure letter, No. 1495, of the 5th July, 1850. letter No. 328, of the 21st July, 1849, our Board obtain from Collectors of Districts, quarterly price currents, but the Joint Deputy Commissary General having suggested the expediency of procuring also authentic price currents of large towns, in Districts in which the command gomashta's charges have been incurred, and as there can be no quêstion of the great utility of such documents, we requested Major Ramsay to prepare a form for general adoption, and which form is now being lithographed. 3. In checking the charges of mative agents on command, it is proposed to take the prices of articles at stations where there may be civil functionaries accord- ing to these price currents, and to deduce from them general averages by which the rates of agents shall be tested, and the examination or adjustment of their accounts thereby greatly facilitated. Almost all the Executive Officers consulted by Major Ramsay concur in the opinion that the adoption of this system will be equally fair to Government and to the agents, while the price currents now furnished by go- mashtas under the signature of the native officials in charge of village bazars in support of their charges are utterly valueless, and that it will thus be an additional security to the State against loss. 4. In reporting the arrangement for the approval and sanction of your Honor in Council, we respectfully solicit that the Governments of Bengal, and of the North Western Provinces, and the Board of Administration for the affairs of the Punjaub, may be requested to instruct the civil Authorities subordinate to them to comply with the applications of gomashtas for the insertion of the rates in the printed forms when presented to them for that purpose. We beg to notice that it would be necessary to fill in the rates of such articles only as may be indicated by gomashtas, the others being obliterated as a precaution against fraudulent entries. 5. It is of importance that the position of the parties signing these documents should be such as to give weight and authority to such vouchers, and we solicit information as to the grades of the officials under each Government to whom it may be determined to entrust this duty. 6. The Joint Deputy Commissary General proposes that the civil Authorities be applied to, only when there may be no Commissariat Officer or Superintendent of Bazar at the station; but that when one or other of these Officers is present, the document should be authenticated by him; and on this point, a difference of opinion exists among the members of our Board. The majority concur with Major Ramsay for the reasons assigned by him, and would observe with reference to the objection of their colleague, that the Superintendents of Bazars are generally unconnected with the Commissariat Department, and it would in every respect be more conve- nient to apply to them in preference to resorting to the civil Authorities, who SUDDIER BOARD OF REVENUE. 489 0 3 usually reside at a considerable distance from the encamping ground of the troops. Circular, No. 830. The majority of our Board would further remark that it is by price currents attested U Oct. 8, 1850, by Superintendents of Bazars that the charges of Executive Officers themselves are checked, and any objection made to statements of rates so attested, submitted by command gomashtas, would be equally applicable to the price current of the same kind furnished by Executive Officers. , * 7. Lieutenant-Colonel Mactier desires to record his opinion, that it would be fairer and more conducive to the interests of Government, if the price currents instead of being signed by a Commissariat Officer (on whose charges they are intended to serve as a check) or Superintendent of Bazars, were authenticated by the civil functionaries at sudder stations, who are altogether unconnected with the De- partment. • & D FROM THE JOINT DEPUTY COMMISSARY GENERAL TO COLONEL R. BENSON, C. B. MEMBER OF THE MILITARY BOARD, WITH THE MOST NOBLE THE GOVERNOR GENERAL. No. 6937, dated 19th November, 1849. With reference to the annexed extract of Secretary Military Board’s letter, No. 1668, dated 4th ultimo, requiring quarterly price currents to be obtained from Collectors, (the instructions conveyed in which have been duly attended to) I do myself the honor to submit for the consideration of the Most Noble the Governor General, the following suggestion, which would be attended with infinitely greater benefit to Government, and be the means of saving vast amounts. y 2. The proposed quarterly price currents will be of comparatively little or no use beyond gonfirming those already rendered through the Commissariat, the majority of which are furnished by Collectors, while all are furnished either by civil Authorities or by Superintendents of Bazars. It is the price currents of the District routes by which the accounts of hundreds of Commissariat gomashtas are annually settled, that are most essential and necessary. 3. The “merick namahs” or price currents furnishcd by the civil mative subordinates to our gomashtas traversing the country from Peshawur to Calcutta, are, as vouchers, not worth the paper on which they are written, yet while the practice prevails of demanding such documents in support of charges, they must be received as valid although known to be false. 4. A form should be fixed on, to be filled up by every civil subordinate when called upon to do so by a Commissariat servant. It should be prepared in both . Hindee and Persian to prevent any excuses, and civil Officers should also be required to warn their subordinates that punishment would follow any disobedience of orders, quoting fictitious rates, or furnishing “merick mamahs” with erasures, &c. 5. The weight throughout the country should be assimilated by an order of Government; no deviation should be permitted under pains and penalties. 6 H 490 CIRCULAR ORDERs, Circular, No. 830. Oct. 8, 1850. \ Y No. 831. Misc. DEPT. No Assistant to receive full powers of Joint Magistrate and Deputy Col- lector till he shall have passed an exa- Imlnation. 6. These are points of real importance unconnected with remedies for the J plundering that now obtains, and which is beyond the reach of the Executive Commissariat to check or suppress. A stringent Regulation should be obtained on these heads. No. DCCCXXXI. To THE COMMISSIONERS OF REVENUE. October 15, 1850–No. 67. WITH reference to their Circular Orders dated the 15th February last, No. 12, on the subject of the examination of Assistants, I am directed by the Sudder Board of Revenue to transmit for the information and guidance of Paras. 2, 3 and 4. yourself and your subordinates, the annexed extract from the orders of Government, No. 887, dated the 19th ultimo, from which you will perceive that his Honor the Deputy Governor has resolved to consider no Assistant qualified to receive the full powers of a Joint Magistrate and Deputy Collector, until he shall have passed with credit the examination ordered to be held by the Circular Orders above referred to. EXTRACT FROM A LETTER FROM THE SECRETARY TO THE GOVERN- MENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. - Dated the 19th September, 1850, No. 887. Q 2. The Government has come to the conclusion that the full powers of Joint Magistrate and Deputy Collector, which impose on the possessor very responsible duties, and involve an increase of salary, had been conferred on Assistants, generally speaking, too early after leaving College, and often without sufficient assurance of the young Officer's fitness to exercise them. For that reason the Bengal Govern- ment, for some little time back, has abstained from granting full powers at a very early stage of an Assistant’s official career. 3. It is in contemplation to establish systematically such an examination of young Assistants, after they have been a sufficient time in subordinate official employment, as shall test practically their ability to conduct the business both of a Collector and of a Magistrate with thorough efficiency, before they will be considered capable of being vested with the powers of those offices. . 4. In the mean time, I am' directed to inform the Board, that the Deputy Governor has resolved to consider mo Assistant qualified to receive full powers, until he shall have passed with credit, the examination which the Sudder Board intimated in their letter of 15th February that they had directed Commissioners to hold. SUDDER BOARD OF RIEVENUE. 49 I 6 } NO. DCCCXXXII. TO THE COMMISSIONERS OF REVENUE. October 29, 1850.—No. 68. º T AM directed by the Sudder Board of Revenue to transmit for the in- formation and guidance of yourself and your subordinates, a copy of the orders of Government, dated the 3rd instant, No. 940, authorizing Collectors in future to submit indents for such instruments as thermometers and plu- viometers direct to the Military Board, and to make applications for repairs direct to the Superintendent of the Mathematical Instrument-maker's De- jº partment. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 940, dated the 3rd October, 1850. I am directed by the Deputy Governor of Bengal to acknowledge the receipt of your letter No. 424, dated the 24th ultimo, and to inform you that his Honor has been pleased, on the Board’s recommendation, to authorize the Collectors of Revenue, in future, to submit their indents for such instruments as thermometers and pluviometers direct to the Military Board; and to make all applications for repairs direct to the Superintendent of the Mathematical Instrument-maker's Department, instead of through the present circuitous process. 2. The necessary instructions have been issued to the Military Board. .) No. DCCCXXXIII. TO THE COMMISSIONERS OF REVENUE. November 12, 1850.—No. 69. By paragraphs 11th and 12th of the Sudder Board of Revenue's Circular Order dated the 17th July, 1849, No. 29, you were directed to forward annually in all June, the “Explanatory Arrangement of balances,” and in all August, the bukya Towjees for the 1st quarter, for each District, as received. 2. Practice has shewn that convenience will be consulted, and useful comparison furthered, by the submission of these statements together instead of separately ; and it is desirable that when a Collector's explanations are No. 832. Misc. DEPT. Requisitions for thermometers and pluviometers to be sent direct to Mi- litary Board, and for repair of in- struments to Su- perintendent of Mathematical In- strument-maker’s Department. No. 833. Misc. DEPT. Annual Explana- tory Arrangement of balances, and 1st quarterly bu- kya Towjees to be forwarded together in all August, with explanations of ba- lances. 492 CIRCULAR ORDERS, Circular, No. 833. Nov. 12, 1850. \- J -Y- No. 834. Misc. DEPT. Persons dismiss- , ed from one de- partment of the public service, not ‘to be re-employed in another. Q not intelligible or are incomplete, further information should be procured before the statements are forwarded to the Board. 3. I am therefore desired by the Board to request that, in future, you will be good, enough to keep the “Explanatory Arrangement of balance” statements until the receipt of the Towjees for the first quarter, and then forward all together: the statements for each District, with your orders thereon, being tied up separately and docketed. 4. Should further explanation of the balances of any District be con- sidered necessary, you will procure it from the Collector before forwarding the statements to the Board. NO. DCCCXXXIV. TO THE COMMISSIONERS OF REVENUE. November 12, 1850–No. 70. * ſ I AM directed by the Sudder Board of Revenue to transmit for your information and guidance and that of your subordinates, the annexed extract para. 19, from a despatch from the Honorable the Court of Directors, dated the 10th July last, No. 27, prohibiting the re-employment of persons dismissed from one department of the public service, in any other department. . 2. You will be pleased to cause these orders to be extensively cir- culated. EXTRACT FROM A DESPATCH FROM THE HON’BLE THE COURT OF DIRECTORS, ADDRESSED TO THE GOVERNMENT OF INDIA, IN THE FINANCIAL DEPARTMENT. No. 27, of 1850, dated the 10th July. 19. We consider it so injurious to the service, that men who have been dis- missed for misconduct from one department should be considered eligible for re-employment in any other department, that we must entirely discountenance such a practice. It is a wholesome check upon negligence and dishonesty, for the servants of Government clearly to understand that probity and diligence are the only means of retaining employment under Government. Q\ SUD DER BOARD OF RIEVENUE. 493 } NO. DCCCXXXV. TO THE COMMISSIONERS OF REVENUE. November 12, 1850.-No. 71. Two of the Officers subordinate to the Board having interpreted the orders contained in the 15th para. of their Circular No. 22, dated the 15th June, 1849, regarding the arrangement of Collectorate records, as intended to inculcate a call on all landholders for all the particulars of their estates enumerated in Clause 5, Section 7, Regulation XLVIII. of 1793, I am desired to intimate that such was not the Board's intention. 2. As distinctly declared in the Circular, all intended is that the arrears of mutations, which it is known exist in many offices, should be brought up ; that is, that the mutations ordered should be made. If in any District there is no Register whatever of this description, which the Board cannot suppose to be the case, reference should be made for specific instruc- £10m.S. NO. DCCCXXXVI. j TO THE COMMISSIONERS OF REVENUE.” November 15, 1850.-No. 187. | AM directed by the Sudder Board of Revenue to forward herewith for communication to the Superintendent of Survey, a copy of the correspondence noted on the margin, relative to the means of pro- From Officiating Commissioner of Dacca, dated the 22nd ultimo, No. 404. To Officiating Commissioner of this day. viding for the plotting of the work of the ameens. FROM THE OFFICIATING COMMISSIONER OF DACCA, TO THE SUDDER BOARD OF REVENUE. No. 404, dated 22nd October, 1850. In the establishment of Superintendent of Survey, sanctioned by the 26th para. of your revised Rules for thakbust and khusreh measurements, received with your Secretary’s letter of the 8th instant, No. 334, I do not observe any “nuksha nuveeses” entered. This leads me to inquire whether the ameems are expected to plot out their own work, whether thakbust or khusreh. * The issue of this Circular was restricted to the Commissioners of Bhaugulpore, Moorshedabad and Jessore, where, as well as in Dacca, surveys were in progress. No. 835. Misc. DEPT. Instructions in para. 15 of C. O. 15th Jume, 1849, No. 22, explaimed not to be intended to enjoin calls upon landholders for the particulars of their estates specified in Cl. 5, Section 7, Reg. XLVIII. of 1793. No. 836. MISC. DEPT. Means of pro- viding for the plot- ting of the work of ameems under the new thakbust and khusreh Rules. 6 I 494 CIRCULAR ORDERS, Circular, No. 836. Nov. 15, 1850. J Y- U No. 837. Misc. DEPT. Memorandum of date of sale and date of appeal to be prepared in cases of appeal to Commissioners, for the purpose of guarding against interference with sales when the pre- scribed term of ap- peal has expired. 2. It was an essential part of the admirable system introduced by Captain Fisher, and perfected under Lieut. Thuillier in Sylhet, that the business of plotting should be done by a distinct Officer (a nuksha nuvees) under the eye of the head of the office. ” 3. This ensured the neatness of the plans and materially secured the accuracy of the measurement, for the work could not be “fudged” without the commivance of the nuksha muvees with the ameen, and this was the more difficult as the nuksha nuveeses (one to a certain number of ameens) were under the constant and vigilant eye of the Surveyor. 4. If each of the 60 ameens is to plot out his own work, I apprehend that it will not be very accurately or neatly done, certainly not equal to the invaluable plans of Jyntea and Cachar. The addition of nuksha muveeses to the establishment would be rather a saving than an expense, for the division thereby effected of labour would render each more expert in his particular metier, and the time spent by the ameen in plotting out his work would be occupied in measuring:—may I solicit the favour of your consulting Captain Thuillier on this subject. FROM THE SECRETARY TO THE SUDDER BOARD OF REVENUE, TO THE OFFICIATING COMMISSIONER, OF REVENUE FOR THE DIVISION OF DACCA. No. 375, dated 15th November, 1850. In reply to your letter of the 22nd ultimo, No. 404, I am directed by the Sudder Board of Revenue to communicate, that it may be left to the discretion of the Superintendent to employ all his ameens as measurers, and to make them plot O their own work, or to train some of them as nuksha nuveeses, to plot the work done by them. - O NO. DCCCXXXVII. TO THE COMMISSIONERS OF REVENUE. November 22, 1850.-No. 72. AN instance having come to the knowledge of the Sudder Board of Re- venue, of a Commissioner interfering to reverse a sale, notwithstanding no appeal had been preferred within either of the periods prescribed by Section 17, Act I. of 1845, and the reversal of a sale under such circumstances being calculated to lead to very embarrassing results, the Board are pleased to direct that Commissioners shall always in cases of appeals against sales, cause a memorandum to be placed before them, shewing the date of the sale, and the date on which the appeal was preferred to the Collector, or the Commissioner, as the case may be. SUDDER BoARD, OP REVENUE. 495 NO. DCCCXXXVIII. TO THE COMMISSIONERS OF REVENUE. November 19, 1850—No. 73. I AM directed by the Sudder Board of Revenue to forward for the infor- mation and guidance of Revenue Officers generally, the annexed copy of a series of Rules for the management of muhals held khas, and for summary settlements. RULES For the management of khas muhals, i. e., muhals, the rents of which are collected by the Officers of Government; and for summary settlements, pending a regular settlement under the provisions of Regulation VII. of 1822. 1st. Although khas management is now avoided as much as possible, ex- perience shews that it cannot be avoided altogether. Farms lapse. Estates are purchased by the Government. In each District, there are some Muhals managed khas ; and it is desirable, therefore, that general rules should be laid down for the management of such Muhals. The Board are aware that some of the Officers under them require no instructions; but a Manual, which the inexperienced may consult, appears to be much wanted. Precise and strict rules of procedure cannot be prescribed, as the details must in some measure vary according to the situation and circumstances of the property to be administered; the following rules, therefore, will be found more to point out principles than to convey definite instructions. 2nd. On an Estate coming into the possession of the Government by purchase NotE. Should a boundary be disput- ed, and the land claimed by the Go- vernment Officer as Government property be in the possession of another party, all the Government Officer can do, is to mark the boundary where undisputed, and where disputed, to mark the line admitted and the line claimed, collecting at the same time all the evidence available in support of the claim, in order to its assertion, if deemed expedient, in a Court of Justice. Sudder Board to Commissioner of Chittagong, 16th October, 1838. NotE. i. e. a list of rent-payers, with the amount for which each is liable. or escheat, the first care in Districts not yet surveyed, should be definition of boundaries and ascertainment of what lands or villages the Bstate consists of, and a jummabundee should then be prepared with the least practicable delay, that is, the sum to be demanded from each tenant, should be adjusted and recorded. 3rd. Collections without a jummabundee are an unfailing source of oppression and fraud. 4th. In order to the immediate preparation of a jummabundee, expense should Not E. Of course it is not expected that the 10 per cent. on collections should cover the expense of such proceedings. The Board will always gladly allow an increase, if assured that it will be well expended. dee of which is incomplete. not be spared. A small establishment will manage a muhal when a complete jummabundee has been prepared. A large establishment can- not give satisfaction in a muhal the jummabun- No. 838. MISC. DEPT. Rules for man- agement of muhals held khas, and for summary settle- mentS. D Definition of boun- daries. sº Breparation of jummabundee. 496 CIRCULAR oRDERs, Circular, No. 838. Nov. 19, 1850. \ J Sudden changes of system to be avoided. Money payments desirable. Payments in kind admissible. Changes to be in- troduced carefully. Jumma paid by frºiddle-men to be upheld. Jumma of middle- men how to be as- certained. Security not to be indiscriminately de- manded. 5th. The nature of this jummabundee must depend on the system of manage- ment which may have existed in the Estate previous to its occupation by the Government. All sudden changes in the system, though unattended with injustice to any party, should be carefully avoided. To find themselves on a sudden imme- diately in contact with Government officials, must of itself, generally speaking, be unwelcome to the temantry: continuance of the system to which they have been accustomed, will be agreeable to them. When under the former proprietor rent may have been received in kind, the utmost circtumspection will be required on the part of the Officer in charge of the muhal in commuting such payments for cash. Some sacrifice must be submitted to. If the cultivators are so poor and ignorant that they will not agree to any terms except payment in kind, or if not actually in kind, payment in proportion to produce, however objectionable the system, it must not be violently and inconsiderately set aside. But the nearest practicable approach to a fixed money payment should be introduced, and as enjoined in Section 57, Regulation VIII. of 1793, the rate and terms of payment and proportion of crop to be delivered, with every condition, should be clearly specified. 6th. Whether the former possessor’s management was “ hustabood,” that is, without the intervention of any middle-man of any denomination between himself and the actual cultivators, or with the intervention of putmeedars, or talookdars, or surburakars, or howaladars, or mokuddums, maintenance of the system existing should be the rule, even should much diversity of management be found, parts being hustabood, parts held by tehsildars, parts by farmers: the immediate introduction of uniformity should on no account be attempted; full enquiry may shew ample reasons for the apparent incongruities. () 7th. Should a muhal be held entirely by middle-men, it will suffice if the introductory jummabundee shew the jumma to be paid by each, without any interference between the middle-men and their tenants, or any attempt to ascertain the exact extent of their incomes; unless there be good reason to suspect fraud, the jumma paid by each of the middle-men for the past year, whether he be a talook- dar, or a mere tenant-at-will, should be the jumma for the first year of the Govern- ment occupation. Any loss occasioned by allowing tenants-at-will to hold for a year at a less jumma than might be demanded from them, will be more than compensated for, by the confidence which the immediate adjustment of responsibili- ties is certain to produce. 8th. The amount of jumma actually paid by the middle-men during the past year, must be ascertained by procuring the papers of the last occupant of the Zemindaree, by summoning and examining canoomgoes and putwarrees, where such Officers exist, and by summoning the middle-men themselves. Rules for guidance will be found in Clause 4, Section 23, Regulation VII. of 1799, Section 10, Regula- tion I. of 1801, and Sections 22 and 31, Regulation XII, of 1817. 9th, Though some of the middle-men may be liable to a demand of security, it is not desirable, as a rule, to begin by making an indiscriminate demand of SUDDER BOARD OF REVENUE. 497 ſº security from all. If they held without security under the late occupant, the fact should be accepted as primá facie evidence of trustworthiness. At a subsequent period, should circumstances shew security to be necessary, it can be demanded from such as have proved unsubstantial. &e 10th. If a muhal has, previous to the occupation of the Government, been held “ hustabood” wholly or in part, wherever such management has prevailed, a ryotwarree jummabundee must be prepared. However numerous and however small the holdings, the sum to be paid by each tenant must be forth with settled. In this case also the first endeavour should be to ascertain the jumma each person paid for the preceding year; that should be assumed as the foundation to work upon, liable to increase or decrease, according to the just claims, means, and wishes of the tenants. An establishment strong enough to prepare such a jummabundee of the whole Muhal in a few weeks should be appointed. The muhal, if extensive, should be divided into compact “hoodahs,” or allotments, to each of which an ameen should be deputed. All the ameens should be placed under a Deputy Collector, or if a Deputy Collector is not available, under an efficient Officer entertained for the express purpose of superintending the preparation of the jummabundee. Expense incurred in the timely preparation of a correct rent-roll, will be amply compensated for by the increased collections, and by the power which a correct jummabundee gives a Collector over his subordinates employed in the collection of rents. With- out a correct jummabundee there can be no check to unlimited malversation. 11th. There should be an interchange of pottahs and cubooleuts with every tenant, to hold good for the current year, and till a more detailed enquiry and adjustment can be completed. It is not intended that pottahs should be forced on the tenants, but if the jummabundee is fair, talookdars and ryots are seldom unwilling to have the protection of written engagements. 12th. This jummabundee having been completed, and the establishment Note. Of course these instructions reduced to the strength required for the duty of *.*.*.*.*.*.*.*.* collecting the rents, the Collector or Officer in and assess an Estate under Regulation VII. of 1822. An operation of that description charge of the muhal, should, at his leisure, com- obviates the necessity of the preparation of & e g any other than the introductory jumma- mence the preparation, village by village, of a more ... ..."..."... complete and trustworthy jummabundee. available. 13th. The boundaries of each village, and the capabilities of each, the nature of the soil, liability to inundation, drought, and any other local peculiarities, favorable or unfavorable to agricultural improvement, should be ascertained by enquiry on the spot and noted. 14th. The prevalent rates should be ascertained and recorded, with the under- standing that they will be regarded as a general guide only in framing the jumma- bundee,_and that increase or decrease, should any peculiar circumstances call for it, will be made in the assessment. 15th. The Officers entrusted with the duty should then proceed to compare the intröductory jummabundee with the 'lands actually in each ryot's possession, Circular, No. 838. Nov. 19, 1850. \ J —y- |Byotwarree jum- mabundee to be pre- pared when man- agement has been ryotwarree. Pottahs and cu- booleuts to be inter- changed. Enquiries previ- Ous to preparation of complete jumma- bundee. Prevalent rates to be ascertained. 6 K 498 CIRCULAR ORDERS, Circular, No. 838. Nov. 19, 1850. \ J - Y Disputes to be adjusted by arbitra- tion. Claims to reduc- tions to be heard. Rhoodkasht and kudeemee ryots. Talookdars hold- ing at fixed rents. O both as to quantity and sort, and whenever necessary measurements should be made. Any dispute as to quantity will of course be settled by a measurement; any dispute as to sort or quality, should be adjusted by arbitration of three neighbour- ing cultivators not interested in the question, to be named by the ryot and the Government Officer, their award to be final. Any claims to abatement on account of peculiar disadvantages, and any claim to increase beyond the general rate which the cultivator may object to, should be disposed of in like manner. For instance, 1stly—A ryot holding land as second sort, claims a reduction below the usual rate of the second sort of land, because his land being by the side of a public road, must either be fenced at a considerable expense or constantly watched to prevent injury to the crops by passing cattle. 2ndly—The Government Officer claims an in- crease above that paid for land of the first sort, because the spot having been used for many years by the former Zemindar as a cattle pen, its productive powers have been greatly improved. Such questions should be adjusted by arbitration. In like manner, claims on account of embankment expenses, draining, irrigation, &c., should be disposed of ; provided the enquiries be made in the presence of the people, and all objections are publicly canvassed, a person of ordinary intelligence will seldom either over-assess or be imposed on. 16th. The mature of the ryotee tenures varies so much in different parts of the country, that precise rules for forming a jummabundee would embarrass rather than assist ; but the following general rules should be observed. 17th. The claims of khoodkasht and kudeemee ryots should be carefully respected. Should cultivators of this class be found holding lands at lower rates than other ryots occupying lands of a similar description, their rents should not be raised without considering their right to continued occupation at the rent heretofore paid. Some of these ryots, being the descendants of those who orighally broke up the land, have held at the jumma now paid since 12 years previous to the Decennial Settlement. They have alien on the soil beyond wages of labour and profits of stock. By prescription they have a proprietary interest; to raise their rents is to deprive them of that proprietary interest. They are entitled to a full investigation of their rights under the resumption laws before being subjected to any enhancement. 18th. In like manner, talookdars will be found holding talooks of which a portion is tilled by themselves, and a portion by cultivators holding under them, or the whole of which is in the occupation of under-tenants, and of which the rent paid by the talookdars is less than the current rents of the neighbourhood. Some of these talookdars may originally have been merely khoodkasht ryots, their position being altered by their letting a part or the whole of their lands instead of employing themselves in cultivation. They also, if they have held since 1781, or have by purchase, gift or otherwise, become the representatives of those who were in posses- sion at that period, if a fixed rent has always been paid for the talook, are entitled to a full investigation of their claims before any increased demand is made on them. © O SUDDER BOARD OF, REVENUE. 499 O 19th. Other talookdars and ryots are liable to assessment at the market rate, that is, at the rate current in the neighbourhood, but if the rent paid for three years previous to the possession of the Government can be ascertained, and it should not appear that such rent has been without cause reduced below the market rate, then, under the orders of Government, dated 28th November, 1837, circulated on the 23rd January, 1838, a lease should be granted to each ryot at such rent for 3, 5 or 20 years, as may be deemed desirable, with a distinct engagement that during the term of the lease, he will not be required to pay any addition to the specified rent whatever kind of produce he may cultivate. mind, that if they have hitherto held at rates belpw the market rate and increase is to be levied, it is necessary that notice of the increased demand be served in or before the month of Jeyt, under Section 9, Regulation V. of 1813. 20th. It has not been an unusual practice to oust a ryot, who, on this notice being served, failed to enter into an engagement to pay the enhanced jumma; but dispossession of the tenant is not justified by the law. Having been served with the notice under the law alluded to, if he remain in possession of the land, he must pay the enhanced rent demanded. Though such enhanced rent would not be recoverable under Section 10, Regulation VIII. of 1831 in a summary suit, it is recoverable (subject of course to a regular suit in the Dewanny Adawlut) by an Officer of Government having the immediate management of a Muhal, under Section 25, Regulation VII. of 1799. Collectors should be most careful how they enhance the rent of ryots, and issue notice under Section 9, Regulation V. of 1812, as the authority vested in them under Section 25, Regulation VII. of 1799, for enforcing payment of such enhanced rents after notice served, is a judicial trust. The most careful enquiry should always precede issue of notice. 21st. When such enhanced jummas are entered in a jummabundee, great care is necessary respecting preservation of proof of the notice having been served under Section 9, Regulation W. of 1812, for, in the event of a suit in Court to contest the legality of the demand, production of this proof will be necessary to substantiate its regularity. 22nd. When the jummabundee has been completed, pottahs should be offered to the ryots for a term suited to the circumstances of the Muhal, and subject to revision when a settlement may be made under Regulation VII. of 1822. Under peculiar circumstances demanding consideration, leases may be given not liable to annulment by a detailed settlement. Thus, to a ryot desirous of improving his tenure at his own cost, a lease should be given for such a term as will give the ryot the full benefit of his outlay; should the preparation of the jummabundee be in the hands of an inferior Officer, he must of course take the orders of his superior It is to be borne in in such cases. 23rd. The ryots’ pottahs, besides shewing the land and jumma, should mention the instalments in which the rents are to be paid. The instalments should be regulated by the means and character bf the ryots, and the period of the chief Circular, No. 838. Nov. 19, 1850. \ A -Y- Rents paid previ- Ous to the possession of Government, if ascertainable, to be maintained. Ryots not to be ousted. Enhanced rent may be enforced af. ter notice. Proof of service of notice to be carefully preserved. Pottahstobegiven to ryots. Pottahs should make mention of the kists in which the rent is to be paid. 500 CIRCULAR ORDERS, Circular, No. 838. Nov. 19, 1850. *— J Y- Ristbundee to be observed. Collection of rents to be made through village head-men, and waste lands to be made over to them if they will take them. Head-men may become sureties One for the other. O harvests—being few where the ryots are men of substance, many, where they are poor; as a rule they should not be less than four, nor more than eight. When the cultivators are errant pykasht ryots the crops must be held responsible for the rent. As enforcement of payment is unavoidable, it is better to enforce it by retaining the lien on the crop, than to imprison the ryot after he has been allowed to take it away. O 24th. Under favourable circumstances, the following kistbundee is appro- priate: The August or Srabun kist, 3 annas, to be considered an arrear on the 1st September. The November or Kartick kist, 4 annas, to be considered an arrear on the 1st December. The January or Pous kist, 5 annas, to be considered am arrear on 1st February. The March or Phalgoon kist, 4 ammas, to be considered an arrear on 1st April; but a considerable discretion must be left to Collectors, for, not only is a kistbundee suitable in one District inapplicable to another, but a kistbundee convenient to the grower of one sort of crop is inconvenient to the grower of another sort. 25th. The jummabundee being completed, the Officer should then ascertain the mature and quantity of the lands left unassessed, and should they have been at any former period under cultivation, endeavour to ascertain why they were abandoned. 26th. Should there be any village head-man of substance, it is desirable that an arrangement should be made with him for the collection of the village rents, allowing him a percentage and the use of the waste lands for a period corresponding with the period of lease granted to the ryots. Such an arrangement is usually very agreeable to the cultivators, and rents are, for the most part, procured with much greater punctuality in this way than through the instrumentality of tehsil- dars. The percentage to be allowed to the head-man must depend on the character and means of the ryots and the size of the tenures. If the ryots are poor and each holds but little land, 20 per cent. may not be more than sufficient to cover the expense and risks in making collections; should the ryots be persons of sub- stance 2 per cent. may suffice. Should the head-man take the waste lands, a written bargain must be entered into with him regarding them. He should be allowed to hold the whole rent-free for a term, with an engagement that on the expiration of the term, cultivation shall be measured and assessed at a rate agreed upon. Rules cannot be laid down suitable to all cases; but it should be always borne in mind that in such arrangements the element most necessary is certainty—a most careful record of liabilities—without which it is vain to hope that any one will enter upon improvements. 27th. In some Districts it may be necessary to take security from head-men thus entrusted with the management of a village ; in such case neighbouring head-men should be accepted as sureties. By this means three parties, all neigh- bours, are interested in each village ; they become so interwoven one with the other, that a farmer cannot injure his neighbour without indirectly injuring himself. SUDDLR BOARD OF, REVENUE. 501 Such a system is a great check upon extravagant habits and misappropriation of Circular, No. 838. rents. A Collector is certain to receive warning, should a head-man pursue a course likely to lead to embarrassment or injurious to the interests of the village. 28th. When a village may be thus taken in farm by a head-man, no further interference can be necessary during the term of his lease. There will be no occasion to demand any papers from him. The pottahs given to the ryots will be their defence against any extortion. 29th. On a ryot leaving the village or dying without heirs, the farming head-man will be at liberty to make such arrangement for the land, subject to revision by the Collector on the expiration of his lease, as he may consider most conducive to his own interests. The farming head-men should be bound to deliver to the Collector, on the expiration of their leases, a statement shewing the altera- tions in the jummabundees as they stood when their leases expired. 30th. It is to be understood that an arrangement of this sort is not to be forced on the people if they appear to be opposed to it. If, as has been found to be the case in some localities, payment direct to the Collector is regarded as a valuable privilege, it is not desirable to oppose the ryots’ wishes for two good reasons. They have a right to ask for consideration of reasonable prejudices, and a new system introduced in opposition to their wishes would, in all probability, fail. The arrangements with the head-men should be such as to leave the Settlement Officer who may hereafter conduct a detailed settlement under Regulation VII. of 1822, at liberty to introduce any system of management he may think proper, but as when there are no prejudices against farming by villages, it has been found conducive to the well-being of the cultivators and to the increase of cultivation, its adoption by the Settlement Officer is desirable. 31st. In 'villages actually held hustabood, a revision of the jummabundee will be necessary each year, and as ryots oftentimes cultivate more than they have engaged to hold, annual adjustments of the jummabundee for the year past are in some parts necessary. These operations may well be conducted simultaneously in the months of Phalgoon and Jeyt. Separate papers must be prepared, one shewing ryotwarree, the land and jumma of the ryot's engagement, the land he actually tilled, and the jumma demandable from him ; the other shewing the land each ryot engages to till for the ensuing year, and the jumma he engages to pay; when the jummabundee remains unaltered, of course no new engagements are necessary, but when alterations are allowed, whether for increase or decrease, new engagements should be interchanged. 32nd. Successful hustabood management depends entirely on the timely and correct preparation of these papers. They should be provided regularly on or before the 15th Bysack of each year; earlier, if it be found practicable. The accuracy of these returns should occasionally be very carefully tested, and measurements be resorted to, should there be reason to suppose imposition has been practised or attempted. Where khas management is extensive, however confident the Collector Nov. 19, 1850. \ -Y J No papers to be demanded from farming head-men. Fxcept on expira- tion of their leases. The system of farming to head-men not to be forced on the people. Revision of jum- mabundee each year in villages actually held hustabood. • 6 L 502 CIRCULAR ORDERS, Circular, No. 838. Nov. 19, 1850. \ J -Y- Jummabundee to be tested. Collections. Section 3, Regula- tion XIV. of 1793. Section 25, Regu- lation VII. of 1799. Section 5, Regula- tion XIV. of 1793. Section 5, Regula- tion VII. of 1799. O may be of the correctness of the papers furnished by his subordinate Officers, each year two or three Muhals should be selected, and the correctness of the papers ascertained by a strict scrutiny on the ground. When Muhals, which have been measured and, assessed under Regulation VII. of 1822, may come under khas management, the papers of the settlement will of course be made the foundation of the khas rental, but even in such cases, though two or three years only may have intervened since the settlement, so rapid are oftentimes the changes, enquiry village by village will be for the most part necessary in order to the adjustment of each ryot's responsibility. No measurements or investigations respecting rates will be necessary; simply the changes will be traced, and engagements interchanged in conformity thereto. - 33rd. It is provided in Section 23 of these Rules, that the pottahs of the tenant shall mention the kists or instalments in which the rent is to be paid. Rent not paid on or before the day on which the instalment is due, is an arrear of Revenue. It is usual, and it is desirable, when the ryots are persons of any sub- stance, to allow a few days for payment before having recourse to compulsion. As a rule 10 days should be allowed before process to compel payment is issued. 34th. Compulsory process being resolved on, it is open to the Collector to proceed by summary suit under Section 15, Regulation VII. of 1799, by distraint under Regulation XVII. of 1793, or by requisition, attachment of tenure and arrest of the person of the defaulter, under Section 25, Regulation VII. of 1799. 35th. The most approved system is to issue a written demand by a peon, but instead of deputing a peom with a demand on each defaulter, one peom should be deputed to a village with a list of the names of those in balance, and his subsistence money should be levied rateably on all with reference to the amount of balance due from each. t (`) 36th. Should the tenants in arrear not liquidate the balances within the period allowed in the requisition, dustucks for the apprehension of the defaulters should be issued, and it is competent to the Collector at the same time to attach their tenures, but that is a proceeding to be avoided; it very seldom is of much avail in procuring liquidation of the balance, and oftentimes is productive of embarrassing litigation. In dealing with mere ryots, it is desirable not to interfere with their possession till it becomes necessary to displace them. 37th. It is not unusual for Collectors, should the arrear not be liquidated by means of dustucks issued under Section 25, Regulation VII. of 1799, to cause their mazirs to attach and sell the personal property of defaulting ryots at all times, but there is no authority in law for this proceeding. When a Collector has made elec- tion of process under Section 25, Regulation VII. of 1799, in preference to distraint, he must adhere to the rules of Section 23 therein referred to, as modified by later enactments; that is to say, he will bring a defaulter's land to sale under Act I. of 1845, at any quarterly sale, with due observance of the rules of that Law, and he will sell his shikmee tenures or other personal property, and his chattels, observing the rules of Act VIII, of 1835. SUDDER BOARD OF. REVENUE. 503 38th. Should an arrear remain due at the close of the year, if the defaulter be a mere ryot having no transferable interest in the soil, he may be summarily ousted and his lands given to another; but if he have a transferable interest, that interest should be brought to sale under Act VIII. of 1835. gº 39th. The above rules respecting ryots are also applicable to talookdars and renters of other denominations. Under Section 25, Regulation VII. of 1799, the same process is applicable to ryots, jotedars, dependant talookdars, under- farmers or other descriptions of under-tenants. As with ryots, care must be taken to observe the necessary distinction between those who have, and those who have not, an interest transferable by sale. If recovery.of arrear by distraint under Regu- lation XVII. of 1793, instead of by the process above detailed, is considered more suitable to the condition of the under-tenants, and it certainly is more suitable when ryots are paupers having little if any thing besides their crops, due authority to that end must be given to the tehsildar or other Officer entrusted with the duty of collection. It is not unusual for Collectors to authorize tehsildars and nazirs to distrain and to sell the distrained property themselves, and the practice of many years may be held to have given the sanction of law to the system, but it is more regular that the nazir, tehsildar or other agent duly authorized under Section 19, Regulation VII. of 1799, having distrained with observance of the rules of Regulations XVII. of 1793 and VII. of 1799, should apply for sale to the Sale Commissioner of the Pergunnah appointed under Act I. of 1839. 40th. The foregoing rules will not be considered applicable to talookdars holding putnee tenures of the mature described in Regulation VIII. of 1819. No other process should be resorted to for the realization of the rents of such tenants than sale twice a year, under the Regulation above mentioned, and it behoves the Collector to observe strictly the proceeding prescribed by the Law, as any irregularity, or the least deviation from the rules laid down, renders the sale liable to reversal by the Courts. Though process against putnee talookdars under Regulation VII. of 1799 is legal, the simple and certain process of Regulation VIII. of 1819 is far preferable. 41st. Finally, all Officers engaged in the management of Muhals held khas, should bear in mind the necessity of never allowing an arrear to remain outstanding more than one complete year from the date on which it became due, as such balances cannot be recovered by any summary process whatever; for the realization of such arrears, recourse must be had to the Civil Courts. Thus the rents of one year cannot be allowed to remain outstanding till the close of the succeeding year, but each kist for 12 months only. Thus, should the Bysack kist of 1256 be out- standing on the 1st Jeyt 1257, and should no process for its recovery have been actually commenced, it could be procured only by means of a suit in Court. 42nd. It is to be understood that it is not intended by these rules to counte- mance khas management, or to supersede the orders which have from time to time been issued, inculcating the completion of farming arrangements for Estates the Circular, No. 838. Nov. 19, 1850. C Y- _A 504 CIRCULAR ORDERS, Circular, No. 838. Nov. 19, 185 Q- 0. —) Q property of Government, but, as it is found impracticable to dispense entirely with khas management, it is deemed desirable that the same principles of management should be observed in all the Districts under the Board, as far as local peculiarities will admit of uniformity, and, to that end, this Manual has been prepared. 43rd. These rules are prescribed for khas Muhals the property of Govern- ment; the same principles of management will be observed in other Muhals that may come under khas management so far as they may be applicable. 44th. “Neither is it intended by these rules to discountenance summary settle- ment pending settlement under Regulation VII. of 1822, but unless there are peculiar circumstances which justify a different course, it is always desirable to ascertain the resources of a Muhal by the preparation of a jummabundee before giving it in farm. , t 45th. When there is a party having a right of settlement, a summary settle- ment should never be made by offering the Muhal to public competition. It cannot be just to place a party having a title to settlement on the same footing with parties having no title. 46th. In conducting the summary settlement of a Muhal in which there are two or more sharers, the provisions of clauses 3 to 6, Section 10, Regulation VII. of 1822 should be observed. 47th. At summary settlement, proprietors entitled to a half jumma settle- ment, should be allowed 50 per cent. on the jummabundee; others, entitled to settlement, but not to half jumma, should receive 30 per cent. ; and farmers 20 per cent. 48th. The sale of a muhal summarily settled, though legal, should never take place if it be avoidable. Should a sale be inevitable, only the interests of such of the sharers as may have engaged, can be sold. The interests of the non-engaging partners cannot be held answerable for the default of the sudder malgoozars. 49th. It should never be stipulated in a summary settlement, that if the jumma of the detailed settlement eventually to be made should exceed the jumma of the summary settlement, the difference shall be made good. Neither in the event of the jumma of the detailed settlement falling short of the jumma of the summary settlement should any refund be allowed. 50th. Security should not be demanded from parties entitled to settlement, nor from farmers whose substance is undoubted. It is distasteful to a person of probity and means to be called upon for security. SUDDER BOARD OF REVENUE. 505 NO. DCCCXXXIX. TO THE COMMISSIONERS OF REVENUE. December 6, 1850.—No. 74. As it appears from references made to the Board, that the system under which copies of public records are furnished is in some offices objectionable, entailing labour on the Officers of the fixed establishment which should be performed by hired copyists, and greatly increasing the business in the treasury by a multiplication of deposits, I am directed to request that you will cause the following rules to be introduced in the Collectors' offices. 2. The Collector shall license as many copyists as shall be able to supply all applicants with copies without inconvenient delay, and no one but a licensed copyist shall be employed on the preparation of copies. Each copyist shall receive from the party taking the copy, a fee at the rate pre- scribed in the Circular Order of the 17th July, 1829, viz. one anna on every 100 words. On each copy the amount of the fee received shall be noted as follows:— Number of words in the copy,. . . . . . . . . . . . . . . . 000 At one anna per 100 words is, . . . . . . . . . . . . . . . . 00 R.S. O Received Payment, (Signed) A. B. IDate Licensed Copyist. 3. Each copyist shall keep a book in the form hereto annexed, shew- ing his receipts, which he shall submit once a month to the Collector : by this means the Collector will be enabled to regulate the establishment of copyists, and to reduce the number if there is not sufficient business to enable each copyist to earn at least 12 Rupees per mensem. 4. Where one copyist only is entertained, the task of comparing must be performed by one of the Officers of the fixed establishment. Where two or more copyists are employed they should compare for each other. Where six or more copyists are continually employed, a comparer may be enter- tained to compare the copies prepared by all, to be paid at the rate of 12 Rupees per mensem levied from the copyists. 5. . The names of both the Officers employed on the comparison should always be noted on the copy. As heretofore each copy will be attested by 6 M No. 839. M Isc. DEPT. Rules to be ob- served in supplying applicants with co- pies of public re- cords. {2 506 CIRCUILAR ORDERS, Circular, No. 839. Dec. 6, 1850, C Y 4. No. 840. Misc. DEPT. Directions re- garding fixing re- muneration to be allowed to butwar- rah ameens, and levying the same from the proprie- tors in proportion to their interest in the Estate to be divided. { the mohafez or other native Officer specially authorized to compare and _j attest copies, who will be held responsible jointly with the comparer for the correctness of the copy. 6. The fees for searching on the scale prescribed by the Circular Order of the 17th July, 1829, receivable by the Government, will be paid to the mohafez, who will keep an account of the sums received and each day pay the whole by means of a chelaun under his signature to the treasury, there to be at once carried to credit under the head of “Record Committee Fees.” t 7. This book should be treasury. { signed daily by the Officer in charge of the Form of Register of copies prepared, to be kept by each copyist. Date on which docu- ment was returned to mohafez Date on which docu- ment was received from mohafez. Description of docu- Iment. Date of application Fee received. for copy. No. DCCCXL. t To THE COMMISSIONERS OF REVENUE. December 6, 1850.-No. 76. THE Sudder Board of Revenue having had before them the Returns to their Circular of the 4th of June last, No. 32, regarding the realization of the remuneration of ameens employed in effecting butwarrahs, I am directed to communicate the following observations and orders for the information and guidance of yourself and your subordinates. 2. It appears that according to existing practice, in the great majority of instances, all the expenses of a butwarrah fall, in the first instance, on the sharer or sharers who apply for it. This in the opinion of the Board is contrary to justice, and to the spirit of Clause 3, Section 4, Regulation XIX. of 1814. the violence and fraud of their co-sharers, the Legislature has conferred on Convinced that individual proprietors should be protected against the proprietors of sudder malgoozaree Estates, the right of separating their SUDDIER BOARD OF REVENUE. 507 shares from the joint property and constituting them distinct Estates, with Circular, No. 840. a distinct amount of revenue assigned to them as payable to the State. It seems to be absolutely included as a part of this right, that the sharer who requires that his share should be formed into a distinct estate, should be called on to pay only his fair share (and from the beginning) of the expenses incident to the process of separation. If this addition to the right were not made, the right itself would in many cases be one merely in name. The expense, especially with reference to the large addition to it caused by the provisions of Act XI. of 1838, if it fell entively in the first instance on an individual.applicant for a division, would frequently operate as a complete bar to the assertion of that applicant's right. O 3. Although the time at which all the proprietors are to be made to contribute to the expense of a division is not stated in Clause 3, Section 4, Regulation XIX. of 1814, it must, from a consideration of the foregoing reasons, be held to be at the date when the application is made. It has been objected by one Commissioner that the enforcement of such a rule will lead to great delay, and that when the applicants voluntarily pay the whole expense in advance, there is nothing illegal in their doing so. Undoubtedly some delay will be caused by not proceeding with a division until the neces- sary expenses have been collected from all the proprietors rateably, but justice in such a case renders submission to delay unavoidable. With re- spect to the voluntary payment of the whole expense by the applicants, it is fairly to be presumed that the payment is made in ignorance of their rights under the law. It is the duty of the Revenie Authorities not to allow proprietors to remain in ignorance on a point so important. If however, individual applicants, in full knowledge of their rights, choose to advance, in the first instance, all the expense required, they may be indulged accord- ingly. 4. In order to facilitate the enforcement of the rule of rateable con- tribution of the expense from all the proprietors, applicants for a separation of their shares should be strictly enjoined, when they present a petition for a butwarrah, to submit a list of the proprietors of the estate with a specifi- cation of the extent and kind of interest held in it by each. That interest will be of the kind described either in Section 33, Regulation XIX. of 1814, or in Section 34, of that Regulation ; that is, it will either be a share in the whole estate represented by a fraction of a rupee, or it will be a share of the estate represented by the ownership of specific lands. In both cases, the criterion of proper contribution is best represented in the first instance by Dec 6, 1850. \- J 508 CIRCULAR ORDERS, Circular, No. 840. C Dec. 6, 1850. Y. the amount of jumma which the respective sharers pay to the Government. _ The proprietors amongst themselves always know this, and the applicants can be at no loss to supply this information to the Collector; and until it is supplied, he should not act upon the provisions of Section 4, Regulation XIX. of 1814. The Collector will of course take steps to verify the informa- tion so supplied by all the means afforded by his records and otherwise. 5. The next question for the Collector's consideration is the probable expense of the butwarrah. He will have to consider the time that will be necessary for its completion, with reference to the number of hands to be employed in measuring the lands and preparing the necessary papers, and he will have to fix what would be a fair remuneration to the person entrusted with the superintendence of the work. The extent and value of the pro- perty are important elements in this calculation, and for information on the above points, the Collector must consult the applicants and his records. The object of Act XI. of 1838, the Board observe, is so to remunerate those who are employed in effecting a butwarrah, as to secure honesty in the perform- ance of the task without needless expense to the proprietors. The problem is, no doubt, one of most difficult solution, but the Collector and Commis- sioner must do their best towards an approximation to its solution. 6. Having fixed, an estimate of the probable expense, the Collector will have to decide whether the amount shall be collected from the proprietors at "once or by instalments, and in this latter case, by how many. These two also are points which must be left to the discretion of the local Qfficers; they will be guided by the largeness or smallness of the estate, and the time, from whatever causes arising, that will be required for the completion of the work. 7. The amount and time of collection being determined, notices must be served on the proprietors (the expense of which must be included in the estimate,) informing them of the fact of a butwarrah having been applied for, and of their liability in consequence of their interest in the estate, (which must be stated) to pay their quota of the expense, and calling on them to do so within a given time, say 15 clear days from the serving of the notice, otherwise their rights and interests in the estate will be sold for the realiza- tion of their quota. If they appear in the interim and deny that they are liable for the amount charged to them, the Collector must enquire into their case and decide accordingly. When it may be necessary for the Collector to proceed to a sale, he must sell under.the sixth class of arrears described in Section 5, Act I. of 1845. SUDDER BOARD OE, REVENUE. 509 D 8. In disbursing the money collected, the Collector should be guided so as to have it in his power to withhold part of the remuneration from the person entrusted with the superintendence of the butwarrah, and a portion of the wages payable to those employed in measuring the lands of the estates, in case of neglect or fraud being established against either of those parties. No.” DCCCXLI. TO THE COMMISSIONERS OF REVENUE. December 13, 1850.—No. 77. | AM directed by the Sudder Board of Revenue to transmit for the infor. mation and guidance of yourself and your subordinates, a copy of the orders of Government No. 1167, dated the 30th ultimo, authorizing Collectors in future to have executed the petty repairs of such buildings attached to Collectorates, as are not borne on the books of the Department of Public Works, and to charge for the same in their contingent bills. FROM THE UNDER SECRETARY TO THE GOVERNMENT OF BENGAL, TO THE SECRETARY TO THE SUDDER BOARD OF REVENUE. No. 1167, dated 30th November, 1850. I am directed by the Deputy Governor of Bengal to acknowledge the receipt of your letter No. 535, of the 15th instant, and in reply to inform you, that his Honor has been pleased, in compliance with the Board’s recommendation, to autho- rize Collectors in future to have executed the petty repairs of such buildings attach- ed to Collectorates, as are not borne on the books of the Department of Public Works, and to charge for the same in their office contingent bills. NO. DCCCXLII. TO THE COMMISSIONERS OF REVENUE. December 27, 1850.-No. 79. IT having come to the knowledge of the Sudder Board of Revenue, that several Collectors are in the habit of receiving petitions only on one day during the week, thereby occasioning great inconvenience to parties applying for copies of documents and for deposits, and desiring to present petitions connected with pending cases or otherwise of a pressing nature, I am directed to request that you will instruct the Collectors subordinate to you to receive such petitions daily, whenever they may be presented. Circular, No. 840. Dec. 6, 1850. C. J Y- No. 841. Misc. DEPT. Petty repairs of buildings not on the books of the Department of Public Works to be executed by Col- lector, and charg- ed for in contin- gent bills. D No. 842. Misc. DEPT. Daily receipt of petitions enjoined on Collectors, 6 N 510 CIRCUI, AR ORDERS, Circular, No. 842. Dec. 27, 1850. \ -Y. ) No. 843. MISC. DEPT. Manual for set- tlements. * Circular Order, 11th September, 1839, No. 23. Appendix, No. 1. + Appendix, No. 2. 2. The Board observe that petitions of the above kind require for the most part only a formal order, and cannot ordinarily be so numerous, when taken daily, as to interrupt to any material extent the other business of the day. & No. DCCCXLIII. TO THE COMMISSIONERS OF REVENUE. December 26, 1850.-Nö. 81. IT having come under the observation of the Sudder Board of Revenue, that a great diversity of theory and practice prevails in the different Districts in making settlements of the Land Revenue, the annexed rules have been drawn up, and are circulated with the view of serving as a complete manual for the guidance of all Officers engaged in making, revising or confirming settlements. RULES FOR SETTLEMENT. In Bengal four descriptions of land come under Settlement. I.—Resumed lakhiraj. II.-Towfeer. III.-Estates purchased by Government. IV.-Escheats. 2. Settlement comprises eight processes. I.—Identification of the land. II.-Measurement. III.-Testing of the measurement. IV.-Adjustment of the rents to be paid by the cultivators. V.—Adjustment and record of the rights of the cultivators. VI.-Disposal of claims to hold rent-free petty holdings within the Estate under settlement. *. VII.-Provision for dák and police. VIII.-Selection of a malgoozar and terms of settlement. I.—IDENTIFICATION OF THE LAND. 3. As resumed land should always be identifiedº previous to resumption, the Settlement Officer ought not to encounter any difficulty in discovering the land decreed liable to assessment. By order of Government, dated 26th January, cir- culated on the 28th April, 1841,t no lakhiraj lands which are entered in the taidad or register as less than 50 beegahs in one village are to be resumed, and if resumed already, they are neither to be identified nor settled. SUDDER BOARD OF REVENUE. 5] I D 4. In all cases of escheat or purchase by Government, the duty of identifying Circular, No. 843. the land necessarily falls on the Settlement Officer. When the Muhal to be settled is of considerable extent, the Settlement Officer should proceed in person to make the necessary preliminary enquiries respecting the position and extent of the land. When the Muhal is not extensive, an ameen may be deputed with such powers under Section 24,” Regulation'VII. of 1822 as may be considered needful. Where putwarees, canoongoes, or other salaried Officers exist, there is no objection to their being employed in defining boundaries previous to measurement. 5. On reaching the Muhal or village, the Settlement Officer or the Officer deputed, will summon the zemindaree Amlah or such other persons connected with the land, as may be able to point out the boundaries. The extent of the powers to be exercised by the ameen under Section 24, Regulation VII. of 1822, will be duly recorded in his summud of appointment. 6. Should the ryots or other residents so summoned to point out the bounda- ries, contumaciously withhold information, they are liable to imprisonment till they comply, under Section 24, Regulation VII. of 1822, and Sections 23 and 25, Regulation XII. of 1817. 7. Putwarees, gomashtas, and other persons by whom the accounts have been kept, may be summoned with their accounts; and should they refuse to attend, or neglect to produce the accounts called for, or to swear to their correctness, or generally to give evidence respecting them, they also are liable to punishment under Clause 2,S Section 19, Regulation VII. of 1822, Section 12, Regulation II. of 1819, and Sections 23 and 25," Regulation XII. of 1817. 8. The Settlement Officer may also summon the proprietor or farmer of the Muhal under settlement, or may require him to cause the attendance of the village Officers. Omission or refusal to comply with such requisition subjects the proprietor or farmer to a daily fine under Clause 2,4* Section 19, Regulation VII. of 1822 and Clause 3,ti Section 13, Regulation II. of 1819. Fines may be imposed by the Col- lector of his own authority, and levied by the same process as is prescribed for the recovery of arrears of revenue, under the provisions of Act XX. of 1848,ii but, as ruled by the Circular Order of the 27th July, 1849, No. 30, §§ that Act gives no power to Collectors to make requisitions of their own authority in cases in which they previously did not possess that power. Authority for the requisition must be obtained as heretofore, and by Circular Order of 20th November, 1849, No. 159, it was ruled that an Uncovenanted Deputy Collector has no power of his own to impose and levy a fine under Act XX. of 1848, but must obtain the previous sanction of his Covenanted Superior. 9. If in tracing the boundary of a resumed Muhal, a portion of the land should be found in possession of a pèrson who was not made a party to the suit, and it should appear that he was in possession previous to the decree for resumption, the sanction of the Board must be obtained to the institution of a new suit for the re- sumption of the land held by such person; he cannot be summarily assessed with- Dec. 26, 1850. Q- Y J * Appendix, No. 3. # Appendix, No. 3. † Appendix, No. 4. Appendix, No. 5. | Appendix, No. 6. * Appendix, No. 4. * Appendix, No. 5. +f Appendix, No. 7. D j. Appendix, No. 8. §§ Appendix, No. 9. |Appendix, No. 10. 5 12 CIRCUI, AR ORDERS, Circular, No. 843, out having had opportunity of being heard against assessment. When a Settlement \ Dec. 26, 1850._j Officer decides that any land claimed by a third party was included in the resumed N- Muhal, such party, if dissatisfied, must appeal to the Special Commissioner. On the other hand, when a Settlement Officer gives up any land as not included in the re- sumption decree, the Revenue Officer, if he see fit, may appeal to the Special Com- * * Appendix, No. 11 missioner.—Circular Order 9th September, 1848, No. 16.4 10. If in tracing the boundaries of a purchased or an escheated Muhal, the Boundaries Šf resumed Muhals. boundary claimed by the Settlement Officer should be objected to by a neighbouring Zemindar, and the objector have possession of the land, recourse must be had to the Qivil Court; all the Settlement Officer can do is to lay down the boundaries where undisputed; and where disputed, to mark both the line admitted, and the line claimed but denied to be the limit of the property of Government, collecting at the same time all the evidence available in support of the claim, in order to its assertion, if deemed expedient, in a Court of Justice. It was + Appendix, No. 12, thus ruled by the Board on the 16th October, 1838.f † Appendix, No. 13. 11. As it was ruled by the Government on the 1st August, 1839, that the provisions contained in Clause 6, Section 2 and in the thirty-three following Sections of Regulation VII. of 1822, as far as the same are applicable, may be made use of § Appendix, No. 14, in the settlement of purchased Muhals, the Settlement Officer can, under Clause 4, § Section 14, Regulation VII. of 1822, dispose of all disputes respecting boundaries of villages, talooks and other tenures in such estates, or refer them to arbitration | Appendix, No. 15. under Sections 7 to 10|| of Regulation IX. of 1833. 12. The Officer employed in the demarcation of boundaries preparatory to settlement, whether he be ameen, camoongoe or Deputy Collector, will prepare such a sketch of the village boundaries traced, as shall be a sufficient guide for the Officer who may be employed to make the measurement, whether himself or another. 13. As prescribed in the Survey Rules, “all natural landmarks near the boundary line will be introduced in the maps, with correct bearing and distance ; where natural marks are wanting, so many artificial marks are to be erected as shall make the boundary easily traceable.” 0. 14. The Officer employed will prepare a boundary demarcation map, such as * Appendix, No. 16. is prepared by Survey ameens," and also a boundary descriptive statement,” in >\: {< :-- r i : APP” \* the form annexed. /. II.-MEASUREMENT. 15. Measurements will be conducted with chains 30 feet long, or where chains are not procurable, with poles of 30 or 6 feet long. 16. Chains of 30 feet can be made up for Rupees 2-8, or Rupees 3 each. The Collector in each District in which there are measurements and settlements to be made, should provide himself with as many as are necessary, unless bamboos of 30 feet are procurable and are preferred by the people, 0 SUDDER BOARD OF REVENUE. 513 D 17. All systems of local measurement are to be set aside; the standard Ben- gal beegah of 14,400 square feet will be universally adopted, or, if more convenient and more acceptable to those concerned, the standard acre of 43,560 square feet may be introduced. * 18. In measuring standard beegahs with a chain or pole 30 feet long the calculations will be as follows:— } of a chain by gº of a chain, or 9 square feet = 1 cowrie. 4 cowries, or 3 of a chain by }, or 36 square feet = 1 gundah. 20 gundahs, or 4 chains by #, or 1 chain by #, or 720 square feet = 1 cottah. 20 cottahs, or 4 chains square, or 1 chain by 16, or 14,400 square feet = 1 'beegah. N 19. Should a pole of 6 feet long be made use of, the calculations will be:— 1 pole by }, or 9 square feet = 1 cowrie. 4 cowries, or 1 pole square, or 36 square feet = 1 gumdah. 20 gundahs, or 20 poles by l, or 5 poles by 4, or 720 square feet = 1 cottah. 20 cottahs, or 20 poles by 20, or 5 poles by 80, or 14,400 square feet = 1 beegah. 20. Should measurement by acres be introduced, the system followed by Surveyors should be adopted, viz. 21. Length and breadth of figures will be taken in Gunter’s chains. A Gunter’s chain is 22 yards or 66 feet, divided into 100 links, each link being 7-92 inches in length —66 feet or 1 chain equals 4 perches or poles, so that one square chain is equal to 16 square perches, or the tenth part of an acre, consequently 10 square chains or 10 chains by l chain are equal to one acre. Every superficial chain contains 10,000 square links, and every superficial acre 100,000 square links. 22. The English statute acre contains 4,840 square yards, sub-divided into roods and perches, of which 40 perches make.one rood, and 4 roods make one acre. The perch is 16% feet, giving 272} square feet, or 30+ square yards, which multiplied by 40, gives 1,210 square yards in one rood, and again multiplied by 4, gives 4,840 square yards in the acre. 23. If the contents of a field are made up in square links, divide the number by 100,000 (or, which is the same thing, cut off the last 5 figures) to give the contents in acres. 144 square inches = 1 square foot. 9 square feet =%l square yard. 30+ square yards = 1 perch. 40 perches = 1 rood. 4 roods = 1 acre. Circular, No. 843. Dec. 26, 1850. —' Note.—It will not escape observation that this measure- ment can also be conducted with a pole of 12 feet. 6 O 514 CIRCULAR ORDERs, (. Circular, No. 843. 24. Or, should it be necessary to use a pole or rod, it should be 164 feet long. Dec. 26, 1850. _j The calculations will then be, as before described, Y 16% x 16% = 2724 square feet or 1 perch. 272} x 40 = 10,890 square feet or 1 rood. 10,890 × 4 = 43,560 square feet or 1 acre, Q. Ol' rod rod 1 × 1 = 272} square feet or 1 perch. 1 × 40 = 10,890 square feet or 1 rood. 40 × 40 = 43,560 square feet or 1 acre, or thus the rod or pole of 16% feet, squared, 1 by 1 or 164 × 16% = 272} square feet or 1 perch. 1 by 40 or 164 by 660 = 10,890 square feet or 1 rood. 40 × 40 or 660 by 660 = 43,560 square feet or 1 acre. 25. If a rod or pole must be used, a long pole is always to be preferred to a short pole. It should not be thrown by the hand of a single man, as is common in many parts. Correctness under such a system of measurement is impracti- cable. The rod or pole should be carried over the ground by two men, and a third man should pitch a pin or arrow at the head of the rod." (See margin.) 26. Or should peculiar circumstances make it advisable to measure the acres after the Bengalee system of measurements with a pole, the pole should be in length 4. 10 feet 5% inch. This will not give an exact acre; it will be too little by a trifling fraction. A pole of 10 feet 5% inch, would give too much. The pole to be exact should, when squared, give 3 part of 43,560 feet; but it is impossible practically to describe a pole that squared shall yield exactly that quantity; 10 feet 54, is the nearest approach to precise accuracy, but it may be accepted that a pole of 10-5} squared, gives *jºr cº-º 108. 9-10 square feet as one gundah (of an acre), 20 gundahs or 2,178 square feet, as one cottah (of an acre), and 20 cottahs or 43,560 square feet, as one beegah (being by the hypothesis, 1 acre). 27. The Collector or Settlement Officer should instruct a few of the more intelligent ameens, and cause them to instruct the others, and never, if it be avoid- able, employ a person as an ameen till he has shewn on examination that he thoroughly understands mensuration. There can be little doubt that in a few years, ameens acquainted with this system will be procurable in most Districts in any SUDDER BOARD OF, REVENUE. 515 D numbers, till then it must be the Collector’s care to see that a sufficient number are instructed. 28. Where in the course of the survey now in progress, the lands of the Muhal under settlement have been measured by khusreh, the Scttlement Officer will pro- cure a copy of the khusrch map and missil from the office of the Superintendent of Survey, and limit his measurement proceedings to investigation of the changes which may have taken place since the survey. 29. When the lands to be settled may not have been measured by khusrch in the course of the survey, the measurement will be made field by field; but when several contiguous fields, all of the same description of land, are held by one ryot, there is no reason why all should not be measured together as one dagh or field. A form of “chittah” for the record of the measurements is appended (marked A*). It is more full than the form heretofore in use. It is to be borne in mind that the chittahs are not intended to serve only the purpose of the first settlement. If carefully prepared, they may be of much use during the settlement, and of great use when renewal of settlements shall be necessary. The cost of recording a little additional information is a trifle compared with the cost of the measurement itself. The additional column shews the direction in which a field lies with reference to the preceding field; without this to trace a chittah even a few weeks subsequent to its preparation, is entirely impracticable. Columns 4 and 5 have been amplified. A field will not be measured in more places than has been the practice hitherto ; but the measurements made will be recorded, instead of entering all the fields as perfect squares or parallelograms. There will be a little increase of expense in the prepa- ration of the copies of these papers; but they will describe the several fields as they are, and not as they are not, as heretofore. 30. From the chittahs, khutteeans and ekwals will be prepared in the forms marked B+ and C, and where the land of a village is held by talookdars, a second khutteeam and ekwal in form DS must be prepared, shewing the lands of each talook; and where a Muhal is composed of talooks, some having land in several Circular. No. 843. Dec. 26, 1850. \- J Y * Appendix, No. 18. f Appendix, No. 19. † Appendix, No. 20. § Appendix, No. 21. villages, a fourth record in form E|| must be prepared, shewing how the lands of | Appendix, No. 22. each talook are distributed. 31. Besides these papers, the ameen or other Officer employed in the measure- ment will furnish a terij in form F," and a rooedad arranged under the headings shewn in form G.** 32. Where the lands were not measured by khusreh in course of the survey, a khusreh map should be prepared by the ameens after the manner now observed in the survey department. The system is so simple and so easily learned, every Collector should be acquainted with it, and employ only such ameens as will learn it. It is as follows:— *f; 1st. The same method of defining each separate field as heretofore will be followed, taking care to commence from one end or corner of the village circuit, and so proceeding continuously and regularly. *|Appendix, No.22%. *Appendix, No. 23. 516 CIRCULAR ORDERs, Circular, No. 843. Dec. 26, 1850. \– —) Y- * Specimen A. Appendix, No. 24. + Appendix, No. 24. j. Specimen B. Appendix, No. 25. G 2nd. If the village be a small one, it may be measured in one circuit, but if large, it must be divided off into three or four circuits, each containing on an aver- age from 150 to 200 acres. 3rd. The eacterior fields of each of these circuits or chucks are first to be measured and laid down by means of a Bengalee surveying compass. For each field two bearings are taken, one for the length, the other for the breadth, with occa- sionally, here and there, for large fields, a diagonal bearing in addition as a better connecting link, and to ensure greater accuracy in the mapping. 4th. Each field extending round the boundary being thus obtained, the cir- cuit will be made to close within a trifling error; and the positions of all such fields, it will be evident, derive a very considerable degree of accuracy, as may be seen from the plan No. I.” which accompanies. g 5th. On the satisfactory closing of the circuit, all the fields in the interior of it are taken up in the usual way by the chain only, without the aid of the compass, and being kept or compressed within these defined limits, the several fields fall into their proper places, and all excess measurements or the contrary are immediately proved. 6th. To secure the proper falling in of every field into its proper place, so that a map may at any time be made from the khusreh missil, every separate measurement is recorded as lying to the north, south, east or west of the preceding one, and as starting from a certain point. Thus No. 2 field starts from the north- east corner of No. 1, and No. 3 from the south-east corner of No. 2, and so on— the corner starting point being invariably recorded in every instance. Without this precaution no map can be protracted by scale and compass. 7th. According to the old system, taking the measurements of two fields from the khusreh, and without the map as a guide, their positions might be laid down in either of the ways shewn in the margin, and thus the whole of the fields would fall into confusion, and defy reduction to paper without again going No. 1. to the locality. No. 1. No. 2. 8th. The bearings as taken with the compass No. 2. can be plotted by means of the paper protractor in the vernacular, as described for the thakbust. In the first instance, the circuit and the interior measurements should be plotted separately as shewn in plan No. I., f and after all the errors and discrepancies are corrected, the whole may be put together, coloured, and finished, as in the fair spe- cimen No. II. Each circuit appertaining to the village being completed in a similar way, the contour of the whole may be compared with the professional map. 9th. The scale used for this operation should "be regulated according to the value of the local beegah, and in due proportion with the professional scale. For the Bengal surveys, the scale as described for the thakbust should be employed, viz. 330 feet to the inch, or 16 inches to the mile. ſ. suddER BOARD OF REVENUE. 517 10th. The advantages of this system of native measurement are : First.—The admirable check and comparison afforded, and consequent superior accuracy of the work. Second.—The ability of any second or third party ignorant of the locality, and without connivance of the measuring ameens, or help of any sketch or map, to produce a fair protraction from the thissil or file. Third.—The thorough insight thereby given to the voluminous khusreh missil, and immediate detection of all errors, clerical or venal. Fourth-The great benefit to the Surveyor or Superintending Officer, who thus obtains the utmost confidence in his work, and is, saved infinite trouble, annoyance and doubt. Fifth.--The value to the Government in possessing a really useful and perma- ment record, combining the qualities of the professional map, with the addition of the minutest detailed specifications of property in the village, fit for every purpose both fiscal and judicial. Siarth.-Its comparative inexpensive cost, when viewed with the lasting value of its results. 11th. The mode of registering these measurements is fully shewn in the extract from the khusreh chittahºº which accompanies. 33. Paper scales are procurable in any number at a very trifling cost : pasted on a stick, they are as serviceable as a scale of metal. Compasses may be pro- cured by indent on the Deputy Surveyor General. Each Collector requiring them will remit the cost to Captain H. Thuillier, Deputy Surveyor General, and charge the amount in his contingent bill. The construction of the compasses is such, that they may be repaired when out of order by the blacksmith of the station; and should the needles get out of order, the magnetic power can be restored by a few rubs with a loadstone, which the Collector or Settlement Officer should provide himself with, and have always at hand. 34. In remunerating ameens, the rules of Circular Order No. 33 of 1st June, 1850, will be observed ; but if it should be found necessary for a time to increase the remuneration of ameens, in order to induce persons to fit themselves to prepare the more complete and trustworthy record now desired, a reasonable increase on the rates therein laid down will be allowed. III.—TESTING OF THE MEASUREMENT. 35. The measurement, when conducted by an ameen, canoongoe, putwaree, or other inferior officer, should be tested by the Settlement Officer, by measuring a few fields in different parts of the Muhal. The testing Officer will record the result of his scrutiny in the form annexed. § Should complaints of incorrect measurement t Applications for surveying instruments for the use of Settlement and other Revenue Officers, should be addressed direct to the Board, who will pass the indents and forward them to the Deputy Surveyor General. See. C. O. 14th Oct. 1851, No. 29. Circular, No. 843. Dec. 26, 1850. \ Y –4 * Appendix, No. 26. D † Appendix, No. 27. Ś Appendix, No. 28. 6 P 518 CIRCULAR ORDERs, Circular, No. 843. Dec. 26, 1850. \ ) Y * Appendix, No. 29. have been preferred, the Settlement Officer will, of course, subject those parts the correctness of which may be impugned, to more particular investigation. As a ge- neral rule re-measurement should take place if the error is above 10 per cent. ; but in this respect much must be left to the discretion of the Settlement Officer. Under the same circumstances, errors exceeding 10 per cent. may be remedied with- out resort to the expensive remedy of a re-measurement ; under other circum- stances, such as wilful error for corrupt purposes, re-measurement should be under- taken on discovery of less error. IV.-ADJUSTMENT OF THE RENTs To BE PAID BY THE CULTIVATORs. 36. By Section 2, Regulation IX. of 1833, so much of Regulation VII. of 1822 as prescribes that the amount of jumma to be demanded shall be calculated on an ascertainment of the quantity and value of actual produce, or on a compari- son between the cost of production and value of produce, was rescinded, and para. 5 of the Circular Order of November 12th, 1833, No. 190, k ruled that the only safe and practical foundation for the calculation of the public jumma was the rent ac- tually paid by the several tenants of whatever class or description, and that where it was found impossible to obtain the information in the Muhal under settlement, the rent paid for land of the same quality, and under similar circumstances, in the adjoining estates, was the best criterion. 37. It is impossible that these inquiries can be too carefully conducted, for any mistake respecting the rates must be injurious to the Government, or to the ryots. The inquiries made either within the estate under settlement, or in neigh- bouring estates, should be recorded. The Settlement Officer should not be satisſi- ed with convincing himself that the rates he may assess are appropriate; but he should so record the course of proceeding by which he ascertained the applicability of the rates imposed, that the Appellate Authorities who can have no opportunity of seeing the land or holding local investigations, may experience no difficulty in forming an opinion as to the propriety of the rates, should appeal be preferred. 38. Thus, in ruling that portion of the land is first sort, and portion second sort, it is necessary to mention with reference to what standard the land has been so classed; and whether with reference to the land of the village under settle- ment, or the land of the Muhal under settlement, or the land of the Pergunnah. 39. Where it has been the usual practice, either from the natural poverty of the soil, or from the natural fertility of the soil having been impaired by constant cropping, for a long series of years, to allow land to lie fallow to recruit, allowance must be made in the assessment, that is, land at nurse must remain unassessed. It may be that were it treated scientifically, and its natural productive powers in- creased or restored by manure, it would be unnecessary to allow any part to remain fallow ; but to impose assessment with reference to such outlay would be to impose a property tax, not a land tax, such as has always existed in this country. Thus supposing a ryot to cultivate five beegahs, one beegah of which is always fal- SUDDER BOARD OF REVENUE. 519 } low, the rate of the land cultivated being 1 Rupee per beegah, he will be assessed Circular, No. 843. at 4 Rupees for his five beegahs, or over all, omitting very minute fractions, 12 Dec. 26, 1850. J Y annas 9 pie per beegah. - 40. It is always to be borne in mind by a Settlement Officer, that it is not his business to ascertain what is the highest rate the land might pay for a year, but what can be paid with regularity in average years. He should use his best endea- vour to ascertain the amount of the collections in previous years; and should it be considerably more or less than his assessment, carefully ascertain the cause of the discrepancy. - º 41. Especially it behoves a Settlement Officer not hastily to conclude that what may appear to him an appropriate assessment, actually is so : fertility of the soil is not the only circumstance which regulates the power of land to pay rent. As remarked in the 112th para. of the orders of the Western Board, the demand * Appendix, No. 30. for labor, as affected by the thinness or denseness of the population, the salubrity of the climate, and the plenty or scarcity of good culturable soil in the vicinity, must all be considered ; and in ryotwaree assessments, such as are frequently necessary in Bengal, the most minute attention to local advantages and disadvantages is often in- dispensable. Inferior land, advantageously situated, will be found paying higher rent than better land in a less favorable position ; land in the middle of a plain, in every respect the same as land at the edge of the plain, may be found paying double the rent of the latter—trespassing cattle do not reach it. Land near the village may be found paying higher than land of the same sort at a distance from the village. No attempt should be made to remedy these necessary discrepancies; the only practicable uni- formity would be the reduction of all to the lowest rate : thus in the case instanced above, in order to establish uniformity of rate, it would be necessary to reduce all the rates to the rate paid by the land much exposed to the trespassing of cattle. } 42. The system of settlement followed in the Western Provinces, is entirely inapplicable to the ryotwaree assessment of small Muhals the collections of which } are to be made by Government Officers from the cultivators. In Bengal, Settle- ment Officers have not only to distribute the newly assessed jumma in each mouza of a Pergunnah; they have to determine what shall be paid by each individual ryot for the land he holds. To introduce an average uniform assessment with which all would be satisfied, might be to sacrifice 50 per cent. of the rental; but it is desirable to reduce the amount of the variations to the smallest possible extent; variations founded on no sufficient cause should of course be disallowed. Paras. 92 to 97+ of f Appendix, No. 31. the orders of the Western Board deserve great attention; and the rule laid down in para. 1031 respecting village assessment must, in the detailed settlements of f Appendix, No. 32. Bengal, be applied to ryotwaree assessment. The Settlement Officer must, by a careful inquiry into the details, ascertain the causes which give rise to the inequa- lities, reduce the demand where it presses too heavily, and raise it where it is too • low; and where good and sufficient cause is found for any considerable variation 520 CIRCULAR ORDERS, Circular, No. 843. Dec. 26, 1850. Q — —) —y * Appendix, No. 33. f Appendix, No. 34. j. Appendix, No. 35. § Appendix, No. 36. { from the ascertained average rate, state that cause succinctly and clearly in that part of his settlement roobukaree set apart for discussions respecting rates. 43. The orders of the Court of Directors circulated on the 12th January, 1838, must never be lost sight of Assessment according to the produce, and not according to the value and capabilities of the land, is never to be resorted to under any circumstances. This doctrine had previously been inculcated by the Circular Order of the 12th November, 1833, and the papers circulated with it. Para. 15t of the Governor General’s Minute says, “the demand of Government ought not to be proportioned to the value of the products grown; such a standard would directly discourage the cultivation of the richer articles.” 44. The orders of Government, dated 28th November, 1837, circulated on the 23rd January, 1838, No. 12, should be duly attended to, when the circumstances. of the ryots are such as to make such a system of settlement acceptable to them. These orders inculcate that each holding should be considered as a distinct farm ; that the aggregate amount of the annual rents paid in the past three years for the several fields composing it, should be recorded as the rent to be demanded from the occupant, to whom, if willing to engage for that rent, a lease should be granted for 3, 5, 10 or 20 years, as may be deemed most desirable; that the lease should specify the several fields comprised in the holding, and the lessee should be made clearly to understand that during the term of his lease he would not be required to pay any addition to the specified rent, whatever kind of produce he may cultivate. 45. This system of accepting former collections as a guide to assessment, is also mentioned with approval in the 46th& para. of the Minute by the Governox General, dated the 26th September. \- | Appendix, No. 37. *Appendix, No. 38. *Appendix,No. 39. 46. Where rents have been collected in kind, however inconvenient the system may be, it must not be inconsiderately superseded by a money rental. There cannot be many parts where, provided liberal terms of exchange are allowed, the ryots will not agree to a money assessment, and some sacrifice should readily be submitted to in order to avoid payment in kind. Should it be unavoidable, the provisions of Clause 2, Section 57, Regulation VIII. of 1793, will be carefully observed; the rate and terms of payment, and proportion of crop to be delivered, with every condition, will be clearly specified. V.—ADJUSTMENT AND RECORD OF THE RIGHTs of THE CULTIVATORs. 47. The difference between recording existing rights and creating new rights, is to be carefully attended to. In the words of para. 9 of the Circular Order of the 12th November, 1833," the Government only sanction the record of actually existent and acknowledged or established privileges, not their creation. 48. Under Clause 2,++ Section 9, Regulation VII. of 1822, Settlement Officers are competent “to grant pottahs to the ryots or other owners and occupants of land, for the land owned or occupied by them;” and in the 3rd para. º. of the SUDDER BOARD QF REVENUE. 52] orders of Government, dated 27th March, 1838,4 it was declared that Government having by far the greatest interest in the rental of all zemindarees open to settle- ment, has an unquestionable right to direct the adoption of the means best calcu- lated to promote their improvement; and the Court of Directors, in their letters of the 22nd December, 1830, para. 13,t and 9th March, 1831,f emphatically declared that no revenue system could be tolerable, that was not founded on a , definite agreement with each contributor. 49. The orders of the Board issued on the 18th December, 1838,8 in con- formity with instructions from Government, directed that pottahs should be given to all ryots in estates under settlement which belonged to the Government, or which were to be held khas in consequence of the recusancy of the proprietors; that in other Muhals, a specification of the holding or tenure of every ryot, and of the rent assessed on it, should be recorded in the settlement proceedings; that a copy of the recorded specification of his holding, and the rent thereof, should be given to every ryot desirous of having it; and that no higher rent should be demanded from a ryot by a zemindar until such rent was altered by mutual agreement. To this there might have been added “ or by suit in Court.” 50. The delivering to the ryots, as enjoined, of a copy of the jummabundee of settlement is no more, indeed, is a little less, than they are entitled to demand under the law, for when the rent of a ryot has been ascertained and settled, as it must be at a settlement, he may under Section 59, Regulation VIII. of 1793, demand a pottah from the party of whom he holds his land. 51. The term for which pottahs should be granted in Government Muhals, and in Muhals held khas in consequence of the recusancy of the proprietors, must, depend on circumstances. To use the words of the Honorable Court, the object to be kept in view is “to afford full encouragement to the spirit of improvement.” By the orders of Government, dated 28th November, 1837," such leases should be for 3, 5, 10 or 20 years, as may be deemed most advisable; and the lessee should be made clearly to understand, that during the term of the lease, he would not be required to pay any addition to the specified rent, whatever kind of produce he may cultivate. 52. When the ryots are substantial, and the land in such a state that no further improvement is to be looked for without the outlay of capital, leases should be long in order to encourage outlay. When the land is overrun with jungle, and much labour is necessary to clear it, leases should be long. When the ryots are poor, and there is evidently neither the inclination nor power to improve, leases should be of limited duration. When there is any intention of farming a Muhal, with a hope that the farmer will improve, leases to the ryots should not extend beyond the current year, for which period all ryots, under.all circumstances, have a right to demand that pottahs should be given to them. - - 53. The above rules, of course, do not apply when ryots have a right of possession at fixed rates; but no cultivators can claim such a privilege except those protectéd by Section 26,” Act I. of 1845. & Circular, No. 843. Dec. 26, 1850. \ J -N- * Appendix, No. 40. * Appendix, No. 41. † Appendix, No. 42. § Appendix, No. 43. | Appendix, No. 44. "[Appendix, N o, 45. *Appendix, No. 45. * 6 Q 522 CIRCULAR ORDERS, Circular, No. 843." Dec. 26, 1850. \ J N- * Appendix, No. 46. # Appendix, No. 47. | Appendix, No. 48. Ś Appendix, N o. 49. | Appendix, No. 50. * Appendix, No. 51. * Appendix, No. 52. †† Appendix, No. 53. O 54. When enhancement of rent may be imposed by a Settlement Officer, he must be careful in resumed Muhals to cause the notice required by Section 9,4 Regulation V. of 1812 to be served on the ryots, otherwise the owner, should he engage, will. be unable to recover the rents, which are the foundation of his settlement, VI.-DIsPosAL of CLAIMs To Hold RENT-FREE PETTY IIOLDINGS WITHIN THE © Estate UNDER SETTLEMENT. 55. It is to be premised that the same rules are not applicable to resumed and to purchased estates. In resumed estates, ſhe Government Officers can proceed against invalid lakhiraj holdings, under Regulations IX. of 1825 and III. of 1828. In purchased estates recourse must be had to Section 30, Regulation IT. of 1819, the Government having ruled on the 5th Marchi and 1st August, 1839, that Regulation IX. of 1825 “was inapplicable to Government purchased Muhals in the Settled Provinces.” 56. It is necessary before inquiries into the validity of tenures held rent-free in a resumed Muhal can be undertaken, that the notice prescribed by Clause 2, Section 5, & Regulation IX. of 1825 should have been issued. 57. The period allowed in the notice having expired, the Settlement Officer will proceed to dispose of all claims to hold petty tenures free of rent in the manner directed by Regulations IX. of 1825 and III. of 1828, and the Circular Order of the Special Commissioner, dated 16th June, 1842.] 58. Each case will be subjected to regular judicial investigation and decision; and should the decision confirm a tenure as lakhiraj, the case must be submitted within 15 days to the Commissioner of Revenue, as prescribed by the Circular Order of 1st June, 1837, No. 43." Should the decision be in favor of resumption, the Settlement Officer will proceed to assess the land under the provisions of Clause 3, Section 4,” Regulation III. of 1828. e 59. The rules dated 17th August, 1840, it circulated on the 16th September, 1840, must be carefully observed. No proceedings are to be commenced for the resumption of tenures not exceeding 10 beegahs, held rent-free since 1st December, 1790. If the produce of a lakhiraj tenure is bond fide applied to religious or charitable purposes, the fact is to be reported for the consideration and orders of Government. Tenures not originally hereditary, if held rent-free since 12th August, 1765, may, under certain circumstances, be relinquished. Lands held under as- signment for purposes in themselves permanent and perpetual, may be relinquished, notwithstanding the provision in Section 12, Regulation III. of 1828, though the sumnud contain no words declaring the perpetuity of the grant. Resumed tenures, which may have been held rent-free for 30 years corsecutively, are to be reported to the Government for favorable consideration. Claim to resume on account of non-registration only, is not to be enforced. Title to hold land lakhiraj shall not be questioned on the sole ground that it is not duly described as such in the SUDDER BOARD OF, REVENUE. 523 } specification of title which the law required to be given in for registry. The jumma to be demanded from the holder of a resumed lakhiraj tenure is to be at a rate not exceeding one-half of the gross rental, or in cases where the late lakhirajdar is the cultivator, one-half of the gross rent value of the land. 3. 60. Circular Order, No. 52, dated 7th August, 1838% prescribes the arrange- ment to be made for the collection of the revenue from these resumed shikmee tenures. The jumma is to be fixed at one-half the gross produce, as ruled above, and from this jumma, 10 per cent. is to be allowed the malgoozar for the risk and trouble of collection. This allowance of 10 per cent. on the jumma of the shikmee tenures is to be assigned to the malgoozar of the parent Muhal, whether the latter be crititled to a settlement at half rental or otherwise, for as the tenure formed no part of the assets of his lakhiraj, and the settlement of it is made with him merely as a matter of convenience, all that he can be entitled to is an equitable remunera- tion for the trouble and risk of collection. 61. In purchased estates, as the officers of Government cannot undertake proceedings for the resumption of invalid rent-free tenures under 100 beegahs situated therein, in the manner prescribed by Section 5, Regulation IX. of 1825, they will proceed under Section 30, Regulation II. of 1819, viz. by the institution of suits for resumption in the Collector's office, or in the Dewanny Adawlut. Should a decision be adverse, the Commissioner of Revenue, if he thinks fit, can appeal to the Special Commissioner under Section 5, Regulation III. of 1828.i. 62. It is to be borne in mind, that the rules of the 17th August, 1840, respecting the non-assessment of tenures not exceeding 10 beegahs, which have been Circular, No. 843. Dec. 26, 1850. _ Y * Appendix, No. 54. f Appendix, No. 55. held exempt from the payment of revenue since the 1st December, 1790, are appli- , cable to rent-free lands in purchased estates; and under Section 3 of these rules, should a purchased estate be let in farm, it is to be made an express condition of the lease that the farmer will not institute any process for the resumption of such tenureS. 63. The settlement of all resumed lands in purchased estates, will be made as in other estates brought under settlement, at half rates, under Section 13 of the rules above mentioned. 64. Of course the principles of assessment applicable to others are applicable also to the occupants of resumed land, the only difference being that they will pay half the rates imposed on others for lands of a like description. 65. It is to be understood that the mere assertion of a holder of land that he has not paid rent since 1790, will not be admitted by a Settlement Officer as neces- sitating the institution of resumption suit previous to assessment. A Settlement Officer may assume that all the holders of land in a purchased estate should pay rent. The onus of proving title to exemption rests with the occupant; should he produce any evidence primá facie corroborative of his claim to exemption, it will behove the Settlement Officer to abstain from assessment, and to institute a suit in order that the claim may be subjected to formal investigation. 524 CIRCULAR ORDERS, Circular, No. 843. Dec. 26, 1850. U —” Y. * Appendix, No. 56. † Appendix, No. 57. : Appendix, No. 58. § Appendix, No. 59. | Appendix, No. 60. "...Appendix, No. 61. **Appendix, No. 62. +tAppendix, No.63. †† Appendix, No.64, §§Appendix, No.65. |Appendix, No.66. VII.-PRovision FoR DAK AND PolicE. 66. In the settlement of both resumed Muhals and Muhals the property of Government, due provision will be made for the Zemindaree dak and the village police. * 67. By Circular Order of the 29th January, 1840, No. 2,” it was directed that in Muhals purchased by Government, adequate provision should be made for the performance of the police duties; and by Circular Order of the 19th June, 1841, t it was ruled that each chowkeedar should have three acres of average good land, or an allowance of 3 Rupees in money. 68. Should any chowkeedaree cess have been heretofore imposed on the land, it will, whichever ºf the above arrangements may be introduced, be incorporated with the rent. 69. The zemindaree or police dāks passing through resumed or purchased estates must be provided for at the settlement, and as directed in the Circular Order of 31st December, 1839, No. 34, the expense will be defrayed from the col- lections of the Muhals on account of which it may be incurred. 6 g VIII.-SELECTION of A MALGooZAR AND TERMs of SETTLEMENT. 70. As regards resumed Muhals, the Settlement Officer will determine who is the person entitled to engage, and will adjust the terms, subject to the revision of the superior Revenue Authorities. The resumption officer has no jurisdiction in the matter of settlement; as ruled in Circular Order of 18th March, 1840, Ś his jurisdic- tion is limited to determination of liability to assessment. © {} 71. As a general rule, settlement is to be made with the late lakhirajdar at half rates; but when the interests of two parties “malik” and “lakhirajdar” are to be adjusted, attention must be given to the rules laid down in Circular Orders of 14th June, 1837, No. 62;| 29th May, 1838, No. 38;"| 21st August, 1839, No. 22;ºk 16th April, 1839, No. 5;tt 26th February, 1840, No. 6, it and 29th July, 1840, No. 27.SS 72. Resumed towfeer lands are to be settled at full rates with any person who may prove his title to the same. 73. When all the subordinate arrangements have been completed, unless the person entitled to the settlement has petitioned, the Settlement Officer should endeavour to procure his attendance, and call upon him to engage and sign the necessary cubooleut, or to state in writing his objections, in order to their being considered, and, if practicable, remedied. Should the objections be inadmissible, the reasons for rejecting them should be recorded, and the estate forthwith farmed. 74. The settlement of alluvial land resuméd, should also be made with the occupant owner, as enjoined by Circular Order of the 30th April, 1833, No. 12.]|| Such lands belong to the proprietor of the estate to which a change in th; channel of the river has added it, and his right to it is exactly co-equal with that by SUDDER BOARD of REVENUE. 525 which he holds the estate to which the alluvion has attached itself. The proprietors, whether they have or have not disputed the claim to fix an assessment upon the newly-formed lands, have a right to admission to terms of permanent engagement whenever they may think fit to demand it, unless the alluvion have been let out in farm for a specified term in consequence of their recusance, and unless the incre- ment be not in a state for permanent Settlement, in which cases the local Commis- sioner will determine whether a temporary or a permanent settlement shall be made; and should the party entitled to settlement object to the consolidation of the jumma with that of the original estate, the increment shall be assessed as a distinct Muhal, as prescribed by Circular Order of 10th July, 1841, No. 21.4. If the increment be attached to a subordinate tenure, the holder of that tenure is entitled on payment of a suitable increase of rent to his superior, to hold the accretion; but the Collector will treat with such superior or malik as prescribed by Circular Order dated 30th September, 1834.f 75. When there is no right of property or permanent interest in the alluvial accretion, the orders of the Hon’ble the Court of Directors forbid a perpetual assessment, as promulgated by Circular Order of 15th July, 1824, No. 69.f 76. When the alluvial formation may be an island separated from the main- land by a channel not fordable at any season of the year, as described in Clause 3, § Section 4, Regulation XI. of 1825, the Zemindaree title being vested in the Government, there can be no right to engage in any party; but should a party have been allowed to break up the soil, occupancy should be respected in conformity with the spirit of para. 7 of the Circular Order of the 12th November, 1833.]] 77. In the settlement of alluvial lands with owners or farmers, the percent-, age on the jummabundee to be allowed must be fixed with careful reference to the condition of the Muhal, and the necessity or otherwise of the outlay of capital in order to its cultivation. Account must be taken of the just remuneration for labour, skill, and responsibility, and for the high interest on capital expended, and the sum necessary to replace the principal actually laid out; interest on capital expended must not be regarded as rent (paras. 123 and 124, Orders of Board N. W. Provinces.)‘ſ 78. “Russuddee” settlements, i. e., engagements to pay a gradually increas- ing jumma are not approved by the Government.* The most approved settlement of alluvial formations comprising considerable tracts of good land uncultivated, is a lease for four or five years rent-free, with a provision that on the expiration of the lease cultivation will be assessed on terms detailed in the engagement, which must, of course, be such as to ensure the farmer a fair return for his labour, risk and capital. 79. As ruled by Circular Ordcr, 28th May, 1850, No. 28, fit the settlement of an estate purchased by the Government is not to be made with the former proprie- tors, unless it is clearly proved that the estate did not fall into the hands of Go- vernment from the mismanagement of the proprietors. Circular, No. 843. Dec. 26, 1850. ) Y * Appendix, No. 67. f Appendix, No. 68. † Appendix, No. 69. § Appendix, No. 70. | Appendix, No. 71. * Appendix, No.72. *Appendix, No.73. fi Appendix, No.74. 6 R. 526 CIRCULAR ORDERs, O Circular, No. 843. 80. Though there are to be found among the Circular Orders, rules which Dec. 26, 1850. _j may be interpreted as inculcating the khas ryotwaree management of estates the U property of Government,” the system of farming such estates has been generally * Such as that of introduced with the approval of the Government, and upon the whole, doubt no 23rd January 1838, e tº a tº No. 12. longer exists that it is more advantageous than “ khas tuhsecl.” 81. That khas management can be most successful and more acceptable to the inhabitants of an estate than any other management has been proved, and it cannot admit of question that when the European public Officer thoroughly understands the duty and is willing to devote himself to the work, all classes must feel more secure under his management than as the tenants of a native landlord; but except- ing under the management of a most efficient and energetic Officer, khas manage- ment has never been found either profitable to the Government or acteptable to the people, and has throughout the Settled Provinces under the Bengal Government, except Cuttack, been gradually superseded by farms. 82. The conclusion of the settlement of a Government estate should be a farm for a period suited to the condition of the property, with such a percentage on the jummabundee as, with reference to the expense and risk in collecting the rents, shall give the farmer fair compensation. The Settlement Officer will exercise his discretion as to the demand of security, with due reference to the means and character of the farmer. 83. The final roobokaree of the Settlement Officer will be arranged as detailed + Appendix, No. 75. in the form annexed,t and an abstract of the information contained in the settle- + Appendix, No. 76, ment proceedings will be prepared, as heretofore, in the form now in use.; APPENDIX NO. I. See page 92. APPENDIX No. 2. ExTRACT FROM GOVERNMENT ORDER, NO. 136, DATED 26TH JANUARY, 1841." 53rd. The Governor desires that it may be an instruction to Mr. Campbell and to all resumption Officers under the Board, not to attempt the identification of SUDDER BOARD OF, REVENUE. 527 ..) any lands in one mouza, which by the taidad or by the register, amount in that mouza Circular, No. 843. to less than 50 beegahs. For example, suppose the taidad to run— Pergunnah. Mouza. Beegahs. Cottahs. Plassey, . . . . . . . . . . . . [Dacaiteapore, . . . . . . . . 1 1 000 0 Correanotter, . . . . . . . . 50 0 y Hurreespore, . . . . . . . . 0 15 Granted by Rajah Kishen Chand Bulrampore, . . . . . . . . 10 () in 1160 B. S. to the Idol Lukheena- Panhurea, . . . . . . . . . . 25 0 rain, Kasheenath Khan she wait. Sreerampore, . . . . . . . . 3 ,6 Total. . . . . 1 1089 l } The identification should be proceeded with in mouzas Dacaiteapore and Correanot- ter Only, and not in the other four mouzas. 54th. The same instructions, his Lordship desires, may be communicated to all settling and managing Officers of resumed Muhals under the Board. Thus, supposing the land in the above taidad to have been resumed and made over for management and settlement, the managing and settling Officers will deal as if the lands of the first named village were the only lands in the Muhal, and will take no notice of the rest. 55th. These orders seem to his Lordship to be absolutely necessary, both to protect the people from needless harassment, and to guard the Government from great outlay upon petty objects, which are in the end very unlikely to produce pro- fitable results; for it needs not to be pointed out to the Board, that even if it be possible to identify and to settle the small separate patches of which many of the lakhiraj Muhals are made up, it will be nearly impossible after settlement to pre- serve their integrity as distinct Muhals, and that, in a great majority of cases, the expense which they would occasion in identification, settling, and subsequent pre- servation, would be greater than their real value would warrant. 56th. It will follow of course from these instructions, that when a Muhal in the aggregate equal to or more than 50 beegahs, is stated in the taidad to be made up of separate parcels in different mouzas each of which is less than 50 beegahs, the resumption is not to be proceeded with ; nor the identification, if it have been re- sumed; nor if resumed and identified, the settlement. 57th. It has been a question with his Lordship whether the limit now fixed at 50 beegahs, might not properly be made 100 becgahs. But after careful considera- tion, it has been deemed sufficient in the present orders to fix 50 beegahs, leaving the Board to enquire into, and at their leisure to report upon, the propriety of ex- tending the limit or not hereafter. Dec. 26, 1850. J Y- 528 CIRCULAR ORDERS, Circular. No. 843. Dec. 26, 1850. \ —J Y APPENDIX No. 3. SECTION 24, REGULATION VII. OF 1822. © First.—It shall and may be lawful for a Collector or other Officer exercising the powers of Collector, preparatory to making or revising a settlement as aforesaid, to depute any tubseeldar, canoongoe, ameen, or other fixed or temporary Officer to any village or Muhal, whether the same be managed by a Zemindar or farmer, or be held khas, to enquire into the various matters which such Collector or other Officer is required or empowered to investigate, in order to form a settlement in the mode prescribed by this Regulation. Any such native Officer so deputed as above, shall be deemed to be vested with the power of summoning and examining"putwarrees, gomashtahs, or other persons by whom the accounts of the village or Muhal may be kept, in the same mammer and with the same powers as is provided for Officers deputed under Section 25, Regulation XII. of 1817. Furthermore, in case the Collector or other Officer may so prescribe, the said tubseeldar or other person shall be empowered to make a measurement of the village or Muhal into which they may be deputed, and to summon any mokuddums, pudhans, ryots or other residents, and to call upon them to point out the boundaries of such village or Muhal, and to furnish information as to all matters relating to the land and the rights and interest attaching thereto ; and any person contumaciously withholding information from an Officer deputed as aforesaid, shall be liable, on the same being established to the Collector’s satisfaction, to the same penalty as is prescribed for putwarrees refusing to attend or give evidence, © Second.—Provided also, that any person who may, by force or threats, obstruct or resist the execution of any legal process, requisition, or order of a Collector or other Revenue Officer, shall, in addition to the penalties prescribed by the existing Regulations for such act, be liable to a fine not exceeding two hundred rupees, or to imprisonment in the Dewanny jail for a period not exceeding two months; the said fine or other penalty to be adjudged by the Collector after proceeding duly held and recorded, and the sentence to be immediately reported to the Board to which he may be subject. Third.—Provided further, that all police Officers shall aid and support the execution of all process and orders issued by a Collector or other Officer aforesaid, on the responsibility of the Officer issuing or executing the same : and if any affray or breach of the peace shall occur in consequence of any resistance or obstruction being made or attempted, to be made, to the legal process or order of a Collector or other Revenue Officer, the parties resisting or obstructing such process or order, shall be punishable for the affray or breach of the speace, and the Revenue Officers shall not be liable to any criminal prosecution on that account. suDDER BOARD OF REVENUE. 529 w APPENDIX No. 4. SECTIONS 23 AND 25, REGULATION XII. OF 1817. Section 23. If any putwarree shall neglect or on: to produce his original accounts on the requisition of a Collector, or to give his evidence respecting them, the Collector is hereby authorized and empowered to cause the said putwarree to be apprehended, and to order him to be confined in the Dewanny jail of the District until he produce his accounts, or shew sufficient cause for not producing them. In such cases the putwarree shall be sent by the Collector with a roobukaree to the Judge of the city or Zillah, stating the purport of the order passed against him, and the Judge shall, on those grounds, commit the putwarree to jail, and detain him until he produce the accounts, or until the Collector applies for his release. Section 25. In any case in which a Collector of land Revenue shall have occasion to depute an Officer to examine the accounts of any village or villages, he is authorized to require the putwarrees to attend such Officer, and the Collector is further empowered to grant to such Officer a commission to swear the several putwarrees whose accounts are to be inspected, inserting in the commission the name of each putwarree to be sworn; and if any such putwarree shall neglect or refuse to attend such Officer with his accounts, or to give his evidence respecting them, when duly required to do so by a written notice from the Collector, the Collector is hereby authorized and empowered to proceed against such putwarree in the same mode as if he had refused or neglected to attend, or to give his evidence before the Collector himself. ..) tºmºsºmºmºmº- º APPENDIX No. 5, CLAUSE 2, SECTION 19, REGULATION VII. OF 1822. The rules contained in Section 11, Regulation II. of 1819, relative to the mode of serving process on persons who may be required to attend and produce accounts under the provisions of that Regulation, shall be and be held applicable to processes issued by Collectors or other Officers under the rules contained in this Regulation. In like manner the provisions of Section 12 of the said Regulation shall be applica- ble to all putwarrees, gomashtahs, or other persons, by whom the accounts of any lands regarding which the said enquiries may have been instituted, may be kept, and who after being duly summoned, as aforesaid, may neglect or omit to produce any of the accounts required from them, or to give their evidence regarding them, or who may deliberately give a false deposition on oath or solemn declaration when summoned and examined as aforesaid, or who may alter, fabricate, falsify, or mutilate the accounts which they may be required to produce : provided further that Collectors and other Officers employed in the settlement of the land Revenue, or in any of the enquiries specified in this 'Regulation, shall be vested with all the Circular, No. 84 Dec. 26, 1850 C Y- 3. J 6 S 530 CIRCULAR ORDERs, Circular, No. 843. Dec. 26, 1850. \ Y. —J powers and authority which are or may te lawfully exercised by Collectors in cases depending before them under Regulation II. of 1819, and the rules contained in Clause 3, Sections 13, 14, and 19, of the said Regulation, shall be and be held applicable to all persons $ho may be summoned by any Collector or other Officer aforesaid, or who may resist the process of a Collector issued under the rules of this Regulation, or who may refuse to take an oath or subscribe a solemn declaration when required, or who may deliberately give a false deposition on oath, or under a solemn declaration taken instead of an oath, or may cause or procure another to do so. O APPENDIX No. 6. SECTION 12, REGULATION II. OF 1819. If any putwarree, gomashtah, or other person by whom the accounts of lands are kept, and who may be summoned by a Collector or Commissioner under the pro- visions contained in Sections 9 and 11 of this Regulation, shall neglect or omit to produce his original accounts on the requisition of the Collector or Commissioner, or to give his evidence regarding them, or shall intentionally and deliberately give a false deposition on oath before the Collector or Commissioner when summoned and examined as aforesaid, or shall alter, fabricate, falsify or mutilate the accounts relating to such lands, or to the estate to which such lands are stated to belong, he shall be and be held liable to the pains and penalties specified in Sections 23, 26, and 27 of Regulation XII. of 1817, according as the provisions of one or other of those Sections may be applicable to the offence committed by him. O APPENDIX No. 7. CLAUSE 3, SECTION 13, REGULATION II. OF 1819. Tºrovided also, that if any proprietor or farmer shall omit or refuse to attend, or to cause his Officer or agent to attend when duly summoned by the Collector or Commissioner, by the time prescribed in the notice issued by the Collector or Commissioner, or shall omit or refuse to furnish the accounts or documents required, and to shew sufficient cause for such omission, the Board of Revenue or other Authority exercising the powers of that Board are authorized and empowered to impose upon him such daily fine, to be payable daily until he complies with the Collector’s requisition, as they may think adequate to his situation and circumstances in life, reporting however the amount for the information of the Governor General in Council. The fine, when confirmed by Government, is to be levied by the same process as is prescribed for the recovery of arrears of Revenue. O º suppER BOARD OF REVENUE. 531 \ APPENDIX No. 8. ACT NO. XX. OF 1848. An act for better enforcing the attendance of proprietors and farmers of land before Collectors of land Revenue in the Lower Provinces of the Bengal Presidency. Whereas, by sundry Regulations of the Bengal Code, provision is made for the imposition of a daily fine by the Board of Revenue or other Authority exercising the powers of that Board, on any proprietor or farmer of land, subject to the provi- sions contained in the said several Regulations, who, when duly summoned by the Collector or other Officer exercising the powers of Collector, shall omit or refuse to attend, or to cause his Officer or agent to attend, or to furnish the accounts or documents required, and shall not shew sufficient cause for such omission ; and it is further provided, that the fine, when confirmed by Government, is to be levied by the same process as is prescribed for the recovery of arrears of Revenue; and whereas in many cases, by the delay thus occasioned, the whole burden of the penalty is greatly increased beyond what would be necessary if summary power were given to the Officer by whom the requisition is made to impose and levy reasonable fines, subject to review by the Commissioner of Revenue and other superior Authority, it is enacted as follows: I. If any proprietor or farmer of land shall omit or refuse to attend, or to cause his Officer or agent to attend, whem duly summoned by the Collector, in any case specified in any of the said Regulations, by the time prescribed in the notice issued by the Collector, or shall omit or refuse to furnish the accounts or documents required, and shall not shew sufficient cause for such omission, the Collector may impose of his own authority such daily fine, to be payable daily until compliance with the requisition, as he may think adequate to the situation and circumstances in life of the defaulter, not exceeding in any case the daily fine of fifty rupees : and the amount of such fine, accruing due from time to time, may be levied without further confirmation, by the same process as is prescribed for the recovery of arrears of Revenue. II. The Collector shall forthwith report the imposition of every such fine and the amount thereof, and also from time to time the amount levied, to the Commis- sioner of Revenue, who shall report the same for the information of the local Go- vernment. III. Every order passed by a Collector under this Act shall be appealable in the usual manner to the Commissioner of Revenue, and other superior Authority; but no such appeal shall avail to prevent the levy of any fine so imposed pending the appeal. ~' IV. Whenever the amount levied under any such order issued for any default by authority of a Collector under this Act, shall have exceeded five hundred rupees, the Collèctor shall report the case specially to the Commissioner of Revenue; and Circular, No. 843. Dec. 26, 1850. \ Y- J 532 CIRCULAR ORDERs, O Circular, No. 843. no further levy for such default shall be made otherwise than by authority of the Dec. 26, 1850. \- Commissioner of Revenue. V. Nothing in this Act contained shall be deemed to repeal the power of im- posing daily fines and of levying the fines so imposed in the manner prescribed by the said several Regulations. VI. The word “Collector” used in this Act shall be taken to mean any person lawfully exercising the powers of a Collector. VII. This Act shall not extend to the North West Provinces of the Presidency of Bengal. APPENDIX No. 9. See page, 379. APPENDIX No. 10. See page, 392. APPENDIX No. 1 1. See page, 331. APPENDIX No. 12. See page, 71. APPENDIX No. 13. GOVERNMENT ORDER, No. 1069, DATED 1 ST AUGUST, 1839. I am directed to acknowledge the receipt of your letter, No. 266, of the 5th June last, with the minutes to which it gave cover, on the subject of the operation of Regulation IX. of 1825 in Muhals within the permanent settlement purchased by Government at auction sales for arrears of Revenue. 2nd. If the object of the Board were to prove merely that “the provisions contained in Clause 6, Section 2, and in the thirty-three following Sections of Regulation VII. of 1822, as far as the same may be applicable,” are to be considered in force in Muhals purchased by Government, as well as in other khas Muhals, the Deputy Governor would have no difficulty in agreeing with the majority of the Board, for as the act of sale cancels or avoids the greater part, or the whoſe of the SUDDER BOARD OF. REVENUE. 533 O tenures in such an estate, and thereby necessitates a re-settlement of those tenures, it seems quite reasonable that these re-settlements should be effected in the same manner as other settlements, viz., under the provisions of the law above quoted, and this appears to the Deputy Governor to be the actual state of the law, at the present time. 3rd. But the Board appear to argue, because the second Clause of Section 2, Regulation IX. of 1825, relates to the application of Regulation VII. of 1822 to the re-settlement of cancelled tempºres in Muhals purchased by Government, that therefore Section 5, Regulation IX. of 1825 renders it legal and proper to try after the law and practice of resumption suit, and subject to appeal to the Special Com- missioners, all claims to hold tenures at fixed rents which may arise in the course of re-settlement in such Muhals, between the Government and its new tenants. 4th. To this conclusion, which appears contrary to the meaning of the Section quoted, and certainly does not precisely follow from the Board’s premises, the Deputy Governor can by no means assent. 5th. It appears to his Honor that the existing Regulations fully provide for all cases of disputed rents of under-tenures which arise (whether to the Government or to any other purchaser), on the occurrence of an auction sale; or if there be any difficulties, they are only such as are common to all purchasers, and will be remedied in the new sale law now speedily about to appear. 6th. The Deputy Governor sees no probable advantage to the State, and great likelihood of distress and injustice to the ryot, in making a resumption suit of every case of this nature, and he cannot agree with the Board either that the Government never purchases for a gain, or that it does so frequently, or so necessarily purchase at a loss, as to render it just and proper to give to it when a purchaser, by way of advantage, a mºde of determining its disputes with tenants which is not possessed by individual purchasers. APPENDIX No. 14. CLAUSE 4, SECTION 14, REGULATION VII. OF 1822. If any person shall complain to a "Collector or other Officer making or revising the settlement of any Muhal, that he has been wrongfully dispossessed from any lands, premises, crops, orchards, pasture grounds, fisheries, wells, water-courses, tanks, reservoirs, or the like, within such Muhal, or of the rents, produce or profits of such lands, premises, &c., the like as aforesaid, or that he has been wrongfully disturbed in the possession thereof, it shall be competent to the Collector or other Officer aforesaid to enquire into"the matter; and if the party so complaiming shall appear to have been in possession in the year preceding that in which the complaint is brought, and there shall otherwise be reason to believe that he has been violently or wrongfully dispossessed or disturbed, it shall be competent to the Collector to Circular, No. 843. Dec. 26, 1850. \- Y. J 6 T 534 CIRCULAR ORDERs, Circular, No. 843. Dec. 26, 1850. Y- —” Q restore or confirm him, recording the grounds of his determination in a roobucaree, and the opposite party shall in such case be left to bring a regular suit in court to try the question of right. In like manner, should a Collector or other Officer as aforesaid find that there exist in any Muhal of which he may be making or revising the settlement, any disputes relative to the possession of lands, premises or the like, which it may be expedient to adjust, it shall’be competent to the Collector or other Officer aforesaid to pass a decision determining the point of possession, leaving the question of right, if further disputed, to be settled by the result of a regular suit in the Adawlut, O APPENDIX No. 15. SECTIONS 7 TO 10, REGULATION IX. OF 1833. Section 7. After duly considering the statements and evidence offered by the parties, or in case of the default or recusance of either, the statements and evidence produced by the party in attendance, the punchayut shall declare their opinions, and judgment shall be recorded according to the sentence of the majority. The superior Revenue Authorities will, from time to time, issue such rules of practice for the guidance of the Officer employed on this duty, or the punchayuts, as they may consider necessary. 8. No appeal shall be allowed from such decisions, which shall be imme- diately executed and maintained, unless the Commissioner, subject to the control of the Sudder Board of Revenue, should think proper, for any special reason, to direct that the case shall be submitted to another punchayut for decision. O 9. Any suit brought before any Court of justice to set aside a decision made in conformity with the above rules, shall be nonsuited with costs. 10. In like manner, any suit brought before any Court of justice, against the arbitrators, collectively or individually, appointed in conformity with the rules prescribed, to recover from them the value of the property lost by the decision founded on their award, shall be nonsuited with costs. 535 —- sº APPENDIX NO. 16. FIELD BOOK OF BOUNDARY. FIELD BOOK OF INTERIOR DETAIL. e DISTANCEs. O .5 ſ # 3 DISTANCEs. -: # DISTANCEs. O © # tº tº 3 3 || 3: e .# *: Sº- sp -: .# § 7" | 2 || 0 | ... . 3 REMARKs. 7, as e 3 REMARKs. ° ‘F | So || 3 || 3: $2 || 3 || 3 || 3 || 3 || 3 © $2 || 2 || 3 || 3 3 || 3 c || 3 || 3 || 5 | E ‘à || 3 || 5 || 5 || 3 || 3 3 || 3 || 5 || 5 || 3 || 3 2, ſo | Pº | C | O 6 | dº | 3 || 3 || 5 | E c c || 3 || 3 || 3 || 2: Z || 2 | Cº ſº | O O O 2, 2, ſº | Cº O | O *==== | | 205 || | | 12 0 1 || 8 O Muhal, No. 663. 10 | 68 Muhal, No. 527. 2 292| 0 || || 3 0 85%|106°| 0 || 13 || 0 || Commenced boundary Tham, No. 8. fl7 97}| 1 || 0 || 8 || Commenced Tham, No. 68. 3 || 20 || 2 || 2 || 0 86 || 1 || || 3 || 5 || 8 || Closed ditto ditto ditto, 84. 63 | 12#| | | | 1 || 4 || Closed ditto ditto 63. 4 || 285| 0 || 4 || 0 84 20%| 6 7 O 5 198| 1 3 () * 6 || 1 || 0 || 0 || || 6 0 1 1 || 8 | Chitta land belonging to Mouza Nun- 7 | 186|| 6 || 19 0 118 180° | 1 | 1.4 8 dumbatee, No. 42, Thakbust, Per- 8 || || 06| 1 | 16 0 2 || 77 Muhal, No 663. gunnah Haveleshur, Muhal, No. 9 | 167| 3 2 0 77}|300°]. I I 8 || Commenced Tham, No. 77. | 193. 10 || || 02| 2 || 2 || 0 87 | 199 || 4 || 7 || 4 || Closed ditto ditto 76. l 19 |286 || 0 | 16 || 0 || Commenced Tham, No. 81. 11 | 190| 1 || 3 || 0 88 || 00 0 | | 8 0 | 20 || 05 1 | 16 0 | Closed ditto ditto 1 18. 12 || || 07| 2 l 0 89 || 17 | 1 || 10 | 12 12 1 || 1 || 8 || 0 || 4 || 8 13 | 192| 3 || 15 || 0 76 27 2 l 0 | 22 189 l 3 12 14 | 125 | 1 2 0 123 || 17}| 0 || 5 || 4 15 | 120] 2 | 15 || 0 124 || 79 l 2 || 0 | Connected Tham, No. 126, with | 6 || 120 | 3 4 0 e |25 | 99 0 || 1 || 0 | Tham, No. 87, bearing 94°, dis- J 7 || 22 || 1 0 0 3 17 Muhal, No. 663. | 26 #| 1 || 15 0 | tance 1 b. 15 c. 12 c. | 8 || 1 || 0 || || 7 || 0 90 | 93° 0 || 14 || 8 || Commenced Tham, No. 17. 127 274 || 0 || 8 || 8 19 || 194| < 0 || 1 || || 0 91 - 93 || 1 || 14 || 4 || Closed ditto ditto 90. 1 18 || || 4 || 2 || 8 || 4 20 196|| 2 || 13 || 0 92 || 6 || 2 || || || 0 lºgº*. 2 I | 104|| 1 || 2 || 0 93 |271 || 1 |* 5 || 4 22 || 19.4|| 1 || 4 || 0 94 359 l 2 || 8 © | 2 || 06 Chitta land belonging to Mouza Nun- 23 106| 0 | 15 () 95 |274}| 1 || 4 || 0 128 143}| 0 || 14 || 8 | dunbatee, No. 42, Thakbust, Per- 24 || 80 l | 12 || 0 96 || 85 I 3 0 129 |218 l 17 8 gunnah Haveleshur, Muhal, No. 25 24 || 3 3 0 97 98 || 0 || || 3 || 0 l 193. e Q. 26 307| 1 || 5 || 0 90 18] 2 3 0 130 |289 0 || 14 | 12 Commenced Tham, No. 106. 27 20|| 4 || 14 0 131 6 l 0 | 8 || Closed ditto ditto 128. 28 109|| 1 8 0 132 |278 0 7 | 12 29 22| 2 | 1.4 0 133 5 0 | 18 || 4 30 || 1 || 6 || 2 2 0 4 || 36 Muhal, No. 663. 134 (278 || 0 || 13 || 8 31 || 63| 0 || 8 || 0 98 |280°| 1 7 0 | Commenced Tham, No. 36. 135 |345 || 0 || || 1 8 || Connected Tham No. 144, with Tham, 32 15| 4 5 0 99 |280 || 0 | 10 || 8 || Closed ditto ditto 98. 136 |283%| 1 || 6 || 4 || No. 28, bearing 1 16}", distance 33 28 l | 12 || 0 100 |209 || 2 || 4 8 137 |216#| 0 || 17 | 0 1 5. 9 c. 0 c. 34 20|| 4 || 1 | O 101 || 08 || 0 | 19 || 0 138 || 07 | | | || 0 || 0 35 | 303|| 0 || 13 || 0 98 || 17; 2 5 8 139 198 2 6 8 36 29| 1 | 12 0 140 || 10 l 4 8 37 297 3 7 0 m= | *ºmº | 4 l 201 4 || 19 0 38 || 23 l | 0 6 0 142 || 17}| 0 || 10 8 39 296|| 1 || || 0 0 5 | 89 Muehal, No. 527. 143 || 84 || 1 || 14 || 8 40 292 0 | 12 || 0 89%| 27°| 1 || 4 || 0 || Commenced Tham, No. 89. 144 #| 1 || 14 || 0 4 l 205| 0 || 8 || 0 | 02 || 04 1 | 3 || 8 || Closed ditto ditto 75.” 145 | 19 || 1 || 7 || 8 42 | 199|| 0 || 6 || 8 75 || 1 || || 0 || || 5 || 8 146 |379 || 1 || 10 || 0 43 206| 1 || 7 || 0 O Ge ! 47 25 2 15 8 44 292] 1 4 () *º-º-º-º-º: *** 148 ||108}| 0 || 1 | 8 45 16|| 0 7 0 149 24 3 3 || 8 46 298|| 0 || 1 | 0 (j || 44 Muhal, No. 527. 150 |124; 1 2 || 0 47 || 3 ||3| 0 3 0 103 (203°| 1 || || 1 || 8 |Commenced Tham, No. 44. 151 22 || 0 | 15 || 0 48 23| 0 || 8 || 0 ! 04 284 0 || 1 7 0 |Closed ditto ditto 103. 128 |323#| 1 7 | 12 49 3 || 0 || || 0 0 ! (95 || 92 l 2 | 8 50 | 35 || 0 3 0 106 | 97%| 0 || 17 | 0 & 51 293| 0 || 9 || 0 103 | 1.4} ] l 4 13 | 95 - Chitta land belonging to Mouza Putty 52 272| 0 || 13 0 152 (330°| 1 || 14 || 0 || Kappa, Pergunnah Arsha, District 53 26|| 1 | 18 || 0 *=s* 153 |315 || 0 || 17 || 0 || Hooghly, Thakbust of Pergunnah 54 || 1 12| 0 || || 4 || 0 | 54 (205 0 || || 6 8 Haveleshur, Muhal, No. 58. 55 26|| 0 || 13 0 100 Chitta land belonging to Mouza Num- 155 |138}| 0 | 18 || 8 || Commenced Tham, No. 93. 56 || 107 || 0 || 8 || 0 107 (221** 2 || 1 || 0 | dumbatee, No. 42, Thakbust, Per- 152 24 || 0 | 16 || 8 || Closed ditto ditto ditto 152. 57 || 24|| 0 || 1 || || 0 108 (285}| 0 || 14 || 8 gunnah Haveleshur, Muhal, No. 58 | 6 || 0 || 1 | 0 l 193. * 59 300|| 0 || 1 | 0 | ()0 |203 1 14 0 | Commenced Tham, No. 100. e e 60 17| 0 || | 3 || 0 | | 0 || 06 || 0 || 17 | 12 | Closed ditto ditto 107. 14 l 5 Chitta land belonging to Mouza Joy- 6 || || 298| 1 || 4 || 0 107 | 1.7%| l ; 13 | 12 Connected Tham, No. 1 1 0, with kishenpore, No. 54, Thakbust, Per- 62 283| 0 || || 6 || 0 k Tham, No. 33, bearing l 14°, dis- gunmah Haveleshur, Muhal, No. 63 || 353 () 6 0 tance 2 ö. 4 c. 4 c. 432. 64 290 0 || || 6 0 156 | 1949 4 2 || 4 || Commenced Tham, No. 15. 65 209|| 0 9 0 — Closed ditto ditto 13. 66 igó 0 18 0 13 2.75 1 | 10 0 | Connected Tham, No. 156, with 67 192|| 0 || 13 0 | 02 Muhal, No. 663. Tham, No. 153, bearing 123°, dis- 68 i36|| 0 || 8 || 0 l l l || 14}| 1 || || 5 || 4 || Commenced Tham, No. 102. tance 3 b. 2 c. 8 c. 69 195| 0 || 8 || 0 | | 2 || || 7 1 || 1 || 0 | Closed dit to ditto 74. 70 || || 86|| 0 6 0 74 |289 ] | | 3 8 wº- w- 7 l 22 || 0 9 0 - 1 5 || 40 Muhal, No. 468. ź # . º . 44 Chitta land belonging to Mouza Nuu- 157 |100° 0 || 9 || 3 || Commenced Tham, No. 140. 74 || 2 || 4 || 0 || | 1 || 0 l 13 167°| 0 | ] (; "| 0 dunbatee, No. 42, Thakbust, Per- 158 |201 0 | 13 4 Closed ditto ditto 157. O 75 290 l l 0 114 (205 0 | 1.4 () gunnah Haveleshur, Muhal, No. | 59 || 2 | 0 | 1.4 8 * 76 20|| 0 5 0 l 193. 160 || 94 0 7 3 Connected Tham, No. 162. with 77 300 3 8 0 l 15 105 || 0 | 18 || 0 || Commenced Tham, No. 44. . 161 99 || 0 || 5 || 8 || Tham, No. 129, bearing 15°, dis- 78 5|| 0 || 3 || 0 1 | 6 24}| 0 |el 2 8 Closed ditto ditto 117. 162 | 1.5 l l 0 tance 0 b. 6 c. 0 c. - 79 || 292 0 || || 5 0 | | 7 |289 0 | 18 4 157 |281 0 | 19 0 80 204 || | | | 1 0 . O 81 294|e 2 || || 3 || 0 © 82 22| 0 5 || 0 83 || 30 || 2 2 0 Zemindar's signature (Signed) BANEEMAD HUB Koon D, Ameen. 84 27| 1 || 13 || 0 wherever convenient on the map. (Signed) A. B. 85 29 || | | | 5 || 0 Superintendent of Survey. STUMBosłłUMAREE OF MoUzA, PUTTY KAPPA, &c 536 APPENDIX No. 17. PERGUNNAH ARSHA, ZILLA Hoogh LY. © GENERAL REMARKS. *— . . S++ . . O 5 O 5 © Ž # |Name of the Ryot on whose ground the Thams are fived. Ž 3 Name of the Ryot on whose ground the Thams are fiased. à CO 1 On the north-west of the village and south-west of 81 || On the south of Oomâchurn Banerjee's bansber. *~~~. . . e Oomachurn Bundopadeah's bans-bagan, and on the 82 | Ditto ditto. This village is bounded as follows:– east side of Goburdhun Mundul's jotejumeen. 83 | South of Annundo Gangolee's field. e 2 | West of Kaseenath’s Pal’s field. 84 | North-east of ditto's jotejumeen. O From No. 1 Tham to No. 23 Tham by Mouza Joykissenpore, 3 | North-west of ditto ditto ditto. 85 | North-west of Bungsee Pal’s field. ,, 23 35 (3 9 3 Dareealah. 4 | West of Tonoo Biswas’s ditto. 86 Adjoining on the east of Tonoo Biswas’s field. , 26 3 5 32 5 5 Naugdoho. 5 | North-west of ditto ditto. 87 | South-west of ditto ditto. ,, 32 35 79 ... • Rappa. 6 | South-west of ditto ditto, 88 | South-east of ditto ditto. O ,, 79 5 y l 5 5 Poleenbatee. 7 | West of Bydonath Barooee's ditto. 89 || Adjoining ditto ditto on the east. 8 | South-west of Tonoo Biswas’s ditto. 90 | . South-west of Ramdhun Biswas’s field. 9 | South-east of Kassee Pal’s ditto. 91 | North-west of ditto ditto. 10 | South-west of Gooroochurn Biswas's ditto. 92 | South-west of ditto ditto's jotejumeen. 11 | East of Ramdhun Biswas’s ditto. 93 | North-west of ditto ditto. 12 || South-west of Bungsee Pal's ditto. 94 | North-east of ditto ditto. The names of the Munduls and Mookedhs are :- 13 | East of Ramdhun Biswas's ditto. 95 | South-east of ditto ditto. 14 | West of Bungsee Pal's ditto. 96 | North of ditto. Pissonath Sareer, Gomashtah. 15 || On the jungle or road. 97 | South-west of Kaseenath Pal’s jotejumeen. Shreehurry Bundopadeah, Gomashtah. 16 | Ditto ditto. 98 | North-east of ditto's field. Gooroochurn Biswas. 17 | Ditto ditto. 99 || North-west of ditto ditto. Gudadhur Haldar. 18 | South-west of Gooroochurn Biswas’s field. 100 | South-west of ditto ditto. Chunder Moochee. 19 | West of Bungsee Pal’s ditto. 101 | South-east of ditto ditto. Shamachurn Chowkeedar. 20 | On Gobind Mundul’s ditto. 102 | Ditto ditto. 21 | On Loknath Ghose's ditto. 103 | North-east of Radhanath Mullick's jotejumeen. 22 | Gooroochurn Biswas’s ditto. 104 | North-west of ditto ditto. 23 On Godadhur Ghose's ditto. 105 | South-west of ditto ditto. 24 Adjoining Ramdhun Haldar's ditto. 106 | South-east of ditto ditto. © 25 | East of Chanda Moochee's ditto. 107 | Nortifieast of Bungsee Pal's ditto. Statement of Ameen Bameemadhub Koqnd. 26 || On jungle or road. 108 | South-east of ditto ditto. 27 | East of Gooroochurn Biswas’s field. 109 | South-west of ditto ditto. On my arrival at this village, I demarcated the exterior 28 | North-east of Now.cowree Pal’s ditto. 110 | North-west of ditto ditto. © boundary in the presence of" consisting of 85 29 || Adjoining ditto ditto on the east. 111 | South-east of Kaseenath Pal’s jotejumeen. Thams. I then demarcated the lands of No. 663, Kismut 30 | Ditto ditto ditto on the south. 112 | North-east of ditto ditto. Putty Kappa, &c. in the º off consisting 31 || On the jungle or road. 113 | North-west of Bungsee Pal's ditto. of 5 separate chucks. I then demarcated the lands of 32 | Ditto ditto. O • | 114 | South-west of ditto ditto. No. 527, Sreetrobatee, in the presence off COIl- 33 | Ditto ditto. 115 | South-east of ditto ditto. sisting of 3 separate chucks. I then demarcated the de- 34 | Ditto ditto. 116 | North-east of ditto ditto. tached lands in the presence of $ as per statement 35 | Adjoining Kaleechurn Pal's field on the east. 117 | South-east of Seetul Day's shop. given above. The remaining portion of the village belongs 36 | North-east of ditto ditto. 118 | North-east of ditto ditto. to No. 468, Turruff Shamnuggur, District Nuddea. There 37 | South-east of Ramdhun Haldar's field. 119 | North-west of ditto ditto. are no disputes in any of the boundaries.| This 38 | North-east of Kaleechurn Dass's ditto. 120 | South-west of ditto ditto, paper is prepared with the greatest care, and I hereby 39 || North-west of ditto ditto. 121 | South of ditto ditto. attach my signature. 40 || On the Puteet. 122 | South-west of ditto ditto. (Signed) BANEEMADHUB Roon D, 4.1 | North-west of Chunder Mitter's field. 123 | South of ditto ditto. Ameen, under Doorgapersad, Deputy Collector. 42 Adjoining ditto ditto on the east. 124 | South-west of ditto ditto. 43 | South-east of Chunder Mitter's field. 125 | South-east of ditto ditto. NoTE.—Any further remarks can be entered here, and 44 | North-east of Tadhanath's ditto. 126 | North-east of ditto ditto. if the lands are so interlaced that a khusreh measurement 45 || On jungle or road. 127 | North-west of ditto ditto. is actually necessary, it should be stated here. 46 | North of Kaseenath Pal's jotejumeen. 128 | North-west of Radhanath Ghose's field. 4. Ditto ditto. 129 | West of ditto ditto. 48 || Adjoining ditto ditto on the east. 130 | East of ditto ditto. * Here name individuals present. 49 | Ditto ditto. 131 | North-east of ditto ditto. + Ditto Ditto, 50 | Ditto ditto. | 132 | East of ditto ditto. f Ditto Ditto, 51 | On the bastoobatee of ditto's field. 133 | N orth-east of ditto ditto. i If * º any * they may be specified instead of the 52 Ditto ditto. 134 East of N owcowree Pal's jotejumeen. above remark. It is of the greatest importance tº at disputes should 53 || On the Puteet. 135 | North-east of ditto ditto. The adjusted before the Thakbust papers are made over to the 54 | South-west of Ramdhun Haldar's jotejumeen. 136 | North-west of ditto ditto. Surveyor. 55 | South-east of ditto ditto bastoobattee. 137 | South-west of ditto ditto. 56 | East of ditto ditto's field. 138 Adjoining Radhakant Ghose's jotejumeen. 57 On bastoobatee of Gooroochurn Biswas. 139 South-west of Rajchunder Pal's ditto. 58 | Ditto ditto. 140 | South-east of ditto ditto. 59 | Ditto ditto. 141 | North-east of ditto ditto. (30 Adjoining ditto ditto on the east. 142 East of ditto ditto. 61 || On Goluck Pode's jotejumeen. 143 | North-west of ditto ditto. 62 On ditto's bastoobatee. - 144 | North of ditto ditto. 63 | North of Sumbhoo Pode's bansber. 145 || Adjoining ditto ditto. 64 | Ditto ditto. - 146 | South-east of ditto ditto. 65 | Ditto ditto. 147 | North-west of ditto ditto. 66 | West of ditto. 148 || North of ditto ditto. 67 | North of ditto ditto's field. 149 || Adjoining ditto ditto. © O 68 || On Huro Pode's bastoobatee. 150 South-east of ditto ditto. 69 || On Isser Parooee's ditto. 151 | North-east of ditto ditto. 70 On ditto's bansber. 152 | South-east of ditto ditto. 71 | On ditto's bastoobatee. 153 || Adjoining ditto ditto on the south. 72 | On Goluck Pode's ditto. 154 | South-east of ditto's field. O 73 On ditto ditto. 155 | North-east of ditto ditto. 74 || On ditto ditto. 156 | North-east of Ramdhun Mundul's ditto. 75 | North of Issur Parooee's field. 157 | South-west of Rajchunder Pal's ditto. 76 | Ditto ditto. e 158 | North of Ramdhun Mundul’s ditto. 77 | Ditto Bungsee Pal’s ditto. 159 Adjoining ditto ditto on the west. 78 | Ditto ditto. 160 | South-east of Radhanath Mullick's jotejumeen. 79 || North-west of ditto's jotejumeen. 161 | Ditto ditto ditto. 80 | On the Puteet bastoobatee. 162 | North-west of Bungsee Pal's field. --~ Nº. 5 8 - Barãoo/ 7, ea. T Thakbust Map of Mouzah Tº KH SM UT P iſ "Tº * A PFA, - – i.e. sº Arsah, ºn a strotrez/2tee, Pºzzº a.º. Zºe/~/… Zazzºccº rººt, s - z I - LA H Hoog LY, - the bowedarº ºf Pººvaſ. Have/…/..., Zillah 24 Pergºnnahs. - The loºza wºotº cozo,…, A.,,,,,, 44//ſº 77/sec///a/ Wartºº/*10% |- Green May, o/, /ſtarr, wº Pº, *//ºpa. Mºčo 3. - - - - a Jºe. ºf a * - *327. - - ºv/cºa/, /ø/eez, Aaz, ree C. Jalee Me/ra/ ) *” Zee AVº27 [ ] Gaºn/cg, ſ. arta's */ongºg º cºcº Waycº Zºº Zoz. º-/- Zºo 3.5%gs º - */// 77, 32 3/Y w * w \ \ \ \ Q - NSN \ N \ \ - \ \ \ | Cº- \ | | | --------------------------------- wº º ----------- S ‘de - * Wage Szze of Zº *zz Zo º, Jºrhºod - $37 \ | Mor/asſ (ºrrºr of - Fº N 26 Azzºzºw//w, Ghosa's Force. º -> (tº 2- T ----------tºº-- - • 2 ºf - N fºr 7;… ºv/- Wazºº/º | N N 2 - | Z 2 *. rº- 20- 3. 2-y lº"/ / ſº º .0% Zº \) º l /ºwnedy Zoo”, sazzº ſºy. //zz/o 20 e º a . - ſ/zzzzzzo. 27° - 7. 2 3. --- º e 7. 8. º - - - | l I I L T I —lºcals eacº. 7% (2/…/ 2. Zºº”, a 4& Sø/, ///nº equa/o 23 ****, (Zazzº, º/zºo/* o/3//zrºyzo ſº. 2, 24. - - - † - TBlack/sºlºhº Press, 3 Hare.º.º. § APPENDIX NO. 18 A. Figs fºl diſcº. A sistä B. Chitta of Mouza A of Estate B. 2tc's Jº & Cº. ºf 5. 6. 7. 8. 9. &t'ſ Breadth. stral itſ º tº faff ºf arº's ūfºr Gift füfºr fºr frºm Cºſfºſ ..., |Quinty”."ºl sort of . and of land. land. produce. beegah. direction. 1. 2. 3. 4. - witzi GUTST 7 ºf 57 Length. Fºſ asſa ºf Gil - WT5ſ *Nºffs 2^ * | *** ****Tºta *NTHTN ...” C Witcz[ºf Witºſ & #Tº fit cºſt ºf N f Position of Number 3DO € º: each dagh Length Mean of dagh. º with relation of each length c ryot or to the preceding length and 8. Ul S3 In 60, dagh. taken. direction. NotEs—l.—Should the Estate to be measured not consist of one whole village, nor of several whole villages, but of patches of land scattered in many villages, and those patches only be measured, the forms must be altered to meet such circum- stances. Instead of a chitta for each village, if there is but a small quantity of land in each, it may be well to have one chitta only for the estate, ad- ding a column to the left for the name of the village, and altering the khuteean and ekwal jummabundee to correspond. 2.—Should the Estate to be measured consist of land scattered as above in many villages, and the measurements include the lands held separately under other Estates, a column must be added shew- ing the separate Estate under which each dagh is held. e 3.–If the land be held by talookdars, mo- kurureedars or other shikmeedars, or if it be held under several zemindarees in common, columns must be added shewing under what sudder and shikmee tenures each dagh is held, so that there may be no difficulty in preparing the khuteean and ekwal of the land of each zemindaree and of each talook or other under-tenure. 4.—The rate entered in column 9 should be the rate paid by the occupant entered in column 2. If the land be held by a talookdar, mokurureedar or other superior ryot, there should be another column to shew the rate paid by him. • º, ſ : :f s O APPENDIX No. 19 B. stan fºſta Tsics #45 stºps ºf r < - Form of simple Khuteean when there are no Shikmee Talooks, and no land is held in common tenancy under two or * Zemāndārees. AfNI wºtăzºfa & Siſ .*[ºffs ºf HTit Rºz WT5t Gift Name º: ccupant Number of dagh. Quantity of land. fº Note.—If land be held in common tenancy under two or more zemindarees, columns must be added shewing the portion belonging to each. O O APPENDIX NO. 20 C. *ra; gasta ºtrail risis irºi stºº ºf Form of Ekwal Jummabundee when there are no Shikmee Talooks, and no lands held in common tenancy wnder two or more Zemindarees. ats wºrstätä 251 &QITs. gift †ass Gift fitfäxt ūstaāt *NTHTitt Name of * O occupant * of Sort of land. Rate of rent. º: ryot. Il Cl. Ul I) (1663, O tº NotE. —If land is held in common tenancy under two or more zemindarees, columns must be added shewing the portion belonging to each. § O § APPENDIX NO. 21 D. *ra; Aſsiſta aſsics izi stºº gº *Tºfts. Its tº fºcs cast: etºi attºº Form of Khuteean when the land is held by Talookdars or other Shikmeedars having Ryots under them. C) ~It iſ FITST :*: 7(ºf WT5ſ Sift c; Stöfð ºf:TzºWſ; ** º dº, ©e f; fsº Name of Name of a Name of occupant Number Quantity talook. talookdar. ryots, as per of dagh, of land. chutta. Form of Ekwal Jummabundee when the land is held by Talookdars or other Shikmeedars. * 2^ *Fran ºgrº warzwä Tisſø first stºº gº ºffs. Histº fits ºf erº stics ZUTST z(fST fºr ; sifi º: J º *Tºs *Tāzºwſ: Ül *IzGº Gil Rate of rent. UlDOl In 8 OUll] Cl66. To be paid. To be paid º by occupant by shiku- e º Name of Name of Quantity Sort of #yots to meedars to Of culti- || Of Shik- talook. talookdar. of land, land. shikmee Govern- Vatoi S. meedars. Muhaldars. ment. NoTE.—When the land is held under several Zemin- darees, columns should be added shewing the zemindarees and the names of the zemindars, and the portion of land belonging to each. r- < º APPENDIX No. 22 E. stan fºria ºn stºrmittà wºn cºfa asia cºaxas tº saw & stºº ºff atrº cirgitº STICE | Form of Khuteean when the land of an Estate is held by Talookdars having lang in several Mouzas. xts &f=ſ* its ºffswf: *Ifº TC5 Gift SIICE at: Cºrsii size= *I* A 715t Üßt Name of talook. Name of talook- dar. which land is situated. Names of Mouzas in Number of dagh. Quantity of land. O Form of Ekwal Jummabundee when the land of an Estate is held by Talookdars having land in several Mouzas. “stan ºrgia ºn stºratzia wºn cºtt asia cºa aas tra º 3 stºº ºff attºº Cirsicº TICE r- < : t *ITN *tº Name of talook. aſ: stats WTºſ Name of talookdar. Aſs Cirsil Hää &TTETCS; Gift SNICE Names of Mouzas in which land is situated. Gift Quantity of land. grºx Gift Sort of land. fifi ºf gi:Tfairſt Rate of rent. Jummabundee. To be paid by To be paid by e occupant ryots to shikmee Muhal- || Of cultiva- || Of Shikmee- shikmeedars. dars to Govern- tors. dars. ment. . # Š APPENDIX No. 22% F. O Terij shewing the total area and jumma of occupants in Village or Estate, No. O l 2 3 4 5 6 7 8 || Total jumma 11 12 13 Culturable but not culti- Cultivated lands brought at the rates O # vated lands, ſhassessed. + under settlement. of Ekwal. § gº .9 © Cº- * | 3 3 ſ wº : & *—s g 9 10 Gł) 3. * | 3 & res # 8 Name of occupant Total 5 TE +: | tº -3 # * É # , |Remarks. shik meedar or ryot. Sºl 68. º : § £ 5 * “.2. º > .C. º: : & --> * C 3-4 g * <> 8 . -5 §: – ro --> re- C $– cº; .8 3 C '3 on g 9th- 5 § 3 e a; 3 †: 3 : a 3 * | *: Tº ; ; ; ; ; ~ ; ) es a 3 || |& ** .P. 5 is 3 º: B # | #3 || 3 | # | # | 3 || 3 |##| | | g | | | 3 || 3 || 3 | # # # 3 | # ă ş Q * | 3 || 5 || 5 || 3 || 3 || 3 ||3 || 3 || 3 || 3 || 3 || 3 || 3 || 3 || 5 | # C p3 B Ticca Ramdhone Chucker- butty, dukhul Gour 84 0 0 1083 10| 5 || 32 || 3 | 19 || 0 || 59 |8 0| 2 |4 02 0|6 10| 2 |24 1067 1261 10 0 0 0.61 10 Soonder Chuckerbutty, 10 per O :ent Talook Ramsunkur Doss, ſº CeIll. ditto Gourhurry, . . . . . . } 30 0| 4 10|25 10| 0 || 7 || 0 || 0 || 0 || 7 |9 10| 0 |3 104 100 0 1 18 l0|53 1248 9| 4 13 10:43 ll * NoTEs.—In column 1 will appear Q Ryotee Gourmorooshu the names of those who are to pay Ramjeebun Doss, . . . . rent to the sudder malgoozar, whether tanbokdars or other mid- Putnee Shama º dle-men or ryots. Biswas, . . . . . . . . . . . . The columns subordinate to head- g ings 5 and 7 must be increased or Gattee Ramjeebo Chucker- l decreased, so as to suit local pecu- butty, e is e e º e º ºs e º 'º e º 'º J liarities. O Ryot Rajkissen Doss, . . . . . . In col. 11 will be entered any al- lowance made to any middle-men © Istumraree Kissen **) of any class. Q hun Ghose, . . . . . . . . . . Should there be land not held by any one, the circumstances of the Havlee *} same will be entered in column 1, Doss, . . . . . . . . . . . . . . and the quantity in the columns to K Shib D which it may belong. º ansagote ]] OSS, º,”)| 10| 0 0 1 1 10 • • • º º 0|| 10 |0 00 0|9 0 (0 |ll 10|25 8|| 0 0 0 0 0|25 8 0 O r e, t; E." § 3. º to : Sº 2. g; S 5 ° L $9 542 CIRCULAR ORDERS, O Circular, No. 843. Dec. 26, 1850. \– ~~-— APPENDIX No. 23, FORM G. ROOEED AD OF AMEEN. 1st. Date of appointment of ameen and of his arrival in the Muhal to be measured. - - , 2nd. The boundaries of the Muhal measured, that is, if a village, by what villages surrounded; if a talook, by what estates or talooks surrounded; if a pergun- mah, by what pergunnahs surroundee ; and mention of disputed boundaries, if any. 3rd. The system of measurement followed, whether by acres or by beegahs; and whether the measurement was conducted with a pole or chain, and by scale and compass, or otherwise. - - 4th. Description of the land comprised in the Muhal, whether high or low, poor or rich, open or jungle. 5th. Mention of the number of rent-free holdings in the Muhal, and the extent of them. - 6th. Mention of land not fit at present to be subjected to assessment. 7th. Mention of the rates current in the Muhal for each description of land, and whether they have been compared with the rates current in adjoining Muhals or not ; and if so, note the difference. 8th. Mention of increase derived from woods, groves, jungle, &c. 9th. Mention of fisheries. • 10th. Mention of any other miscellaneous sources of increase. Q, 11th. Mention of the different classes of cultivators found in the Muhal and the claims preferred by each class, and where there is a party entitled to settlement, (l mention whether he admits or denies the ryots’ claims. 12th. Mention of the jummabundee as by the rates approved by the ameen. 13th. Mention of the number of inhabitants, distinguishing Hindoos, Maho- medans, and others. - 14th. Mention of any other circumstances requiring notice. - - / 1 / F (0/>y Nº || APPENDIX N924 SPECIMIEN A * Succumucuſtlam ` KHUSRAH MEASUREMENT 2T as carry ecſ are * (* 2T 2T - - T W47/JE A/A/E/AS- º - LT —- in the DISTRICT of _- º- - JYNTEE AH - |- aſſach, a to st Nº-PA: Sºrt, Hà < Güstrº añºsa– (STRST arºse RTET- MoU: A Loiſ ºf EF MUTT ºr Aufgay/ww/// cºo?ooz - - ºr //, /), ºr c/ º/ JYN T E A H . - Year 1243, Zºrºa //ce. º - - ºfºr º - * - º, º ºn R**// - --- º - Z. & : º Lº º - - - - wº QTCSI&T - Sca/e/2/ne/tes ſo / Mete. Ž º 0 , , , \ ºaſiſ “ * –*- –*— - _** ( 74. 7%, º/, /.../ *Tºº & Rºſsº - - | | | | | | | | | H - - ºn Jºzº %, * * * * * * * * ~ * 4,..., Za. */ º/224/. Mazº, 1833 Z/ - APPENDIX N925–SPECIMEN B. N" | AºA MA /?A. S. A ſº. The measurement cºerzcázve ough 4 & Azº ºr or, the mºst of A^*22/ º Mºrenzº ºccerzº. aca, aſºta 1, 4/arrºwſ wrong SW written ºn Chatta unstead of W. W. E. Lana' (cft out. Measurement too great º H ſºaring ºn correct. Measurement acto A Mºsha Awees ca/cºa/con. º crºcºco, Lºw raza.…cºver ºf agree, rº ºrczacz. 1. The Mºrºccº answer examined, ºf the ºncasurement tº more or lºſs. Mºno ºf ascrºances to be envºodºo/ in a fºrmanah to the Muneen | os ººlºº wrººmſºmºrs ºſs------- 5885Tºº gº Tº ºſºtº-Rº. &R stºr ºr --------------- **Tºtº --------- - ºntº ------- º - - Sºº ------ 26*April A/ ºn tº ºr ºsmº ------ * * * * * - ºr=# - º Hº-º-º-º-º--------- ſ WTº sºrgs-- ºg Rºsſº- *f; gº º |--|-- º ºn,” / Tºº Nory - º Reav Tºm *ary Tºm º º º º º/ º -kº, the * Riº - - - Tº * Specimen G. of the mode of ~ PROTRACTING FIELDS FROM THE KHUSRAH MEASUREMENT PAPERS. as carried on by the NATIVE AUME ENS with Surveying Compass. ſº-ºr ºs - º s -- - gº gº . ; ; ; ; ; Stºr fºr sº I sa, , º, sº lººs- ºg º, sº gº tºº ſº. - . vs. ºf ºssº sº. *. – sº º - a Tºsº Rººs Rºº-e Rºss atº & º $e egº Prºcºs ºrº º ºſmº " . R \ _ M sº wrºtagº sº 26 tº Apr.” ºfºrºſºsºſºr- MCTJ 7. A. DOLLYER. MTTT TY A///76///V///// C//0706/. //zzazz/ Spezzº, 54 Scave 12 /rºches /o/ Maſe. ea * º gº 4//w - ** -- --- |||— sº Henry Z'ha'ſ/ºcº / ..., zº Aºf s', re-f 543: APPENDIX No. 26. wºn fººl His ºf cºcº satiº Form of Khusreh Chittah of Mouza Bhowaneepore. & * O itſ Length. &iº Breadth. O zúa safúzī ŞT&TCă3. * O e His cºfa Rºl aſ stfätzºſ RTM #ſºfºcº RIM fºsſa fºſſ 2 e’ witzſi Gift üritz; †ºsſ *: † *zºfºſs, Op. . . . . 2[Cºſºs #tºſa wifa'ſ ſitsi zºſº ºfCºſ Afz.1 &tº O * • Number of N O - O & Cºſfºſ & Cºſfºſ O Nº. i. * Name of owner. Name of occupant ryot. Position of each dagh with relation to the *T*T* Mean aſ ºf: h], Mean Quantity of Description | Sort of Remarks. dagh. towjee. Muhal. O preceding dagh. º, º . d º : tº e brea dth an d land. of land. produce. irection. direction. X • * * *H, Hitza, Tait ºrità articitºr ºf sitcºi aſās strºl ºf cºtta cºfaşi & 329 | * *R | * *** | * >h>il 81°h Tºm Hå fan sta Rāt assist . ºf cūlāſā sitsfrta Wſsº ê cºilsilä w8 &lls •j; Silo O aft its RfA ºf —- - als SllS) R § & & stWTKA #witz wn & WTºtº ºffs: Wſzºd casts ºs | W: xus q; alºu º 'º as a >usly & & §: &lls •j; no - gº - &l- >ll o © - t f - - S) § * º § en ä Hitsia ºff afisa cºld sº tº S^* | * > /* | *i; * | * * | Wolv § § afsw (ºr 1 ºf ſºil & S./ ºf: Uniº *, *. 3 Z8 > ll:8 - - - } b 8 § § & garātāq ºssi ºf a nicºſa ºffs: S㺠Cºta ºGº | * .. W: Susu & Sls | * >uou |& wello's § & O Sllo fêifºſ ºjºſ *i; 3/ W 3 Sll? O O * * O SllSF S/> O * : º Gr º (a & . & wn a nicºts ºf: afººd cºsta ºce ºf: S2'> | W: MSll | 73 S/S ºf: Moll tº ol § 3. * - *i; tı3. Ü: 118 >lio. . Sh? S § & & *tatiºn ºf sº a wrºſs ºf Afºn cºld ºcs | *i; 3/9 || 3: 8/9 || W: sº ºf: 82 on six .* & . g cºſt-ſtar assi º : 8/9 ë; 310 - 8 lb 8/> Q S X ºffſ a grºñataraq cºlºrff ºn ºf 353 Gºtº º ë; S1 | *i; S28 *f; to &; us | usic/so & & ſº ©e W; S/so ºf: il S * • 3.19. >/8 b’ & * & & *H & Ricºfa ºff afºaceta º so §: Suo | *f; blo * >/> | W: Suot |&/ollºws •] a Fiſit agai 3 S/ *f; R/o O füfººt ºf:I 73 S/3. O slº S/> > 2) of S > º & CWagſ ey atºſta His 97 & WTCsſºr ºffs: Wſzöd cºfº º ºf: $18 || W: Sllol | W: Sll:S ºf: Sllo || 318wo/> * & * so Rº Tzºs lo/o ºf RT31 wolly vi Q *fºr Grafts *i; Slisll ë; Swo s: R* * * live & Su-JSM > e —- § 3Slblly - Rºfféſt WTH S/oll Sºl P SUDIDER BOARD OF RIEVENUE. 545 J. J APPENDIX No. 27. See page, 443. APPENDIX No. 28. Testing Form. As measured J by ameen As tested by— 'Increase. Decrease. J J. — : — lº — º e * * e & O * * e g sº ſº o • gººst & Number of Chittahs. | 2 |f #|3|2|+: à || 3 || || 3 # Tº |}|† , Remarks. g=e : gº * ~5 Tº "c ‘5 ºf lº ‘s | #|3|s|} |& ‘5 | So bol ºf do | bf) | 93 Cl) § - o is * | 9 c || 2 || 3 | * G | Q2 ‘5 c || 2 |* | g 92 l, 2- & -o as O | --> S | 6 || 0 || 5 || a * -d * smºs * ..o e pºë • *d * Q | Q2 * | 3 || 0 | 9 #| 5 |E|3| 5 |*| 3 || 5 SC | 8ſ. .#| 3 || $o Šol . .2"| 3 || 3 ||3| 3 || 3 || 3 | }. - I - cº C., | Q) | ?-- || - & 9 do O | do © | Q) QX | Sle | º aſ 4–2 | Q) Gl, I tº * | * | 3 || 3 || 3 || 3 || || || “. - || > O Gl, to tº º' O d) cº 2 | did go || 3 | dº 23 >n- No. 11. Dated June 27th, 1850. On a reference from the Collector of it was held by the Board, that the Resolution of the Sudder Court, dated the 17th of July, 1846, ruling that the registration of security bonds shall be deemed indispensable to their acceptance as good and valid securities in civil suits, should not be followed in summary suits. A PP E N DIX. A P P E N D I X. No. 1. FROM THE SUPERINTENDENT OF THE BEHAR SURVEY, TO THE COMMISSIONER OF REVENUE OF THE PATNA DIVISION. Dated December 17, 1842–No. 134. As required by the Sudder Board’s letter No. 318 of the 26th ultimo, I have the honor to report to you the system pursued in the conduct of the survey in this District.* REMARKS BY THE BoARD. Paras. 2, 3, and 4. It is to be observed that the duty of the Deputy Collectors and their ameens, is simply the demarca- tion of the boundaries of villages and the decision of boundary disputes by the former, preparatory to the survey of the profes- sional officer ; and it is of the utmost importance that the boundary demarcations should be so far in advance as always to keep the expensive professional establishment in full work. A similar establishment was employed under the Superin- tendent of the Patna survey, but when that survey was extended to Sarun, the following establishment was substituted at the re- commendation of the Superintendent Mr. Chapman, founded on his practical experience, and the same establishment has since been allowed for the Purneah and Hooghly surveys respectively. Annual. 2 Deputy Collectors at 400 Rs. each per mensem, 9,600 12 Peadahs, viz. two for each Deputy Collector at 3 Rs. 432 4 Peshkars or sirdar ameens at 40 Rs. each, . . . . 1,920 Siaº months. * 40 Ameens, viz. 20 for each Deputy Collector at Rs. Q 340 per mensem for each set, . . . . . . . . . . . . . . 4,080 12 Peadahs, viz. 6 for each Peshkar at 3 Rs. . . . . 216 ‘9 Total per annum, ... 16,248 As a guide to the mode of operations with the above estab- lishment, an extract follows from Mr. Chapman's letter. “The Deputy Collectors would each commence on two Pergunnahs, by sending 1 peshkar and 10 ameens into a Pergunnah The duties of the peshkar would be to move constantly from one ameen to the other, seeing that they performed their work cor- rectly by testing their maps here and there on the spot, and by 2nd. I may premise that three Uncovenanted Deputy Col- lectors are employed on the duty, under one of whom are 20 mea- suring ameens, and 15 ameens under each of the other two. 3rd. The ameens are al- lowed 10 Rupees each per men- sem, and 1 Rupee for ink and paper. A peadah at 2 Rs. 8 As. and a jureeb-kush at 3 Rupees per mensem are likewise attach- ed, so that the total monthly establishment of each ameen amounts to 16 Rs. 8 As. For each circuit which the ameen measures in excess of twenty-five per mensem, he receives 1 Rupee in addition to his salary of 10 * This report on the system of survey followed by Mr. C. H. Lushington, the Superintendent of the Behar Survey, with the Board’s marginal annotations thereon, was circulated to Commissioners, as forming a Survey Manual for the guidance of the Øivil Officers of the Department, till the introduc- tion of the new system of Thakbust and Khusreh enjoined in C. O. October 8th, 1850. Such rules as have not been superseded by these orders, are still considered to be in force. The appendices are omitted, being, with the exception of No. 11,–the forms of which are the same as those given in the extract opposite to para. 43,-no longer in use. (! O 11 APPENDIX. Appendix, No. 1. U J -Y- & comparing the village plans one with another ; receive weekly statements from the ameens, the same to be forwarded to the Deputy Collectors, and from them to me, with remarks as to the conduct, the quantity, and the quality of the work performed by each person ; to endeavour to get the zemindars to settle any petty boundary disputes among themselves. In order to effect this, I propose that whenever an ameen comes across a disputed boundary, he should immediately send an urzee to the peshkar, stating the names of the parties disputing, the quantity of land claimed by either party, with a rough plan of the land in dispute, on receipt of which the peshkar would proceed to the spot, and call on the zemindars to settle the dispute in the course of 3 days: should they decline doing so, the peshkar would be directed to forward the parties and all the papers of the case to the Deputy Collector, who would then decide the case in the usual manner. The peshkar would in addition to the above be directed to forward a weekly statement shewing the number of ‘villages visited by them, the quantity of work tested, and the number of disputes settled by the parties through them.” Para. 5. The main object contemplated in the survey of the permanently settled Districts of Bengal and Behar is to determine the relation of land to jumma by the ascertainment of the areas and boundaries of Muhals. The first step towards such ascertain- ment is the accurate survey, by scientific agency, of the boundaries of villages, and when a Muhal consists of one or more integral and compact villages it is evident that no more is required, and ac- cordingly in such cases the proceedings go no further than the professional boundary survey. But if the Muhal consists of part only of a village or villages, or if the lands of a village composing a Muhal are intermixed with those of another village appertaining to another Muhal, it is evident that the mere bound- ary survey is insufficient, and the deficiency is then supplied by a native field measurement or khusreh, to ascertain the Muhalwaree distribution of the lands, excepting where the intermixture is so little intricate and the divisions so large as to permit of the details of property being also delineated by the professional survey at a reasonable expense. By the khusreh measurement the scattered lands of each Muhal or village are brought together, and the aggregate result thus found is recorded on the back of the pro- fessional plan and in the Registers prepared for the Collector's office (Wide para. 40). - Again. So far as immediately concerns the Revenue De- partment, the objects of the survey are resoluble into this one grand desideratum, the ascertainment of the relation of land to jumma. In many Bengal Districts the Collector's Registers shew nothing more than the name of the estate, and the jumma paid for it; the villages or portions of villages of which it consists, and which are frequently scattered in different pergunnahs throughout the District, are known perhaps only to the proprietor or his Agents. In Eastern Bengal compact estates are rarely met with ; the intermixture of property, in greater or less degrees of intri- cacy, is almost universal. The facilities to fraud afforded by such a state of things are too obvious to need remark. The Go- vernment have already not unfrequently found themselves in the predicament of having purchased a nominal estate without the possibility of tracing the lands which should belong to it; and in many more instances the lands which they have acquired have been found insufficient to meet the jumma assessed upon the purchased Muhal. In Behar the above specified sources of uncertainty are less T prevalent;” but other embarrass- ments requiring for their removal | the same remedy abound. Irre- gular separations with arbitrary allotments of jumma, occurred in some Districts to a very great ex- tent within the first ten years of the permanent settlement; while Note.—Even the name is sometimes incomplete and undefined as “Kismut Raj- poor, &c.” * The survey however has shewn that the intermix- ture of property does exist to a large extent in zillah Patna, and in some pergun- nahs of Behar. J * Rupees, and the whole expense is submitted monthly to my office by the Deputy Collector in con- tingent bills. 4th. weekly to the Deputy Collectors the progress they have made, and The ameens report the Deputy Collectors supply a monthly report to me of the number of Mouzas measured during the month and the num- ber remaining. d 5th. The survey is confined to the The nature of the survey. boundaries of Muhals and vil- lages. No inquiry is made as to the value of property or extent of produce, nor is any claim in- vestigated that it is not immedi- ately connected with the defini- tion of boundaries, or with the allotment of lands or villages to any particular Muhal. 6th. The limits of estates are determined by the extent of land in possession of the proprie- tors as part of those estates at the present time, and wyrana and towfeer lands, though stated in the Collector’s office records to be still unsettled, are included in the villages to which they are now attached without any attempt being made to recognize the ori- ginal bound- sº er’s letter No. 984 of aries, the or- the 7th October, 1841. der of Government No. 1363 of the 29th September, 1840, di- recting all such lands to be struck off the resumption file, being held to be a relinquishment of their claim and a bar to any future in- vestigation. Wide Commission- APPENDIX, iii J) in others great confusion and injury to individual interests were occasioned by the no less irregular and arbitrary consolidation 7th. When the villages of Appendix, No. 1. \– — into single Muhals, of villages which had been separately settled, any conterminous pergunnahs 3.I'G Y- A but stood recorded on the Collector’s books under the names of : v. g * the same proprietors. intermixed with the villages of a These are the leading causes which induced the Board when pergunnah under demarcation, SO the survey of the unsettled Provinces was drawing to a close, to . . . .” & te recommend the extension of the survey into the settled Districts as to come within the circuit of under the Bengal Government. Other and more general consi- that * h, th re includ derations doubtless concurred to influence Government to adopt at pergunuan, they are includ- the project, but they need not be noticed here. ed in the Deput 22 *- Para. 7. After a full and careful consideration of the sub- puty Collecto S pe ject, the following rules were laid down by the Board and approved gunmah map and register, with by Government for the survey in Behar, on the subject of re- h e g * modelling the boundaries of pergunnahs and Districts. the view of their being trans- In respect to pergunnahs of the same District, all estates are º w to be recorded as attached to the pergunnahs to which they have ferred after the survey of the hitherto been considered to belong ; and in the Surveyor's map, pergunnah has been complet- each estate or portion of an estate is to appear in the map of the e fe pergunnah within the limits of which it may be locally situated, ed. Any villages belonging to but distinguished by the shade or colour in which it is recorded in e Tºwn, the Collector's (and Superintendent’s) Register, each map con- Zillahs Monghy. and Patna, also, taining an explanatory remark, specifying the number of detached which happen to be intermixed villages, and the number and names of the maps in which they º * te are to be found. with the pergunnahs of this Dis- In respect to District boundaries, integral estates are to be a; •o 3 & reported for transfer to the rent-roll of the District in which trict, are included in the same they may be geographically situated, and mapped accordingly; but way; and such villages belong- when portions of an estate are geographically situated in two . Districts, the whole estate must continue attached to the ziliah to ing to the pergunnah under which it has always belonged—the detached portions being * * e •e mapped, distinguished, and explained on the plan described survey as are at a distance from above. the main body of the pergun- mah, and cannot therefore be included in its circuit, are left to be subsequently demarcated with the pergunnahs in the circuit of which they are situated. Para. 8. It will be understood (see also para. 5), that the 8th. The demarcation of word Muhal is taken to mean a substantive estate with a distinct as , e * jumraa on the Collector's rent-roll. Such an estate may consist of estates is effected either by the O a whole village or of part of a village, or it may comprise several survey of the external boundary, conterminous or scattered villages, or parts of such villages. ſº tº gº ſº which is all that is necessary when villages or Muhals are found with distinct boundaries, or by a native field measurement, which is introduced when the lands of one or more villages or Muhals are so intermixed as to render separate demarcation impracticable by any other means. & Para. 9. That is, with separate jummas, but without any separation of lands. See note, para. 15. For the due understanding of the Superintendent’s meaning in this and the foregoing paragraph, as well as in the following account of his mode of procedure, it may be necessary to revert to the description already given of the objects of the survey in the note to para. 5. It will then be understood that in the case instanced by the Superintendent in this paragraph, of course no field, measurement is necessary—the apportionment of area in the Registers is merely nominal, and is so noted in the Column of Remarks. f 9th. When two or more Mu- hals in One circuit are held ijmal, the external boundary is measur- ed, and a portion of the ruqba is afterwards nominally set aside for each Muhal, equal to the share , of produce which on inquiry is found to be received by the proprietors on account of such Muhals; but when the lands included in the circuit comprise vil- lages forming component parts of the same Muhal, the circumstance of there being no division of lands only is noticed, and no assignment of lands is made to each village. R& Note.—Thus suppose three ijmalee Muhals, comprising in all 2000 beegahs, are measured in one circuit, and on inquiry it appears that the proprietors of Muhals Nos. 1 and 2 receive each one-fourth share of the produce, whilst the proprietor of Muhal No. 3 receives two-fourths; the ruqba entered opposite to Nos. 1 and 2 would be 500 beegahs each, and that opposite to No. 3 would be 1000 beegahs. IV *… APPENDIX. Appendix, No. 1. Para. 10. For detailed explanation, ioth. Boundary disputes are settled under \ Y. 2 see below, paragraphs 20 to 29. Regulation VII. of 1822, and the only appeal from the decisions of the Deputy Collectors is to the Civil Court, except in regard to the mode in which the enquiry is conducted, on which point appeals are heard by Iſle, Para. 11. See Superintendent’s note llth. Such is the general nature of the on this point at paragraph 14. duty to be performed. It is for the ameems to demarcate the estates and ascertain the condition of the lands; and it is the part of the Deputy Collectors to keep a check upon the ameens’ proceedings and de- termine whatever disputed questions may happen to arise. I shall now state in detail the system by which I have endeavoured to secure a proper execution of the duty. & f Para. 12. With reference to this and the following para: 12th. The demarcation of estates. hºº! When any pergunnah is to be pursued in Behar as closely as the different circumstances of the taken up, the list supplied by two Provinces will admit of. the Collector, Khas Muhal Offi- cer, and Special Deputy Collector, are forwarded for comparison with the Canoon- goe’s map, to the Deputy Collector to whom Note.—Maps of the different pergun- the pergunnah may be assigned. When the posi- tºº. tº: tion of all the villages is ascertained, the Canoon- vey. goe is consulted as to their size and relative distance from each other, and the pergunnah is then divided into circuits of 30, 40 or 50 contiguous villages each, ac- cording as there may be reason to believe they will be difficult or easy of demarca- tion. One of these circuits is then allotted to each ameem, who is furnished with a perwannah, to be issued through the peadah attached to his establishment, autho- ºrizing him to call upon the Zemindars, ticcadars, jhyt ryots, or other occupants of the villages, to point out the boundaries. On their attendance, the villages are mapped and measured according to the annexed plan,” and boun- * Appendix No. 1. dary pillars are erected at the distance of every 40 luggees, Note.—The luggee is about or at every corner, according as the boundary is tortuous ****** or straight. Supoordmamehst are then taken from the f Appendix No. 2. ' parties attending at the measurement, for the preservation of the boundary marks; and the maps, having received the signatures of the occupants of the surrounding villages, and of the ameems by whom those villages were mapped, in attestation of their correctness, are submitted, as they are prepared, to the office of the Deputy Collector. As soon as one circuit is completed in this manner, another is made over for demarcation, and so on, until the whole pergunnah has been gone through. 13th. The object of the comparison and allotment of villages is the following. The comparison by ensuring a statement from the Canoongoe, in the first instance, regarding every village in the list, serves as a check upon the ameens, should they be induced at the instigation of the Zemindars to attempt any concealment of estates, and provides against many future inquiries, which in all probability would be found APPENDIX. V Tº º requisite if attention was not immediately directed to those points in which discre- Appendix, No. 1. \– pancies exist, whilst the allotment of villages into circuits requiring an equal degree of time and labour to complete, enables the Deputy Collector to form a ready esti- mate of the relative merits of his ameens, at the same time that the work of the ameens is greatly lightened by their being able to enter the boundáries of any of the conterminous villages which they have previously demarcated, by copying from their former maps, instead of involving the necessity of a second inspection of the boundaries, a course to which no objection can exist inasmuch as the maps are always attested by the signatures of the parties concerned. 14th. As a security against incorrect statements in regard to the condi- tion of estates, and to guard against khusreh' Note. The circumstance of the lands of two or more estates being intermixed measurements where such measurements are not or being helăiinii, her aid. absolutely necessary, I have directed the depositions of the parties to be taken in a prescribed form.f f Appendix, No. 3. 15th. These depositions after shewing that the villages are known in the interior by the same names as are entered in the office records, state whether any portion of the lands belonging to them is detached and situated within the boundary of another estate; also whether detached lands from any other estate are within the circuit measured, and likewise whether, in case two villages are included in the Note. Ijmalee holdings consist either circuit, the lands are intermixed or whether they º • ** - of estates in possession of the same malik are held ijmal, and if so on what account. 16th. By this means the required informa- tion regarding every village is clearly set forth; and not only is it much more full than if the particulars were left to be recorded by the ameen in his own way, but by making it more difficult to conceal the real condition of lands when statements are made has to be given, and when the concurrence of another ameen has usually to be obtained before a fraudulent state- ment” can pass, the validity of the record is much more secure, at the same that a strong check is obtained upon the proceedings of the 3 Iſlē62IlS. Para. 17. The survey delineates village boundaries to- gether with the sites of villages and other geographical features. The details of cultivation and waste are not surveyed, but the surveyors are required to furnish general remarks elucidatory of the condition of each village, the extent and character of the cul- tivation, &c. (See below paragraph 44), 40 which were settled separately and originally known under distinct boundaries, but which are now recorded together in the putwar- rees’ papers, and of which the boundary marks are lost, or of villages held in joint occupancy at the time of settlement by se- veral proprietors, each of whom engaged separately for his own share ; or of villages of which a portion is nizamut and a portion lakhiraj. the evidence upon which the Note. Each ameen having to state whether any of the lands of the village he is measuring are detached, the moission of the ameen who measures village A to men- tion the existence of any lands belonging to village B within the circuit of his vil- lage, is not sufficient to ensure that the lands detached from B shall not be recorded. It is necessary that the ameen who measures village B shall likewise falsify his state- ments, and say that no lands from that village are detached. But this concurrence is not easily obtained, and hence the check. 17th. The information to be supplied at the foot of the thakbust mapſ † Wide statement e at the foot of Appendix in regard to No. 1. harvests, proportions of cultivated and uncultivated lands, &c. is given almost entirely from the ameen's own observation. It has not been thought essential to the purposes of the survey that any inquiry should be instituted in regard to the b ~y- —4 * vi APPENDIx. Appendix, No. 1. \ Y- ! J c tº produce of Muhals. A general motion Öf the circumstances of each estate, such as can be derived by a person in walking round the boundary has been held to be sufficient, and on that account, as well as to avoid the risk of exciting doubts as to the ulterior views of Government, no depositions have been taken on the point. 18th, When the whole of the thakbust missils for any pergunmah have been prepared in this manner and submitted to the Deputy Collector, he proceeds to compile his pergunnah map and register.* The re- * Wide appendix No. 4. gister shews the condition of the lands contained in each circuit, and mentions whether any detached lands belonging to villages at a distance are included. It is an abstract, in short, of the ameen’s enquiries, and affords easy detection of any discre- pancies, whilst the pergunnah map, by rendering it necessary to make a close comparison of the village plans, brings to light any difference in the boundaries exhibited in those plans. 19th. The map and register being finished, a “jumma khuruch” of estates is struck on comparison with the office lists. Missing Muhals are moted and accounted for, and Muhals not entered in the lists are marked for future enquiry. Separate lists of estates to be subjected to khusreh measurement, and of estates held ijmal, are also prepared, and the whole of the papers, including the thakbust missils and missils of boundary disputes, are then forwarded to my office, and the proceed- ings, as far as the Deputy Collector is immediately concerned, are brought to a close. 20th. When intimation is received from an ameen of Boundary disputes. the existence of a boundary dispute, a notice is served upon the parties to adjust the matter between themselves within 7 days. 21st. At the expiration of that period the Deputy Collector proceeds to the spot to ascertain whether the dispute has been arranged, and if not, he serves on the parties a second notice of 7 days for the production of their proofs, and then enters on an inquiry into posséssion. 22nd. If it appears that either party has held undisturbed possession of the land in dispute for a whole year, he lays down the boundary according to actual possession. 23rd. If a suit be pending in the Civil Court for the recovery of the disputed land, the boundary is to be laid down according to actual possession, and the disputed land measured and marked off by dotted lines on the village plan. 24th. In like manner, if the Magistrate should have awarded possession of any disputed land to one village, the boundary pillars are erected according to the possession so given, and the disputed land measured and marked on the map with dotted lines on the same scale as the rest of the map. 25th. If the question of possession is pending before a Magistrate, a roobokaree is sent to him requesting him to forward the missil, and the case is decided under Section 34, Regulation VII. of 1822. } 26th. When the dispute may not be pending before any Court and neither party has clear possession, nor can there be found any previous decision or competent APPENDIX. vii tº 0 authority which will admit of demarcation being made without previous adjudication, Appendix, No. the option is offered to the parties of settling the dispute by private arbitration. 27th. If this course is adopted, deeds of arbitration are taken and the dispute referred to the arbitrators; and on a decision being given, the particulars of the adjustment are recorded, and the boundary pillars laid down 'accordingly—a supoordnameh being taken from the parties concerned for the preservation of the boundary. 28th. If the parties object to a settlement by arbitration, the case is decided under Section 34, Regulation VII of 1822. 29th. The above is almost exactly the course prescribed in the “dustoor-ool- umul” to Deputy Collectors sanctioned by the Sudder Board. The only difference is in regard. to the issue of the notices. This the “dustoor-ool-umul” does not require. It provides that the inquiry into possession shall be made immediately on the receipt of the ameen’s report, and that the option of settling the dispute among themselves shall not be offered until it is found that the fact of possession cannot be substantiated. But that course was strongly objected to by the parties concern- ed. It appeared in several instances that the enquiry into possession had taken place without both parties being present, and without their having received intima- tion of the date on which it was to take place, and that one party had in consequence been dispossessed on the strength of a decree which had been reversed, or on the evidence of a few witnesses, whose testimony, had the opportunity been allowed, could with ease have been refuted. I was assured also that many a dispute which has been brought forward at the time of demarcation merely through the zeal of the servant of the zemindars to consult their master’s interests and without any real fouhdation, would be amicably settled by the parties if allowed time for considera- tion, and as I saw no reason to suppose the permission to settle a matter between themselves in the first instance could be productive of any evil results, and the issue of motices was absolutely necessary to the fair and regular conduct of an inquiry, I thought it expedient to make the alterations I have noticed. These alterations have since received the sanction of the Commissioner. Pāra. 30. The Board do not contemplate this limitation of 30th. In Appeals against the appeal from the decisions of the Deputy Collectors. It has been ſº e decisions of the Deputy ruled that the order of a Deputy Collector under Regulation IX. disposing of Collectors in boundary of 1833 may be modified or reversed by his covenanted Superior, obj ections disputes. and from his decision, under Section 29 of Regulation VII. there tº tº tº lies an appeal to the Board,that is, according to the existing law, urged against the decisions of to the Commissioner. It is at the discretion of the Superinten- * dent to exercise his power of revision as sparingly as he sees fit, the Deputy Collector S, the mode but he should not limit it by a fixed rule. of enquiry and general nature of the decisions alone are taken into consideration ; and if the enquiry is found to be in accordance ,to the rules and regulations issued on the subject, the parties are referred to the Civil Court for an appeal against the decision itself. If I see, for in- stance, that all parties have had due notice of the existence of the dispute, and that the decision of the Deputy Collector has not been given on the question of right in favour of one"party when the possession of the other party has been clearly proved, I record Y. g I. —f viii APPENDIX. Appendix, No. 1. |- —l Y- an order “that it does not appear from the proceedings that the inquiry has been conducted contrary to the rules in force, or that the decision is in opposition to the provisions of Regulation VII. of 1822 in respect to possession, and consequently, as no regular appeal lies to my Court, that I can pass no orders in the case.” Whilst, on the contrary, if it is not shewn that the parties have had due notice of the ex- istence of the dispute, or if the decision has been given in favour of one party on the question of right though the possession of the opposite party has been clearly proved, I return the case for re-investigation or revision. 31st. When the papers of any pergunnah Examination of papers in Superin- have been received in my office, a second compa- *** rison is made. It is seen that the boundaries in the village maps agree; the state- ments regarding the interior of the estates and the intermixture of lands are ex- amined, the “jumma khuruch” of estates is tested, and the proceedings of the Deputy Collector in cases of missing Muhals are gone through. 32nd. The cases of villages in excess of those Proceedings regarding Muhals not en- entered in the lists are also then taken up, and tered in the office lists. after statements from the Collectors and other officers have been received, as well as the statements of the Canoongoes, the Proprietors, in cases where the circumstances of the villages are not clearly established, are called upon to state the nature of their tenures, and local inquiries are subsequently instituted as to the real nature of the holdings. 33rd. If it appears from these inquiries that the village in question is attached to any Muhal, it is entered as part of that Muhal in my proceedings; but if it be shewn to be distinct and held either as lakhiraj or towfeer, the case is made over to the Collector for trial under Regulation II., of 1819, with a statement of the grounds upon which my opinion respecting it is founded. U \ 34th. After the examination of the papers is thus completed and all discrepan- cies accounted for, they are made over, together with the lists of estates for khusreh measurement, to the Surveyor. Para. 35. These ameens are paid at certain contracted 35th. Khusreh measurements. rates. The professional survey then commences, and ameens are sent out for the measurement of the intermixed estates. 36th. These ameens are furnished with copies of the khusreh lists, and directed to proceed in their enquiries according to the rules contained in the amnex- ed dustoor-ool-umul.” * Appendix No. 5. Para. 37. The khusrehs are subjected to a “ Pertal '’ or 37th. When their khus- test by a salaried officer of the surveyor's establishment, but the rehsi are f A copy of a khus- principal and most satisfactory check is the necessity of obtain- º g e reh will be found in Ap- ing the signatures of all parties concerned. { delivered, pendix, No. 6. the calculations of measurement are examined in the Surveyor's office, and the ex- terior boundaries of the khusreh maps; compared f Copy of map is given in Appendix No. 7. with the boundaries exhibited in the professional plans, and if it appears that the APPENDIX. ix signatures of all parties to the Muhals included in the circuits are attached to the Appendix, No. 1. khusreh, and the boundaries and area derived from the ameen’s measurements agree pretty nearly with those obtained from the professional survey, the khusrehs are passed, and submitted to me for the preparation of the khutteeanees and terijes * See Appendix Nos 8 and 9. muhalwar.” Para 38. By the civil authority of course. " 38th. If any disputes I’6- garding the lands included in the khusrehs exist, they are settled according to the rules for the decision of common boundary disputes. f 39th. If it appears that any Paras. 39 and 40. The enquiries herein described are con- ducted by the civil authority of course. It cannot be too strong- ly insisted on that the ameens must be furnished with abstracts of the collector’s registers ; and that all discrepancies between the state of things in the Mofussil, and that recorded on the Towjee must be enquired into and clearly accounted for. The following general remaks on the subject of the khus- reh measurement are to be attended to. The khusreh measurement is only to be resorted to when the division and intermixture of property are so minute and intri- cate, that the details cannot be professionally surveyed unless at a most disproportionate and unwarrantable expense. It is not of course necessay to measure a whole village in order to shew one or two patches of tehsil alahida lands; these may, and should be shewn by the professional survey, but when the lands of a village are divided, “ khetbut,” (in Behar phraseology,) and “petulgolah,” (as it is styled in Bengal) between two or more Towjee Muhals, a native khusreh, attested by the parties, is the only satisfactory, if not the only attainable record of the state of property. With respect to the signing of the khusrehs by the zemin- dars, much will depend on the tact and temper of the officer em- ployed. The Uncovenanted Deputy Collectors have full power to compel the attendance of the zemindars or their agents, and if any objections which may be urged are patiently heard and answered, it is pot likely that they will be persisted in ; should such, how- ever, be the case, the Deputy Collectors must record the recusan- cy of the party under their own hand on the face of the chittah, and the grounds of no grounds which may have been alleged for it. lands exhibited in the lists for khusreh measurement are not forthcoming, or if any new Mu- hals are shewn which do not ap- pear in those lists, local enqui- ries are instituted through the Deputy Collectors to account for the discrepancies; and in like manner, if any portion of the lands are said to be held in joint occupancy, the Deputy Collec- tors have to ascertain what por- tion of the produce of such lands is appropriated by the proprie- tors of the Muhals to which the O lands belong. 40th. It having been thus ascertained to what Muhal each portion of the lands or each share of the lands included in the khusreh appertains, the khutteeams and terijes are finally prepared, and the missils returned to the Sur- veyor in order that the results may be entered on his professional plans. Pāra. 41. 41st. As soon Transfer of villages. as the survey of any pergunnah is finished, I consult with the Surveyor as to the transfer of any intermixed villages belonging to the conterminous pergunnahs which it may be advisable to make, in order to obtain a good pergunnah boundary, and a rough map is them prepared on the plan laid down in Appendix No. 4* to the settle- ment Circular of the Sudder Board of Revenue * See Appendix to this letter, No. 10. North Western Provinces, and submitted for the consideration of the Commissioner. Para. 42. 42nd. After the limits to be assigned to the pergunnah have been finally determined on, the map is returned to the Surveyor with a list of the Mouzahs which are thereafter to form the pergun- nah, and his fair pergunnah map is then constructed, and the village maps arranged See Board's remarks at para. 7. See, Board's remarks at para. 7. C accordingly. Y e J X APPENDIX. Appendix, No. 1 Y tº Para. 43. Mr. Superintendent Lushington’s mode of dealing with the difficul- J ties which occurred in the formation of the Mouzahwar and Muhalwar Registers, as described in the following extracts from his letter, dated 8th July, 1844, have been approved by the Board. 6th. Mouzahwar Registers. “In the Mouzahwar Register, the villages are entered alphabetically, in the order of the Persian alphabet, and the names are written in Persian and Hindee, after being attested by the Canoongoes of the respective pergunnahs. 7th. “The numbers of the plans in the Surveyor's pergunnah volume in which the villages will be found, are entered in the column of remarks opposite to each village. 8th. “Every village has been assigned to the Muhal to which it is attached in the lists supplied, by the Collector, Khas Muhal Officer, and Special Deputy Collec- tor, with the exception, first, of cases in which two or more villages are entered in those lists as belonging to one Muhal, but which have been subsequently settled separately, and have thereby become distinct Muhals;–in which case they have been entered according to the settlement, as in (a) These three villages were resum-T ed together on the 19th August, 1838, and entered in the khas Muhal list under one number and 3's one Muhal, but a separate engagement was taken for each village at the time of settlement, and they have since been placed on the Collector’s rent-roll as separate Muhals. J Mouzahs (a) Aukoom Khandha and Goho Chuck from the ruqba of Mouzah Budho- na, and Munsoor Chuck uz ruqba Hattee, > pergunnah Bhelowar; and secondly, cases in which a village is entered in the list as belonging to one Muhal, but which in course of inquiry has been found to be in the possession of the proprietors of more than one Muhal ;-in which cases the lands have been allotted to the various Muhals according to possession, as in (b) This village is entered thus in the Register. o, § Muhals. | No. 1" " Remarks. > 8CI'6S, > & Phaldoo. 97|38|| 3 |21. The lands of this village are : Duiapore 34||1|1|12| included in the hulkali exhi- #| Pandopa. bited in plan, No. 301, in 2 Pandopa 105181 l 39 the Surveyor's pergunnah f Hissa. } volume. The lands apper- ~ | Pandopa. 106|21| 0 || 8 taining to the four Muhals measured by khusreh. are intermixed, and have been The area so obtained is inserted opposite to each—the mushterika lands being nominally allotted according to the shares belonging to each Muhal. The total area of the village by professiºnal measurement is 185 a. 1 r. 38 p. In the office records this village is said to belong wholly to the Muhal Phaldoo, No. 97, but from the deposition of the putwarrees and the admission of the pro- prietors, it appeals that the lands are really divided among the four Muhals, and the possession of the parties has accord- ingly regulated the entry in the Register. (c) This village is entered thus in the Register. (d) This village is entered à | ºn ": |Tº rea in N }. C |A Remarks. 2 = | c. a CreS. C | < || > > * ! ~5 ." .# * : e d; #3% : :- ... 3 º E O $2.3 E. B. 2- bſ) Q} O º & c g: P- * | Cr3 — cº "" Q2 º • * - -º 5 | E P =4, Tº #|}|82|133|2|8 |2 = g; = ~3 |{ſ) . c. - 5 cº * 92 - 80 5 | 8 “… → C : 9 o – Z gº < |, c to ſt 2- ~5 rö '" . ; C gº ºn c ro * 92.5 QX 㺠= } thus in the Register. w w) CŞ cº TC8 11] § |+| . Remaiks. 3 || 3 | c. acres. |- º- == Z 1 -c. 1 £ q9 -: ‘... : ; ; 9 3 o : 3 = 2 E • I tº $2.3 -5 °F -4 |. Sº bſ) QX C C | O ºf a c P. ſc -5 - cº “" - -º-, i.rº 'P = <5 E O |O p=s 2. IL || || || 09|80|| 3 |26|.2 = S = -- GN -. C | c. -- r- .C. l. O *— QX ' oſ. -- |-- + = 9 : C | c. 5 : z g ſo |º 2 .; ... T E → 3 -º 3 & sº º 3 T = * # = ? H • * Mouzah Ibrahimpore (b) pergunnah Nurhut. 9th. “When any village is found in the course of demar- cation which is not entered in either list, enquily is made whe- ther it belongs to any Muhal entered in the lists. 10th. “If in my opinion it does be- long to a Muhal so entered, it is inserted in the Register with that Muhal, as in the case of Mouzah Amadpore (c) pergunnah Muhai. 11th. “If on the contrary I think it proved that the vil- lage has never formed part of any Muhal entered in the lists, 1t is inserted in the Re- gister under a distinct Muhalwarree number, as in Bubbul Chuck(d) pergunnah Sonout. 12th. “If any vil- lage entered in the lists is not found, it is en- tered separately at the end of the Register with a statement of the enquiry made re- specting it, and an ab- stract of my reasons for considering that it does not exist, or that it has become amalga- mated with some other village. 43rd. All Mouzahwar and Muhal- war Regis- the maps ters. are then submitted to my office, and the village plans care- fully compared with the registers. All discrepancies are reconciled, and the information obtain- ed from the survey has finally to be em- bodied in Möuzah- war and Muhalwar Registers accord- ing to the annexed forms.< *S* Appen- dix, No. 11. APPENDIX. XI 13th. “In cases of villages transferred to zillah Moºghyr in 1832, and which are in consequence excluded from the survey of this District, a list has been attached to the end of each pergunnah Register, shewing the name of the village, the name of the Muhal to which it belongs, and the kitabee ruqba, in order that every village entered in the several lists may be satisfactorily accounted for. 14th. “When a village has been measured by khusreh, a note to that effect is entered in the column of remarks, and the area obtained by the khusreh measure- ment is entered in column 4. O 15th. “Should any ‘mushterika' lands exist in the hulkah subjected to khus- reh measurement, an enquiry is made as to the proportion of the proceeds appro- priated by the proprietors of the different villages; and a part of the area, propor- tionate to the share of produce so appropriated, is nominally set aside for each village, and added to the lands in separate possession, the total being entered in column 4. © 16th. “When the khusreh measurement has been caused by butwarrah, or on account of there being more than one Muhal in any single village, besides mention of the area of each Muhal entered in column 4, a note of the area of the entire vil- lage by professional measurement is given in the column of remarks. 17th. “If two or more villages, included in the same hulkah, are held ijmal, it is ascertained whether a division of proceeds is made by the proprietors. 18th. “If it appears that a division of proceeds is made for each village, a pro- portionate share of the area is set aside for each, whether they belong to the same or to different Muhals, and a note of the circumstances is given in the column of remarks. 19th. “If they belong to the same Muhal, but there is no division of proceeds, no area is given in the Mouzahwar Register, but merely a note of the circumstance in the column of remarks. 20th. “If they belong to different Muhals, and there is no division of proceeds, mo area is given in column 4, but a statement of the circumstances, and the area of the entire hulkah, are entered in the remarks. Muhalwar Registers. 21st. “When each village has been allotted to its Muhal in the manner noted above, the Muhals are entered under separate numbers in the Muhalwar Register with their total areas and jummas, the latter being attested by the tuhseelee mo- hurirs of the Collector's office after comparison with their books. 22nd. “A statement of the condition of each Muhal as regards cultivation is given in the column of remarks, and where lands have been measured by khusreh, or are held ijmal, or are the property of Government, a note of the circumstance is also made. 23rd. “If any village entered in the lists has not been found, a note is made of it'in the remarks. 24th. “When the Muhal is a resumed Muhal, or has been realeased from assessment by competent authority, a note of the date of resumption or release and the authority by whom the orders have been passed is given. O 25th. “A note of the nature of the settlement is also given (whether in per- petuity or for a term of years) when the Muhal has been placed on the Collector's rent-roll. 26th. “But if the settlement has not been confirmed and placed on the rent- roll, then the columns headed ‘proprietor,’ and ‘jumma' are left vacant, to be filled up by the Collector hereafter. 27the “If after enquiry regarding any village, of the nature specified in para- graph 9 of this letter, an opinion is recorded that it belongs to any particular Mu- hal, a copy of my proceedings is forwarded to the Collector, in order that he may take Iſlea- * This village is entered thus in the Register. sures to pro- : Mu-Proprie- Mouzahs. Area in Jumma. | Remarks. tect the Go- Z hals. tor. 8CrêS. f vernment in- - in Sooltanpore About hal' terests, if he • g| * * |} 193 || 0 |11| 0 || 0 || 0 | of Mouzah differs in opi. § -d -: Andhoo. p # = CO Amadpore | nion, as in the 82.É.3 || 5 Bazabegha. f is jungle; case of Mou i 2- d • - 0 || 1 () | | 1 5-- ? - # = | # oft.* 166 10|16.1 º: º Zah Amad- = 3 p º the . Muhal pore belong- 07 o > Amadpore. 133 || 2 || 8 || 0 || 0 || 0 is in full #. to Muhal O cultivation. Sooltanpore A detail of the circumstances of eachf willage will be found at the oorf Andhoo, head of the professional plans. Mouzah Amadpore is not entered in No. 82, in the any list, but it appeared on enquiry that it appertained to the Mu- Muhalwarre- hal Sookanpore oorf Andhoo, and has been so entered in conse- gister of per- quence. * A copy of the proceedings, dated 17th Nowember, 1843, gunnah Mu- has been forwarded to the Collector, in order that he may take hair.”% measures to protect the Government interests if he differs in opinion. 44th. The state- Appendix, No. 1. \ ment to be given in the column of remarks in the Muhalwarkegister, as to the quantity of land in cultiva- tion and the ma- - ture of the crops, is derived from the Thakbust maps and the notes at the head of the profes- sional plans. Y J XII APPENDIX. Appendix, No. 1. U -Y 28th. “And in the same manner, if I think th: village is not included in any Muhal, and it is thereby entered as a distinct Muhal, a copy of my proceeding is forwarded to the Collector in order that he may place the Estate upon his file for trial under Regulation 2, of 1819, as in the case of Mouzah Buhbul Chuck, No. 109, in the Muhalwar Register of pergunnah Sonout.* * This village is entered thus in the Register. ſº 29th. ." The above com- § e 0. prises every description of —: |}|al Area in case I have met with, nor No. 3|al 3 acres. Jumma. Remarks. does it occur to me that # š # any information necessary to the full comprehension # # The village is inha- of the condition of Estates, p 5 º is wantifig. Details must of -- || |-c bited. The lands - O a C are in full culti- **** be obtained from 109 || || 0 || || 80 || 3 |26|| 0 || 0 || 0 º ... ." | the thakbust and other C c Vation ; irrigation| sº -> --> - C & º missils ; but the informa- ~ || |.c is obtained from . • * º C º nes and wells, tion given in the Register ſo | |CC pynes, º | is quite sufficient for all The village is not matters of general refer entered in any list, and, appears from the enquiries ence.” 8. I6 ICI - instituted to be minhaie, unattached to any Muhal. ſº A roobokarree dated 13th September, 1843, was for- warded to the Collector, requesting him to place it on his file for trial under Regulation 2, of 1819. Note.—In Bengal Districts, the English Mouzahwar and Muhalwar Registers must shew the names of Mouzahs and Muhals in the Bengalee character also. The Mouzahwar Registers are to be arranged according to the Bengalee alphabet; the Muhalwar Registers according to the English alphabet.* Vernacular copies of the Registers are not required for the Board's office; but the English Registers are to be copied for record in the Board's office under the following rules : The Registers to be carefully and neatly transcribed in the Collector's office; those of each pergunnah to be separately forwarded to the Board, as soon as com- pleted, unbound, but paged. The transcription may be charged for in bills to be submitted to the Board, (who will include the amounts in their own section bills) at the rate of 1000 words per rupee. The present established section rate in Calcutta is 1440 words per rupee, but to ensure good and careful writing, and to allow for the ruling required, the Board are prepared to pay at the old rate above-mentioned. 45th. The condi- tion of estates in regard to the non- division of lands, is taken from the de- positions alluded to in paragraphs 14 and 15 of this let- ter; and the shares of rent, in imalee holdings, appropri- ated by the pro- prietors on account of their respective Muhals, are given from the enquiries instituted by the Deputy Collectors in regard to such shares alluded to in para. 9. 46th. With respect to the names of the proprietors of the different Muhals to be given in column 3, I propose to obtain them Note.—The Surveyor not having * from the records of the Collector and Khas in his maps for any pergunnah, no Regis- Muhal Officer in all cases where the Muhals are ***** found in their lists. There not being any record in many instances in regard to the excess Muhals, the names of the proprietors in those cases must be taken from the thakbust map and the statements of the Canoongoes; but in all recorded Muhals it seems that such a course would be objectionable as being liable to error. The mere insertion in the Register of the name of a party not really a proprietor might afford ground for a claim, and it is impossible, if the ameens’ statements were to be taken, to say how many such false entries might occur; whilst, on the contrary, by the insertion of the names of those proprietors only who by dakil kharij or otherwise are recognized in the different offices, no person can be subjected to the slightest injustice, and no fresh ground will be afforded for future litigation. 47th. The Register Mouzahwar I propose to arrange according to the Persian, not the English alphabet. It is the only means by which a ready refèrence to the different villages can be obtained, and as it has always, I believe, been the arrange- O * The latest orders direct that the vernacular arrangement shall be followed in both. APPENDEX. xiii ment in force in the North Western Provinces I apprehend there can be no objection to the introduction of it here. 48th. I have now detailed in full the system upon which the survey is con- ducted, and I trust from my remarks and by reference to the Appendix, that no part of the proceedings will be obscure. It only remains for me to state the means I have adopted to expedite the demarcation of villages and decrease the number of disputed boundaries. 49th. In order to expedite the demarcation of villages, I have thrown all responsibility on the ameens, admitting no excuse on the score of the non-attendance of the parties concerned. It is not to be supposed that those parties will refuse to attend if duly summoned : they have every thing to lose and nothing to gain by so doing. They are exposed to the encroachments of their neighbours and to the payment of tullubana or the infliction of fines, without deriving any single advantage by their absence, and I cannot credit, therefore, in cases where they are reported to have refused to attend, that due notice has been given them by the ameems. But besides this, I have good reason to believe that the reports of non-attendance are often mere screens for extortion. An ameen on going to an estate demands so much money for his good will; the money is refused, and he sends in a report of non-attendance in revenge. I do not suppose that one report in five has any better foundation, and I have therefore considered an ameen from whom such reports are frequently received to have shewn that he is unworthy of trust. 50th. But if parties do attend, there can then be no excuse whatever for a deficiency of work, and every ameen has accordingly been discharged whose returns Appendix, No. 1. dºpp O Y- have exhibited a small number of circuits mapped, without a good and apparent cause, " such as the great extent of the villages. 51st. The result has been that I have not had one complaint of extortion lodged against a thakbust ameen up to the present time, and the standard of work is so much increased, that most of the ameens have lately mapped more than 25 circuits per mensem,” and thereby become entitled to rewards. * See Para. 3 of this letter. 52nd. In the matter of boundary disputes likewise, I throw as much respon- sibility as possible on the ameens. I am confident that more depends upon them than can readily be supposed. Very few disputes are actually existing immediately before the measurements are commenced; almost all that are brought forward are old and before determined claims, and these claims it is generally in the power of the ameens to induce the parties to forego. They are put forth for the most part, merely because the nature of the decision to be passed by the Deputy Collector is not well understood. It is thought that right as well as possession will be enquired into, and the claims are preferred solely in the hope that the right set aside by former decisions may be recognized by the Deputy Collector. The parties are so well aware of the difficulty of fraudulently proving possession in the course of a local investigation, that they will rarely attempt it if they have no other object in view ; d 2 xiv APPENDIX. Appendix, No. 1. U e Y- _j O and it is on this account the duty of the ameen particularly to explain to them the nature of the decision which will be passed. Where this is done disputes rarely happen; where it is not, they are of constant occurrence, and clearly arise from in- capacity or want of exertion on the part of the ameen. Para. 53. The practice here described should be exercised …- 53rd. For this reason, then, with circumspection, or it may lead to the suppression in the ameen's papers of real disputes. . - are prevalent, the ameen is removed; and to this cause, joined to the regular and full enquiry which is instituted in the cases that come up for decision, may be imputed the great decrease which has taken place in the number of suits up to the present time. During the first three, months of last season, the average was 13 per cent. on the villages demarcated; during the ensuing six months, it had diminished to 7% per cent. ; whilst in the present season, the average has still further decreased to between 2 and 3 per cent. only, most of which are suits for tracts of uncultivated whenever disputes in a circuit lands which have, in all probability, never actually been in the possession of either party. Para. 54. In order that it may be understood that the feel- 54th. The authority upon ings of the zemindars in regard to the survey are favourable, when the operations are judiciously and efficiently conducted and º supervised, the Board annex an extract on the subject from one which my measures have been of their letters to Government. “It will be seen that the Superintendents have adopted every possible precaution to prevent extortion or oppression on the part of the subordinate agents; and it is very gratifying to learn that the operations are looked upon with satisfaction rather wº º in or than dislike by the native community. Mr. Lushington testifies alluded to in the foregoing that every thing has gone on ‘most smoothly,’ and that the zemindars have lost the apprehensions which they at first enter- paragraph, will be found in the tained; and Mr. Chapman has found them “generally willing to & render any assistance,’ and able to appreciate the benefits which the survey is calculated to afford.” based, if not given in the letters correspondence noted in the margin, and the details of management, whether in regard to the statements to be () 1. Commissioner to Superintendent, No. furnished by ameens, the enquiries to be instituted 823, dººd lººpºº, ºl. 2. Memorandum of a “dustoor-ool- umul” addressed to the Deputy Collectors, by Deputy Collectors, or the khusreh measure- which accompanied the above. 3. Sudder Board to Commissioner, No. 290, dated 28th August, 1841. 4. Commissioner to Surveyor, No. 821, dated 13th September, 1841. sº e & 5. Sudder Board to Commissioner, No. up by myself, will in no respect be found at 363, dated 3rd November, 1841. º tº tº º 6. Deputy Surveyor General to Sudder variance with the spirit of the instructions therein Board, No. 4, dated 19th October, 1841. 7. Extract from a letter from the Sudder e Board to the Commissioner of Cuttack, No. contained. 286, dated 29th October, 1841. ments, which have for the most part been drawn APPENDIX. XV No. 2. Appendis, No. 2. J CIVIL ABSENTEE REGULATIONS, --- PASSED IN THE FINANCIAL DEPARTMENT UNDER DATE THE 29th JANUARy, 1840, As MODIFIED.ON THE 17th MAY, 1843.4 © CHAPTER I. O Rules for application for leave of absence, and for firing the local limits within which fit may be granted. Section I-No leave of absence from any office or station can be granted but by the Government of the Presidency under Note:-This Rule must be considered & g - as Superseding the rule under which Com- which the employment is held, and on the applica- missioners of the Land Revenue and other officers have heretofore been allowed to grant leave of absence in Bengal. such cases as may hereinafter be specially excepted. The application must be made publicly through the regular channel in the department to which the applicant may belong. tion of the party requiring such leave, saving in Applications to state the particular Section under which leave is solicited. The applicant is not permitted to revise his application at a subsequent period. (Financial Department, 2nd Sept., 1848.) Section II.-The official allowances of the holder of a civil office quitting his station without leave, will entirely cease from the date of his quitting until his return, or, in the event of his subsequently obtaining leave, to the date of such leave being granted to him. Section III-No leave of absence shall have any retrospective effect except in cases of severe illness, to be attested by medical certificate, conforming in every respect to the directions contained in Section V. . The leave with restrospective effect, referred to in this Section, is leave extending to absence antece- dent to the permission of the Government, that is, to absence in anticipation of original leave withouf the eacuse of sickness. (Financial Department 14th April, 1841.) The Hon’ble the President in Council is pleased to notify for general information, that under the orders of the Hon’ble the Court of Directors, conveyed in their Despatch No. 21 of 1842, dated 12th October, in all future cases, the rule that no leave of absence shall have any retrospective effect except in cases of severe illness, will be held to be applicable to all unauthorized absence, whether antecedent to the grant of leave, or subsequent to its termination. (Finl. Dept. 11th January, 1843.) Tending a reference to the Hon’ble the Court of Directors on the subject of the above orders, the Governor-General in Council will take into favourable consideration, applications for retrospective leave whenever the failure to obtain timely leave may prove to arise out of circumstances over which the parties concerned have no control. (Finl. Dept. 7th June, 1845.) * The marginal notes shew the interpretation put by the Council of India upon the Rules in their application to cases not specifically mentioned, at the time of the first promulgation of the Rules. The notes following the text shew the constructions which have at different times subsequently been held on the Rules. The Rules printed in italics are intended to shew how they stood prior to the amend- ments of May, PS43, or later amendments. The Officers of Government in the Law Department at the Presidency are not admitted to the benefit of these Rules. The rule applicable to them is an old one of the 23rd February, 1831, which prescribes that when the Advocate General or Attorney may proceed to sea, the substitute appointed by the loeal Government shall receive half the salaſy during absence not exceeding 18 months, and after the expiration of that period, the whole. A second absence involves forfeiture of the entire salary. xvi. AEPENDIX. Appendix, No. 2. C _l Y- & Section IV.-Upon application duly made, the Government of each Presidency may grant leave of absence to any place or places in the continent of India, whether within the territories subject to the Government of the East India Company, or not, to any Civil or Military servant holding a civil appointment, subject to all the conditions prescribed in these Rules that may be applicable to his case. Upon similar application, the Government of each Presidency may also grant leave to such persons, subject to the like conditions, to proceed to the island of St. Helena, the colony of the Cape of Good Hope, or to any place situate between the 36th degree of North Latitude and the 50th degree of South Latitude, such place being likewise between the 30th and the 180th degrees of Longitude East of Greenwich; excepting however any islands in the Mediterranean or Levant, and excepting all places within the said geographical limits which may form part of Europe." Provided also, that if at any time the Government of India shall deem it expedient to exclude any place or places within the limits above described from the operation of these Rules, such exclusion shall be officially communicated to the subordinate Govern- ments, and all leaves subsequently granted shall be regulated accordingly. A servant passing the limits herein prescribed, will incur the immediate forfeiture of his office or employment, and of all official allowances whatever, from the date of his quitting India.” CHAPTER II. Rules for Sick Leave. Q Section V.--When an application for leave of absence is made on the ground of ill health, it must be accompanied by a certificate from the Medical Officer by whom the applicant has been attended, distinctly stating, from personal observation, the mature of the disease, the symptoms by which it is manifested, the period during which it has existed as far as the knowledge of the Medical Officer extends, and the necessity for temporary removal to some other place, either within the territories subject to the Government of the East India Company or beyond them, but within the limits laid down in Section IV., as the case may be ; and such certificate must be submitted to the consideration of the Medical Board, and if satisfactory, shall be countersigned by one of its Members. An application for an extension of leave must, if the applicant be in India, be accompanied by a certificate from the Medical Officer by whom the applicant is attended, shewing sufficient reason for the extensión solicited, and such certificate, like the former, must be examined and countersigned by a Member of the Medical Board. If the applicant shall have proceeded beyond the territories under the Government of the East India Company, he must furnish (. { * Leave beyond sea is reckoned from the date of the pilot quitting the vessel on which an Officer has embarked, to the date of the pilot taking charge of the vessel on which he may return, inclusive of the former, and exclusive of the latter date. Departures to be reported to the Selretary to Government in the General Department, on the pilot quitting the ship. APPENDIX xvii a certificate to the required effect from a Surgeon or Physician at the place of his Appendix, No. 2. t - \- L/ temporary residence by whom he has been attended, such attendance and the period Y- of it to be stated, and the certificate to be countersigned by the principal Medical Authority of the colony or country. When any of the required particulars are aeglected, leave will be refused. ” O In cases of extreme urgency, which, owing to the distance of the residence of the Medical Board, preclude the previous reference to that Authority, the certificate of the Medical Attendant required from applicants for leave of absence on account of ill health, shall be submitted by them for the consideration and countersignature of the Superintending Surgeon of the Division, or of the nearest Division, which Officer in these cases will be responsible for the prescribed regularity of the certificate, instead of the Medical Board.* (Finl. Dept. 24th June, 1840.) Section “VI.—Civil servants absent from their stations under medical certificate, will be entitled to the salaries of their respective offices subject to #he following deduc- tions. If the salary eacceed Rs. 2,000 per mensem, one-sixth for the first year, and jor the second year, one-fourth. If the salary do not eaceed Rs. 2,000 per mensem, one- eighth for the first year, and one-sixth jor the second. But if the salary of office be not more than Rs. 500 per mensem, no deduction shall be made for the first year; and if it be only so much more that the prescribed deduction of one-eighth would reduce the allowance below Rs. 500 per mensem, only the excess beyond Rs. 500 shall be deducted. For the second year the absentee shall become liable to the deduction of one-eighth. An absent servant shall in no case retain any office or employment, nor be permitted to draw any portion of official salary for a longer period than two years, but a Civil servant who may on account of sickness duly certified, obtain an eatension of leave beyond two years, will, if below the rank of a Senior Merchant, be allowed to draw the O subsistence allowance of a Junior Merchant, and if a Senior Merchant, the subsistence allowance of his rank; but if he continue absent in disobedience of an order to return or without sufficient cause shewn, that allowance also will àe forfeited. The period of ab- sence shall be computed from the date at which the absentee shall quit the limits of the territories subject to the Presidency to which he may belong, to the date of his return within such limits ; or if he shall proceed beyond sea, from the date of his embarking at any place or port in India which is not more distant from his station than the ports of his own Presidency; but if the place to which he shall proceed shall be within the territories subject to such Presidency, his period of absence shall be computed from the date of his quitting his station to the date of his return thereto. - Section VI.-(Amended.) Civil servants absent from their stations under . medical certificate beyond the limits of their respective Presidencies, will be enti- * Medical certificates granted to Officers employed in the Provinces, under which they propose to proceed to the hills without visiting the Presidency, (in which latter instance the necessity of the case will be certified by a Member of the Medical Board,) must be countersigned by the Superintending Surgeon of the Division. It will rest with the Government to admit of exception to the strict observance of this Rule in cases of great emergency, or when attendance on the Superintending Surgeonewould be hazardous and extremely inconvenient to an Officer in a very delicate or precarious state of health. € xviii APPENDIX. Appendix, No. 2. \ -Y- J tled to the salaries of their respective offices, subject to the following deductions. If the salary exceed Rs. 2,000 per mensem, one-sixth for the first year, and for the second year one-fourth. If the salary do not exceed Rs. 2,000 per mensem, one- eighth for the first year, and one-sixth for the second. But if the salary of office be not more than Rs. 509 per mensem, no dedubtion shall be made for the first year; and if it be only so much more that the prescribed deduction of one-eighth would reduce the allowance below Rs. 500 per mensem, only the excess beyond Rs. 500 shall be.deducted. For the second year the absentee shall become liable to the deduction of one-eighth. The period of absence shall be computed from the date at which the absentee shall quit the limits of the territories subject to the Presidency to which he may belong, to the date of his return within such limits ; or if he shall proceed beyond sea, from the date of his embarking at any place or port in India which is not more distant from his station than the ports of his own Presidency. Civil servants absent from their stations under medical certificate within the limits of their respective Presidencies, shall be entitled to the salaries of their offices for the period of two years, subject to a deduction of one-third for the whole term of such absence, save and except that for the first year. If the salary be not more than Rs. 500 per mensem, no deduction shall be made; and if it be only so much more than Rs. 500 that the prescribed deduction of one-third would reduce the allowance below that sum, only the excess beyond Rs. 500 shall be deducted; but for the second year, the full deduction shall be in force. The period of absence shall be computed from the date of his quitting his station to the date of his return thereto. An absent servant, whether Civil or Military, shall in no case retain any civil office or employment, nor be permitted to draw any portion of official salary for a longer period than two years; but a Civil servant who may, on account of sickness duly certified, obtain an extension of leave beyond two years, shall, if his period of actual residence be less than twelve years, be allowed to draw the second rate of subsistence allowance, and if the period of such actual residence be twelve years, the highest rate of subsistence allowance; but if he continue absent in disobedience of an order to return, or without sufficient cause shewn, that allowance also shall be forfeited. A servant is not allowed to be absent, retaining “office or employment” or “any portion of official salary” for a period exceeding two years; but extension of leave may be obtained on account of sick- ness duly certified, and during such extension the absentee is authorized to draw the subsistence allowance of his rank. If the absence be beyond the territories of the Presidency to which the servant belongs, it is to be computed from the date of his quitting the limits of his Presidency to the date of his return within those limits; if beyond sea, from the date of his embarkation from the port of his Presidency, or from any port not more distant than the port of his Presidency, to the date of his return within the limits of his Presidency. If the place to which he shall proceed be within the territories subject to his Presidency, his period of absence shall be computed from the date of his quitting his station to the date of his return thereto. A second leave of this kind cannot be granted until three years at the least shall have passed after the date of such servant’s return, but any time short of two years in a previous absence may be APPENDIX. xix P subsequently allowed in completion of two years. The note attached to Section VIII. specifies that this Rule applies to all descriptions of leave on account of health excepting those granted under Section XII. After two years of absence, continuous or accumulated, under these Rules, if a servant obtain leave of absence on sick certificate before an interval has passed of three years, he cannot retain office or employment, or any portion of official salary, but he is entitled to the subsistence allowance of his .* An absent servant shall in no case rank. The rule in Section VI.4 if literally interpreted, would retain any office or employment, nor be e e permitted to draw any portion of official ** the servant returning from beyond sea, whose full salary for a longer period than two years. period of two years had expired between the date of his embarkation and the date of his return within the limits of his Presidency, to be re-appointed to his office. For the time spent in joining his station in excess of two years, he is entitled to draw only the subsistence allowance of his rank. Q It is not provided that in cases in which the full period of two years absence is composed of accumulated lèaves, the intervals of time passed in the performance of duty shall be reckoned in part of the three years which must expire before a servant is eligible to a new seriès of leave. But if this were not allowed, the operation of the Rule might be unintentionally severe on a servant whose health should compel him to obtain leave of absence for a portion of the two years, say for only a month, at the extremity of the three years after the date of his return, the same servant having been already absent for twenty-three months either all at once, or his absences at different times having accumulated to twenty-three months: it could not have been intended by the Rule that after thirty-five months of duty, being entitled to one month on account of the old score, a new series of leave, or a single instance of leave on sick certificate, should not be obtainable for three years from the expiration of that one or thirty-sixth month. The Rules do not prescribe any different rate of deduction from allowances during absence on sick certificate within the territories of the East India Company, and during similar absence at the Cape of Good Hope, or within the limits out of the territories of the East India Company declared in Section IV., but they fix the computation of the servant’s absence beyond the Presidencies to be from the date of leaving to the date of returning to the port of his Presidency. The Rules provide sufficiently for the audit of his allowances after two years' absence beyond” sea, until the servant rejoins his station; but they do not specify what rate of deduction is to be made from the absentee’s allowance for the time elapsing after departure from his station and before embarka- tion. This, therefore has required to be provided for by a new regulation or by some exposition of the existing Rules. The Rule that admits of an absence of two years enables a sick servant to reside sufficiently long in another climate under ordinary circumstances to re-establish his health, for which object that protricted absence is permitted when certified to be necessary. Forfeiture of appointment, therefore, does not take place till full two years have transpired between embarkation and return to port. If the latter part of Section VI. be taken to apply only to computation of absence as respects appointment, the course of the Auditor will be easy. For two years, reckoning from departure from station to return to station, the deduction will be as laid down at the commencement of the Section ; and for any excess, whether occasioned by the time elapsing before embarkation or after return to Port until return to station, the servant will be entitled to subsistence allowance without losing his appointment. (Finl. Dept. 14th April, 1841.) Section VII.-Civil servants absent on leave on account of sickness duly certified, if they proceed to England without returning to their Presidency, may as heretofore apply to be admitted to furlough by the Hon’ble the Court of Directors; and the furlough will in such cases take effect from the date of leaving their Presi- dency: consequently, the allowances of office that may have been drawn by them- Appendix, No. ~~ O * e —' XX. APPENDIX. Appendix, No. \- *- -Y- 2. —ſ selves or by their agents after their departure must in that case be re-adjusted, and the difference refunded. Section VIII. No second leave will be granted to any Civil or Military servant holding a civil appointment, who has been absent ... Nº This lººp.º.º.º.º.º. o - , tions of leave on account of health excepting under the abové Rules for two years, until three those granted under Section XII. es . Thus, a second leave within the Presiden- years at the least shall have passed after the date cy......"...i of such servant's return ; but if such servant is be computed as fºrming part of the Pºiod º - º of two years, if taken before three years have compelled by. sickness agaln to absent himself elapsed since return from the first leave; e & tº a “º e º * º ; , , ...” and the deductions will be made upon from his station within three years after having jatiºn, accumulated periº of been absent under the above Rules for less than absence under all such leaves take" without e O the intervention of three years of consecu- two years, he will be allowed to complete that tive service. period, subject to the limitations and conditions heretofore prescribed, trawing the proportion of salary"allowed for the remaining time as if the leave had been con- tinuous. - Section IX—Military officers” employed in the Civil Department, and drawing a civil allowance, may obtain leave under medical certificate on precisely the same conditions as Civil servants, except as to allowances. Such officers, in common with those holding staff situations in the Military Department, will draw the military payi and allowances of their rank while absent on leave under medical certificate, (in the form and mammer prescribed in General Orders in the Military Department), and likewise one-half of the difference; between such allowances and the civil pay of the offices to which they stand appointed. - Section X-Civil or Military servants holding civil appointments, who may desire to avail themselves of the benefit of the Act I. Vic. Cap. 47, and to draw their allowances, while absent on account of sickness, under the above rules, will be required to give security in such amount and form$ as may be fixed by the Govern- * Military officers employed on civil duties, before applying through the Adjutant General’s office for leave to proceed to sea or on furlough, to notify their intention to the Government under which they are civilly employed. (Calcutta Gazette, 21st October, 1835.) iſ The military pay of officers employed in civil situations to which fixed allowances are attached, is to be included in those allowances by order of the Home Authorities, their military pay thus mak- ing a portion of such fixed civil allowances. j. A military man in civil employ when officiating for another in a civil office, draws precisely the amount deducted from the absentee’s allowances, and forfeits the same half difference between lis military allowances and the salary of his office, to pay the person acting for himself. See Sec. xix. infra. º § The usual form of security is as follows: I (or we) A. B. agent (or agents) of C. D. of the Bengal Civil (or Military) service, do hereby engage, in the event of my (or our) being permitted to draw the pay and allowances of my (or our) aforementioned constituent during his authorized absence from, this Presidency, to be answerable for all public retrenchments that may be issued against him to the amount of my (or our) receipts, and to refund the entire amount of all sums drawn by me (or us) on his account during his absence, in the event of his not returning to Bengal within a period of two years (death excepted)—his eventually proceeding to Europe, on having obtained permission to do so, included. (Signed) A. B. APPENDIX, xxi J D ment, for the refund of any cxcess that may be drawn either by their agents at Appendix, No. 2. the Presidency or by themselves, in case of their proceeding to Europe on furlough, ~~ or otherwise coming under retrenchment.* CHAPTER III. Rules for Leave on Private Affairs. Section XI.f-The Government. of each Presidency may grant to Civil or Military servants holding civil appointments, leave of absence for one month in each year, without deduction from the salaries and emoluments drawn by such servants. Such leave however will only be granted when the Government is satisfied that no inconvenience will arise from the departure of the Officer seeking it. No second leave can be granted under this Rule until the completion of eleven months from the expiration of the last leave; but servants not availing themselves of the indulgence in any one year may obtain, under the like conditions, leave of absence for two successive months, to commence at or after the eaſpiration of twenty-two months from the termination of their former leave; and if two years elapse without enjoyment of the privilege, leave for three months may, in like manner, be granted at the eaſyiration of thirty-three months jrom the termination of the last preceding leave. But no leave shall be granted under this Rule for any period eaceeding three months. If an Officer shall not return at the eaſpiration of the period of leave granted him under this Rule, he shall, if absent on private affairs, be subjected to the deduction of one-third of his salary and allowances for the entire term of absence; and if he shall continue absent for more than one J) month beyond the term granted, his office shall become vacant. If his protracted absence be occasioned by sickness, the case must be determined under the provisions of Chapter II. A Section XI.-(Amended.) The Government of each Presidency may grant to w Civil or Military servants holding civil appointments, leave of absence for one month in each year, without deduction from the salaries and emoluments drawn by such servants. Such leave however will only be granted when the Government is satisfied that no inconvenience or eapense will arise from the departure of the Officer seeking it. No * When salaries of Civil servants in the North West Provinces are made payable in Calcutta, the Secretary to Government in the General Department at Calcutta should be furnished with a certificate of the last payments made and due, fróm the offices of audit at Agra, through the applicant himself. ...t It was ruled in the Judicial Department that the provisions of this Rule are not applicable to cases of Officers on leave on medical certificate. Orders from the same Department require Judges to submit their applications for leave under this Section through the Sudder Court.—It was also ob- served, in a despatch dated the 19th August, 1846, in reply to a reference from the Government of Madras, that in Bengal, the time passed by a Civil servant out of employ is allowed to reckon in calculating the period required to entitle him to leave under this Section. † This amended Rule has since been canoelled, and more recent amendments substituted. jº Wide infia. xxii APPENDIX. Appendix, No. 2. app — -Y Q second leave can be granted under this Rºle until the completion of eleven months from the eaſpiration of the last leave. The authority of the Court of Directors granting leave of absence to a Military Officer employed in a civil situation for one month in the year without loss of allowances, will apply only to the case of an absentee for the efficient discharge of whose duties flie Government can provide without any expense. In other cases the absentee must suffer deduction of such proportion of his allowances as will provide for the charge of deputing a locum tenens.” Referring again to Section XI. of the absentee Rules of January, 1840, his Lordship in Council observes that the Hon’ble Court have permitted the Government of each Pre: sidency to grant to Civil or Military servants holding civil appointments, leave of absence without" deduction from their allowances, for one, two and three months, according to the periods there specified, during which they have been engaged in the uninterrupted performance of their duty : such leave however only to be granted when the Govern- ment is satisfied that no inconvenience will arise from the departure of the Officer seeking it. The Governor-General in Council considers it quite clear, accordingly, that Military servants in civil employ- ment cannot be allowed the privilege of Section XI. of the Absentee Rules in the extended sense in which the privilege may be construed as appertaining to the members of the * The Governor-General in Council resolves that the practice in force prior to 1840 (for regulating deductions on account of leave to Medical Officers) shall be ad- hered to, and that the allowances of Civil Surgeons shall be regulated solely by the order of June, 1830, which provides that when a Medical Officer in civil employ shall proceed on leave of absence from his station, whether on private affairs or medical certificate, he shall be entitled to draw, subject to the rules in the Mi- litary Department, during such absence, if a Surgeon, Rs. 415-6, and if an Assist- ant Surgeon, Rs. 256-10 per mensem ;- the Medical Officer performing the duties of the absentee, receiving the entire allowances of the situation in which he may be ap- pointed to officiate, whless he be in medi- cal charge of a regiment, or wing of a regiment at the same station, in which case he will receive his military allowances for such charge, and 100 Rs. a month addi- tional for the performance of the civil any inconvenience or to any expense by the arrangement duties. (Finl. Dept. 1st September, 1843.) Officers in civil medical employment shall forfeit their entire Civil pay during their absence either on private affairs or medical certificate. The locum tenens to get the entire civil pay unless he be in medical charge of a regiment at the same station, when he will only draw 100 Rs. additional. Officers absent more than six civil service. A leave of absence for one month without loss of allow- ances may be granted to a Military servant in civil employ- ment only in a case in which the Government is not put to made for the efficient discharge of his duties. 14th July, 1841.) 4 months to lose their civil employ. (Finl. The design of this Rule is to grant one leave of absence Dept. 22nd November, 1843.) without loss of salary to the servant who is present at his duty for the period specified. (Finl. Dept. 14th April, 1841.) This construction to be adhered to, pending a reply from the Court of Directors to a reference made to them on the subject. (Finl. Dept. 24th January, 1844.) (Finl. Dept. Eatract from a Despatch from the Hon'ble the Court of Directors, No. 21 of 1842, para, 10. “It appears farther to be your impression that an Officer is entitled to avail himself of the leave granted under Section XI., although he may within the year have taken leave for several months under sick certificate. This cannot be admitted. The leave under Section XI. is to be regarded as a reasonable indulgence extended in consideration of constant and unremitting service during continuous periods of ll, 22 or 33 months; and those who do not in this manner earn the privilege, ought not to be per- mitted to enjoy it. The only exception to the application of the principle should be where special leave is taken on private affairs, and the servant subjected to the large deduction made in such cases from his official emoluments.” (Finl. Dept. 2nd May, 1851.) tj If a servant absent on his private affairs under Section XI. shall apply for an extension of leave under medical certificate, he shall be considered to be liable to the Rules applicable to leave of absence on medical certificate for the whole period of his absence, calculating from the commencement of the leave granted to him under Section XI. of the Absentee Rules. (Finl. Dept. 19th July, 1844.), An Officer whilst absent on leave on medical certificate cannot be permitted to commute it to leave under this Section. (Finl. Dept. 2nd August, 1844.) APPENDIX. xxiii 2 The Government of Bengal authorized at its discretion, and provided it be attended with no Appendix, No. 2. inconvenience to the public service, to grant to such servants only as under the old Rules of January, S ~~ J 1840, may have acquired a title to the indulgence by a continued residence of 22 or 33 months at A their respective stations up to the date of promulgation of the amended Rules of May, 1843, leave of absence free from deduction, for two or three months, as the case may be, under Section XI. of the Rules prior to their amendment. b Reckoning from the date of the publication of the amended Rules of May, 1843, Section XI. will have full force in its amended shape, and the Hon’ble Court particularly enjoin that the one month of absence grantable under that Section, shall be invariably attended with the conditions that it shall be without injury to the public business and without expense to the Government. In all other respects the amended Rules of May, 1843, continue unchanged. (Finl. Dept. 23rd August, 1844.) Medical Officers employed in the Education Department are to be treated under the Rules appli- cable to Military Officers in civil employ. (Finl. Dept. 22nd January, 1847.) The President in Council resolves that, in accordance with the spirit of the intention of the Hon’ble the Court of Directors, the construction of Section XI. of the Abséntee Regulations, which determines that leave of absence on private affairs without loss of allowances shall be granted at the pleasure of Government, and when it is attended with no inconvenience or expense to the State, in one period only, whether for a whole month or less, and not in detached portions to complete one month within the year, shall be the general rule of guidance; and that the term “ year” shall be held to mean the calendar year, commencing with the lst of January and ending with the 31st December, but that, as an exception to this Rule, it shall be discretional with the several local Governments, where good cause is shewn for the indulgence, and it is attended with no public inconvenience, to sanction leave of absence under Section XI. to such parties as may not have occasion to apply for the whole at once, in instalments not to exceed in the aggregate one month within the calendar year, on the understanding that no leave can be granted for any fresh calendar year until the completion of three months from the expiration of the entire leave, or of the last instalment of leave taken in the past calendar year. (Finl. Dept. 12th November, 1847.) - D , In pursuance of instructions received from the Hon’ble the Court of Directors, the Right Hon’ble, the Governor General in Council is pleased to direct the publication of the following amendment of Section XI. of the Civil Absentee Regulations, and to motify that the further modification of that Section, as adopted by the Resolution of the IIon’ble the President in Council, under date the 12th November last, will also be held to be in force until further orders. (Finl. Dept. 5th February, 1848.) Section XI.--(Revised.)* The Government of each Presidency may grant to Civil or Military servants holding civil appointments, leave of absence for one month in each year, without deduction from the salaries and emoluments drawn by such servants. Such leave will however only be granted when the Government is satisfied that no inconvenience or expense will arise from the departure of the Officer seeking it. In cases where the Government may find it mecessary to provide a substitute to officiate during the absence of any Officer, the expense incurred must be defrayed by the absentee. No second leave can be granted under this Rule until the completion of eleven months from the expiration of the last leave. In the opinion of the President in Council, it was the intention of the Government of India by the notification of the 5th February, 1848, to continue so much of the modification of Section XI. of the Absentee Regulations which was adopted by the previous resolution of the 12th November, 1847, as provºdes for calculation of leave by the calendar year, and the observance of an interval of three * See an additional clause to this Section below. xxiv. APPENDIX. Appendix, No. 2. \ -N- J t instead of eleven months between any two whoſe leaves, or portions of leave, of separate calendar years. (Finl. Dept. 12th May, 1849.) Leave under this Section cannot be granted to an Officer whilst absent from his duties on medical certificate. If private affairs leave is conceded, it can only be treated under Section XII. (Finl. Dept. 3rd May, 1850.) , t Whatever cost of all descriptions the Government is subjected to in consequence of a servant being absent from his duty under Section XI. of the Regulations, to which it would not have been liable had that servant been present at his post, that servant must be mulcted out of his allowances. (Finl. Dept. 28th June, 1850.) Under instructions from the Hon’ble Court of Directors conveyed in a Despatch in the Finan- cial Department, No. 34 of 1851, dated 18th June, the President in Council is pleased to direct the publication of the following additional clause to Section XI. of the Civil Absentee Regulations of the 17th May, 1843. (Finl. Dept. 8th August, 1851.) Section XI-(Additional Clause.) Civil servants or Military servants holding civil appointments, absent from their stations under medical certificate, cannot be admitted to leave under this Rule in continuation of their sick leave, and if, while absent under this Rule, they be granted extended leave under medical certificate, they shall be considered liable to the Rules applicable to leave of absence on medical certificate for the whole period of their absence. Section XII−The Government of each Presidency may, on sufficient cause being shewn, grant to a Civil or Military Officer holding a civil office, special leave of absence on private affairs. Provided however that if any officer to whom such leave shall be granted shall be absent from his station for any period exceeding that to which under the last Rule he may be entitled without deduction, the absentee, if a Civil servant, shall for the period in ea cess draw no more than one-half of his salary and allowances; and if , a Military officer, only so much of the salary and allowances of any civil office to which he may stand appointed, as, added to the military pay and allowances which he Thay be entitled to draw, shall equal one-half of the emoluments of such civil office. After an absence of three months (evclusive of any period which may be granted under Section XI.) any office held by the absentee shall become vacant. No second leave under this Rule can be granted until after the expiration of five years from the termination of the former leave, and the Government is specially to report each case with all the attend. ant circumstances to the Court of Directors. | 4. Section XII.-(Amended.) The Government of each Presidency may, on suffi- cient cause being shewn, grant to a Civil or Military Officer holding a civil office, special leave of absence on private affairs. Provided however that if any Officer to whom such leave shall be granted, shall be absent from his station for any period exceeding that to which under the last Rule he may be entitled without deduction, the absentee, if a Civil servant, shall for the period in excess draw no more than one half of his salary and allowances; and if a Military Officer, only so much of the salary and allowances of any civil office to which he may stard appointed, as, added to the military pay and allowances which he may be entitled to draw, shall equal one-half of his entire military and civil emoluments. After an absence of three months (exclu- sive of any period which may be granted under Section XI.) any office held by the absentee shall become vacant. APPENDIX. - XXV J) J) ; ºr T 9 CHAPTER IV. Appendis, No. 2, -Y- Rules for leave preparatory to embarkation and for joining Stations. A Section XIII.-For embarkation to Europe on furlough, or with leave under ºnedical certificate, or preparatory to retirement from the service, a Civil or Miliţa- Ty Servant holding a civil appointment, may take leave under such of the preceding Rules as may apply to his case. If an Officer desirous of returning or about to proceed to Europe on furlough, shall not under the previous Rules be entitled to any leave of absence, special leave may be granted him for one month, if the distance of his station Jrom the Presidency or the port at which he shall intend to embark shall not exceed 300 miles; for two months, if the distance be more than 300 and less than 600 miles; or:for three month9, if it shall eaceed 600 miles : but such leave can only be granted under medi- cal certificate; and the absentee, if a Civil servant, shall be subjected to the deduction of one-third of his salary and allowances if not more than 2000 Rs. per month, and of one- half if they exceed that sum. At the eaſpiration of such special leave, it may be renewed jor one month subject to the same deductions, on satisfactory evidence being produced that the servant has been prevented leaving India either by severity of illness or by the difficulty of procuring a passage, but no further leave can under any circumstances be granted. A Military Officer holding civil employment, who may obtain Special leave wnder this Rule, shall draw only so much of the salary of his civil office, as, added to his nilitary pay and allowances, will equal one-half of his civil emoluments. If a Civil or Military servant holding civil office, who may have obtained leave with the intention of embarking for Europe on furlough, or retiring from the service, shall subsequently &bandon the intention and return to his station, his absence will be regulated under such of the Rules in chapters II. and III. as may be applicable. Section XIII.-[Rescinded.] Section XIV.-There shall be allowed to Officérs appointed to any new office, the periods of one month, two months, or three NotE.—This Rule is only applicable to - - - e º Civil servants. Military Officers appointed months for joining, accordingly as the distance to civil office will dºw salary only from may not exceed 300 or 600 miles, or be in excess the date of joining as herºtofore-the Rule e º - - in force in respect to staff situations being of the last mentioned distance. Officers not join- applicable to them. ing their station within the said periods, respectively, shall forfeit their salary for the time delayed in excess of the above periods; and if such excess shall exceed one month, the office shall be vacated unless otherwise specially ordered by Government. D J "Rule XIV. refers to the appointment of Civil servants previously not holding any permanent situ- ation, such as servants for the first time appointed to a fixed situation after their return from furlough. ‘These servants are entitled under Rule XIV. to the allowances of their new office from the day of appointment, provided they do not come under forfeiture by exceeding the time prescribed for joining their station.—(Finl. Dept. 16th June, 184].) An officer" whose appointment is changed whilst absent from his station, whether on private affairs or on medical certificate, is fairly entitled to travelling time at the expiration of his leave, calculat?d by the distance from his old to his new station, provided this travelling time when added to the time of his authorized absence on leave, does hot exceed the full period of two years absence from § xxvi APPENDIX. (l Appendix, No. 2 \ Y- J •higher situation, he shall not 'draw the higher | station to station, beyond which no public Officer is permitted to draw any portion of the allowance of his appointment.—(Finl, Dept. 23rd June, 1849.) Section XV.-Upon the first appointment of any Civil servant who shall be re- ported qualified for the public service by the examiners appointed by the Goverment, to any civil situation, there shall be allowed for travelling expenses to the station, an allowance at the rate of 8 annas per mile by the direct post road according to the Polymetrical Tables of the Post Office, the bill for which allowance will be passed by the Civil Auditor after the Officer shall have joined the station: if required in advance, an order of the Goverment shall be necessary. ' Section XVI.-The salary of office will be payable from the date only of the Officer joining, but in the case of junior Civil servants, the salary of Assistants will be payable from the date of their being reported qualified for the public service, unless forfeited, under the preceding Rule, through delay in joining the station to which they may be appointed. His Lordship in Council considers it expedient strictly to maintain this Rule as one of general prac- tice, and that no exception ought to be allowed otherwise than under special circumstances, and exigencies of the public scrvice. His Lordship in Council is further of opinion that, as a general rule, Officers ought not to be appointed to situations for the duties of which they are not immediately available. And Rules XVI. and XVII. are to be construed as applying to cases where there is a change of office with increase of salary ; a special course being prescribed with regard to junior Civil servants: they, under Rule XVI. are authorized to draw the salary of Assistant from the date of their being reported qualified for the public service, unless forfeited through delay in joining the station to which they have been appointed.—(Finl Dept. 16th June, 1841.) The period allowed to junior Civil servants for joining their stations is to. be reckoned from the date of assignment to Bengal or the N. W. Provinces, and not from that of being reported qualified for the service.—(Judl. Dept. 15th Aug., 1844.) Section XVII.-In case of a change of office, when an Officer is appointed to a NotE.—This Rule also is only applica- salary until he joins.” For the period occupied in ble to Civil servants—Military servants e y- º g drawing, as in the case of staff situations, travelling, the Rule No. XIV. regulating the time no civil salary from the time of leaving one and distance for joining his station shall be appli- * till the date of joining the other. ble, and the Officer will for the periods allowed in that Rule, respectively, draw out of the salary of the office he is about to join, a sum equal to that of his previous situation. CHAPTER V. Rules for Deputation Allowances. Section XVIII.-The sum of Co.'s Rupees 52,200 per annum having been ſized under the orders of the Court of Directors as the Notº-This Rule will equally apply in case of a Political Resident taking a leave maazimum salary of civil office for the offices of of three months for which in other cases he !ons on- * e * ‘Hoa. wa’lld suffer no deduction : the earcess above Government under the situation of Member of the monthly maa'imum salary will in that Council, Civil and Military servants holding office case be evoyed by the person in charge. * An Officer appointed to a higher situation but detained at his old station pending tha arrival of his successor is not entitled to the higher salary. As a special concession, the above Rule is relaxed when an Officer is ordered not to join for the convenience of the public service. APPENDIX. xxvii 0 in the Political Department, who may draw ldryer allowances than this annual sum as Appendix, No. 2. a consolidated personal and sumptuary allowance in consideration of the necessary \ -Y expenses of their position, will in all cases of absence be treated in respect to deduc- tions as drawing only the allowance thus limited; and the encess above the monthly salary yielded by that annual sum &hall remain as a local addition to the usual deputa- tion allowance to be drawn by the Office” performing the duties, to meet the necessary eapenses of his position. Section XVIII.-(Amended.) The sum of Co.'s Rupees 52,200 per annum having been fixed under the orders of the Court Note:-This Rule will equally apply in case of a Political Resident taking a leave * of one month for which in other cases he for the offices of Government under the situation would suffer no deduction. The excess of Member of Council, Civil and Military servants tºº...","ä"..." holding office in the Political+ Department, who “"“” O - may draw larger allowances than this annual sum as a consolidated personal and sumptuary allowance in consideration of the necessary expenses of their position, will in all cases of absence be treated in respect to deductions as drawing only the allowance thus limited; and the excess above the monthly salary yielded by that annual sum shall remain as a local addition to the usual deputation allowance to be drawn by the Officer performing the duties, to meet the necessary expenses of his position. Section XIX.-Deputation allowances shall be granted to Civil servants tempora- e º º • 27. Jntrº — Mil; • • orily performing the duties of an office according cº, ºft to the following scales, and subject to the limitations will, as in the case of staff, draw half the difference between the incumbent's military of Directors as the maximum salary of civil office and conditions hereinafter laid down. allowances and the consolidated civil salary ſº as at present, that is, will draw the amount ſo retrenched from the absentee; but when , acting for a Civil servant, they will draw at the rates of this Table, and wºnder the sºme rules as Civil servants. To Civil Servants out of employ. Per mensem, When the salary of the Officer does not eacceed Co.'s Rs. 800, . . . . . . 400 Exceeding Rs. 800, and not eaceed- Which deputation allowance shall be ing Rs. 1,600, . . . . . . . . . . . . . . . . 500 fin earcess of any subsistence allow- Ecceeding Rs. 1,600, and not ev- ance of the Civil or Military Officer ceeding Rs. 2,900, . . . . . . . . . . . . 700 according to his rank. Eacceeding Rs. 2,900, . . . . . . . . . . . . 1,500 * The consolidated allowances of all Political"Officers are intended to cover all the expenses of a personal nature incidental to the situations of such Officers when marching about the country, as well as when stationary at their ordinary places of residence. When circumstances of an unusual character may give rise to a fair claim for special remuneration, they must be referred for the special considera- etion of Government. (Finl. Dept. 10th May, 1845.) xxviii APPENDIX. Appendix, No. 2. U J ( To Civil servants holding an office of inferior emolument, when officiating for a superior. Y t If the office belf at a different at the same station {} station () When the salary of the office {? does not eaceed Rs. 800,... Co.'s Rs. 130 Co.'s Rs. 260 |Which allowances shall be Eacceeding Rs. 800, and not ân earcess of the entire exceeding Rs. 1,600, . . . . 55 I60 ,, , 320 salary of office the per- Eaceeding Rs. 1,600, and not son deputed may be re- eaceeding Rs. 2,900, . . . . 55 270 55 420 ceiving. Eaxceeding Rs. 2,900,. . . . . . ,, . 375 55 525 A Civil servant acting for another will have no claim to commission or fees where any such sources of emolument eatist. These will be regarded as forming part of the income of the Officer to be relieved by the occupant, subject to the prescribed deductions. The grant of special allowances, of allowances to Commissioners and other Officers for travelling eaſpenses, and to Officers of Districts, or Assistants when employed on settlement or special police duties, will be regulated by a supplemental set of Rules. Section XIX.-(Amended.) Deputation allowances shall be granted to Civil servants temporarily performing the duties of NotE.—Military persons acting for an office according to the following rates, and other Military persons holding civil office & & ſº e * * * * will, as in the case of staff, draw half the subject to the limitations and conditions herein- difference between the injs military allowances and the consolidated civil sala- G Ll. after laid dow ry as at present, that is, will draw the , To Civil Servants not holding any substantive amount retrenched from the absentee; but ; : when acting for Civil servants they will appointment. draw at the rates, and under the same rules At the rate of 25 per cent, on the monthly * * * * salary of the appointment officiated in, such deputation allowance being in addition to the subsistence allowance of their respective ranks. To Civil Servants holding an office of inferior emolument, when officiating for a Superior. (..." At the rate of 10 per cent.* upon the monthly salary of the appointment offi- ciated in, in all cases in which the salary of such appointment shall not exceed Co.'s Rs. 2,000 per mensem; and in respect to all appointments of which the salary shall be more than Co.'s Rs. 2,000 per mensem, at the rate of 10 per cent. upon Co.'s Rs. 2,000, and 5 per cent, on the amount in which the monthly salary may exceed Co.'s Rs. 2000, provided however that no lower rate of deputation allowance shall be given than 100 Rs. per mensem. Up * Under the Bengal Presidency, it has been usual to grant to uncovenanted servants when ap- pointed to act for covenanted Officers, an allowance at the rate of 5 per cent, on the salary of the office Ul & to which they may be deputed. APPENDIX. xxix O The deputation allowance shall in all cases be in addition to the salary of the substantive appointment held by the Officer on deputation. A Civil servant acting for another shall have no claim to commission or fees, where any such sources of emolument exist. These shall be regarded as forming part of the income of the officer to be relieved, subject to the prescribed deductions. In granting deputation allowance, it should be borne in mind that the State is not to suffer loss through the absence of its Officers. (Hon’ble Court’s Despatch, No. 24, dated 21st July, 1847.) A Military Officer officiating for another in any civil appointment is to draw tha half difference between the absentee’s military pay (whatever the rank) and the salary of the civil appointment. (Finl. Dept. 17th September, 1847.) Deputation allowance to Officers of the civil service deputed to carry on the civil duties of Appendix, No. (App Y- Military Officers under orders to join their regiments, should not exceed the amount deducted from the civil allowances of such Military Officers. (Home Dept. 5th October, 1848.) . Section XX.-No Civil servant temporarily officiating for another shall draw an amount larger than the entire emoluments of the office in which he is officiating, and if the amount of the deputation allowance according to the prescribed scale, added to the permanent emoluments of the officiating servant, would exceed the emolu- ments of the office in which he is temporarily acting, the excess shall not be drawn. But this provision shall not apply to the case of any Officer deputed, for special reasons, to act in an office of inferior emolument to his own. In cases where an Officer, holding two appointments, on being deputed to officiate for another, shall be relieved only from one, he shall receive no deputation allowance, unless the emoluments of the office in which he is deputed to act, exceed the united emolu- ments of his permanent appointments, and, in that case, the deputation allowance. shall be limited to the difference. The Hon’ble the President in Council resolves, that in no instance where parties, whether holding civil or military staff appointments, obtain sick leave of a sence, within the prescribed limits laid down in the Absentee Rules of the 29th January, 1840, and afterwards proceed to Europe, or die before their return, shall any increase be made to the salary of the locum temens, and that the full salary of the successor to the office, when vacant, shall commence only from the date of his substantive appoint- ment.” (Finl. Dept. 4th May, 1842.) Section XXI.—No subordinate Officer acting for his principal, or for any other person holding a superior appointment in the same office or establishment, at the same station, shall be entitled to any deputation allowance until after the eaniration of three months, and then the allowance is not to be drawn in arrear. But a servant previously out of employment, or who may be deputed to act from a different station, shall be entitled to deputation allowance from the date at which he may enter upon the discharge of the duties to which he has been temporarily appointed. - Section.xXI.—(Amended”) No subórdinate Officer acting for his principal, or for any other person holding a superior appointment in the same office or establish- ment, at the same station, shall be entitled to any deputation allowance until after h 2. J XXX APPENDIX. s C Appendix, No. 2. the expiration of one month,” and then ‘the allowance is not to be drawn in arrear. ~~ But a servant previously out of employment, or who may be deputed to act from a different station, shall be entitled to deputation allowance from the date at which he may enter upon the discharge of the duties to which he has been temporarily appointed. & C 4. A junior Officer must act for a senior under this 'Rule free of deduction to the latter, whether the latter obtain leave under Section XI. or any other Section, without reference to the cause of absence. (Finl. Dept. 26th July, 1845.) A subordinate Officer is not required to act for his superior without eatra remuneration for more than one month in any one year, whether that month be consecutive, or made up of two or more broken periods. (Finl. Dept. 20th September, 1845.) - The above constructions of 1845, considered erroneous by the Hon’ble the Court of Directors, who have ruled that if a superior Officer obtain leave first on private affairs and then on medical certificate, the junior Officer acting for him is entitled to deputation allowance for the latter period. (Finl. Dept. 11th June, 1847.) Under this Rule the deputation allowance should be withheld only for the first month of the entire period of deputation, whether long or short; not for the first month in each year of deputation. (Finl. Dept. 14th October, 1848.) A Principal Sudder Ameen in charge of the office of a Judge at the same station comes within the intention of Section XXI., and is not therefore entitled to any deputation allowance until after the expiration of one month. (Finl. Dept. 17th January, 1851.) Section XXII-A Civil servant out of employment if deputed to act at a distance, and Civil servants having permanent employment who may be so deputed, and who may be restricted by any provision in these Rules to the allowance of their own office, shall be permitted to draw travelling allowances at the rate sanctioned in the case of a first appointment. When the entire sum received as deputation allowance may fall short of that which, according to the distance, would be allowed for travelling eapenses, the difference may be drawn. In all cases of absence under medical certificate, and in cases of absence on private affairs, when the absent Officer shall not be subject to deduction, such payments shall be made at the charge of the Government. Section XXII. (Amended).-Civil servants, if deputed to act at a distance from the stations where they are employed, or Military Officers holding civil office who may be so deputed, or who may be ordered by Government on special duty, shall be permitted to draw travelling allowances at the rate sanctioned in the case of a first appointment. Eatract of a letter from the Secretary to the Government in the Financial Department, to the Secretary to the Government of Bombay, dated 22nd February, 1845. F. “The Rule applies to Civil servants in fixed employment who are moved from station to station in an officiating capacity only for the convenience of the public service, and not to servants out of employ receiving employment for the first time after return from furlough, or to gentlemen nominated to substantive appointments of superior emolument. This view of the case is borne out by the fol- * To be reckoned from the date of commencement of the superior Officer’s first leave and his junior’s acting for him. ( Finl. Dept. 2nd January, 1846.) - APPE NDIX. XXXI O lowing remark of the Governor-General recorded &n amending the Rule.— Civil servants out of Appendix, No. 2 5 º employ should be required to convey themselves to their stations at their own cost, and would only \-—- become entitled to travelling allowance when moved again to suit the exigencies of the public O service.’ In accordance with this view, the words ‘out of employment” which were in the old Rule XXII. were purposely struck out of the amended Rule now in force, the wording of which clearly "explains that the grant of travelling allowance is to be confined to Civil servants who may be “deputed to act at a distance from the stations in which "they are employed.” CHAPTER WI. Rules for Chaplains, Assistant Chaplains and others. Section XXIII.-Chaplains and Assistant Chaplains, may, dmder medical certifi- cate, obtain leave of absence, subject to all the deductions, conditions and limitations prescribed in the case of Civil servants, but no Chaplain or Assistant Chaplain can be permitted to draw any allowance when his period of absence shall have exceeded two years. Chaplains on medical certificate whilst permitted to perform the ecclesiastical duties at the sanatory hill stations where there are no fixed incumbents, are exempted from retrenchment from their salary during the period of their performance of clerical duty, reckoning from the first Sunday of their doing duty at the station Church, up to the last of their temporary incumbency at the station. (Finl. Dept. 29th May, 1846.) Section XXIV.—The Government of each Presidency may grant to Chaplains and *Assistant Chaplains special leave of absence on private affairs ; but if such absence shall eaceed the period to which the absentees may be entitled under the following Rule.” they shall, for ſhe period in eacess, be subjected to the deduction of one-half of their allowances; and after an absence of six months (in addition to any leave granted under the succeeding Rule) all allowances shall be discontinued. Section XXIV. (Amended.)—The Government of each Presidency may grant to Chaplains and Assistant Chaplains special leave of absence on private affairs; but if such absence shall exceed the period to which the absentees may be entitled under the following Rule, they shall, for the period in excess, be subjected to the deduction of one-half of their allowances; and after an absence of four months all allowances shall be discontinued. , Section XXV-Leave of absence for one month in each year, or for two or three months, as the case may be, under the principle sanctioned in Section XI., may be granted to Chaplains or Assistant Chaplains by the Bishop of the Diocese, or when the Diocese may be vacant.(but not otherwise) by the Archdeacon or other ecclesiastical functionary performing the duties of an Archdeacon or. Commissary, and such leave being consistent with the Rule, will be recognized by the Civil Auditor, after it has been published in the Government Gazette of the Presidency with the authority of Government. Information of every leave so granted by the Bishop, ow' other ecclesiastical officer above-mentioned,. xxxii APPENDIX. O dix, No. 2. –J Appen are: Y- shall be immediately transmitted to the prºer Secretary to Government for the purpose of notification in the Gazette. Section XXV.-(Amended.) Leave of absence for one month in each year, under the principle sanctioned in Section XI., may be granted to Chaplaims or As- sistant Chaplains by the Bishop of the Diocese, or when the Diocese may be vacant. (but not otherwise) by the Archdeacon or othar ecclesiastical functionary performing the duties of an Archdeacon or Commissary, and such leave being consistent with the Rule, will.be recognized by the Civil Auditor, after it has been published in the Government Gazette of the Presidency with the alithority of Government. Informa- tion of every leave so granted by the Bishop, or other ecclesiastical Officer above- mentioned, shall be immediately transmitted to the proper Secretary to Government for the purpose of notification in the Gazette. O - To whatever shape Section XI. is moulded to meet the cases of Civil and Military servants of the Government, in that same shape it must be held to be equally applicable to Government Chaplains. (Finl. Dept. 10th October, 1851.) Section XXVI. —For embarkation on furlough, or sick leave, or with the intention of retiring from the service, Chaplains and Assistant Chaplains are entitled to the benefits of Section XIII., on the same conditions on which they are enjoyed by the Civil servants. Section XXVI.-(Rescinded.) Section XXVII.-On joining a station in the interior after arrival in India, a Chaplain or Assistant Chaplain will be allowed the same rate of travelling charges, and be subjected to the same Rules in respect to joining his station as a Civil servant. On any subsequent transfer from one station to another, the same allowance will be made if the transfer take place not at the desire of the chaplain removed, but by torder of Government. O Officers of the Assay Department. O Section XXVIII.-The Assay Master and Deputy or Assistant Assay Master of any Mint in India, may obtain leave of absence under sick certificate or on private affairs, subject to the conditions in the Rules forming Chapters I. to V. The absentee if in the enjoyment of any military pay or allowance, will, during his absence, he subject to the deductions prescribed in the case of Military Officers holding civil employments. If not a Military Officer, the absentee will be subject to the same deductions as a Civil servant under similar circumstances ; but no Officer of the Assay Department can be permitted to draw any portion of salary for a longer period than two years, if - absent under sick certificate, nor for a longer period than three months (eaclusive of any period granted under Section XI.) if absent on private affairs. - © Officers of the Mint and Assay Department. O Section XXVIII.-(Amended.) The Mint Master, the Assay Master, and De- puty or Assistant Assay Master of any Mint in India, may obtain leave of absence under sick certificate or on private affairs, subject tº the conditions in the Rules forming Chapters I. to W. The absentee, if in the enjoyment of any military pay or allowance shall, during his absence, be subject to the deductions prescribed ‘in the APPENDIX. xxxiii J case of Military Officers holding civil employments. If not a Military Officer, the absentee shall be subject to the same deductions as a Civil servant under similar circumstances; but no Officer of the Mint or Assay department can be permitted to draw any portion of salary for a longer period than two years, if absent under sick certificate, nor for a longer period than four months if absent on private affairs. Conformably with a rule prescribed by the Hon’ble the Court of Directors, the Right Hon’ble the Governor-General in Council is pleased to determine, and to notify for general information, that no Civil servant or Military servant holding a civil appointment, required by the exigencies of the service to discharge the duties of a second office, will be entitled to draw the salary of the two offices. His Lordship in Council is pleased to exempt from the immediate operation of this Rule, the Officers holding the appointment of Agent to the Lieutenant-Governor in the N. W. Provinces; and drawing a salary of 500 Rs. a month in that situation in addition to the salary of their other civil ap- pointment, and to except also the situation at certain stations* * Benares, Byndlekhand, Delhi, Saugor. of post-master, held by the Civil Surgeon, who is separately remunerated for the former office. (Finl. Dept. 29th September, 1841.) NO. 3. RULE FOR LEAVE OF ABSENCE TO UNCOVENANTED DEPUTY COLLECTORS..-k The Right Hon’ble the Governor of Bengal has been pleased to resolve that * A code of rules for the regulation of leave of absence to uncovenanted Officers generally, was, framed in the Financial Department, under date the 24th July, 1846, and published in the Gazette of the 8th August, 3ollowing ; but it continued in operation only for a short period, the rules being disallowed by the Court of Directors in their Despatch No. 42, of 1847, dated the 15th December. The practice therefore reverted to what it was before, that is, there were no fixed rules on the subject, but it was optional with the heads of offices to grant leave to their uncovenanted subordinates at their discretion. The principle enjoined in regard to the grant of leave to uncovenanted Officers in subordinate appoiâtments, is that the salary of the incumbent shall provide for the substitute, and that the arrangements which the absentee has the option of making, subject to the approval of the head of the office, shall not result in any additional expense to Government. In some instances leave has been granted to uncovenanted Officers to Australia or the Cape, for one or two years. If the limit of two years be exceeded in any case, the absentee vacates his office. Nor can leave to Europe be granted without forfeiture of appointment. Moonsiffs obtain leave from the Court of Sudder Dewanny Adawlut ; but all application for leave from other officers whose leaves are gazetted, such as Principal and Sudder Ameens, Deputy Magis- trates and Deputy Collectors, are to be submitted for the orders of Government. Sub-Deputy Opium Agents who may be absent on leave, are not entitlºd to draw any commission, and the locum tenens is allowed only the half of such commission, the other moiety being saved to Government. The local Committees of Public Instruction are authorized to grant to school masters leave of absence during the vacations, without referring to higher Authority. ? Appendix, No. 2. \– —) N- xxxiv APPENDIX. Appendix, No. 3. \ ) Y- © 0 Article V.,” of the rules regarding apºcations for leave of absence by Principal Sudder Ameens, Sudder Ameens, and Moonsiffs, passed by Government on the 29th of January, and published in the Gazette of the 2nd February, 1833, shall be extended to Deputy Collectors under Regulation IX. of 1833, and that all officers of that class absent from their station on keave for whatever period, or from, whatever cause, shall suffer, during the period of their absence, a deduction of one- half of their respective allowances. As an exception to this rule, Deputy Collectors, in common with the Judicial Officers above mamed, will be exempted from any deduction from their salaries for absence on leave, duly authorized, within the period of the usual Dusserah and Mohurrum vacations. But if their absence exceed the term of those vacations, they will then be subject to the deduction above specified for the whole period of absence, including the vacations. (Resolutions, Judl. and Rev. Dept., 29th November, 1836.) The following Circular of the Board of Revenue No. 27, dated the 29th July, 1851, eaplains what is to be understood by the term “vacations” in the foregoing resolution. To Commissioners of Revenue. I am directed by the Board of Revenue to communicate for the information and guidance of yourself and your subordinates, that the Hon’ble the Deputy Governor has, under date the 7th instant, been pleased in future to allow to Deputy Collectors under Regulation IX. of 1833, the indulgence of leave of absence without deduction from their allowances, in cases in which the Collector and Commissioner certify that it may be granted without inconvenience to the public service, for one ‘month of the period during which the civil courts may be closed for the Dusserah vacation; Mahomedan Deputy Collectors being allowed the option of availing themselves of the shorter period, for which the courts are closed during the Mohur- rum, instead of a month in the Dusserah vacation. 2nd. This indulgence is not extended to cases of leave on medical certificate. In such cases the leave is granted as a matter of course, whatever inconvenience to the public service may arise from it; and as there is nothing in the rule now cirqulat- ed to prevent an uncovenanted Officer, who may be sick at the time of the vacation, obtaining the leave without deduction, where it can be granted without inconveni- ence, all applications from uncovenanted Officers for leave on medical certificate will be dealt with under the same rules as apply to the covenanted branch of the service, viz. the leave will be granted, and the applicant subjected to deductions for the whole period of absence. * Article V. of the rules regarding leave of absence to Judicial officers here referred to, is as follows: Amount of deduction in such case. º - i D --> • , , , , Cº. “V. A principal Sudder Ameen, Sudder Ameen, or 0. º Amgen, Rs. : Moonsiff absent from his station on leave for whatever period, Moonsiff, .. º: * - e - .. . 55 or for whatever cause, shall suffer, during the period of his absence, a deduction of one-half of his allowances.” • y APPENDIX. XXXV } ) No. 4. LIST OF PERIODICAL RETURNS RELATING TO THE REVENUE > DEPARTMENT, SUBMITTED BY COLLECTORS AND COMMISSIONERS.-k Appendix, No. 4, Q- —l I.—Collectors to Accountant. 3. When to be submitted. Monthly.—Estimate of probable Receipts and Dis- bursements, . . . . . . . . . . . . . . . . . . . . . . 2nd of the month. J Cash Balance Report, ................ 2nd of succeeding month. Statement of Fines pending and realized, o or otherwise disposed of, . . . . . . . . . . Treasury Account, tº a º e º e ºs e e . . . . . . . . . 15th of ditto. Register of Receipts of Deposits, . . . . . . Register of Payments of Deposits, Quarterly.—Hal Towjee of Muhals on the Towjee, ... — Bukya Towjee of Muhals on the Rent-roll, Statement of Collections, Hal and Buk- ya, from Muhals not on the Towjee, º of ditto. Statement of Charges of Collections from ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . J p Statement of Settlements confirmed by 3. Collectors,. . . . . . . . . . . . . . . . . . . . . . . . In succeeding month. y Annual.–General Treasury Account,............ In all May of ensuing year. Abstract of the Settlement and Kistburº- dee of the Jumma or Demand on account of Land Revenue of Muhals on the Towjee, . . . . . . . . . . . . . . . . . . . . . . 15th May of year to which the Account belongs. Comparative Statement of the Jumma or J) Demand of Muhals on the Towjee, ... }. In all May of ensuing year. Jumma Wassil Bakee,. . . . . . . . . . . . . . . . * The quarterly Returns of progress in the arrangement of records and adjustment of deposits, furnished by Collectors to Commissioners, and by the latter to the Board, are omitted, being in their matºre temporary, and liable to cease on the completion of the arrangement and adjustment. Some , other Returns, such as the quarterly reports of stamps in store and of recoveries of stamp fees in pauper suits, furnished by Collectors to Commissioners, and by the latter to the late Board of customs, Salt and Opium, are also omitted, as not being Returns of the Revenue Department; as well as the annual Returns of public works executed by private individuals, furnished by Collectors to Commis- sioners, and by these last to the Military Board under the orders of Government published in the Gazette of the 30th Oct., 1839. The quarterly Returns of summary suits and resumption suits formerly subunitted separately by Collectors to Commissioners, and by Commissioners to the Board, are now merged'in the statements of Business performed in Collectors' offices. xxxvi AEPENDIX. Appendix No. 4. O When to be submitted. U Y. J Bukya Towjee of Muhals on the Rent-roll," Explanatory Arrangement of met balances of the Bukya Towjee, . . . . . . . . . . . . . . -In all May of ensuing year. Statement of , balances outstanding on O account of Advances for diet of Revenue and Abkaree Defaulters, . . . . . . . . . . . . —” II.—Collectors to Superintendent and Remembrancer of Legal Affairs. .—Register º in favor of Go- gº Monthly Register of sums decreqā in fav Ol' Of Uſ O }In following month. Vernment, . . . . . . . . . . . . . . . . . . . . . . • * * Quarterly—statement of outstanding Decrees pass }In month succeeding the in favor of Government, . . . . . . . . . . .". quarter. Annual.—Statement shewing the amount expended in litigation, as contrasted with the sums actually realized by Government In all May. under Decrees of Court, . . . . . . . . . . . . Abstract statement of outstanding Decrees passed in favor of Government, . . . . . . J III.-Collectors to Commissioners. Monthly.—Statement of Prisoners in confinement,.. 5th of succeeding month. Quarterly.—Statement of Prisoners in confinement,.. T Q O Statement of Settlements confirmed by Collectors, . . . . . . . . . . . . . . . . . . . . . . . . >5th of month.succeeding the Statement of Business performed in Col- Quarter. lectors’ Offices, with Appendix, . . . . . . J Hal Towjee, . . . . . . . . . . . . . . . . . . . . . . . . ~ Bukya Towjee, . . . . . . . . . . . . . . . . . . . . . . Statement of Collections from Muhals not >10th of ditto. O on the Towjee, . . . . . . . . . . . . . . . . . . . . Statement of Charges of Collections from ditto, . . . . . . . . . . . . . . . . . . . . . . . . . . . . —” Statement of Estates sold under Act º of 1845, Estates exempted, and Estates 5th of month succeeding the forfeited, . . . . . . . . . . . . . . . . . . . . . . . . quarter. g • 9) in, Half yearly.—Statement of pending Butwarrahs.. . . . ſº º rººms Harvest Report, . . . . . . . . . . . * - - - - - - - - • May and November. Annual.—Report on Vernacular Schools, . . . . . . . . . . After close of civil year. General statement of Wards' Estates, Jum- ma Khurch, and Jumma Wassil Bakee, In June. O APPENDIX. xxxvii Quarterly.—Statement of Remissions of Balanges au-T) thorized under the Rules of Practice, X- } t quarter. *Statement of Settlements confirmed, .... J J tº w tº tº a tº º - Statement of Civil Suits in which Govern-T) When to be submitted. ment is a party, . . . . . . . . . . . . . . . . . . . . Annual Revenue Report and Returns, .. }In June. Statement of Securities of Officers entrusted with money or accöunts, . . . . . . . . . . . . Explanatory Arrangement of net balances) of Bukya Towjee, . . . . . . . . . . . . . . . . . . }In May. Statement of Estates under Attachment,... J IV.-Commissioners to Accountant. In month succeeding the c) W.—Commissioners to Board. Quarterly.—Statement of Prisoners in confinement, .. Half yearly.—Statement of Percentage on unexecuted J Statement of Permanent Settlements con-T Statement of Settlements under Reg. VII. of 1822, . . . . . . . . . . . . . . . . . . . . . . . . . . Statement of Malikana Payments sanc- tioned under the Rules of Practice,. . . . Statement of Butwarrah Establishments sanctioned, . . . . . . . . . . . . . . . . . . . . . . . . Statements of Business performed in Col- lectors’ offices,. . . . . . . . . . . . . . . . . . . . . . Statement of Business performed by Com- missioners, . . . . . . . . . . . . . . . . . . . . . . . Statement of Estates sold under Act I. of 1845, Estates exempted and Estates for- feited, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Index of Correspondence, . . . . . . . . . . . . . . Decrees allowed to Nazirs and Wakeels, Harvest Report, e e e s e e s e e º e s e e s e s a e e s e 10th of month succeeding the quarter. *15th of ditto. r }In May and November. June and December of each year. Annual.—Statement of Civil Suits in which Govern- ) Jº ment is a party, . . . . . . . . . . . . . . . . . . . . -In June. General statement of Wards' Estates, .... J Annual Revenue Report and Teturns,. . . . Report on Securities,. . . . . . . . . . . . . . . . . . Report on Vernacular Schools,. . . . . . . . . . Statement of Estates under Attachment, k In July. In June. After close of civil year. In June. Appendix, No. 4. \ -Y- J b xxxviii APPENDIX. O O Appendix, No. 5. \-—-y— No. 5. LIST OF CIRCULARS OMITTED FROM THIS VOLUME AS BEING EITHER MERE CALLS FOR INFORMATION, OR IMPROPERLY CLASSED AMONGST THE CIRCULAR ORDERS OF THE BOARD. No. Date. Subject. 74. 12th Sept. 1837. Information required by the Law Commissioners relative to the origin, prevalence, and, advantages of the practice of hold- ing landed property under fictitious names, and as to the best mode of providing for its abolition. 76. 36th Sept. 1837. Tables of land-measures in use in the Zillahs and Pergunmahs - to be furnished in a prescribed form. O 80. 23rd Nov. 1837." Report called for whether a tender of compromise on the part of Government would be acceptable to the lakhirajdars, and the terms to be offered. 81. 21st Nov. 1837. Returns called for in a given form of all sales of estates during the years 1835 and 1836. 83. 30th Dec. 1837. Report required by the Court of Directors on the effect of the circulation of the new currency among pottah-holding ryots. 6. 16th Jany. 1838. Report required whether kists have been regulated according to the English months, as directed in C. O. 5th Sept. 1836, or according to the native calendar. o |6. 30th Jany. 1838. Statements called for in a given form, shewing the result.of the management of Muhals purchased on the part of Go- vernment to the end of 1837, and of Muhals under khas management. - 18. 20th Feby. 1838. Proper heading for the “ Statistic Register” to be determined in communication with the officers of the Survey Depart. ment, as well as what native documents are to be supplied by the Surveyor to the Settling Officers. 22. 20th Feby. 1838. Districts transferred from certain Divisions to be included in - the returns of summary suits of the Divisions to which they have been transferred. • 23. 14th March 1838. Reply called for to letter Circular dated 37th Oct. 1837, No. 184. Q 26. 27th March 1838. Takeed calling for returns of confirmed settlements prescribed by C. O. 27th Oct. 1837 No. 78, for the quarter ending with Jany. 1838. º O. O 29A. 6th April 1838. Information required as to the number of permanent and temporary settlements disposed of or pending in the Com- missioners offices. APPENDIX. xxxix 30 47 48 49 4. 54. 62. Date. . 10th April 1838. . 17th July 1838. . 24th July 1838. . 24th July 1838. 7th Augt. 1838. wº 4th Sept. 1838. 66. 16th Oct. 1838. 70 4. 15 31. . 23rd Oct. 1838. . 9th April 1839. } . 22nd July 1839. ) } Subject. Statements called for by C. O. of 30th Jany. dispensed with. Settlements requiring sanction of Government called for, in order to their being disposed of, and the jummas of the Muhals brought on the Towjee. J Statements called for in a given form, exhibiting the financial results of the resumption laws to the 30th April, 1837. Calling for statements of irrecoverable balances to be remitted with reference to a resolution of Government noticing the heavy balances in the Bukya Towjee. List of estates belonging or mortgaged to Baboo Dwarkarlath Tagore, circulated to the Commissioners in whose Divisions they were situated, with orders to advertise them separately from other estates in the event of its being necessary to bring them to sale for arrears. Enquiry whether estates the sales of which have been cancel- led on the ground of inadequacy of the price bid, have on be- ing again exposed to sale, been purchased for Government at a nominal price; and a return called for in a given form of such estates, as well as of estates purchased at a nominal price after rejection of bids on the ground of inadequacy. Glossaries of revenue terms called for. Information called for as to the expediency of entrusting natives of the country with the powers exercised by the * * & º \ Revenue Authorities and Local Agents under Regulation XIX. of 1810, and whether the people would prefer that the charge of endowed institutions should be left to persons of the class who are benefited by the endowments. • Report called for whether revenue is derived from any temple or place of pilgrimage besides Juggurmath in Orissa and Gyah in Behar. Enquiry whether there are any large towns containing many small sites of dwelling-houses held lakhiraj, and also as to the probable number of such tenures, their average extent, the nature of the tenures, and the estimated amount of revenue to be derived from them in the event of assess- ment. 4th Dec. 1839. Names and desigmation of revenue officers other than Collectors or Independent Deputy Collectors, who communicate with Commissioners, called for, with average number of English references during the previous twelve-month. 8, 26th Feby, 1840. Opinion called for on the utility or otherwise of the practice Appendix, No. 5. \ ) Y- xi APPENDIX. Appendix, No. 5. J -N- No. 15 10 30. Date. . 12th May 1840: R . 25th Nov. 1840. Report called for on the course pursued by Collectors in O Subject. of officers subordinate to the Collector being made to cor- respond with, and to receive orders direct from the Com- missioner. - . 18th March'1840. Intimation to the effect that the Members of the Board have been authorized by, Government to exercise, singly, the powers of the collective Board, as a temporary measure. . 18th March 1840. Report required on the measures adopted by Commissioners during the preceding two years for superintending personally the settlement operations in progress in their Divisions. .'22nd April 1840. Opinion required as to the best mode of enforcing the provi- sions of Sections 12 to 15, Regulation IX. of 1833. eport required as to the working of Act I. of 1839. regard to the execution of summary awards,--whether they are at once ordered to be executed, or application from the decree-holder is waited for. . 21st April 1841. Statement required of all arrears of land revenue on the books for a longer period than 10 years, with explanations of the items thought to be recoverable. . 27th April 1841. Reports called for, with a view to devising means for accelerat- ing the completion of resumption operations, of cases in which it may be expedient to drop proceedings on account of the small benefit expected to be derived in the court of resumption; and whether the process might not admit of abridgment for disposing of those cases which it may be determined to prosecute to a decision. 5th Oct. 1841. Copies of new sale law (Act XII. of 1841) in Bengalee, forwarded for distribution. 3rd Nov. 1841. Report called for whether in referring suits for rent to the civil courts, the form prescribed by Section 9, Regulation VIII. of 1831 is duly observed, or whether the suits are transferred after having been some time on the file. 3rd Nov. 1841. Statement called for of the number and names of European British Zemindars, the amount of sudder jumma paid.by them, and the date on which the Zemindarees were acquired. Also, a statement of the names and number of European British farmers and managers of land, and of British manu- facturers not farmers. Q 8th Dec. 1841. Baboo Prusunno Coomar Tagore’s treatise on land surveying circulated, for the suggestions of Settlement Officers for its improvement. a’ hº APPENDIX, xli º } No. JDate. Subject. j 2. 25th Jany. 1842. Report required of the working of Act IV. of 1840 for preventing affrays. 5, 21st Feby, 1842. Opinions of Revenue Officers called for whether a more prompt a) and inexpensive, and a less hºrrassing mode than the exist- ing-one, for the resumption of alluvial formations cannot be devised—accompanied by statements, first, of the actual loss sustained from abatements of jumma in consequence of diluvion during the last ten years, and secondly, the gain during the same period from the assessment of new alluvial lands. , , •) D 8. 25th April 1842. Opinions of Revenue Officers required as to the Rules of Practice to be prescribed for the guidance of Collectors, and changes in the Periodical Returns in use. 18. 1st June 1842. Return to requisition in C. O. 25th April, 1842, No. 8, dispensed with. 1. 9th June 1843. Report called for of practice prevailing in regard to the educa- tion of minor wards of Court at the Government Schools, on the requisition of the Madras Government. 6A. 30th June 1843. Postponing sale-day fixed for 28th Sept. till the first open day after expiration of the holidays and opening of the civil court. 8. 28th July 1843. Report called for whether dependent talooks in Government estates are sold for arrears of rent under Clause 7, Section 15, and Section 25, Regulation VII. of 1799; whether sale is preceded by summary suit and decree ; and whether •) appeals against sales held under Section 25 have been received and decided by Commissioners. 11. 12th Sept. 1843. Information asked for of office hours observed in the Sudder and Mofussil offices. 10, 29th June 1844. Report called for of working of scale of travelling allowance A to ministerial officers fixed by C. O. 29th Augt. 1839, with opinion as to the propriety of any alterations. 13. 3rd Sept. 1844. Report required whether copies of decrees are furnished by civil court, and whether the information is made available for keeping up the quinquennial Register; and opinion sought as to the expediency of abrogating Section 9, Regu- lation IV. of 1793, or modifying it to the extent of making it imperative on the courts to forward abstracts instead of J. copies of decrees.” 17. 8th Nov. 1844. Enquiry whether the duty of recovering Government costs , 9 in pauper suits has been neglected by Government Pleaders. 6, 13th Mar. 1845. Desiring Collectors to assist Government Pleaders in pre- / Appendix, No. 5. _) -Y xiii eAs PPENDIX. Appendix, No. 5. No. pp l —) -Y. 20. 2 7 11. 13. 10. pit. 22nd Sept. 1845. 7th Nov. 1845. 5th Jan. 1846. 16th Mar. 1846. O 30th May, 1846. O O Subject. - - paring certain statements called for by the Solicitor to the Government of Bengal. - Report required of the means employed for remitting collec- fions made in themofussil by a Deputy Collector or Tehsildar, to the Collector’s Treasury, and how safety may be secured. Desiring Bengalee copy of sale advertisements, to be sent direct to Mr. Marshman at Serampore, and English copy to the Printer of the Military Orphan Press. Forwarding, specimen of new description of water-marked stamped paper." O Style of address to be adopted towards Muharajah Juggut Imdar Bunwaree Lal Bahadoor of Moorshedabad. Intimating that new forms of annual Returns are about to issue in lieu of the operation Returns. 7th Sept. 1846. Directing attention to notification in the Calcutta Gazette to . 18th Sept. 1846. , 28th Oct. 1846. . 11th Mar. 1847. 3rd May 1847. 10th June 1847. 16th July 1847. . 19th Feb. 1849. 17th Mar. 1849. the effect that the latest date for payment of arrears of revenue is the 7th October, and not 3rd October as ruled in C. O. 3rd August, 1846, No. 19. Forwarding Govt. Orders sanctioning the distribution of Parts II. and III. of the “Encyclopædia Bengalensis” to pupils of vermacular schools only, at 2 annas a Volume. Information required by Supreme Government in prescribed form regarding cultivation, manufacture and consumption of sugar and goor. Forms prescribed for reporting on Collectoraté establishments with a view to revision thereof on fixed general principles. Statements in given form called for of fees paid and payable to Mr. Bigmell, Government Agent at the Special Commis- sioner’s Court, from his appointment on 18th November, 1837, to his dismissal on 21st August, 1843. • Style of address of Rajah Sutchurn Ghosal Bahadoor. Report required of the form of proceeding observed by dis- trainers in attaching property for arrears of rent, and of the checks employed by the Collectors to secure bonā‘fide attachments. Statement called for shewing how many resumption suits have been instituted since the issue of C. O. 24th March, 1846, No. 9, and how many decided in favour of Government, with amount of half jumma, Table called for shewing conversion of local beegahs up to a certain amount into acres, to facilitate examination of bills No. 15 19. 36. 39 44 46 Date. . 20th April 1849. 8th May 1849. 19th Jane 1849. . 17th July 1849. 7th Aug. 1849. . llth Sept. 1849. . 23rd Oct; 1849. 30th Oct. 1849. ) . 21st Dec. 1849. 7th Sept. 1849. 4th Dec. 1849. B } APPENDIX. ..º xliii ) Subject. for fees to the Government Agent at the Special Com- S- missioner’s Court. Report required on the practice which obtains in regard to the supply of fuel, straw and cooking pots to sépoys on march, and how they are paid for. * Report required of the number of cases remaining to be reported on, respecting old balances due on, estates after sale, and adjustments of long standing accounts—and the time within which such cases are expected to be disposed of. g 9 •) - D List called for of charges paid by Commissioners out of the fixed sums allowed for contingent expenses. List called for of cases in which the jummabundee having been prepared previous to the issue of the 50-beegah order of 26th January, 1841, settlement had not then, and has not yet been completed. Attention called to previous Circulars relative to postpone- ment of the latest date of payment in September, in conse- quence of the date falling within holidays. Report required of rates of reward prevailing for destruction of leopards and other smaller wild animals. Report required as to the practice prevailing in regard to supplying pupils of vernacular schools with books, and why balances of 1847 and 1848 remain outstanding. 9 Information called for as to the mode of conducting, and the rules obtaining in connection with sales under Cl. 7, Sec. 15, Cl. 6, Sec. 23, and Sec. 25, Reg. VII. of 1799, held under Act VIII. of 1835; and also sales under Reg. I. of 1820, as modified by Cl. 1, Sect. 16, Reg. VII. of 1832. Report required whether Collectors are in the habit of trying summarily, suits claiming receipts for rents paid, and the delivery of pottahs. If so, under what Law? and if not, whether it is desirable that Collectors should be empowered under Cl. 1, Sec. 20, Reg. VII. of 1822, to try such sum- mary suits? Report required in a given form of the number of estates divided under the butwarrah laws since 1793, and the proportion of the aggregate sudder jumma to the jumma of the District. Report required under what rules Ameens are remunerated for their work, and subject to what checks. Appendix, No. 5. Y- } J xliv APPENDIX. Appendix, No. 5. No. Date. Suljºt. - -- S- 55, 21st Dec. 1849. Report called for, whether there is any objection to laying down a rule such as is observed in the Judicial Department under Cl. 1, Sec. 41, Reg. XXIII. of 1814, and the Sudder Q Court's Circular of 20th September, 1839, to the effect" that copies of summary decrees shall be prepared within one week of passing them; and also to the introduction in the Revenue Department of the principle of Act XII. of 1843, by enjoining that Revenue Officers shall in all cases dis- posed of by them judicially, write their decisions in the lam- © guage of the presiding Officer, translations of the decrees, if in English, being kept with the record. C} 2. 11th Jan. 1850.” Report required to what extent russudee settlements have prevailed, the general length of the leases, and their effects as seem in the fulfilment of engagements; and whether in the case of long leases it be desirable to give up claim to the rent of waste land during the currency of the leases. 5. 25th Jan. 1850. Report required as to the practice followed in making sum- mary settlements, pending regular settlements—particu- larly as regards the data on which such settlements are made, how they are obtained, on what principle the jummas are assessed, whether the half jumma order is applied, and whether sales are resorted to for recovery of arrears and under what law Ż 0. * 6. 25th Jan. 1850. Report required on the practice observed when farmers of khas Muhals default—whether the leases aré cancelled on occurrence of default or on expiration of the year—whether they are cancelled before proceeding against the sureties, or after the failure of endeavours to procure the arrears from the sureties, or whether both measures are adopted simultaneously—and farther, whether opportunity is given to a defaulting farmer to provide fresh security before cancelling his lease ? 7, 29th Jan, 1850. List of holidays for 1850. 18. 26th Mar. 1850. Report called for on the practice observed in paying peadahs for serving notices of sale under Sec. 7, Act I. of 1845. 43. 12th April 1850. Forwarding Interest Tables published by Mr. Oxborough, for distribution. Q 55. 14th May 1850. Draft of Rules for management, of Muhals held khas, circu- lated for opinions and suggestions of certain officers. 32, 4th June 1850. Report required what rules prevail for the realization of remuneration to butwarrah Ameens. APPENDIx. XIV ) No. Date. Subject. J - 85. 25th June 1850. Directing that the preparation of the annual Returns for 1849-50 be deferred, some modifications of the forms being in contemplation. 58, 16th Aug. 1850. Relative to the supply of copies of the Sutyo Prodip news- paper for the vérnacular schools yet in operation. 60. 30th Aug. 1850. Forwarding printed copy of the General Education Report for the Lower Provinces, for 1848-49. 61. 30th Aug. 1850. Report required as to what period is allowed for appeal to the Commissioner against the orders of a Collector, espe- cially in cases of disputed claims to surplus sale periods; and upon what considerations, or by what authority, such period was fixed 2 ) 196. 3rd Dec. 1850. Forwarding copies of printed statistical reports of Patna, Be- har, Shahabad, Sarum (including Chumparum) and Midnapore. 75. 6th Dec. 1850. Report required as to the amount of fees for searching for papers and for registry of mutations, levied in each year from 1847-48 to 1849-50. 78. 17th Dec. 1850. Forwarding copies of English and Persian Circular, announc- ing the sale of Lahore confiscated property, for distribution to the chief personages of each District. j No. 6. LIST OF PERIODICAL RETURNS OF THE SURVEY DEPARTMENT. I.—Superintendents of Survey to Controller of Surveys. Quarterly.—Statement of Demarcations of Villages. Statement of Boundary Disputes disposed of. Statement of Progress in compilation of Survey Records. 3 Statement of Cases disposed of in Superintendent’s office. Annual—Report on Operations of Season. II.-Controller of Surveys to Board. Quarterly.—Statement of Demarcations of Villages. Statement of Boundary Disputes disposed of. Statement of Progress in compilation of Survey Records. Statement of Cases disposed of in Superintendent’s office. Annual—Report on Operations of Season. J III–Deputy Surveyor General to Board. A Quarterly.—Report of Progress in the Bengal Surveys. Annual—Survey Report. • J. J. J. ... • , , , , , we we v se v \, “ w = * * * * * * * Appendix, No. 5. C — I N D E X. I N D E X. 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 53; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768 ; 1850 to 343. ABATEMENT of jumma may be sanctioned by S. B. R., ... . . . . . . . . . . . . . . . . . . . . . . . . . . . ABKAREE. Sales for arrears to be made by Cols. on requisition of Abkaree Department, ... . ABSENCE. Applications for leave to bp forwarded in original, with remarks at foot, . . . . . . . . Publication in Gazette sufficient intimation of compliance, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision for carrying on duties of a Collector during his temporary absence, ... . . . . . . . . . . . Where no Covenanted Deputy or Assistant, Magistrate or Joint Magistrate to take charge, Or in his absence, the Uncovenanted Deputy Collector, with sanction of C. R. . . . . . . . . . . . . Leave cannot be granted to Deputy Collectors by any authority but Govt. . . . . . . . . . . . . . . . . To Cols., not to be recommended if interfering with business, or involving absence on sale days, No leave to Uncovd. Officers with retrospective effect except in cases of severe illness, . . . . . . . . Rule relative to applications from Assistants and Joint Magistrates and Depy. Cols. no independent, . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * c e s e s e e s e e s e a g º e º e e ºs e e s e e s e e These officers to address Col. submitting the letter first to the Magistrate, * * * * * * * c L e º Magistrate will make a mote thereon stating any objections before forwarding it to Col. . . . . . . Col. to transmit the same in original to C. R. with his opinion, . . . . . . . . . . . . . . . . . . . . . . . . C. R. to exercise his discretion in forwarding the application to Govt. or declining to do so, To Covenanted Officers. ABSENTEE REGULATIONs of 29 JAN. 1840 As MoDIFIED ON 17 MAX, 1843, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Uncovenanted Officers. Rules applicable to Depy. Cols... . . . . . . . . . . . . . . . . . . . . . . . . . . ACCOUNTANT To report half yearly old items of inefficient balance unadjusted by Cols. Copies of Circulars addressed to Cols. to be supplied to Cs. R. also, . © º º ºs e º 'º e º 'º e º gº º To adjust out-turns of treasure remittances in communication with Cols., tº e º e º e ºs e º se e ACCOUNTS. Directions respecting system of accounts with reference to discontinuance of Fuslee year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * c e º e º 'º e g º is © e a e s & e Collections of first seven months of Fuslee year to be taken as the demand, . . . . . . . . . . . . . . Difference between the collections and whole demand to be rated as demand for last 5 months, Revenue Officers in matters of account to correspond with Accountant, . . . . . . . . . . . . . . . . . Of Muhals not on the Towjee. See MUHALS NOT ON THE TOWJEE. Of balances not covered by sale and recoverable from late proprietor, to be kept separately, Half yearly Return prescribed,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers in. See TRANSFERS IN ACCOUNT. Revision of. See also PERIODICAL RETURNS. Demand in English months will be understood of corresponding native months, unless settle- ment was made according to the former, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Muhalwaree details may be omitted in annual accounts,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But Accountant may call for details every five years, ACCOUNTS OF MUHALS NOT ON THE TOWJEE. THE TOWJEE. f ACCOUNTS (TRANSFERS IN). See TRANSFERS IN ACCOUNT. ACCOUNTS, (DEPOSIT.) See DEPOSIT ACCOUNTS. ACCOUNTS, (PERIODICAL.) To be rendered to Accountant by certain specified dates, Accountant to report cause of delay in every instance, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACCOUNT SALES. Form prescribed to secure uniformity, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Letter to Com. of Patna circulated, explaining form of account sale, * * * tº º te e º e a Column 7 to contain balance on advertisement with interest, less payments,. . . . . . . . . . . . . . * tº Advertisements to include entire balance outstanding, due one month before date, . . . . . . A. No. 5.99 753 525 800 Nº. 5 51 | Date. 18 Mar. 21 Jan. 3 3 6 Mar. 9 May 1 Mar. 5 3 3 * 16 July 55 33 Appendix. 6 Aug. , Precedent. 23 Jan. 11 May 5 3. $ 3 23 Sept. 9 Jú. 1 May 10 Aug. , 42. 7 Sept. , 49. ,40. ,41. ,44. ,56. l 1 June , 50. |Page. l 72 3S2 1 l () 134 196 199 4 18 453 454 XV. xxxiii 445 ,38. 459 576 257 ii INDEX. 6 0 1837 to No. 419 ; 1833 to 481; 1830 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. Column 8 to shew balance accruing between advertisement and sale, . . . . . . . . . . . . . . . . . . Estate liable to sale only for arrears in Column 7, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Columns 8 and 9 added to shew amount to be provided for out of sale proceeds • Total balance in column 10 composed of sums in columns 7, 8 and 9, . . . . . . . . . . . . . . . . . . Headings of columns 7 and 8 altered,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To accompany Com.’s reports of sales of temporarily settled Estates, . . . . . . . . . . Heading of column 6 of form to be altered to “Sudder Jumma of Muhal,” . . . . e º e Whole jumma to be inserted whether the Muhal be under butwarrah or not, . . . . . . . . . . . . ACRES. Tables shewing conversion into standard beegahs and vice versä, . . . . . . . . . . . . . . ACTS. XX. of 1836. Powers conferred on Board may be exercised by Cs. R. . . . . . . . . . . IV. of 1840. Ruling of Sudder Court that a Zemindar dispossessed of land by Rev. Auths. cannot bring the case into the Criminal Court, ... . . . . . . . .” ADDRESS. Moonsiffs to be addressed in the same mode as Sudder Ameens, ADJOURNMENT of Sale. XII. of 1841. Has reference only to sales for arrears of Revenue or recoverable as such, Sec. 8, applicable to Sale of property of farmers and their sureties, . . . . . . . . . . . . . . . . . . . . XX. of 1841. Certificate to be produced before payment of money of a deceased person to a claimant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII. of 1848. Refers only to Sec. 2, Reg. IX. of 1825 and not to Sec. 5, . . . . . . . . . . . . XX. of 1848. Does not dispense with any processes previously enacted, See SALE. ADMINISTRATION REPORT. See ANNUAL REPORT and PERIODICAL RETURNS. ADVANCES for Embankments. See EMBANKMENTS, ADVANCES of Law charges. See LAW CHARGES. ADVANCES of Tuccavee. ADVERTISEMENTS OF SALE. Serishtadars responsible ADVOCATE GENERAL. References for his opinion to be made through S. B. R., ALLUWION. See TUCCAVEE ADVANCES. for their correctness and for balance being due one month before publication, ... . . . . . . . . . . . . . . . . º Whole balance due to date with interest to be specified, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Also date from which accumulation of arrear commenced,. . . . . . . . . . . . . . . . . . . . . . . . . . . . Both principal and interest up to date must be included, . . . . . . . . . . . . . . . . . . . . . . . . . . . Explanation that “interest” mentioned in C.O. 20th March, 1838, means interest legally due, Reason of omission to hold a sale on advertised date to be recorded, . . . . . . . . . . . . . . . . . . When sale is prevented by reports of balance having been paid, report to be tested, ...... Otherwise Col. will be held responsible for any false credit given to defaulter, tº e º 'º dº e ge Of Ward’s estates for debts of former proprietors, to declare purchaser liable for balance due, In sales of rights and interests, Col. to cause it to be understood that purchaser succeeds to liabilities of former proprietors, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º 'º º is tº º tº Term “all liabilities in C. O. 20th Sept. 1841,” explained not to refer to private debts, But only to arrears or suspensions of Govt. Revenue that may be due, . . . . . . . . . . . . . . . . Form of Advertisement under Act I. of 1845 prescribed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . To be published in language of District in the English and Vernacular Gazettes, . . . . Besides an English version in the English Gazette, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Need not be fixed in Civil Court under Sec. 6, Act I. of 1845, till opening of Court after holidays, . . . . . . . . . * g tº e º ºs e º ºs e º º sº e º 'º e Same orders repeated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions as to party chargeable with expense of notices served under Act I. of 1845,. . . . Peadahs to be paid by Cols. in first instance who will recover from defaulter,. . . . . . Rule for settlement of alluvial formations attached to p. s. Estates, ... . . . . . . When Zemindar engages, jumma of accretion to be included in original tahood,. . . . . . . . . . Parent Estate with increment constitutes a single Muhal,. . . . . . . . . . . . . . . . . . . . . . . . . . . . If proprietor objects, lands to be farmed for not more than 10 years, . . . . . . . . . . . . . . . . . . Malikana being reserved for proprietor, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In case of sale for arrears, right of property will pass to purchaser, . . . . . . . . . . . . . . . . . . . . A record to this effect to be made in settlement proceedings, . . . . . . . . . . . . . . . . . . . . . . . . The above rule revised. Cs. R, to determine if lease or permanent settlement should be made, If consolidation of jumma is objected to, increment may be settled as a distinct Muhal,.... 443 543 769 518 750 589 635 752 724 748 471 4 l 8 432 437 444 453 455 577 626 643 645 652 672 810 1 May 23 Oct. 14 , 11 Jan. 26 Feb. 3 Aug. 27 April 17,Dec. 17 Aug. 7 Mar. 27 July 13 Oct. 13 Nov. 30 Jam. 20 Mar. 8 May 12 June 5 y * 3, J tly 20 Sept. 29 Mar. 18 April 20 June 3 5 23 Aug. 3 , 12 July 21 Mar. 7 Aug. | No. Date, ,38. Page. 36 3 3 103 381 1.59 203 3S2 35 l 379 13 29 5 5 45. 5 3 47 | 47 107 INDEX. iii © Q O U 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. No. Date. Page. And be thenceforward separately liable for the jumma assessed upon it, ... . . . . . . . . . . . . . . 573 || 10 July 4d. | 1.45 Cs. R. to see that the boundary line is clearly defined in a map, . . . . . . . . . . . . . . . . . . . . . . •, I 5 3 y 5 To be rated at 3 As. per acre in calculating Govt. pleaders' fees in resumption suits, . . . . . . . 648 || 11 July 45. 231 No new suits to be brought on file with reference to Draft Act on the subject, . . . . . . . . . . 656 || 2 Jan. ,46. 240 Proceedings in pending cases to be suspended except those ripe for decision, . . . . . . . . . . . . 95 3 3 º Increments to Estates when mortgaged continue to belong to the proprietor of the Estate, No.6 | Precedent. 577 But mortgagees to be continued in possession paying the Govt. Revenue, . . . . . . . . . . . . . . O AMEENS (FOR MEASUREMENT). Statements of measurements shewing expense, &c. to accompany Operation Reports,. . . . . . . . ... . . . . . . . . . . . . . . . . 534 18 July ,40. I 14 5 5. 35 33 5 5. 3 y 5 5 Establishments required for settlements may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . . . 599 || 10 Aug. .42. 178 Practice of paying by the piece objected to, but need not be discontinued, .............. 798 || 7 June , 50. 443 Plan of paying by a salary to be introduced where practicable,.... . . . . . . . . . . . . . . . . . . . . . .” 33. 93. 3 5 Scale of pay and establishment which may be deemed fair in ordinary cases, . . . . . . . . . . . . . » J. J. ,, . 444, Where many Ameens are employed, they should be controlled by a Depy. Col. or other Officer, , 3 3 5 5 3 * Where piece-work is continued, advance to be made of two-thirds of pay of a salaried Ameen, , 5, 2 J 3 3 2. Subject to adjustment on completion of duty,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 53 33 3 5 Statement to accompany Annual Report shewing rate of remuneration granted, . . . . . . . . . . 3 y 3 3 J. J. 5 3 May be deputed to identify lands with powers under Sec. 24, Reg. VII. of 1822, ... . . . . . . 843 26 Dec. , || 51 I Extent of powers to be recorded in summud of appointment, . . . . . . . . . . . . . . . . . . . . . . . . J. J. 3 3 J. J. 5 3 No one unacquainted with mensuration to be employed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” ,, , , , 514 Col. to instruct a sufficient number in the work, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3 3 3.3 32 AMEENS (FEROSH.) See COMMISSIONERS UNDER ACT I. OF 1839. AMEENS (FOR BUTWARRAH). See BUT WARRAH. - AMEENS (FOR SURVEY.) May plot their own work, or some may be trained as muksha nuVēSeeS, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AMLAH. See also ESTABLISHMENTS. To receive travelling allowances at three-tenths of their salaries, . . . . . . . . . . . . . . . . . . . . . . 505 | 18 Sept. 39. 93 Not allowed to engage in commercial transactions in their own Districts,.... . . . . . . . . . . . . . 596 ||25 May 42. 167 Register of Officers dismissed for misconduct will be kept in Board's office, ............ 597 1 June , , , Jnstances of dismissal to be reported for entry in Register, . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 5 ° 3 3 - || 3 5 Not to be entertained on lower salaries than those fixed by Govt., . . . . . . . . . . . . . . . . . . . . 622 || 2 Feb. 44. 194 836 | 15 Nov. 2, 493 Spécification of Officers from whom mal or hazir zamin is to be required, . . . . . . . . . . . . . . . 694 || 24 Sept. 47. 298 Attention called to Sudder Court’s decision on illegality of farms or Mokurerees from Zemindars, ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696 || 30 Oct. ,, 299 Practice of allowing Officers to “act” for years censured,. . . . . . . . . . 727 | 12 Mar. , 49. 354 Report for confirmation in appointment to be submitted after probation of 2 months, . . . . Employment of Serishtadars merely in reading papers deprecated, . e e º e º 'º e º e º & º º tº Subordinate officers of Moonshee khanah rather to be employed on the duty,. . . . . . . . . . . s. . . J 3. 22 e 93 5 y Not to be carried about with every new appointment of European functionary, ... . . . . . . . 790 || 14 May 50. 435 Nor to supersede claims of those who have been long in office,. . . . . . . . . . . . . . . . . . . . . . . . 3 3 35 5 3 When subordinate to two Officers, not to be summoned by one without intimation to the other, 826 || 13 Sept. , 465 Employment of persons dismissed from one Dept. in another Dept. prohibited by Ct. of Drs., 834 12 Nov. 2, 492 AMLAH OF UNCOVENANTED DEPUTY COLLECTORS. Salary for period of ab- sence of Depy. Cols, may be passed by S. B. R., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 || 6 May ,40. 114 To draw travelling allowances at three-tenths of salaries, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 13 Nov. 47. 300 ANIMALS (WILD). Rewards for destruction of. See WILD BEASTS. ANNUAL REPORT AND RETURNS. New forms, of statements prescribed in lieu of O 740 | 15 June , 369 5 5. Operation Returns, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676 21 Sept. ,46. 259 Specification of subjects to be embraced in Reports, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 y ,, . 260 Consultation paper to be used, and statements incorporated into the Report, . . . . . . . . . . . . . . . . 3.5 - 3 3 - || 3 > Date of submission, 1st July of each year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e J } 3 3 ,, . 26 l Detailed instructions for preparation of the several statements, . . . . . . . º ,, . 262 dº e º 'º e & tº 3 * 3 3 The same orders explained. Remarks not to be separate from statements,. . . . . . . . . . . . . . . 687 || 4 June 247. 283 But in juxta-position, as exemplified in specimen forms, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 3 5 * 3 5. Detailed instructions in modification of certain of the statements, . . . . . . . . . . . . . . . . . . . . 3 J. 33 ,, . 284 Number of Muhals in the several statements to be reconciled, . . . . . . . . . . . . . . . . . . . . . . . . 5 3 9 3 5 3 * > . iv. INDEX. e G 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 63. 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. ) No. Date. Page. Further instructions relative to preparation of the Returns, ... . . . . . . . . . . . . . . . . . . . . . . . 7 10 |28 June ,48. 321 Total balance in statements A and B to be distributed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5 5. 5 3. Two new columns introduced, in statement B, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 3 J. 33 J 3 . Details of removals and additions as in printed Report for 1846-47, . . . . . . . . . . . . . . . . . . J. J. 3 5 3 3 || @ 3 2 Alterations in form of statement C indicated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 55 ,, 323 Settlements in column 7 statement D to be classified according to periods. . . . . . . . . . . . . . . 3 y 9 3 35 3 3 * Details in statement E column 7 to be as in printed Report for 1846-47, . . . . . . . . . . . . . . . 35 55 ,, 324 Summary suit statement, final column modified. Details as in printed Report, . . . . . . . . . . 3 3 3 y 35 5 3 Resumed Muhals the property of Govt. not to go out of statement A, . . . . . . . . . . . . . . . 3.5 35 9 3 5 5 But when belonging to individuals, they go out of B on settlement, to be brought on again on expiry of term,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 53 5 5. 3 3 Muhals the property of Govt. if sold, to be transferred from Asto B,. . . . . . ,, . 325 e tº º e º e e s tº e e s ſº 5 y 3 3 Separate statement of Executions of Summary Decrees, to follow Summary Suits, . . . . . . . . 712 12 July , 327 New forms of statement for Collectors' Business prescribed, . . . . . . . . . . . . . . . . . . . . . . . . . . 33 • 3; 5 y 2. Same case not to be counted more than once from institution to decision, . . . . . . . . . . . . . . 5 3 3 J. 3 y 3 y Letters of mere form and periodical statements to be excluded from Appendix, . . . . . . . . . . . , 35 53 3 * Same form to be adopted for Collector’s quarterly Returns of Business, . . . . . . . . . . . . . . . . 3 J 3 5 5 3 9 3 New form of statement for Commissioners' Business prescribed, . . . . . | , , 328 APPEALS. Against orders removing Putwarees from office will not be entertained by 's. B. R. 736 6 Mar. ,49. 353 In butwarrah cases, to be accompanied with an English report as well as the native papers, 756 14 Sept. , || 384 In dakhil kharij and settlement cases will be heard by S. B. R. only on disputed points of law and practice, . . . . . . . . . . . . . . . . sº -º º e º ºs e e º 'º tº e º 'º e º 'º - - - - - - - - - - - - - - - - - - - - - - - - - 772 5 Feb. , 50, 402 And not on questions of fact except when there is no remedy in Civil Court, . . . . . . . . . . . . 33 5 y 55 3 3 Points of objection to be certified on back of petition, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 9 3 3 y Reports on petitions to be prefaced by a narrative of the facts of the case, . . . . . . . . . . . . ... 795 28 May 3 3 APPEALS (IN CIVIL SUITS) When Civil Court's order is objectionable, Col. to report C. R. 609 || 3 Jan. , 43. 186 Forwarding draft of proposed appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If time presses, a pro formā appeal to be filed in Court, . . . . . . . . . . . . . . . . tº ge 33 º º Details of objections being reserved till receipt of Com.’s instructions,. . . . . . . . . . 3 J. 5 3 3 3 3 J. Fees of Govt. Agent at Sudder Court. See GOVERNMENT PLEADER. O No appeal to be instituted in Zillah Court till opinion of R. L. A. has been taken, ... . . . 678 4 Dec. ,46. 270 Merits of decision against Govt. to be reported to that Officer, . . . . . . . . . . . . . . . . . . . . . . . . . , 5 y ... " .. If R. L. A. and C. R. agree, appeal may be preferred, e e º sº tº e º 'º º º e º º ſº e º e º 'º e º e º ſº tº e º ºs e e 3 J. 3 5 3 J. 3 J. If otherwise, case to be reported for orders of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , | * , 3 e 5 5 In cases before Moonsiffs appeal may if necessary be lodged at once, . . . . . . . . 3 J. 3 J. J3 3 3 Being afterwards withdrawn if it be decided not to appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 33 When four days of term for appeal remain, Col. may file a pro formā appeal, . . . . . . . . . . . . 744 || 13 July , 49. 373 Authenficated stamped copies of previous decrees to be filed within prescribed term, . . . . . . 766 11 Dec. , 394 APPEALS (IN RESUMPTION SUITS) C. R. to forward to S. B. R. statements of grounds of appeal, . . . . . . . . . . . . . . . . . . . . . . 454 | 16 June ,38. 46 Together with copy of decision to enable S. B. R. to file proceedings, ..... Not necessary to forward stamped paper, • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * | 5 y 3 y 5 y Rule enjoined. C. R. if disapproving decision of Resumption Officer to report to S. B. R. 482 || 8 Jan. ,39. 76 S. B. R. will determine whether appeal shall be preferred to Sp. Com., . . . . . . . . . . . . . . . . . , 33 3 J. Rule superseded by new Rules of Practice as regards determination of question of appeal,.. 599 || 10 Aug. ,42. 172 Supersession of Rule of 8th Jan., 1839, by new Rules of Practice pointed out,. . . . . . . . . . . 621 || 9 Jan. ,44. 194 Course laid down in Rule 16 of Rules appended to Reg. III. of 1828 to be followed, e 9 3 33 3 3 5 3 C. R. to transmit papers to Sp. Com. with proceeding containing grounds of reference,. . . . . , Intimating the same to S. B. R. who will cause pleadings to be filed, . . . . . . . . . . . . . . ..... , 3 3 ,, . » Stamped paper of 1 Rupee for engrossing the pleading to be forwarded at the same time, ... , 3 J. 5 3 5 y Fees of Govt. Agent at Sp. Com.’s Court. See GOVERNMENT AGENT. º APPEALS (IN SUMMARY SUITS). Col. not bound as a matter.of course to receive appeals from decisions of Dep. Cols. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592 29 April ,42. 160 APPEALS AGAINST SUMMARY SALES. Under Sec. 15, Reg. VII of 1799 cannot be entertained by Cs. R. except on ground of irrelevancy of the Law, ... . . . . . . . . . . . . . . . . 625 | 8 Mar. ,44. 196 But under Sec. 25, may be admitted on whatever ground, . . . . . . . . . . . . . . . . . . . 33 3 3 3 J 5 3 , INDEx. V J. ) j 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768: 1850 to 843 APPEALS AGAINST SALES FOR ARREARS OF REVENUE. Days when appellate court is closed, to be added to period allowed for appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . A memo. of dates of sale and appeal to be placed before C. R. when appeal is presented, In order to preclude interference with sele when term of appeal has expired, . . . . . . . . . . . . APPLICATIONS for leave of absence, copies of Regulations, &c. See ABSENCE REGU- LATIONS, &c. ARRANGEMENT OF RECORDS. See RECORDS. ARREARS OF BUSINESS. See BUSINESS. Anº OF RENT. Ten days may be allowed before issue of process against tyots after ue date, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * e s e < e < e < e e e s e s s Col. may proceed by summary suit, distraint, requisition, attachment and arrest, ... A written demand served by a peom the most approved node, ... . Next, a dustuck for apprehension of defaulter, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment of tenure to be avoided as long as possible, . . . . . . tº e º 'º e º 'º is e º e a e e e a e No authority for attaching and selling personal property at all times, ... . . . . . . . . . . . . . . . . When process under Sec. 25, Reg. VII. of 1799 is decided on, rules in Sec. 23 to be observed, If arrear remain, defaulter may be ousted if possessing no transferable rights,....... Otherwise his interest to be sold under Act VIII. of 1835, . . . . . . . . . . . . . . . . . . . . . . . . . . Similar rules applicable to talookdars and other renters, . . . . . . . . . . . . . . . & º e º 'º e e is a s e º e When recovery by distraint is considered suitable to undertenants, due authority to be given to officer entrusted with collections,. . . . . . . . . . . . . . . . Nazir or tehsildar may distrain and sell by custom, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But the more regular course is for them to distrain, and for Com. under Act I. of 1839 to sell, ARREST. Parties attending Criminal Courts, & defendants in suits before Collectors exempt from arrest under civil process,. . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - While in attendance, or going to, or returning from court,. . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection extended to parties attending any Court of Justice, . . . . . . . . . . . . . . . . . . . . . . . . ASSESSMENT. Sentiments of Ct. of Drs. relative to principles regulating settlements, in connection especially with cotton, sugar and other staples, . . . . . . . . . . . . . . . . . . . . . . . . Policy of encouraging native enterprise by a remunerating profit, . . . . . . . . . . & © tº e º 'º e ºs e e s e Long leases and moderate assessments desirable, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Productive power of land, not actual produce, the guide in assessment, . . . . . . . . . . . . . . . . Sentiments repeated with reference to lands growing sugar, . . . . . . . . . . . . . . . tº e º 'º º is tº * tº e ºs Loss arising from want of capital and enterprise on the part of a tenant to be put up with,.. Rather than that an additional cess should be imposed on intelligent use of capital, . . . . . . Actual produce to be considered in estimating productiveness of land, . . . . . . . . . . . . . . . . . . Together with soil, climate, &c., and not the particular crop, . . . . . . . . . . . . . . . . . . . . . . Desire of Govt. to relieve sugar cultivation of impolitic taxation, . . . . . . . . . . . . . . . . . . . . . . But not to encourage it more than other similarly advantageous products, . . . . . . . . . . . . . . Government should promulgate information regarding valuable foreign products,. . . . . . . . . . Leaving parties to act upon the information as they may deem best, . . . . . . . . . . . . . . . . . . Govt. not responsible for speculations of individuals in culture of came, . . . . . . . . . . . . . . . . Of resumed Muhals. To commence 6 months after resumption, . . . . . . . . . . . . . . . . . . . Of shikmee Muhals under 100 beegahs in resumed Muhals, to be at half rental,.... . . . . . . Liability to assessment the only question for decision of resumption officers, . . . . . . . . . . . . Rent actually paid by tenants to be the basis of assessment,..... . . . . . . . . . . . . . . If this information cannot be had, rates in adjoining estates to be the criterion, . . . Enquiries to be recorded so as to enable appellate authority to form his conclusions, . . . . . . Allowance to be made for land left fallow by custom, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not highest rate, but rate in average years to be ascertained, . . . . . . . . . . . . . . . . . . . . . . . . Fertility of soil not the only circumstance to regulate rates, . . . . . . . . . . . . . . . . . . . . . . . . . . But population, climate, and local agvantages to be considered, e e º e º is a s tº e º e º © e System in N. W. Provinces not applicable to ryotwaree settlements in Bengal, . . . . . . . . . . Uniformity of assessment may require a sacrifice of rental, . . . . . . . . . . . . . . . . . . . . . . . . . . But inequalities not founded on sufficient cause should be disallowed, . . . . . . . . . . . . . . . . . . When good cause exists, it should be recorded in the proceedings, . . . . . . . • • * * * * * * * * * * No. 536 3 y 838 Dale, 5 Aug. 837 22 Nov. 3 3 19 Nov., {} ,40. , 50. 3 y Pag e. I 15 494 3 y P B 5 18 vi INDEX. { —6- 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. ASSISTANTS Of Record-keepers. To furnish hazir zamin, . . . . . . Assessment to be not according to produce but capabilities of land, . . . . . . . . . . . . . . . . . . . . Annual rents for past 3 years to regulate the demand, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leases to be granted to occupants for from 3 to 20 years,. . . . . . . . . . . . . . sº se e º e e s e º e a e e is And during lease no additional rent should be demanded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Collection of rents in kind not to be hastily set aside, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If practicable, a money assessment to be substituted, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . But where unavoidable, provisions of Cl. 2, Sec. 57, Reg. VIII. of 1793 to be observed, .. * , a e e AssistANTs (CóVENANTED). Sanction of Govt. for holding sales not necessary, ... Col. not competent to delegate the duty without sanction of C. R., . . . . . . . . . . . . . . . . . . . Rules in N. W. Provinces for employment and instruction of Junior Officers circulated,.... C. R. to see to the rules being carried out on his periodical visits, ... . . . . . . . . . . . . . . . . . . First requisite is, that Col. himself should attend office regularly, . . . . . . . . . r e • * * * * * * * Next, that the Assistant should be required to attend regularly, . . . . . . . . . . . . . . . . . . . . . º Failure to be reported by C. R. to S. B. R.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purther, in regard to distribution of business, Col. to retain superintendence over every dept., Prescribing principles for the conduct of their duties by his subordinates, . . . . . . . . . . . . . . And placing just confidence in the Junior Officers,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . All orders of Assistants need not be revised, . . . . . . . . . . . . . . . . . . . . . . . . . . Instruction by personal conference preferable to revisions in absence, . . . . . . . . . . . . . . . . . . An Assistant may have a particular tract or charge committed to him,. . . . . . . e e s w e s e s e e s For the careful management of which he should be held responsible, . . . . . . . . . . . . . . . . . . Not to be employed merely in signing and correcting papers, . . . . . . . . . . . . . . . . . . . . . . . To be required to take notes of matters, and of orders passed by him,. . . . . . . . . . • tº e º e s e e Reporting daily to Col. from his notes the nature of his decisions, . . . . . . . . . . . . . . . . . . . . To be encouraged to have recourse to Col. in cases of doubt, . . . . . . . . . . . . . . . . . . . . . . . . . . In important cases, to state facts and obtain Col.’s opinion before passing orders, . . . . . . . . At first, Col. may call for and examine cases disposed of by Assistant, . . . . . . . . . . . . . . . . Making verbal observations thereon, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As Assistant gains experience, minute surveillance may be abandoned,. . . . . . . . . . . . . . . . . . Importance of duty of training Assistants inculcated,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When residing in interior of Districts, with separate jurisdiction, may be entrusted with revenue duties, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e s tº * * * * * Provided it does not interfere with performance of judicial business,. . . . . . . . . . . . . . . . . . . . To be employed in adjusting deposit accounts under Col.’s directions,. . . . . . . . . . . . . . . . . ge Importance of duty of training Assistants less than 3 years out of college, . . . . . . . . . . . . . . Instances of failure in Heads of offices to be reported by C. R... . . . . . . . . . . . . . . . . . . . . . . Examination to embrace languages, laws, circulars, accounts, mensuration, and surveying if desired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An old record to be made over to pass a judgment and draw up a proceeding, . . . . . . . . . . Examination papers to be forwarded to S. B. R. with report from C. R... . . . . . . . . . . . . . . Future prospects will depend on degree of proficiency, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To be employed on revenue work in the interior during cold weather, . . . . . . . . . . . . . . . . . . If no settlements, local enquiries may be engaged in, . . . . . º e s tº e s tº e º e º e º e º e º e º e e s e e º e º Reports to be written by themselves, and submitted for inspection of S. B. R. . . . . . . . . . . Required to pass an examination before being vested with full powers, . . . . Assist ANTs' (UNööves. ANTED) see ÚNCove NANTED Assist ANTs. ATTACHMENT Of surplus proceeds of revenue sales by Civil Court not to be interfered with under C. O. 4th Jan., 1841, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of portions of Estates under Sec. 26, Reg. W. of 1812 not authorized by law, ... . . . . . . . . . . Nor by construction of Sudder Court, No. 717,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cols, to address Judges in order to withdrawal of such attachments, . . . . . . . . . . . . . . . . . . Civil Court competent to direct attachment of portions of Estates under Cl. 2, Sec. 5, Reg. II. of 1806, . . . . . . . . . . . . . . . . . . . . . . . © s e s e e e º e º e e º e s e e s e s e s tº e º e e s e e º a tº ſº e º f e e In such case entire estate is exempted from sale under Sec. 10, Act I. of 1845, . . . . . . . . . * * tº sº º ºr Of money in Col.’s hand by Sheriff of Calcutta. Course to be followed on receipt of notice, No. 843 Date, Page. 26 Dec. , 50. 520 33 3 3 5 * 35 53 2 3 3 3 35 2 3 9 3 5 3 5 2. 3 J. 5 5 5 3 $ 5 3 3 5 * 24 Sept.,47. 298 21 Aug. ,38. 62 3 5 $ 2 2 3 10 Aug. ,42. 172 33 95 3 y 3 3 J } 179 * 53 33 3 3 5 5 35 2 3 3 3 3 J. 3 3 3 5 3.5 3 5 9 3 5 3 5 3. 3 5 33 J 5 3 5 59 3 y 3 J. 3 5 180 35 33 35 55 9 3 33 3 2 33 33 3 3 9 3 5 y 3 3 3 3 J 3 y 9 3 5 3 5 3 y 3 3 3 3 y 3 3 3 3 2 3 J. 3 3 J 3 9 3 ”, 3 3 20 June ,45. 225 () 5 5 5 y 3 y 15 Feb. , 50. 406 - 99 9 3 407 > y ,, . 408 3 5 3 3 3 y 55 « » 5 § 5 5 $ 3 3 3 3 3 9 3 5 5 3 Sept. ,, 464 $ 2 J } 5 y 5 3. 3 3 5 5 15 Oct. , , || 490 30 June ,4l." | 1.44 . 3 Aug. ,46. 251 33 92 2 3 Q JJ 93 5 5 9 3 5 3 252 J. J. Q 9 3 3 y 23 Feb. ,48. 302 INDEX. vii ) s ) 1837 to No. 419 ; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 608; 1848 to 719; 1849 to 768; 1850 to 843. No. Date. Page. . . . . . . . . . 701 || 23 Feb. ,48. 302 Receipt of letter merely to be acknowledged, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And communication held with the Solicitor to the East India Company,. . . . . . . . . . . . . . . . . , 3 3 3.5 3 3 Explaining the circumstances attending possession, and why the money should not be paid, 33 3 y J. J. 5 3 Money not to be paid away without proper authority, • * * * * * * * * * * * * * * * * * * * * * * * * * * * 3 3 3 3 ..., | 393 Sudder Court’s opinion on legality of farming attached Estates, . . . . . . . . . . . . . . . . . . . . . . 780 | 19 Mar. , 50. 418 Estates attached by Civil Court may be farthed through Surburakar under Col.’s directions, , 3.3 53 35 Farm not to extend beyond term of attachment,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 3 5. ,, . 419 Estates attached by Criminal Court to remain under khas management, . . . . . . . . . . . . . . . . 5, 2 33 y 3 5 3 Return called for annually of Estates attached by Judicial Authorities, - tº ... 797 || 31 May , 442 Exhibiting jumma, mode of management, law under which attachment was made and appropriation of surplus profits, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 y 33 3 5 Resolutions of C. R. to accompany the Return, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 5 y 3 y BADSHAHEE TENURES. Rules applicable to them contained in Reg. XXXVII. of 1793,... 467 || 25 Aug. ,38. 64 Liable to resigmption if invalid, wherever situated and of whatever extent, ... . . . . . . . . . . Exclusion of lakhirajdars from settlement under Rule IX. not to be ºnforced, except for forgeries with fraudulent intent, . . . . . . . . . . . . . . . . . . . . . . . 535 | 29 July ,40. 115 Govt. Officer to prove non-possession of grantee during the supremacy of the grantor, . . . . 542 | 16 Sept. , | 123 Where possession has been uninterrupted since 12th Aug. 1765 for Bengal, and 1791 for Cuttack,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e s e s e º e o e o e < e < * * * * * * * * * * * * * * * * e º e Subsequent resumption if alleged, as a ground for assessment to be also proved by Govt. .. BALANCES. Of Muhals under Butwarrah, if due for a prior period, recoverable by sale of entire Estate, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492 || 5 June , 39. 84 Bukya to be distinguished from Hal balance in red ink in quarterly Towjees, . . . . . . . . . . . . 3 y Due from late proprietors to be distinguished in account from those due from the Estate, ... 5 l l 4 Dec. , 100 Half yearly Return prescribed, • e s a e s e s e e e s e e s e a e o e s = e e s s s e º e s º e º e º 'º e s tº * * * * * * 5 3 5 y 5 3 J. J. When nominal, may be written off by S. B. R.,. . . . . e e e < e < e o e e s s e tº v, e s • e o 'º e s s a e e e ... 529 || 6 May 40. 112 Of all Estates in which the real demand falls short of Towjee jumma may be remit- ted by S. B. R., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547 21 Oct. ,, 127 Accounts to be relieved of Khas balances to 1246, B. S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586 || 9 Feb. 42. 155 And of balances of 1247, previous to preparation of Operation Returns for 1841-42,. . . . . . 3 3 J. J. 3 y 3 3 'Mischief of encumbering the accounts with heavy arrears, . . . . . . . . . . . . . . . . . . . . . e e tº s e 3 3 33 ,, . 156 Interfering as they do with the exertions of ryots for current payments, . . . . . . . . . . . e e s e e %, 33 3 5 3 3 And giving interested underlings the means of extortion and annoyance, . . . . . . . . . . . . . . . . 35 3 3 3 3 5 5. Demand not recovered in first two quarters of following year generally irrecoverable, . . . . . . y 3 33 33 3 J. Especially when founded upon estimated or conjectural data, . . . . . . . . . . . . . . . . . . . . . . . . 3 J. y 3 3 5 5 3 If whole year allowed for collecting, the remainder may be struck off at once,. . . . . . . . . . . . 3 3 3 3 3 J. 3 3 Except in special cases of which grounds are to be shewn,. . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 3 3 3 3 Similar course to be followed at commencement of each year, . . . . . . . . . . . . . . . . . . . . . . . . 3 3 p 33 C. R.'s authority sufficient to write off uncollected khas balances, . . . . . . . . . . . . . . . . . . . . 590 || 30 April 9, 160 Due from late proprietors. Half yearly Return altered to annual, . . . . . . . . . . . . . . . . . . . . 594 | 11 May 9, 162 Such balances, as well as of cancelled farming leases, not to be retained as against the Estates, , 3 3 ,, . 165 But transferred from the Towjees to the defaulter's Register, . . . . . . . . . . . . . . . . . . . . . . . . All balances considered irrecoverable may be remitted by S. B. R... . . . . . . . But remission of current balances except in Estates held khas requires sanction of Govt. . . 599 || 10 Aug. , 42. 175 3 J. 35 3 3 y 5 Of Estates held khas, and difference between demand and Towjee jumma, may be remitted by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * | 33 33 33 5 3 Annual Return to S. B. R. of balances recommended for remission by CŞ. R., . . . . . . . . . . . . 5 3 ,, . 178 Not to go out of Towjees except through column of remissions, . . . . . . . . . . . . . . . . . . . . . . 747 || 17 July ,49. 377 Gs. R. competent under Rule of Practice XV, to sanction remission of balances of Estates held khas though jummabundee may have been framed,. . . . . . . . . . . . . . . . . . . . . . . . . . . .801 || 14 June 250. 446 Ruling relative to receiving balances of putnee tenures tendered to avert sale, . . . . . . . . . . No 1 Precedent. 575 May be deposited by putmeedars of the second degree to stay sale, . . . . . . . . . . . . . . . . . . . . No 8 33 577 And also by’holders of the first degree provided a suit is pending to contest the demand, .. BALANCES (INEFFICIENT). See INEFFICIENT BALANCES. BANK NOTES. Practice of endorsing prohibited,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 | 16 Jan. ,38. 20 Register of numbers and dates of notes received and issued to be kept, . . . . . . . . . . . . . . . . 5 5 3 3 3 D 3 2 3 3 5 3 35 viii INDEX. ©, 0. O. 1837 to No.419, 1838 to 401; 1839 to 518; 1840 to 552; 1841 to 583; 1842to608; 1843 to 620; 1844 to 635, #45 to 655; 1816 to 678; 1847 to 698; 1848 to 719, 1849 to 768, ago toss. Reasons for caution in regard to endorsements, e e º e s e e º e º O C e º e º & e º e º e º is e º e s º Govt. Orders of 26 Sept. 1838 directing endorsement, revoked, . . . . . . . . . . . . . . . . . . . . . . BATTA Levied on coins afterwards passed in circulation at full value reprobated, . . . . . . . . . . BEEGAH Of 14,400 square feet the standard in all measurements, . . . . . . . . . . . . . . . . . . . . . . Tables shewing conversion of beegahs into acres, and ‘vice versä, . . . . . . . . . . . . . . . . . . . . . . Of 14,400 square feet the standard in determining whether land shall be released under the 50-beegah order of Govt. or not, .... e e º e º e º e º e < * * * * * * * * * * * ... • e o e s e e s e e s e e s = e = e s e BEHAR. Mr. Lushington’s Report on system followed in survey of Behar,. . . . . . . . . . . . . . BERESFORD. (MR.) His report on experimental measurements in resumption cases,.... His success attributed in great measure to his presence on the spot,. . . . . . . . . . . . . . . . . . . . Measurement speedily followed up, serves to check collusive practices, . . . . . . . . . . . . . . . BETHUNE (HON’BLE J. E. D.) His success in establishing a schoºl for the education of females, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BEIITOUREE. Or Mohturfa, to be excluded from assets of settlement, . . . . . . . . . . . . . . . . BIGNELL (MR. M. A.) Dep. Suptdt. of Legal Affairs. His opinion respecting kharij jumma grants not exceeding 100 beegahs in p. s. Estates,. . . . . . . . . . . . . . . . . . . . . BILLS. See CONTINGENT BILLS, SURVEY BILLS, &c., BOARD OF REVENUE (SUDDER). To dispose finally of sales of t. s. Muhals, Rule of Practice modified. May decline to refer to Govt. a case desired by C. R., . . . . . . In such case C. R. may make the reference direct, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers conferred by Act XX. of 1836 may be exercised by Cs. R., • - - - - - - - - - - - - - - - Wested with augmented powers.-May remit nominal balances being difference between rental and recorded jumma, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May remit interest on principal already remitted by competent authority, . . . . . . . . . . . . . . May sanction transfers of Land Revenue credits to other heads, . . . . . . . . . . . . . . . . . . . . May refund collections from Muhals erroneously resumed or relinquished, . . . . . . . . . . . . . . May refund sums paid in excess of jumma of Muhals fixed at settlement, May restore pensions stopped for prolonged absence, with arrears, . . . . . . . . . . . . . . . . . . . . May sanction salaries of amlah of Depy. Cols. during their absence on leave, . . . . . . . . . . . . May sanction refunds of all descriptions not exceeding 500 Rs., May sanction Establishments for burwarrahs under Act XI. of 1838, . . . . . . . . . . . . . . . . . . Subject to confirmationſ of Govt. on half yearly Reports or statements, . . . . . . . . . . . . . . . . Their orders confirming lakhiraj titles under Rule I. of Rules passed on 17th Aug. 1840, final, To grant certificates to holders of relinquished lands, - May remit nominal balances in all Estates in which real Towjee, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º e º e s e e e e s e º 'º e º ºs e e s e e Will return to Cols. and Cs. R. cases which they are competent to dispose of, . . . . . . . . . . Will keep a Register of Officers dismissed for misconduct, * … ſe NEw RULEs of PRACTICE. Competent to revise proceedings by law, * . . . . . . . . . . Art. II. To report to Govt. any case which Cs. R. may desire, . . . . . . . . . . . . . . . . . . . . . . . Art. IV. To refer to Govt. matters of general interest or importance, . . . . . . . . . . . . . . . . . . . . Art. W. Matters coming before S. B. R. to be decided by both members, . . . . . . . . . . . . . . Art. VI. If they disagree, question to be referred to Govt., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May sanction abatements of jnmma when necessary, . . . . . . . . . . . . . . . . . . . . . . Art, XIII. And removal from Towjee of non-existent Muhals, reporting to Govt. and Accountant,. . . . May remit all balances considered irrecoverable, . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XIV. But not current revenue without sanction of Govt. except in Estates held khas, . . . . . . . . . May sanction refund of collections of Muhals erroneously resumed or relinquished, Art. XVI. And collections in excess of jumma fixed on confirmation of settlement, . . . . . . . . . . . . . . . Also compensation to maliks in badshahee tenures for loss of settlement, tº e º 'º º cº e s º gº º is And refunds of every other description connected with Land Revenue not above 500 Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. 'YVII. To sanction and conduct appeals to Sudder Court, . . . . . . . . . . . tº e s e s e e s e s e s a Art. XXII. May sanction continuance of hereditary pensions, . . . . . . . . . . . . . . . . . . . . . . . . Art. XXIII. When recognized by Govt. or decreed, or the pension is of a permanent rature, . . . . . . . . . * u, e º e º 'º e a s a e g º e º & © e º e e demand falls short of jamma on No. 427 583 763 769 813 No. 1 500 3 J. 78: 491 507 476 496 95 5 18 Date. 16 Jan. ,38. 15 Dec. 23 Nov. l 1 Jan. 19 July , Appendix. 14 Aug. ,39. 3.3 y 2 3 3 3 y 30 April ,50. 29 May ,39. 8 Oct. , 23 Oct. ,38. 17 July ,39. 26 Feb. 40. 6 May ,, 9 3 2 June ,, 15 July , 16 Sept. © 93 33 21 Oct. , 13 Jan. , 41. 1 June , 42. 10 Aug. , () 3 2 5 § J. :) 5 3 3 × 33 3 y 9 3 3 y 3 3 33 5 y 9 3 33 23 33 3 2 3 y 3, 2 9 y 3 × 5 3 {. y 5 y 9 3 5 3 2 3 5 } > 0. 3 y 3 y 4i. ,49. ,50. Page. 20 132 393 397 455 i. 87 9 | 177 ..) , INDEX. 2 ix J - - 1837 to No. 419, 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620: 1844 to 635; 1945 to 655; 1846 to 678; 1847 to 698; 1848 to 719, 1849 to 768, 1850 to 843. No. Date. Page. May recommend continuance of life pensions to heirs on sufficient grounds, ... Art. XXIV. 599 || 10 Aug. , 42. 177 May order restoration of pensions lapsing from absence above 12 months, ..... Art. XXV. ,, 5 y 3 5. 5 § May sanction contingent disbursements up to 500 Rs. . . . . . . . . . . . . . . . . . . . . Art. XXVI. ,, X 3 3 y 3 y May sanction disbursements under degrees of Court, . . . . . . . . . . . . . . . . . ... Art. XXVII. ,, 35 3 y 9 3 And adjustment of irrecoverable law charges, reporting to Govt. . . . . . . . . . . . . . . . . . . . . . . 35 3 y 3 y 5 5 Authority requisite to enable Cs. R. to sanction Tuccavee advances, . . . . . . . . Art. XXIX. ,, 3 3 3 y * 9 Authority requisite for altering number, designation and salaries of establishments of J subordinates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Art. XXX. , , 5 5 5 p. ?? To see that consideration shewn to capitalists and others is not abused, . . . . . . . . . . . . . . . 631 | 16 July 44. 201 When Govt. Promissory Notes are received as security for payment of arrears, . . . . . . . . . . 3 3 3 5. 3 y 3 y Or allowed to interfere with punctual realization of revenue, . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 y 5 y 3 y Rule VI. of Rules of Practice construed not to extend to mere calls for reports or papers, , 637 29 Jan. ,45. 210 A single member may call for them when necessary to form his opinion on a case, . . . . . . . . 5 5 33 5 s y 5 To sanction rewards to masters from fees of vernacular schools, . . . . . . . . . . . . 658 29 Jan. ,46. 24 I To direct proceedings in appeals to Sudder Court,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 686 29 May ,47. 282 To sanction disbursements of surplus fees of vernacular schools, . . . . . . . . . . . . . . . . . . . . . . 713 || 2 Sept. ,48. 330 Not competent to authorize Col. to reinvestigate a summary suit once decided, . . . . . . . . . . 723 || 1 Mar. , 49. 350 Disbursements for contingencies of vernacular schools require previous sanction of S. B. R. 734 20 April , 358 Prohibited from giving parties copies of their minutes and discussions, . . . . . . . . . . . . . . . . 755 | 11 Sept. , 3S4 Will receive appeals in dakhil kharij and settlement cases only on disputed points of law and practice,. * * * * * * * * * * * * * * * * * * * * * * * * * ~ e o e e s s = e < e < e < e < e < e < e º e º e e 772 5 Feb. , 50. 402 And not on points of fact except when there is no remedy in Civil Court, . . . . . . . . . . . . . . . ,, 5 y 3 J. 3 y BOMBAY. Memorial of certain inhabitants for a law to enable charities to hold lands, . . . . 781 | 19 Mar. , 42 | BOOKS for Wernacular Schools. See SCHOOLS. BOUNDARIES. In resumed Muhals, to be determined by Court passing final decree, . . . . . 473 | 16 Oct. ,38. 7 | Court will either decide summarily in execution of its decree, or direct institution of a new suit, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 9 3 3 J. 5 3 In Estates under settlement both disputed and undisputed boundaries to be laid down, .... 843 26 Dec. , 50. 512 Settlement officer may dispose of disputes or refer them to arbitration, J. J. 9 3 5 y 5 3 Sketch map of boundaries to be prepared shewing natural land-marks, 35 3 J 33 3 y If no matural land-marks, artificial ones to be raised, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3 J. 3 3 3 y BUILDINGS. See CUTCHERRIES and PUBLIC BUILDINGS. 7 BUKYA TOWJEES. For 1st quarter of each year with resolutions of Cs. R. to be sub- mitted to S. B. R. in all August., . . . . . . . . . . . . . . . . . . & e º e º e º ſº e º ºs & © e º 'º & a sº is tº e s tº º 747 | 17 July , 49. 379 |BUNDS. See EMBANKMENTS. - A BUSINESS. List of arrears to be furnished by Officers making over charge to their successors, and transmitted to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501 || 14 Aug. 39. 9 | Quarterly Return of Businesss of Cs. R. to S. B. R. enjoined by new Rules of Practice, ... 599 || 10 Aug. ,42. 178 Ditto of Business of Cols. to Cs. R. . . . . . . . . . . . . . . . . . ditto. . . . . . . . . ... ditto. . . . . . . . . » 5 5 ,, . 173 Ditto, . . . . . . . ditto. . . . . . . . . . . . new form prescribed, . . . . . . . . . . . . . . . . . . . . . . . . . . . 712 | 12 July 4S. 327 Same case not to be counted more than once from institution to decision, . . . . . . . . . . . . . . 3 3 3 J. J J 22 Letters of form and periodical statements to be excluded from Appendix, 33 3 2 3 J. Jy Quarterly Return of Business of Cs. R.—new form prescribed, . . . . . . . . . . . . . . . . . . . . . . 5 y 33 5 § 328 Of Cols.-Quarterly Return with resolutions of Cs. R. to be submitted for inspection of S. B. R... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 || 14 May 50 435 Of Cols. Revised forms of quarterly Return with instructions, . . . . . . . . . . . . . . . . . . . . . . . . 827 | 17 Sept. , 466 C. R. to submit all the Returns together with his remarks thereon,. . . . . . . . . . . . . . . . . . . . . , ” 3 3 2 3 99 Separate statements for summary suits and executions, and Resumption suits dispensed with, , 93 ,, . 467 wº. settlements are in progress a concise progress report to be annexed, . . . . . . . . . . . . . . . , 3 J. 3 y J. J. Monthly reports of work need not be required from Depy. Cols. . . . . . . . . . . . . 93 j 3 5 y J. P. Remarks on statements to be written by Head of office himself, . . . . . . . . . . . . . . . . . . . . . . 3 J. 35 95 39 Form of revised statement, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J3 3 5 ,, . 468 BUTWARRAH. Separate head in quarterly Towjees to be discontinued, . . . . . . . . . . . . . . . . . 487 || 23 April ,39. 79 Held to commence from date of Col's. proceeding ordering division,. . . . . . . . . . . . . . . . . . . 492 || 5 June ,, 83 From owhich date co-sharers are entitled to protection under Sec. 33, Reg. XIX, of 1814, , 3 º 3 y 5 p. 3 y y J 33 2 Estate being in balance, does not justify rejection of application for butwarrah, . . . . . . . . . . C X INDEX, t * CALCUTTA. * º t - t 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 8437 Date. Order for division to be recorded after publication of motice under Cl. 1 or 2, Sec. 4, Up to date of order, balances are recoverable by sale of entire Estate, . . . . . . . . . . . . . . . . . . Certificate that no anterior balance is due when butwarrah is reported for confirmation,. . . . JEstablishments under Act XI. of 1838, may be sanctioned by S. B. R. . . . . . . . . . . . . . . . Subject to confirmation of Govt. on half yearly reports or statements, . . . . . . . . . . . . . . . . . . Establishments with scale of remuneration may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . Quarterly Return to S. B. R. of establishments sanctioned by Cs. R. required by new Rules of Practice, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return to specify jumma of Estates to be partitioned, . . . . . . . . . . . . . . . . . . . . . . Preliminary report required from Col., to determine legality of Butwarrah, . . . . . . . . . . . . . . Rule and form of statement enjoined by C. O. 27 Jany. 1826, No. 378 recommended, . . . . Opinions required on modifications in the Law proposed by Mr. "Col. Forbes, . . . . . . . . . . . . In forwarding appeals to S. B. R. English Report to be submitted with native papers, ... Observations relative to realization of remuneration of Ameens,. . . . . . . . . . . . . . . . . . . . . . . Sharer applying for division to be required to pay only his share of expense, . . . . . . . . . . . . Reckoning from date when application is made,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If applicants voluntarily advance the whole expense they may be allowed to do so, . . . . . . . . When petition is presented, applicants to submit a list of proprietors with specification of their interests, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The jumma to be the criterion of rateable distribution of expense, . . . . . . . . . . . . . . . . . . . . Till above particulars are supplied, Col. not to act upon Sec. 4 of the Law, ... . . . . . . . Col. to verify the information from his records or otherwise, e e g tº º tº Probable expense to be estimated by all the means in his power, . . . . . . . . . . . . . . . . . . Col. to determine the amount and instalments to be realized from sharers, . . . . . . . . . . Notices to be served on proprietors informing them of application being made, . . . . . . . . . . And of their liability to pay their quota of the expense,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to specify 15 days, and in default share to be sold,. . . . . . . . . . . . . . . . . . . . . . . . . . If objection is made, Col. to enquire and decide, . . . . . . . . . . . . . . . . . . . . . . . . . . . . When sale becomes necessary, Col. to sell under 6th class in Sec. 5, Act I. of 1845, . . . . . . Part of remuneratian to Ameen to be withheld in event of fraud or meglect,. . . . . . . . . . . . As well as wages of the measuring party, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residents to be served with summary process through Sheriff, . . . . . . . . . . . . CARRIAGE. Opinions called for on best mode of supplying carriage for troops, . . . . . . . . . . CASH BALANCE. See TREASURY. CAZEES. When also Sale Commissioners, and consequently subject to two Authorities, not to be summoned by one without intimation to the other, . . . . . . . . . . . . . . . . . . . . . . . . . . . . CERTIFICATE Of execution of orders to be required from subordinates, . . . . . . . . . . . . . . Under A3t XX., of 1841 to be produced before payment of money of a deceased person to the person claiming to be his representative, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHARGES OF COLLECTIONS. Of khas Muhals, to be debited on bills passed by Cs. R. mot exceeding 10 per cent... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Under head in Treasury account of mofussil charges of khas Muhal collections, . . . . . . . . . . CHARITABLE INSTITUTIONS. Law to enable Institutions to hold lands and other pro- perty, prayed for by certain inhabitants of Bombay, . . . . . . . . . tº s & e s e s tº e º f tº e º e s = & Opinion of President in Council on the subject, . . . . . . . . . . . . . . . . . Memorandum of Sir Jamsetjee Jeejeebhoy on the subject,. . . . . . . CHIEFS. See INDEPENDENT CHIEFS. CHUPRASEES. Entitled to travelling allowances on same scale as Amlah, . . . . . . . . . . . . . . CHURS. See AL.LUWION. - . - CIRCUIT HOUSES. Executive officer to procure a certificate that glass windows are complete, CIRCULAR ORDERS. When issued by Cs. R. to be reported to S. B. R... . . . . . .a. Of Cs: R.—Revision directed, and analysis of standing orders called for, To enable S. B. R. to frame rules generally applicable,. . . . . . . . . . . . . . . . . . . . . . . . . . Issue of Circulars in future without previous sanction prohibited,. . . . . . Of Accountant—copies to be supplied to Cs. R. as well as Cols. . . . . . . e e º e º 'º e º ºs e e is e e º e No. 490 599 729 siz 5 June , 39. 5 3 15 July 10 Aug. 10 Mar. 11 Nov. 27 Sept. 14 Sept. 6 Dec. 5 y 5 5 33 12 Aug. 20 July 13 Sept. 16 Jan. 17 Aug. 11 May 3 3 19 Mar. 3 5. 3 5. 26 May 29 May 10 Aug. 15 Mar. 5 3. 6 Aug. Page. 83 84 1.3 1}s 188 236 334 384 506 190 82 173 354 355 459 2 ) INDEX. xi J J 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843 List of Circulars omitted from this volume, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CIVIL BUILDINGS. See CUTCHERRIES and PUBLIC BUILDINGS. CIVIL COURT. Decisions adverse to Govt. passed by Civil Courts to be reported by Cs. R. To direct alterations to be made in Mutation Registers,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May allow decree holding purchasers of Estates to grant receipts in payment of claim, . . . . When returns to references under Reg. II. of 1813 cannot be made within 6 weeks, Cs. R. to explain cause of delay, . . . . . . . . . . . . . . . . . . . . . . CIVIL PROCESS. Parties attending Criminal Courts protected from arrest, .. * º O tº dº º e º e Also parties attending any Court of justice, . . . . . . CIVIL SUITS. See SUITS and HOLIDAYS. COIN. See COPPER, COIN, PICE, &c. Y •) 2 COLLECTORATE. Charge to be taken by Magistrate or Joint Magistrate during Col's. absence if no Covenanted Assistant or Deputy is present, . . . . . . . . . . . . . . . . . . . e. If no Magistrate, Depy. Col. may take charge with sanction of C. R. . . . . . . . . . . . . . . . . . . Responsibility of charge will rest in such case with Dep. Col. . . . . . . . . Officer receiving charge to report on state of records, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility of officer permitting disorder to ensue, for expense of re-adjustment, . . . . . . As well as of officer failing to make timely report, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ©, e s s e Arrangement for performance of current duties during Col’s. absence in interior to be reported, Report to specify date of arrangement taking effect, . . . . . . . . . & Established practices not to be altered by new Officers without sanction of C. R. If a practice is disapproved report with reasons to be submitted to C. R... . . . . . . . . . . . . . . Who will preserve uniformity of proceeding in subordinate offices, . . . . . . . . . . . . . . . . . . When C. R. deems any change generally desirable he is to report to S. B. R. . . . . . . . . . . . COLLECTORS OF REVENUE. To forward duplicate Towjees to Cs. R. . . . . . . . . Not to employ Treasurers on their private business, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To test reports of payments of balance made to avert sale,. . . . . . . . . . . . . . . . . . . . . . Responsible for credit given to defaulters on false representation, . . . . . . . . . . . . . . . . . . . . . . Not to permit consolidation of Muhals borne separately on Towjee without authority, . Except where they may have originally formed parts of one Estate,.... . . . . . . . . . . . . . . . . Not to alter Mutation Register on unexecuted decrees, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But to await order from Civil Court in course of execution of decree, . . . . . . . . . . . . . . . . . . Not competent to transfer duty of holding sales to Assistants without sanction of Cs. R. .. Responsible for appropriation of sale proceeds pending appéal, . . . . . . . . . . . . . . . . . . . . . . . . To take engagements for recovery of Zemindar's share of expense of sluices in embankments, To pay attention to robokarees of Principal Sudder Ameens, . . . . . . . . . . . . . . . . . . To report proceedings to Cs. R. when, decision is against assessment, . . . . . . . . . . . . . . . . . . To protect interests of wards in resumption suits, . . . . . . . . . . . . . . . . . . . . . . Repºrting circumstances of case through Cs. R. to Court of Wards, . . . . . . . . . . . . . . . . . . To determine number of persons to be employed in sale of distrained property, . . . . . . . . . . To record amount of ijmalee balances of Estates under butwarrah, . . . . . . . . . . . . . . . . . . . . . To certify that no anterior balance is due when reporting butwarrahs for confirmation, .... Responsibility for neglect to examine cash balance when receiving charge, . . . . . . . . . . . . . . Not to engage for construction of bunds without communication swith Superintending Engi- meer and sanction of Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to pay pensions to any other party than the grantee or his agent, . . . . . . . . . . . . . . . . and defendants in suits before Cols. & e tº e e º 'º º > & £ tº º is e tº g º º tº tº tº e e jº Not to fix for sale days the days when the Courts are closed, . . . . . . . tº e º e ºs e º e o e º s e o e s e To provide for police of khas Muhals,... . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * e s tº e º e º e e To report transfers of charge of Treasuries for publication in Gazette, . . . . . . . . . . . . . . . . . . May revise or alter decisions of Dep. Cols. in summary suits, . . . . . . . . . . . . . . . . . . . . . . . . But power of revision should be jsed very sparingly, . . . . . . . . . . . . . . . . . . Entitled to a single-poled tent for travelling in interior (a) 350 Rs. . . . . . . . . . . . . . . . . . . . . Not to pay surplus proceeds of revenue sales on requisition of Courts while sale is contested, But to refer Courts to Secs. 22 and 27, Reg., XI. of 1822, . . . . . . . . . . . . . . . . . . . . . . . . . . Not allowed to evade their proper responsibilities,. . . . . . No. No 5 461 464 484 688 472 482 486 Date. Appendix. g. , 38. 2l , , 13 Mar. , 39 9 July 1 April 18 May ,40. ,42. 21 Jan. ,41. 10 Feb. 43. 29 Mar. 48. 10 April , 49. 13 Aug. , 50. 3 2 33 53 9 Jan. ,38. 29 May , 12 June ,, 5 y 21 Aug. , 5 5 3 3 3 3 5 5 J 3. 5 y 3 3 3 J. 16 Oct. , 8 Jam. ;35. 17 April , 15 May . 5 June ,, 17 July , 10 Sept. , 25 y 3 3 5 19 Nov. ,, 29 Jan. ,40. 18 Feb 2 3 28 Aug. , 21 Oct. 4 Jan. ,41. 13 3 3 j ,47. &l, ſº e. |xxxviii 56 f; I 77 284 | 10 167 xii - INDEX. Gy Q, 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. No. Date, Page, To apply to Court for instructions respecting disposal of surplus proceeds of decree sales,... 562 21 April 41. 139 Retaining the amount in deposit in the mean time, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not competent to move the Civil Court to decide cases of disputed succession under Reg. W. • of 1799,. . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 || 1 May The fact of succession to possession the only point for consideration, . . . . . . . . . . . sº ..To have ready boxes of seasoned wood for packing treasure,. . . . . . 9 3 5 y 3 J. 3 5 ká 1 575 28 July ,, . 146 Prohibited from deducting arrears of Estates sold in execution of decrees from sale price, . . . 577 | 20 Sept. , 147 To cause it to be understood that purchaser succeeds to liabilities of former proprietors, 53 3 5 3.5 3 3 To obtain sanction of Govt. before making over charge of Treasury to a Depy. Col. . . . . . . 581 24 Nov. ,, 151 Not absolved by such transfer from general responsibility, 9 3 5 y 5 5 9 3 Not bound as a matter of course to receive appeals from summary decisions of Dep. Cols. . . . . . . . . . . . . . . . º e s e e s • * * * ~ e s - e. e. e. e. e. e. e. e. e = e e s • e a“. . . . . 6'> a • e • * • * * * * * * * * * * * 592 || 29 April, 42. 160 May call for and revise cases on presentation of petitions, . . . • - - - - - - - - - - - - - - - - - - || 93 5 5 ,, . 161 Being guided as to revisions by the degree of confidence in Dep. Col. . . . . . . . . . . . . . . . To submit Towjees to C. R. in duplicate, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And office copies of certain annual Returns made to the Accountant, . . . . . ... I 594 | 11 May . 162 sº e º is tº e º is e e º 'º º 55 5 3. 5 5 3 y Powers conferred by new Rules of Practice—May confirm temporary settlements with jummas not exceeding 200 Rs. . . . . . . . . . . . . . . . . . . . . tº tº e s e s e s s e e º e s tº . . . . . . . Art. VII. 599 || 10 Aug. , | 73 Subject to appeal to Cs. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 5 5 2 x | 3: Submitting to Cs. R. and Accountant statement of settlements confirmed, . . . . $ 2 5 3. 3 3 35 May annul leases or temporary settlements on default of farmers or proprietors when jumma is less than 200 Rs. . . . . . . . . . . . . . . . . . . . . . . . • ‘º & © tº e º te º 'º e º e º dº º nº e º e º º º is is Art. VIII. ,, 5 5 ,, . 174 Subject to revision by Cs, R. but without report, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intimating proceedings regularly to Accountant,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . If jumma exceeds 200 Rs. report to be made to Cs. R... . . . . . . . . . . . . . . . . . . . . . . . . . . May compromise suits if within their legal competence, . . . . . . . . . . . . . Art. XX. 176 To attend office regularly and enforce the same on the part of Assistants, . . . . . tº e * 179 5 5 9 3 3 3 To retain in their own hands general Superintendence in every department,. . . . . . . . . . . . . . 5 3 5 3 55 3 y Prescribing principles for guidance of subordinates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 53 95 3 3 And placing just confidence in Junior Officers, . . . . . . . . . . . . . . . . . . 3 y 9 3 5 3 * 3 5 Need not revise all the orders of Assistants, . . . . . • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - || 33 J. J. 5 3 y Instruction by personal conference preferable to revision during absence,. . . . . . . . . . . . . . . . . , 5 § º | 180 To assign to Assistants particular tracts or charges, . . . . . . . . . . . . . . . . . . . . . . & 5 y 5 y 3 5 33 Holding them responsible for careful performance of their duties, .... © 3 3 3 y To require Assistants to take notes of matters before passing orders, .. tº 3 y 5 3 3 J 35 To encourage Assistants to have recourse to them in cases of doubt, . . . . . . . . . . . . . . . . . . 33 3 3 . 5 3. 5 5. At first, may call for and examine cases decided by Assistant, . . . . . . 5 5. 3 5 3 y 3 J. But as Assistant gains experience, minute surveillance may be abandoned, . . . . . . . . . . . . . 3 y 5 5 35 May empower Dep. Col. to hold sales for arrears of revenue in urgent cases, . . . . . . . . . . . . 605 || 9 Nov. ,, 184 Reporting immediately for confirmation of Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May try summary suits at all-times when office is open, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Using a discretion in regard to dismissal for non-attendance when Civil Courts are closed, .. $ 3. Responsible for expense attending arrangement of records allowed to fall into disorder, . . . . . 610 | 10 Feb. , 43. 187 To report amount of cash in Treasury on making over charge, . . . . . . . . . . . . . . . . . . . . . . . . . 623 || 2 ,, ,44. 195 Not to be allowed leave when sale days occur, or important business is to be done, ...... 628 9 May , | 199 May receive deposit of Company’s paper as security for payment of revenue, . . . . . . . . . . . . 631 | 16 July , , 201 At any time before"sunset of fixed date, from parties not proprietors, 607 14 Dec. ..., | 185 Care being taken that consideration shewn to parties is not abused,. . . . . . . . . . . . . . . . . . . . º º Responsible for loss arising from neglect of rules for supplying troops, . . . . . . . . . . . . . . . . 632 10 Sept. , 202 Responsible for neglect in observing form of bonds for farmers and their sureties prescribed d by C. O. 17 June, 1834, . . . . . . . . tº e º 'º e º e º e º e º 'º • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635 | 17 Dec. , 203 To determine in communication with Cs. R. the location of vernacular schools, . . . . . . . . . . . 636 28 Jan. ,45. 204 To visit vernacular schools at least once a year,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 9 3 ,, . 207 Reporting on them through Cs. R. and S. B. R. to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 5 5 5 5. 3 J. To call for Returns from masters of number of boys in attendance and progress, 5 y 5 5 **3 2 3 e & © tº dº ſº • . . . . . . . . . 93. » . . . And to see that they are kept and forwarded with punctuality, A INDEX. xiii * } J - X 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 768; 1850 to 843. No. |Date. Ł age, To furnish a preliminary report before admitting a butwarrah, in order to determine the -- - – point of legality, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65+ | 11 Nov. ,45. 236 To institute no new suits for alluvion with reference to draft Act on the subject, . . . . . . . . . 656 || 2 Jan. ,46. 240 Proceedings in pending cases being stayed except when ripe for decision, .... . . . . . . . . . . . 3 5 3 3 2 3 3 * To appoint masters to the vernacular schools, .................................... 660 9 Mar. , 243 Subject to approval and confirmation of Cs." R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 5 5 3 5 y To sign and forward for audit bills for salaries of masters, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y ,, . 24'4 To institute no new suits for lakhiraj without previous sanction of S. B. R. . . . . . . . . . . . . . 602 || 24 Mar. , 245 To remit to Book Agent proceeds of books sold to pupils of vernacular schools,... . . . . . . . . 007 || 30 May , 218 To apply for withdrawal of attachments of portions of Estates under Sec. 26, Reg. W. of 1812, 673 || 3 Aug. , |25 | When acting as executive officer of Civil Court, to address Court by letter instead of pro- ceeding, e - e º e e e s e e s e s e s tº e e s e e s e a e e e • - - -,- - - - -2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 3 3 5 3 3 5 3 To forward Periodical Accounts to Accountant in time to enable him to submit them by cer. | tain dates, ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "7"|28 Sept. 256 Responsible for facts in pleadings connected with Govt. suits, . . . . . . . . e. . . . . . . . . . . . . . . 686 29 May ,47. 283 To submit their own draft if that furnished by Govt. Pleader is not approved, tº e º e s e º 'º e 5 5 3 5. 5 y 5 5 To exercise surveillance over realizations of unexecuted decrees of Court, ... . . . . . . . . . . . 689| 21 July 2, 286 Submitting quarterly Returns to R. L. A. . . . . . . . . . . . . e e Q e e s e o e º e º 'º • * * * * - - - - - - - 22 5 3 655 30 Sept. . . 259 To register fall of rain, or, in case of absence, the head clerk, ... . . . . . . . . . . . . . . . . . . . . . . 701 || 23 Feb. ,48. 302 To acknowledge receipt of Sheriff's letter attaching money in their hands, . . . . . . . . . . . . . . And immediately to communicate with Solicitor to E. I. Co. on the subject, . . . . . . . . . . . . . .” 3 3 5 y 5 y Explaining mature of transaction and reasons for declining to pay, . . . . . . . . . . . . . . . . . . . . . .” 5 5 5 y 5 y After receipt of notice money not be paid without proper authority,. . . . . . . . . . . . . . . . . . . . . .” 3 3 ,, . 303 Otherwise personal responsibility will be incurred, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 3 5 3 3 3 5 To obtain through Govt. Pleader authenticated copies of Court's orders appealed from, on stamped paper, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703 || 9 Mar. ,, 310 Responsibility attaching to delay in obtaining copies,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 3 3 3 3 To apply for sanction of Cs. R. when desirous of proceeding to the interior, . . . . . . . . . . . . 705 || 29 ,, ,, 315 Reporting proposed arrangements for charge of Treasury and discharge of current duties, . . .” 3 * 33 3 3 When remitting treasure to satisfy themselves by inspection of contents of boxes, . . . . . . . . 719 29 Dec. ,, 347 When receiving treasure to weigh contents of boxes or bags, . . . . . . . . . . . . . . . . . 3 y 5 3 5 * 3 y May appoint a Vakeel temporarily to conduct Govt. Suits, . . . . . . . . . . . . . . . . . . . . . . . . . . 730 27 Jan. ,49. 348 When the incumbent is disqualified by interest in the suit or connection with the parties, . . . .” 5 y 3 5 5 y Giving notice of arrangement to R. L. A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 5 5 3 3 5 Not competent to review their own judgment in summary suits, ... . . . . . . . . . . . . . . . . . . . . . 723 || 1 Mar. ,, 350 Not to adopt new lithographed forms without sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . Z31 10 April ,, 356 To be present to receive tenders on last date of payment, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 737 l l May , || 360 If not practicable, Assistant or a Depy. Col. to attend,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * 3 > 3 > 3 > 5 3 . . . . . . . . 744 13 July ,, 373 May institute a pro formā appeal in GOt. suits when only 4 days remain, . Responsible for loss resulting from lapse of period of appeal, e e s e e º 'º e º e s = * * To obtain sanction of Cs. R. before imposing fines under Act XX of 1848, . . . . . . . . . . . . 3. y 5 3. 3. 3. 5 5 7 S 2 7 3 7 9 To report fine on same day instead of allowing it to accumulate, . . . .'; . . . . . . . . . . . . . . . . .” 3 3 To require certificate under Act XX. of 1841 before paying money of deceased persons, 732 17 Aug. ..., | 382 To hoid sales for abkaree arrears on requisition from that Department, . . . . . . . . . . . . . . . . 733 || 7 Sept. 2, $ 3 To submit to Cs. R. quarterly instead of monthly hal Towjees, . . . . . . . . . . . ... . . . . . . 771 21 Jan. , 50. 399 To revise deposit accounts with aid of Assistants, carrying items to proper heads, . . . . . . . . . 775 15 Feb. , | 406 To instruct Assistants as to the best mode of proceeding in such cases, . . . . . . . . . . . . . . . . 3 3 M 3 5 5 : 5 y Submitting monthly reports of progress to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 9 3 3.5 3 3 Intportance of duty of training Assistants less than 3 years out of college, . . . . . . . . . . . . . . .” y 3 ,, . 407 Cautioned against employing Depy. Cols, on trivial duties such as searching for petty Muhals, 789 || 14 May 2, 435 Responsible for waste of time of subordinates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 5 y 5 3 33 To use their discretion in exempting lots from sale for arrears,. . . . . . . . . . . . . . . . . . . . . . . . 794 | 28 ,, ,, . 4.38 When arrear has been realized by’sale of previous lots of same proprietor, e e s c e º e º 'º e º & 3 5 5 5 ” To keep a Register of cases decreed with costs and damages in favour of Govt. . . . . . . . . . . . 806 || 8 July ,, 450 Sending transcripts monthly to R. L. A. for his Register,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” - 3 3 3 y º Expected to visit vernacular schools, . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . " ' ' ' ' ' ' ' ' ' ' 807 3 3 ,, 45 l D xiv. - INDEX. & Q} 1837 to No. 419 ; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. No. Date. Page. Personally to examine cash balance in Treasury, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814 || 2 Aug. 50. 435 And to certify the same to the office of account,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 5 3 ,, . 456 When unable, cause of inablity to be stated in a foot-mote, . . . . . . . . . . . . . . . . . . . . . . . . . . . » 33 3 3 3 3 In which case party performing the duty to sign the certificate, . . . . . 5 3 3 3 3 5 • . . . . . . . . . . . . . . . . 90 Responsibility when acting under Court of Wards, as ‘involved in a decision of Sudder Court, 815 || 6 Aug. , 457 Prohibited from altering practice of predecessors without sanction, . . . . . . . . . . . . . . . . . . . . . 821 | 13 . . ,, . 461 To license copyists to make copies of papers for applicants, . . . . . . . . . . . . . . . . . . . . . . . . . . . 839 || 6 Dec. , | 505 To verify particulars received from applicants for butwarrah,. . . . . . . . . . . . . . . . . . . . . . . . . . . 840 3 J. ,, . 508 To determine amount of instalments realizable from proprietors, . . . . . . . . . . . . . . . . . . . . . . 5 y 5 y To execute petty repairs of buildings not on list of Department of Public Works, . . . . . . . . 8+1 || 13 , ,, . 509 To receive petitions daily whenever presented,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 842 27 , 5 5 9 3 May impose fines of their own authority and levy them as an arrear of revenue,. . . . . . . . . . . 843 26 . ,, . 5 ll But not competent to make requisitions in cases in which the power was not before possessed, , 3 3 3 3 To instruct a sufficient number of Ameens in mensuration, . . . . . . . . . . . . . . . . . . . . . . . . . . . , w) 3 ,, 5 14 May delegate to Depy. Cols. authority to hold, sales under Act VIII. of 1835, . . . . . . . . . . No 2 | Precedent. 575 Not competent to cancel any lease except for default, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 4 3 J. 576 To adjust remittance outturns in communication with Accountant and Mint Master, . . . . . . . , 5 5 3 9 3 To exercise power of exemption when receipt is presented for revenue paid into another Treasury, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COLVILE §If J. W.—ADVOCATE GENERAL). His opinion on obligation of Govt. officers to produce public records under subpoena of Supreme Court, . . . . . . . . . . . . . . . . 770 21 Jan. , 50. 399 COMMERCIAL TRANSACTIONS. Not permitted to Depy. Cols., Treasurers, and others, in the District in which they are employed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COMMISSION To Commissioners for sale of distrained property. See COMMISSIONERS UN DER, ACT I. OF 1839, COMMISSIONERS UNDER ACT I. OF 1839. See also DISTRAINT and DISTRAINED PROPERTY. - Appointment rests with Col. subject to sanction of Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . 489 || 15 May 39. 81 ,, 9 3 5 578 596 || 25 May , 42. 167 Selection from Pergunnah Cazees of good repute, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 3 3 5. 5 3 Graduated scale of remumeration for services, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 35 5 y 3,” Not to relieve Zemindars of their duties in cases of distraint, . . . . . . . . . . . . . . . . . . . . . . . . 664 || 3 April ,46. 246 Applications for sale of stamped paper not necessary, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680 | 19 Feb. 47. 273 Peons' tulubama for fixing notices under Sec. 5, Reg. XXXV. of 1795 not chargeable to defaulter, tº º ºs º gº tº tº e º e º e º e º 'º e o e º 'º e º e e 5 3 5 3 3 5 9 3 Commission allowed by Sec. 2, Act I. of 1839 to cover all expenses, . . . . . . . . . . . . . . . . . . COMMISSIONERS OF REVENUE. Competent to dispose of cases under Secs. 6 and 9, Reg. XIX. of 1793, without reference to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 22 Sept: ,37. 6 May confirm ryotwar settlements not exceeding 20 years, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 27 Oct. , 5 y Also temporary settlements and farms when maliks are recusant, not exceeding Q years 5 3 33 3 3 5 3 Also ordinary temporary settlements 1) Ot exceeding 20 years, and preparatory t. s... . . . . . . 5 5 5, 2 » . 7 Orders confirming settlements subject to special appeal to S. B. R. . . . . . . . . . . . . . . . . . . . 35 3 3 5 3 5 5 Or to special reference at instance of settling officer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To furnish S. B. R. with quarterly Returns in duplicate of settlements and farms confirmed, ,, 3 y 53 3 3 Competent to confirm settlements in perpetuity of invalid jaghires, . . . . . . . . . . . . . . . . . . . . . 4 19 22 Dec. , 13 Uncovemanted Assistants not to sign letters on their behalf, . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 | 16 Jan. ,38. 19 But only to authenticate copies and frank letters on public service, . . . . . . . . . . . . . . . . . . . . 5 3 5.3 J 3 2 3 To record resolutions, on Col.’s duplicate Towjees, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 || 9 |, 5 5 3 5 One copy to be returned to Col., the other forwarded to S. B. R. . . . . . . . . . . . . . . . . . . . . . 3 5 2 3 5 * 5 5 To transmit resolutions of S. B. R. thereon to Col. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 33 33 3 3 To enforce realization of Govt. revenue as it falls due, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 } } 5 5 5 5 To report death or absence of Depy. Cols. to Civil Auditor, . . . . . . . . . . . . . . . . . . . . . . . . . . . 435 | 20 Feb. , 28 To bring to notice omission of S. B. R., to return original documents, s. . . . 440 27 Mar. , 32 When salary is limited to 35,000 Rs., to draw travelling allowance of 250 Rs. during actual absence, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 29 May , 39 Allowance intended to encourage frequent tours, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 } % 5 y 4 1 To be reckoned by the day and drawn by Officer actually in charge, . . . . . . . . . . . . . . . . . . . , 35 3 J 3 3 2 INDEX. XV D - J J 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 60ſ, 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to gia. No. Date. Page To forward to S. B. R. statement of grounds of appeal in resumption suits, .... 454 | 16 June ,, 46 To satisfy S. B. R. that debts for which a minor’s Estate is to be sold, are not otherwise realizable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 || 3 July ,38. 46 ..To notice in operation Reports the merits of their subordinates, . . . . . . . . . . . . . . . . . . . . . . . 456 * tº º 3 3 *3 y A7 To report without delay decisions against Govt. in Zillah Courts,' .................... 461 || 6 Aug. , 56 To be satisfied of judgment of Assistants proposed to hold sales, ...... . . . . . . . . . . . . . . . . 465 21 , ,, 62 To intimate appeals against revenue sales to Cols. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466 3 3 $, To pay attention to roobokarees of Principal Sudder Ameens, ... . . . . . . . . . . . . . . . . . . . . . . . 474 | 16 Oct. , 72 Rule of Practice modified.—May make references to Govt. direct if S. B. R. decline, . . . . . 496 || 17 July ,39. 85 May revise at discretion sales held on holidays, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 | 19 Nov. 2, 99 To report to S. B. R. when Col. is authorized to make over charge of Treasury to a subordinate, 514 | 15 Jan. ,40. 101 May exercise powers conferred on S. B. R. by Act XX. of 1836, ... . . . . . . . . . . . . . . . . . . 518 26 Feb. , ; 103 Former orders modified.--In lieu of quarterly Towjees, Abstract statement shewing general results to be submitted to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 25 , , , | 104 To record resolutions on Cols. explanations of balances, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 3 y 35 105 Watching over the collections an important branch of duty, ... . . . . . . . . . . . . . . . . . . . . . . . . ,, 33 53 3 y Not competent to order reinvestigation of resumption suits under Cl. 4, Sec. 4, Reg. III. | of 1828, • * * * * * * * * * * * * * * * * * * * * * * e < e s e s s a e = e e tº e e a tº e e º 'º e e s is e º e e s ∈ e s a we e º s ºs e e s e 522 29 3 3 5 3 108 But may prefer appeal to Sp. Com. within one year,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 5 ,, . 109 May call upon Sp. Depy. Col. for information with a view to appeal, . . . . . . & º ºs e º we ſº gº tº tº e ºs 5 5 5 3 9 3 3 y May exempt from assessment, lands not exceeding 10 beegahs devoted to religious purposes, 523 14 Mar. , 5 y To add days on which Court is closed to period of appeal in revenue sales, . . . . . . . . . . . . . . 536 || 5 Aug. , | | 5 Not allowed to evade their own responsibilities, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554 13 Jan. 41. 132 To forward reports of Cols, with a brief commentary, . . . . . . . . . . . . . . . . . . . . . . . vº e e º ºs e = 3 3 5 y ,, . 133 Embodying substance of intermediate correspondence in their own report, . . . . . . . . . . . . . . . ,, 5 3 3 5 5 5 May sanction adjustment of deficiency and excess in treasure remittances, . . . . . . . . . . . . . . 568 || 9 June , 142 May sanction disbursements of sums transferred from deposit to profit and loss under Revenue Accountant’s Circular of 18th Aug. 1832, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569 || 2 , , 3 3 ] 43 When parties claiming are clearly entitled thereto,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 5 3 9 3 3 y ..To determine whether alluvial increments to estates shall be leased or permanently settled, 573 || 10 July 9, 145 May sanction expenses of Treasure remittances,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580 | 10 Nov. ..., | 151 Tö confirm revised jummas of estates held khas on exclusion of conjectural demands, . . . . . .386 9 Feb. , 42. 157 Authorized to write off uncollected khas balances under C. O. 9th Feb. 1842, No. 4, . . . . 590 30 April , 160 Detailed explanātions need not be given by Cols. unless specially required, . . . . . . . . . . . . . . . , 5 3. 5 5 5 3 To record resolutions on Col.’s Towjees and Annual Returhs, forwarding copy to S. B. R... 594 || 1 May , 162 When on their tours, to see that the training of junior Assistants is carried out,. . . . . . . . . . 599 10 Aug. , , l 73 Powers conferred by new Rules of Practice.—May exercise authority of S. B. R. . . Art. I. , 5 5 3 3 5 5. Need not submit English reports on proceedings forwarded to S. B. R. unless called J for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. 111 | y, 3 J. 3 3 5 2. To report to S. B. R. deficiencies in Treasuries, and Circular Orders issued, ... . . . Art. W. ,, y 3 35 3 y May confirm all temporary settlements with jummas above 200 Rs. . . . . . . . . . . Art. VIII, , 5 5 ,, . 174 Subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 y 53 35 Transmitting statements of settlements confirmed to Accountant,. . . . . . . . . . . . . . . . . . . . . . . . 5 y 2 3 35 May confirm all permanent settlements subject to appeal or revision without appeal, Art. X. , 5 5 3 y 33 Forwarding statements of confirmations to Accountant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 3 × 3 5 5 5 Orders of revision not to be carried into effect till expiration of year, . . . . . . . ... Art. XII. , 3 3. 3 9 2 3 Unless decrease of jumma is involved or it be otherwise proper, . . . . . . . . . . . . . . . . . . . . . . .' 5 y 53 5 3 May sanction remission of balances, in estates held khas, . . . . . . . . . . . . . . . . . . . . Art. XV. , 3 3 5 5 175 Also nominal balances, being difference between rental and Towjee jumma, . . . . . . . . . . . . . . . » 35 5 5 3 5. Proceedings being reported to Accountant,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ; ; ; ; ; 35 3 3 3 y 3 2 May sanction payment of malikana to disseised proprietors,. . . . . . . . . . . . . . . . Art. XVIII. , 3 j 3 y 176 Within limit of 10 per cent, reporting periodically to S. B. R. . . . . . . . . . . . . . . . . . . ...: ' , 5 5 3 5 5 3 To exercise powers of Court of Wards in wards' estates, . . . . . . . . . . . . . . . . . . . . Art. XIX. , 3 3 5 § 92 But investment of money in any manner except Govt. securities requires report to S. B. R. , 33 35 35 To report to S. B. R. for orders when suits should be compromised, . . . . . . . . . . Art. XX. , y 3 5 3 9 3 Also if the party should be allowed to prosecute his claim, . . . . . . . . . . . . . . . . . . Art. XXI, , 5 5 } } J D O xvi INDEX. © º O 1837 to No. 419, 1838 to 401; 1839 to 518; 1840 to 552; 1841 to 563; 1842 to 608;1843to 620; 1844 to 635; this to 655; 1846 to 678; 1847 to 698; 1848 to 719, 1849 to 768; 1850 to 843. - - No. Date. Page. Have powers of S. B. R. in original suits and appeals in Zillah Courts, . . . . . . Art. XXII. 599 || 10 Aug. , 42. 176 But appeals to Sudder Court require to be sanctioned and conducted by S. B. R. . . . . . . . . , 5 5 5 3 5 y May sanction contingent charges up to 500 Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XXVI. , 5 3 3 3 5 3 May adjust irrecoverable advances of diet allowance to defaulters.. . . . . . . . . . Art. XXVIII. , 35 5 3 3 O May not authorize Tuccavee advances without sanction of S. B. R. . . . . . . . . . . Art. XXIX. ,, 3 5 3 x 3 3 May sanction temporary establishments for measurement previous to settlement, Art. XXXI. , 3 3 3 3 178 May sanction establishments for partition of Estates, . . . . . . . . . . . . . . . . . . . . Art. XXXII. , , 5 3 3 5 5 y Furnishing periodical statements for sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 3 3 y 5 5 To submit certain periodical Returns to S. B. R. . . . . . . . . . . . . . . . . . . . . . . Arf. XXXIII. ,, 3 3 3 y 3 5 To see that Cols, require regular attendance from Assistants, . . . . . . . . . . e e s • * * * * * * * * * * | 33 5 5 ,, . 179 To prescribe general rules for guidance of Cols. in conducting business, . . . . . . . . . . . . . . . . . ,, 5 3 3 3 3 y Rule for submitting to S. B. R. copy of resolutions on Col.’s Towjees dispensed with, .... 603 || 14 Sept. , | 183 To forward to Sp. Com. papers of resumption suits appealed, . . . . . . . . . . . . . . . . . . . . . . . . 621 | 9 Jan. ,44. 194 With a proceeding containing grounds of reference, . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * 3 3 50 5 3 5 5 Intimating the same to S. B. R., who will have pleadings filed,. . . . . . . . . . . . . . . . . . . . . . . . 3 3 5 5 3 y 5 5 And sending at the same time a stamped paper of 1 Rupee, . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 3 3 3 5 3 Not authorized to grant leave of absence for any period to Depy. Cols. . . . . . . . . . . . . . . . . . 624 6 Mar. , | 196 Not competent to admit appeals in summary sales under Sec. 15, Reg. VII. of 1799, . . . . . 625 || 8 , , 3 3 5 3 Except on ground of irrelevancy of the Regulation, . . . . . • * * * * * * * * * * * * * * e s a 5 3 5 5 3 3 5 5 But may receive appeals in sales under Sec. 25 on whatever ground, . . . . . . . . . . . . . . . . . . . ,, 3 * 3 3 Not to recommend leave to Col. when sale days occur or important business is to be done, 628 || 9 May , 199 To see that consideration shewn to parties is not abused, when Govt. promissory notes are received as security for payment of arrears, . . . . . . . . . . . . º 631 | 16 July , | 201 Or allowed to interfere with punctual realization of the revenue, . . . . . . . . . . . . . . . . . . . . . . 3 y $ 5 3 5 May sanction refunds rendered necessary in consequence of their own orders, . . . . . . . . . . . 634 30 Oct. , , 202 To determine in communication with Col. the location of vernacular schools, . . . . . . . . . . . . 630 | 28 Jan. ,45. 204 To visit vernacular schools on periodical tours or as often as may be, . . . . . . . . . . . . . . . . . . 3 5 5 3 5 3 207 To confirm nominations by Cols. of masters of vernacular schools, . . . . . . . . . . . . . . . . . . . . 660 9 Mar. ,46. 243 To determine grade and salary of each master, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 53 ,, . 244 To inspect lakhiraj files of Cols. personally, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662 24 , ,, . 245 Putting a stop to proceedings where no primâ facie right to assess exists, . . . . . . . . . . . . . . 3 5 3 J 3 3 3 x To submit report and p?aint to R. L. A. when an action is brought in Zillah Court against O Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 686 29 May 47. 281 If action should be defended, to forward in addition a draft of pleading with abstract of plaint, ,, • , 3 3 3 3 In suits on the part of Govt. a report and draft of pleading to be sent, . . . . . . . . . . . . . . . . 3 J 3 3 3 3 5 3 In decisions against Govt. report to R. L. A., with copy of decree and opinion,. . . . . . . . . . 95 35 3 5 3, 2 In decisions in favour of Govt. appealed by opposite party, appeal to be reported with copy of Court’s proceeding and of proposed reply, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 3 J. 5 5 When decision in favour of Govt. is reversed by local Appellate Court, merits of case to be reported with copy of decree in appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , > x > y 5 3 To advise with R. L. A. during progress of suit or appeal, . . . . . tº e º ºs e e º º e º ºs e e º e º e º e e 5 5 3 5 ... ? 232 May lodge an appeal in Zillah Court if time for appeal be short,. . . . . . . . . . . . . . . . . . . . . . 3 3 y 3 3 3 3 y The appeal being withdrawn if determined not to be preferred, . . . . . . . . . . . . . . . . . . . . . . 33 33 3 y 33 To report to R. L. A. when a suit is decided against Govt. by the Judge or Principal Sudder Ameen,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 33 5 y 5 § Submitting copy of decree and draft of appeal to Sudder Court, . . . . . . . . . . . . . . . . . . . . . . . ,, 3 3 5 3 , 3.3 To report on requisition of R. L. A. on cases appealed by opposite party to the Sudder Court, ,, 5 5 » , To explain delay when returns to Civil Court’s references under Reg. II. of 1814, cannot be made in 6 weeks,. . . . . . . . . º - 688 || 9 July ,, 284 To determine in what cases a percentage should be awarded to Govt. Pleader and Nazir in realizations of unexecuted decrees, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 689 |21 *, 3 5 287 To indent for pluviometers, and to prescribe form of register, . . . . . . . . . . . . . . . . . . . . . . . 695 || 30 Sept. , 299 To report arrangements for charge of Treasury when a Col. proceeds to the interior, . .* ... 705 29 Mar. ,48. 315 To appeal if necessary against Col.’s decision releasing lands as not included in resumption decree, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 714 || 9 Sept. ,, , 331 Not competent to order Col. to reinvestigate a summary suit once decided; . . . . . . . . . . . . 723 1 Mar. , 49. 350 Not to issue circulars in future without sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . 729 | 15 ,, ,, . 355 INDEX. xvii J - - ſº J … t 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 68: 1843 to 620; 1844 to 635; 1945 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 763; 1850 to 813 & e No. Date. Page To specify date of taking effect of aprangements in consequence of Col.’s absence, ... . . . . . . Tºš0 10 April 49. 355 Not to adopt new lithographed forms without sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . 731 v. 356 Have power to suspend revenue, but not beyond current year, ... . . . . . . . . . . . . . . . . . . 743 29 June . 373 "And only in single Estates, not over a tract of country without sanction of S. B. R. . . . . . . 33 º •) / O Suspension to be reported for information of Govt. . . . . . . . . . . . . . . . . . . . . . . . e e - e º e º 'º e 3 y 3 2 3 3 _3 3 To exclude Law Suits from quarterly Index of Correspondence, . . . . . . . . . . . . . . . . . . . . . . 746 17 Jüy y 3 3% May give Survey-Officers with powers under Reg. VII. of 1822, a general authority to pro- ” . ceed under Cl. 1, Sec. 19, . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................... 749 27 3S0 To submit English reports to S. B. R with appeal Petitions in butwarrah cases; . . . . . . . . 756 | 1.4 sept. 3 3 3S4 To submit quarterly statements of progress in adjusting Deposit Accounts to S. B. R. . . . . 775 15 Feb. 50. 406 When on tours, to see that proper training of Assistants is not neglected, tº e º - e º ſº º 33 3 2 j 407 And to report cases of neglect of this duty on the part of heads of offices, . . . . . . . . . . . . . . 3.5 5 5 3 To preface reports on appeals with a parrative of facts,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 795 2S May J 3 439 Competent to remit balances of Estates in which, though held khas, the jummabundees j 5 | have been adjusted, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. 801 || 14 June 445 May sanction law charges for conduct of suits in modification of 27th Rule of Practice, .... 806 || 5 J uly . 449 Expected to visit vernacular schools, . . . . . . . . . . . . . . . . . . .......................... S07 3 J. º ºi Failure in this duty will be noticed by S. B. R. to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 5 3 3 y To maintain uniformity of practice in subordinate offices, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 821 || 13 Aug. . 461 Reporting to S. B. R. any change of which the general introduction is desirable, . . . . . . . . 3 y º 5 5 To report dates of departure on tours and return, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 822 | 16 . 3 y 3 y Of which a register will be kept in office of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, , , , , To perform tours once a year, remaining a fortnight in each District, . . . . . . . . . . . . . . . . . 3 y J 5 3 3 To see when on circuit that Cols, keep up the Registers, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 823 27 , ,, . 462 And to sign them, noting date of inspection, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 35 3 J. To write remarks on statements of Cols.” Business with their own hands, .............. 827 | 17 Sept. , 467 To visit camp of Superintendent of Survey in cold season, to see that rules are observed, ... 829 || 8 Oct. , 475 To cause a memo. of dates of sale and appeal to be placed before them when appeals are presented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 837 22 Nov. , 494 Jn order that interference with sale may be precluded when term of appeal has expired, .. 3 3 3 3 3 J. 3 y Competent to cancel leases at discretion, with concurrence of lessees, ... . . . . . . . . . . . . . . . |No.4 Precedent. 576 Subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”, J 5 3 5 Not competent to review order in dakhil kharij cases though verbally passed, ............. [No.10 33 578 COMMITTEE for revision of Statements. Specimens of forms of Statements approved, for- warded for observance, . . . . - ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 | 16 Sept. 37. 5 COMPANY's PAPER 'see GovT, SECURITIES. COMPENSATION. Rule 7 of Rules for hookamee settlements does not include cases in which the Maliks have already been debarred from settlement by an equitable law, 579 26 Feb, ,40. 103 To Maliks for loss of settlement in badshahee tenures may be sanctioned by S. B. R. 599 || 10 Aug. , 42. 175 Forolands taken for public purposes.—Principle of calculation, . . . . . . . . . . . . . . . . . . . 783 || 2 April , 50. 430 For lakhiraj land, value of perpetual annuity to be calculated on net rent, . . . . . . . . . . . . . . 3 y y 3 5 y 3 3 For mal land, sudder jumma to be remitted, and price of annuity calculated on difference between jumma and rent, deducting charges, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 5 J 3 3 3 J Jumma ordinarily equal to half gross rent—Examples, . . . . . . . . . . . . . . . . . . . • e º e e 33 3 3 3 y 3 5 Proprietor in possession at the time entitled to adjusted compensation, . . . . . . . . . . . . . . . 3 J 3 3 , , 431 Remission to take effect from date of occupation, and jumma paid to be refunded with 12 per cent. interest, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - 5, 3 y 33 3 3 Present proprietors entitled to refund of jumma paid by them,. . . . . . . . . . . . . . . . . . . . . . 3 y J } J 5 3 3 CONFINEMENT. See FINES and PRISONERS. CONSTRUCTIONS OF REGULATIONS AND ACTS. Cases under Secs. 6 and 9, Reg. XIX. of 1793 may be disposed of by Cs. R. without reference to S. B. R. . . . . . . . . . . . . 416 22 Sept. ,37. 6 Reg. XIX. of 1793 Cl. 1, Sec. 4. Lakhirajdars of hookamee tenures dying without heirs, tenures escheat to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 || 23 Jan. ,38. 24 Favorable terms prescribed by Cl. 2, Sec. 8, Reg. XIX. of 1793 applicable to shikmee , tenures in resumed Muhals,.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460 || 7 Aug. , 54 J E xviii INDEx, . O O. 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. No. Date, Page, Sec. 4, Reg. XI. of 1822 does not restrict powers conferred on superior Revenue Authorities by Cl. 3, Sec. 8, Reg. IV. of 1821, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 21 Aug. 38. 62 Explanation of intent of Cl. 1, Sec. 3, Reg. II. of 1819, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 ||25 , 9 * 65 Sec. 3, Reg. XV. of 1797 not applicable to transfers at revenue sales, . . . . . . . . . . . . . . . . . . 498 || 31 July 39. 86 Powers conferred on S. B. R. by Act XX. of 1836 miay be exercised by Cs. R. . . . . . . . . . . Cs. R. not competent to direct reinvestigation of resumption suits under Cl. 4, Sec. 4, Reg. III. of 1828, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92% 29 . ,, . 108 Act XII. of 1841 has reference only to Sales for arrears of revenue or demands recoverable as such, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of Sec. 15, Reg. VII. of 1799 in connection with Sec. 4, Reg. VIII. of 1831 and Sec. 1, Act VIII. of 1835, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary decree necessary, prior to sale of shikmee tenures belonging to individuals not held khas, . . . . . . . 5 18 26 Feb. ,40. 103 589 27 April ,42. 159 625 | 8 Mar. , 44. 196 • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - - - - - - - - - - - - -, - - - - - - - - - 39 JJ JJ 3 J. Appeal against sale does not lie, except on ground of irrelevancy of Regulation, . . . . . . . . . . . , • 35 3 3 3 2 Sec. 25, Reg. VII. of 1799 applicable to shikulee tenures in Govt. Estates held khas, . . . . 5 y 3 2 JJ 2, 2 Appeals may be admitted by Cs. R. on whatever ground, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 J. 3 J 3 J. Property of farmers and their sureties saleable under Sec. 8, Act XII. of 1841, ... . . . . . . . . . 635 | 17 Dec. , 203 Decisions under Sec. 2, Reg. IX. of 1825 open to revision by Civil Court, but not under Sec. 5, 724 || 7 Mar. , 49. 351 Subject to limitation prescribed by Act XIII. of 1848, which has no concern with Sec. 5, . . . , 3 J 3 D 3 5 Of Cl. 2, Sec. 3, Reg. VI. of 1822, Cl. 6, Sec. 23, Reg. VII. of 1799 in connection with Cl. 2, Sec. 2, Reg. XI. of 1822, and Act I. of 1845, as applicable to sale of land be- longing to farmers and their sureties, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • gº e º sº tº e º 'º º 74.1 | 19 June ,, 370 Act XX. of 1848 does not dispense with any processes previously enjoined,. . . . . . . . 748 27 July , || 379 Sec. 18, Reg. X, of 1829 applies only to Vakeels and Mooktears, and not to Principals, . No.3 | Precedent. 576 CONSTRUCTIONS OF SUDDER COURT. Respecting protection from arrest under Civil process, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rescission of Construction No. 1094 as being an erroneous interpretation of Sec. 15, Reg. VIII. of 1831, . . . . ... . . . . . . . . . . . . 779 19 Mar. ,50. 418 526 || 1 April ,40. I 11 contingáN'ſ BILLS. Not to include charges for English stationery, ............... 546 20 Oct. "..., |13; Need not be entered in Index of Correspondence of Cs. R. . . . . . . 699 || 6 Jan. ,48. 301 Of Cs. R. to explain why charges are not met out of monthly allowance of 50 Rs. . . . . . . . . 760 26 Oct. ,49. 391 CONTINGENT EXPERSES. Up to 500 Rs. may be sanctioned by Cs. R. or S. B. R. ... 599 || 10 Aug. ,42. 177 Of vernacular schools, will not be defrayed by Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663 24 Mar. , 46. 246 Nor are they to be defrayed out of schooling fees, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 21 Aug. ,47. 288 But by the inhabitants of the village or the parents of the pupils,. . . . . . . . . . . . . . . . . . . . . . . , 3 3 3 y 3 3 t}rder superseded—may be disbursed out of schooling fees, . . . . . . . . . . . . . . . . . . . . . . . . . . 728 15 Mar. , 49. 364 Disbursements however require previous sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . 734 20 April , || 358 On bills submitted monthly for countersignature, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 9 3 Allowance of 50 Rs. to office of Cs. R. to cover all charges except boat-hire when travelling, 760 26 Oct. Bills of Cs. R. to explain why charges are not met out of this allowance, . . . . . . . . . . . . . . 9 y J 3. 296 || 2 3 Punkah-pullers and expense of tatties may be included as contingent charges, . . . . . . . . . . . ,, 3 3 ,, 392 But not extra establishments, for which Govt. sanction is necessary, tº ºs º ºs Unexpended surplus of year to be credited to Govt. through Col. . . . . . . . . . . . . . . . . . . . . COPIES. Of correspondence relating to pending suits not to be granted without permission of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494 || 3 July 39. 85 Of Civil Court’s orders and decrees to be obtained by Govt. Pleader in all cases on plain w paper,. . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703 || 9 Mar. ,48. 310 Of documents of the nature of evidence may be granted to applicants, . . . . . . . . . . . . . . . . 755 | 11 Sept. ,49. 384 But not of minutes and discussions of Members, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Of previous decrees on stamped paper and authenticated, to be filed in time when appeal is made, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of records and papers. Rules for supplying copies. See RECORDS., º COPPER COINS. Enumeration of coins struck at various periods, . . . . . . . . . . . . . . . . . . . . 641 || 9 April ,45. 219 Trisoolee pice being illegal under Act XIII. of 1844, the pice to be received are those coined without Regulation prior to 1817, and the single pice coined under Reg. XXV. of 1817, If portion of inscription remains legible, may be accepted at General Treasury, 3 y ... 351 © … & tº ſº º 3 9 J3 3 J J 9 33 - 33 33 3.5 766 |li Dec. , 394 3 y 35 3) , 29 tº e º O e e s e º e 92 52 22 JJ INDEx. xix 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620: 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 763; 1850 to ag. Orders of 24th Aug. 1832 rescinded in so far as they may be understood to sanction receipt of coins with illegible inscriptions, * * * * * * * * * * * * * * * * * * * * * * * * g e e e s e e s a If inscription much defaced, coins not to be re-issued but transmitted to Mint, . . . . . . . . CORRESPONDENCE. Attention enjoined to late Board’s Circular No. 451 1 of 28th Number, date and subject of letters replied to, to be specified..... . . . . . . . As well as of correspondence referred to in body of letters, ....... With Moonsiffs. By roobokaree instead of perwannah, e & E e º e Mode of address used to Principal Sudder Ameens applicable, ... . . . . . . . . . . . . . Relating to pending suits, not to be granted without permission of S. B. R. . . * * * * * * On unimportant subjects, such as leave of absence, &c. to be submitted in original with remarks below, . . . . . . . . . . . . . . . . . . . . . . . tº - - - - … tº e tº Unmecessary correspondence to be discouraged, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Especially between Officers in the same office, e tº º ºs e tº e º 'º e º e º º gº Explanation or instruction by personal conference to be preferred, .. Voluminous references also to be guarded against, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In ordinary matters, reports of Cs. R. should be sufficient without enclosures, In other cases, Cols.” reports, accompanied by a brief commentary from Cs. R. . . Transmission of a mass of intermediate correspondence unnecessary, Correspondence submitted to Govt. to be docketed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shewing name of writer, party addressed, and subject, . . . . . . . . . . . . . . . . . . . . . . . . . Communications to be complete in themselves without reference to other documents,...... Where reference occurs to paras., substance to be briefly stated on margin, Endorsement of correspondence ordered in 1842 to be discontinued, . . . . . . . . . . . . . . . . . . When Col. is not a party to a suit, Civil Court need not be addressed by petition or thro' Govt. pleader, but by letter or proceeding,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allusion to vernacular documents without specifying their purport in English reprehended, Reports not complete and intelligible in themselves will be returned by S. B. R. for revision, Strictures on irregular manner of submitting correspondence, . . . . . . . . . . . . . . . . . . . . . . . . , Letters to be arranged in order of dates, the earliest date uppermost, . . . . . . tº e º e º e º e º ſº º Papers relating to more than one case, to be separately arranged with labels, . . . . . . . . . . . . Dates of letters to be inserted in top of first page, . . . . . . . . . . . . . . . . . . . . . . . . . Between Revenue and Survey Officers, to be carried on in English, . . . . . . . . . . . . . . CORRESPONDENCE, INDEX OF. See INDEX OF CORRESPONDENCE. COTTON. Dr. Royle's Memorandum on introduction of American and cultivation of in- digenous cotton, . . . . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . . . . . . . . . . tº E tº e º 'º º sº e s e e s tº tº a e Interrogatories of Court of Directors on the subject remaining for answer, . . . . . . . . . . . . . . COUNTRY PAPER. See STATIONERY. COURT OF DIRECTORS. Disapprove of continuance of pensions after death of grantees, COUBT OF JUSTICE. Parties going, attending, and returning, exempt from arrest under civil process, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COURT OF WARDS. When sale of portion of a ward’s Estate for debts of former pro- prietor is proposed, Cs. R. to report debt to be justly due and not capable of liquidation otherwise, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º ºs e tº s tº tº dº * & Sale for debt a private transaction in law, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Estate sold is burthened with same liabilities as in Sales under decrees, . . . . . . . . . . . . . . . . Arrear due, if any, need not be deducted from proceeds of sale, . . . . . . . . . . . . . . . . . . . . . e But should be declared in advertisement to be payable by purchaser, . . . . . . . . . . . . . . . . . . Institution of suits for rent-free tenures to be notified to Col. . . . . . . . . . . . . . . . . . . . . . . . . Col. to report the case for consideration of Court of Wards. . . . . . . . . . . . . . . . Powers of Court of Wards may be exercised by Cs. R. under Rules of Practice, . . . . . . . . Except in regard to appropriation of surplus receipts in any other way than in Govt. Securities, Guardians of minors to furnish hazir Zamin, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º Opinions called for on proposition to let guardians select their own Wakeels to carry on suits, Law,applicable to sale of property of farmers of wards' Estates and their sureties, . . . . . . . . Responsibility of Cols, involved in a decision of Sudder Court, . . . . . . . . . . . . . . . . . . . . . . • , ) - - - - No. 64 1 J 3 44 I 32 471 494 Date, 9 April ,45. 3 y 5 y 3 April 38. 3 2 13 Oct. , $ 2 3 July 85. 18 Mar. ,40. 13 Jan. , 41. 5 y J. J. 5 s 9 y 3 J. 3 3 3 J. y 9 3 2. y 3 27 Aug. ,4}. 2 Nov. ;43. 8 Oct. ,41. 3 Aug. ,46. 10 April , 49. 9 J 3 5 2 , ,50. 3 3 93 3 J. 5 § 8 Oct. , 21 Feb. ,48. 3 J. J 3. 4 May ,49. 18 May ,42. 3 July ,38. 2 J 5 y J 2 y 9 J. J. 5 y 17 April,85. 10 Aug. .4%. 24 Sept.,4}. Page. |Pa; 167 74 1 815 3 June ,48. 19 June , 49. 6 Aug. ,50. 176 208 320 370 457 XX INDEX. © O 1837 to No. 419 ; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 668; 1843 to 620; 1844 to 63; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. COVENANTED ASSISTANTS. See ASSISTANTS (COVENANTED.) O COVENANTED CIVIL SERVANTS. Rule for grant of travelling allowance to Junior servants when employed in the interior, . . . . . . e e ABSENTEE REGULATIONS OF 29th JANY. 1840, As MoDIFIED on 17TH MAY, 1843, . . . . CRAIGIE (MR. J. A. Offg. Magte. of Cawnpore.) "His plan of securing a supply of carts for troops described, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tuty transferred to Col.’s office, and placed immediately under cognisance of tehsildar, Number of bullocks and carts in each village registered, . . . . . . . . . . . . . . . . . . . . Pledge not to call for more than one-fourth of cattle or carts at one time, . . . ... . . . . . . . . . Nor from the same village a second time, till other villages had furnished their quota, . . . . No excuse listened to, and contumacy punished by fine,..., is tº e º e º 'º #3 º º Demand made according to a register kept with scrupulous care. . . . . . . . . . . . . . . . . . . . . . . Asamees whose carts are supplied, entered on back of perwannah by Zemindar, ... . . . . . . . . To prevent their being called on again out of their turn, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Neighbouring carriage for emergencies, and, from distant Pergunnahs on ordinary oc- CaS1011S, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e Allegations respecting sale of carts tested by tehsildar, ... If sold, carts are entered in names of purchasers, . . . . . . . . . . . . . . . . . . Register to be kept correctly and revised every 2nd or 3rd year, . . . . . . . . . . . . . . . . . . . . . . CRIMINAL COURTS. Parties attending, protected from arrest under civil process, .... .. CROPS. See HARVEST. CUBOOLEUT. See KUBOOLEUT and SETTLEMENT. CURRENT DUTIES. Arrangements for performance in Col.’s absence in interior to be reported, With date of their taking effect, . . . . . . . . . . . . . . . * * * * * * * * * * * * * c e s e o sº, sº e s e º e s a CURRENT PRICES. See PRICE CURRENTS. - CUTCHERIES. Of Special Depy. Cols. To be centrical with reference to their jurisdiction, And within the limits of the Zillahs to which the cases appertain, . . . . . . . . . . . . . . . . . . . . Rules relating to preservation of glazed doors and windows, . . . . . . . . . . . . . . . . . . . . . . . . . DAKS in resumed Muhals. See POLICE DAKS. DAKHIL KHARIJ. See also REGISTER OF MUTATIONS. Appeals to be of the nature of special appeals in civil suits,. . . . . . . . . . . . . . . . . . . . . . . . . . That is, on points of ſaw and practice, not of fact, except where there is no remedy by civil suit, e ‘º gº tº tº e º ºs e tº * orders of Čs, R., though verbaily passed, to be considered as final and not open to review, DAROGAHS of Salt Department. See SECURITIES. " DEBTS. Proceeds of revenue sales not to be appropriated for debts while sale is contested, DECREE-HOLDERS purchasing Estates, may give a receipt for amount of their claim in payment, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provided claims of other parties are not interfered with thereby, . . . . . . . . . . . . . . . . . . . . . That the same rules regarding delivery of possession are observed as in other cases, . . . . . . And that the demand of Govt. revenue is previously settled,. . . . . . . . . . . . . . . . . . . . . . . . . . DECREES. Of Resumption Courts, to be executed by those Courts, . . . . . . . . . . . . . . . . . . Of Judicial Courts, not to be satisfied out of pension allowances, . . . . . In summary suits for rent, to contain a provision for execution, . . . . . . . . . . . . . . . . . . . . . . And to be immediately executed without formal application from decree-holder, . . . . . . . . . . Amount decreed by Judicial Courts may be disbursed under authority of S. B. R. Plan of R. L. A. for realizing outstanding decrees, - Percentage to be allowed to Govt. Pleader on sums realized,. . . . . . . . . . . . . Services of Nazir also to be called in requisition, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three-fifths to be allowed to Nazir and two-fifths to Pleader, as a general rule, . . . . . . Rule to be modified according to relative exertions of the two officers,. . . . Importance of Cols.’ surveillance in these cases,. . . . . . . . . . . . . . . . . . . . ©, * * * * * * * * * b' ' ' ' " Quarterly statement to be submitted by Cols. to R. L. A. . . . . . . . . . . . . . . . . . . . . . . . . . . And a half yearly Return by Cs. R. to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . Copies of all orders to be obtained by Govt. Pleader on plain paper, . . . . . . . . . . . . . . Form prescribed of half yearly statement of percentage on unexecuted detrees, . . . . . . No. 517 No. 2 705 730 479 5 y 490 Date. Page. 19 Feb. ,40. 103 Appendix. xv. 20 July ,42. 169 . . 170 1 April,4'. it 29 Mar. , 48. 315 10 April,49. 355 20 Nov. ,38. 74 29 May ,39. 82 5 Feb. 50. 402 "Precedent. 578 21 Aug. ,38. 62 13 Mar. , 39. 77 • * * * * * * * * * * * * * * * * * * e o e º e e e º e e s e e 506 563 3 9 33 O 3 5 11 Sept. , 92 25 22 5 y 94 24 April ,41. 139 10 Aug. , 42. . 177 21 July ,47. 285 5 y ,, . 286 O) 3 J. 5 5 5 5 9 3 285 9 Mar. ,4& .310 14 Sept. , || 331 • INDEX. xxi 9 Ö 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 603; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. DEFAULTER'S REGISTER. Half yearly Return prescribed of balances due from defaulters not covered by sale, . . . . . . . . . . . . . . . . . . . * * * * e º º Return altered to an annual one,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Its use described. Error of confounding it with Suspense Register pointed out, * * * tº s tº e e To be submitted to S. B. R. in all June with resolutions of Cs. R., . . . . . . . . Return abolished, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANTS. In criminal and summary suits not liable to arrest under civil process, Protection to last while going, attending court, and returning,.... . . . . . . . . . . . . . . . Exemption extends to any Court of Justice, * * * * * * * * * * * * * * * * * * e - e. e. e. e. e. e. e º e - e s a DEPARTMENT. Officers not to be invited from one Dept. to another without permission of Head of office, . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. DEPENDENT TALOOKS. See SHIKMEE TENURES. ſº DEPOSITS. Of 7 years, transferred to 'Profit and Loss under Rev. Acct's. C. O. 18 Aug. 1832, may be disbursed by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º sº ºn Applications for money, if less than 50 Rs., may be received on plain paper, ............ Of putnee balances to avert sale, not authorized by Regulation VIII. of 1819, . . . . . . . . . . Ruling explained farther. Putneedars of the second decree may deposit the balance to stay sale, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But not of the first degree, unless a suit to contest the demand be pending, DEPOSIT ACCOUNTS. Revision directed with the aid of Assistants, e & e º 'º e e º 'º e º 'º If no-Assistant, Col. must conduct enquiry, or a Depy. Col., or a confidential officer, . Duty to be allotted to mot more than one person, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In difficult cases, Cols.’ orders to be taken in a book describing the case, ... . . . . . . . . . . . Cols. to submit to Cs. R. monthly report of progress in a given form, gº tº dº e e s e º e º e º ºs Cs. R. to submit to S. B. R. quarterly statement of aggregate results in same form, . . . . . Items belonging to other heads not to be carried to Profit and Loss, . . . . . . . . . . . . . . . . . . English list to be prepared of items allowed to remain in deposit, ... . . . . . . . . . . Col. to instruct Assistant as to best mode of proceeding, . . . . . . . . . . . . . . . . . . . . . . . . . . . Correspondence between Govt. and Acct, as to meaning of Court of Directors' orders re- lative to transfer of deposits,. . . . . . . . . . . . . . . . . . & G & C G = e e º 'º e s e e s & & a e s a DEPOSIT OF SECURITIES. See GOVT. SECURITIES. DEPUTY COLLECTORS UNDER REG. IX. OF 1833. Knowledge of Persian not a me- cessary qualification for office, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Required to read and speak the vernacular of the District, . . . . . . . . . . . Six months allowed to present incumbents for acquiring this knowledge, e º 'º º tº e To superintend a sufficient number of Khas Muhals,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Death or absence on leave to be reported to Civil Auditor, . . . . . . . . . . . . . . . . . . . . . . . . . To communicate with Moonsiffs by roobokaree,... . . . . . . . . . . . . . . . . . . . . . . . . . . . Place of birth and period of residence in India to be stated in nomination roll, . . . . . . . . . . Salary of Amlah during absence of Depy. Col. may be passed by S. B. R. . . . . . . . . . . . . . . Rate of travelling from station to station same as to Judicial Officers, . . . . . . . . . . . . . . . . . . Viz. 5 kos or 10 miles a day, Sundays excepted,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . One week allowed for preparations, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If time exceeded, Depy. Col. to be considered as absent without leave, . . . . . . . . . And to forfeit his salary for the term of such excess, . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions in summary suits liable to be altered or revised like other decisions, . . . . . . . . . . But covenanted Principals will use power of revision sparingly, . . . . . . . . . . . . . . . . . To represent their claims to Govt. by post, and not through superior officers,. . . . . . . . . . . . May take charge during Col.’s absence from station, with sanction of Cs. R. . . . . . . . . . . . . Prohibited from farming lands in their own District, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before being placed in charge of a Treasury, Govt. Sanction to be obtained and notified in Gazette, ... ." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When so appointed, competent to negotiate bills and perform other Treasury duties,.... Being jointly responsible with Treasurer for custody of public money, . . . . . . . . . . . . . . . . . . And for proper observance of checks and accounts, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals from summary decisions not to be received by Cols, as a matter of course, . . . . . . F º No. 5 1 J 594 747 8 || 8 526 92 422 423 429 Date. 4 Dec. , 39. I 1 May , 42. 17 July 49. 6 Aug. .50. 1 April ,40. 18 May 43. 14 Oct. ,40. 2 June ,41. 10 Sept., 50. Precedent. 33 3 3 15 Feb., 50. 33 j } 33 5 y 35 3 3 3 J. 5 5 35 3 ſº 3 J. 35 33 9 3 3 3 3 y 33 35 13 Jan. , 38. 9 3 3 J 3 23 . . 20 Feb. , 13 Oct. , 19 Nov. , 39. 6 May ,40. 28 Aug. , y 3 } } 28 Aug. 40. 16 Nov. ,, 21 Jan. ,41. 25 Sept. , 24 Nov. , 3 y 5 5. 9 3 5 5 29 April 43. Page. 100 | 62 376 378 459 I l 1 xxii INDEX,\ 1837 to No. 410; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768 ; 1850 to 843. ..) * Revision by Col. to be regulated by the measure of his confidence, ... . . . . . . . . . . . . . . . . . Not to engage in commercial transactions in their Districts, . Govt. sanction necessary for holding sales for arrears,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In urgent cases, Col. may empower, reporting immediately for confirmation of Govt... . . . . Statement in given form to be furnished on appointment, shewing birth-place, age, &c., . . "Attention called to rule prohibiting purchase of lands at public sales, . . . . . . . . . . . . . . . . . . Holding of land in same District a disqualification for employment there, . . . . . . . . . . . . . . Whether the land were possessed at the time of appointment or subsequently acquired,.... Report required in prescribed form, of lands held by Depy. Cols... . . . . . . . . . . S. B. R. to be kept informed of future acquisitions or mutations as they occur, . . . . . . . . . . In order to their being registered in office of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . These registers to guide S. B. R. in determining transfer from one District to another,. . . . Leave of absence cannot be granted by any Authority below the Govt. List called for, classified according to qualifications, services and deserts, Exposition of views which govern selection of officers to be discharged, . . . . . . . . . . . . . . . . Officers whose services can be dispensed with not necessarily to be discharged, . . . . . . . . . . But reduction to be in general list on comparison of claims and merits of all, . . . . . . . . . . . . Two points to be regarded, viz. efficiency and length of service, . . . . . . . . . . . . . . . . . . . . . . The former of these being the first consideration, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In general, first grade officers to be retained in preference to 2nd and 3rd grades, . . . . . . . . Except when persons in the latter grades possess superior qualifications, . And have only not been promoted by reason of brevity of service, * : * * e º e º 'º G & Service in lowest grade beyond prescribed term to be considered a demerit, . . . . . . . . . . . . . . Prohibition repeated against holding lands in their own Districts, . . . . . . . . tº ſº tº gº e º & © e º e º e º e e Allowed 3 Rs. a day while employed in tents in the interior,. . . . . . . . . . . . . . . . . . . . . . . . . . To specify in their proceedings under Reg. IX. of 1825 the Law under which they are held, And their being empowered to undertake the duty under Sec. 21, Reg. IX. of 1833,. . . . . . When available, to be employed in arranging Collectorate records, . . . . . . . . . . . . . . . . . . . . Restrictions on powers imposed in cases of revenue sales apply to putnee sales, . . . . . . . . . Timely application to be made when it is proposed to employ Depy. Cols, in holding sales, Prohibited from addressing S. B. R. except through official Superiors, * * * * * * * * * * * * * In Survey Dept. Have no power of their own to impose or levy fines under Act XX. of 1848, . . . . . . . . But must obtain previous sanction of their Cowd. Superiorſ,. . . . . . . . . . . . . . . . . . . . . . . . . . Cautioned against needless calls on landholders in carrying out provisions of Act XX. of 1848, Statements of work to accompany Amnual Reports of Cs. R. . . . . . . Not to be employed on work not commensurate with the expense of e e s e e s e s e e s e e is e s e e e s e e s sº e º e s e º e s e º e º e º is tº e º e º e º 'º e º 'º e s e º e º e ºs their agency, . . . Incompetence to impose and levy fines under Act XX. of 1848, repeated, . . . . . . . . . . . . . . Restrictions of powers in regard to putnee sales, applicable to sales under Reg. I. of 1820, But Cols. may delegate to Depy. Cols, authority to hold sales under Act VIII. of 1835, .. Rule for leave of absence to Depy. Cols.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEPUTY COLLECTORS (INDEPENDENT,) Not competent to confirm settlements till authorized by Govt. . . . . . . . . . . . . . . * * * * * * * e º & © tº e º ſº tº º ſº e º e º $ tº e º º º e º & G & º e º gº tº DEPUTY SHERIFF Of Calcutta, the medium of serving summary processes on parties in DESPATCHES. To be docketed when addressed to Govt. . . . . . . . . . . Shewing mame of writer, party addressed and subject, . . . . . . . . . . . . . . . . . . . . . . DESTRUCTION Of wild beasts. See WILD BEASTS. - DIET ALLOWANCE. To defaulters in confinement, may be adjusted by Cs. R. if irre- coverable, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DILUVION. S. B. R. may grant abatement of jumma on account of diluvion, . . . . . . . . . . DISMISSED OFFICERS. See REGISTER OF DISMISSED OFFICERS. DISQUALIFIED PROPRIETORS. See COURT OF WARDS. DISTRAINED PROPERTY. Number of officers employed to sell, to be determined by Col. Scale of commission on sale proceeds, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for sale on stamped paper unnecessary, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. 592 596 605 64 619 629 724 742 754 762 765 789 489 680 |Date, 29 April ,42. 25 May , 9 Nov. ,, 28 April , 43. 18 Sept. , 5 y 5 5 3 3 $ 3 5 3 5 § 2 3 3 5 6 Mar. , 44. 28 RIay , 3 3 3 3 3 9 5 5 3 3 5 5 5 5 3 y 3 3 5 3 3 5 5 5 3 5 5 3 33 5 5 25 April ,45. 13 Nov. ,47. 7 Mar. , 49. 9 y 15 June ,, 22 , 5 5 7 Sept. . 20 Nov. ,, $ 3 y 5 30 » 5 3 14 May ,50. y 5 5 5 26 Dec. ,, Precedent. 9 3 3'. Appendix. 19 Dec. 12 Aug. 27 Aug. 3 3 5 3 10 Aug. 5 3. 5 5 15 May 19 Feb. ,42. ,46. ,42. Page, 16 || I 67 184 189 19 | 192 393 434 435 5 1 | 576 xxxiii. 184 252 18 l 8] 273 • 2 INDEX. xxiii O O 1837 to No. 419 ; 1836 to 481 ; 1839 to 513; 1840 to 552; 1841 to 533; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. A written request being all that the Law requires, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tulubana to peadahs for fixing motice under Sec. 5, Reg. XXXV. of 1795 not to be charged to defaulters, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º 'º e º 'º - *Commission allowed by Sec. 2, Act I.’ of 1839, to cover all charges, . . . . . . . . . . . . . . . . . . . . Disºr. Houses, trees, and other real, property of tenants not saleable by distrainers or rent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nor in execution of summary awards for rent, when situated on any other land than the tenure on which default has occurred, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Practice of Zemindars of delegating their own powers to Coms. under Act I. of 1839, declar- ed to be illegal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written demand on defaulters to be served by Zemindar’s own agents,. . . . . . . . . . . . . . . . . . And defaulting tenant’s property distrained through them. . . . . . . . . . . . . . . . . . . . . . . . . Zemindars and others not authorized to employ any other agents for sale of distrained pro- perty than'such as are duly appointed under Act I. of 1839,. . . . . . . . . . . . . . . . . . . . . . . . The only real property saleable is the talook or tempre in arrear, . . . . . .". . . . . . . . . . . . . . . . Provided it be by usage transferable by sale or otherwise, . . . . . . . . . . . . . . . . . . . . . . . . . . Opinions invited respecting Mr. Elliott's proposed Rules of Practice, . . . . . . . . . . . . . . . . . . DISTRICT BOUNDARIES. Those of dOistrict first surveyed to be followed by Surveyor of adjoining District without question,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unless there exist obvious topographical errors, . . . . . . . . . . . . . . . . . . . . . DOCKETING Of letters and enclosures directed, . . . . . . . . . . . . . . . . . Practice ordered to be discontinued,. . . . . . . . . . . . . . . . . . DOCUMENTS. See also RECORDS. Native documents not to have names of heathen deities affixed to them, . . . . . 9 e s e e º e º e s tº Order applicable to proceedings held, and processes issued by Govt. officers, . . . . . . . . . And not to petitions, &c. presented by individuals, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copies may be granted to individuals, when documents are of the nature of evidence,. . . . . . But copies of minutes and discussions of Members not to be granted, . . . . . . . . . . . . . . . . . . EDUCATION (FEMALE). See FEMALE EDUCATION. EQUCATION FUND. Chargeable with expense of vernacular school masters, e - e. e. e. e. e. ELEPHANTS. When required for Govt. purposes, to be indented for from depôts or pur- chased, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to be borrowed from Zemindars except in cases of necessity, under sanction of S. B. R. Strict observance of G. O. 10 Nov. 1834 enjoined, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ELLIOTT (MR. W. H. Depy. Col. of Chumparum). His proposed Rules regarding dis- traint and summary suits,. . . . . . . . . . . e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e < * * * * * * * * * * * * * * * * EMBANKMENTS. Govt. to advance funds for sluices in embankments on written agree- mentS, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ' ' ' ' ' ' ' " Zemindar's share of expense may be recovered summarily as an arrear of revenue, . . . . . . . . Engagement to specify that advance is made under Sec. 40, Reg. XIV. of 1793, . . . . . . . . Authority for advance to be obtained through Military Board, on application to Executive Officer, . . . . . . - e - Attention called to Rules of 20 Sept. 1831, circulated on 4 Oct. 1831, . . . . . . . . . . . . . . . Construction not to be engaged for, without communication with Superintending Engineer and sanction of Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENCLOSURES Of letters to be docketed when submitted to Govt. . . . . . . . . . . . . . Practice ordered to be discontinued, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENDORSEMENTS On letters. See DOCKETING and CORRESPONDENCE. EN 50WMENTS. Interference on the part of Govt. Officers except on application of heads of community, forbidden, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENGLISH LAW. Opinion of Advocate General on points of English Law to be obtained through S. B. R. .......... •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESCORTS For treasure remittances, not to be called for in hot weather and rains except in urgent cases, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESTABS, ISHMENTS. See also AMLAH. . Ministerial officers allowed three-tenths of salaries when travelling, . . . . . tº e No. 680 Date. 19 Feb. ,47. 33 20 Mar. 3 y 3 April 33 13 July 9 Mar. 8 Oct. 27 Aug. 8 Oct. 7 Sept. 3 3 11 Sept. 3 2 9 Mar. 3 July 10 Sept. 27 Aug. 8 Oct. 6 Noy. 21 Mar. 22 Feb. 18 Sept. 3 x , 3 3 ,46. Page. 273 xxiv. INDEX. e e O ſº 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843' No. Date. Page. Koranée Moollah and Gungajullee not required to be kept up, . . . . . . . . . . . . . . . . . . . . . 527 | 15 April 40. l l I Officers of one Dept. not to be invited to another without consent of head of office, . . . . . . 544 || 14 Oct. , | 126 Especially if trained to duties of a scientific nature, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 § 35 3 3 3 y Deductions of salaries to be carried to credit of Govt... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576 | 11 Aug. 241. 146 And not to form unauthorized funds in offices, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 3 3 5 p. 5 3 Number, designation or salaries not to be altered without authority of S. B. R.,.... . . . . . . 599 || 10 Aug. .42. 177 And no increase of aggregate expense without Sanction of Govt. . . . . . . . . . . . . 25 5 5 ,, . 178 For measurement preparatory to settlement may be sanctioned by Cs. R., . . . . . . . . . . . . . . . , 35 2 3 5 5 For partition of Estates may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 5. 5 y 3 5 Servants drawing less than 6 Rs. entitled to same travelling allowance as Amlah, ... . . . . . . 615 26 May 43. 190 Officers not to be entertained on lower salaries than those fixed by Govt., . . . . . . . . . . . . . . . 622 || 2 Feb. 44. 194 Power of S. B. R. and other officers to sanction extra establish?ments efor 6 months, with- drawn by G. O. 16 May 1844,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630 || 5 July , | 200 Applications for increase to be submitted in a given form, 5, 2 3, 3 3 3.5 Grounds of proposition to be fully stated, ... ". . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 5 5 3 J. 5 5. Enquiries respecting practicability of reducing Collectorate establishments, . . . . . . . . . . . . . . . 639 || 25 Feb. ,45. 213 Certain reductions suggested by Mr. Acctt. Genl. Morley to provide for salaries of Treasurers, , 9 3 ,, 215 Practice of keeping officers acting for years, animadverted on, . . . . . . . . . . . . Q a • * * * * * * * 727 | 12 Mar. , 49. 353 Applications for extra aid to shew clearly its necessity, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792 21 May ,50. 437 By a statement of the work to be done and the agency required to do it, . . . . . . . . . . . . . . . . . ,, 9? ,, . 438 Revised form of statement to accompany applications, . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 802 | 18 June ,, 446 ESTABLISHMENTS OF DEPY. COLS. To draw travelling allowances at three-tenths of salaries when in the field, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697 || 13 Nov. 47. 300 ESTABLISHMENTS FOR BUTWARRAH. See BUTWARRAH. ESTABLISHMENTS FOR SURVEYS. Scale for combined thakbust and khusreh opera- - tions, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 829 || 8 Oct. , 50. || 484 ESTIMATES. For public buildings. Rule for countersignature of plans and other docu- ments, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657 || 9 Jan. ,46. 240 ESTIMATED JUMMAS. See KHAS MUHALS. EXAMINATION OF ASSISTANTS. See ASSISTANTS, O EXAMINATION OF SUPERINTENDENTS OF SURVEY. See SUPERINTENDENTS OF SURVEY. O EXECUTION OF SUMMARY DECREES. Form of statement to accompany Annual O Reports of Os. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712 | 12 July 48. 328 Separate Return dispensed with, . . . . . . . . . . . . . . . . . . . . . . . . . . 827 | 17 Sept., 50. 467 Incorporated with quarterly Returns of Business of Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 55 3 J. 5 y EXECUTIVE OFFICER. Survey and report necessary before buildings are purchased for ublic purposes,. . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . 767 || 14 Dec. , 49. 394 EXPLANATORY ARRANGEMENT OF BALANCES. To be submitted to S. B. R. with resolutions of Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . 747 | 17 July , s 378 To be forwarded along with Bukya Towjees in all Augt. for all Districts together,. . . . . . . . . 833 | 12 Nov. , 50. 491 Accompanied by complete explanations of balances, . . . . . . . . . . . . . . . . . . . . 5 3. 3 5. 33 3 y Statements for each District to be separately tied and labelled,. . . . . . . . . . . . . . . . . . . 2 3 3 y J. J. 5 5 EXTRA ESTABLISHMENTS. See ESTABLISHMENTS. FARMS. See also SETTLEMENTS. . May be confirmed by Cs, R., when Maliks are rescusant, not exceeding 10 years, ... . . . . . . . 417 27 Oct. ,37. .. 6 Of lands to Depy. Cóls. in Districts in which they are employed, forbidden, . . . . . . . . . . . . . 578 25 Sept. ,41. 147 From Zemindars taken by Amlah in the same District, decided by Sudder Court to be illegal, 696 || 30 Oct. ,47. 299 Report required on prevailing systems of farming Estates,... . . . . . . . . . . . . . . . . . . . . . . . . . . . 721 | 15 Feb. , 49. 348 Sale of leases at fixed rents by public competition deemed preferable, . . . . . . . . . . . . . . . . . . . ,, © 3 y ,, 349 Advantages of, and objections to, public competition stated, . . . . . . . . . . . . . . . . . . . . . . . . . . J } 9 3 22 | > * List called for of Estates summarily farmed without regular settlement, ". . . . . . . . . . . . . . . . ,, 30 53 3 3 Of Estates attached by Judicial Courts. See ATTACHMENT. May be cancelled by Cs. R. at discretion, subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No.4 | Precedent.e 576 But may not be cancelled by Cols, except on ground of default of lessee,. . . . . . . . . . . . . . . . J3 9 3 32 2 3 • ‘if DEx. xxv 1857 to No. 419; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 593; 1842 to 603; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 603; 1848 to 710; 18 O FARMERS. Their property and that of their sureties saleable for arrears under Sec. 8, Act XII of 1841, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provided bond expressly stipulates for recovery of arrears by sale, . . . . . . . . . . . . . . . . . . Attention directed to forms of security bonds enjoined by C. O. 17 June, 1834, . . . Exposition of law applicable to sale of property of farmers and their sureties, . . . . FEES FOR REGISTRY Not to be demanded till registry has been made, nor on transfers t at sales for arrears, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to be paid when search is made, or, copies required of papers for Govt. purposes,...... Of Nazir's peoms, forbidden to be levied in pauper suits, . . . . . . . . . . - For searching for papers, to be paid in first instance to Mohafiz, .. Who will keep an account and pay the whole daily into the Treasury, . . . . . . . . . . . . . Of Govt. Agent at Sp. Com.’s Court. See GOVT. AGENT AT SP. COM.'s COURT, Of Govt. Pleaſler at Sudder Court. See GOWT. PLEADER AT SUD DER COURT. FEES (SCHOOLING) From pupils of vernacular schools, l anna per messem,.. * * * * * * * May be given to masters as a reward for good conduct, with sanction of S. B. R. . . . . . But to be accounted for in the first instance to Cols. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whole fees of one District not to be thrown into one fund for the purposes of the schools generally, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , , , , , , But kept apart for the purposes of the particular school, . . . . . . . . . . . . . . . . . . . . . . . . . . . Surplus fees to be disbursed under authority of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . In remuneration to deserving teachers, or for extra agency, or to relieve Govt. . . . . . . . . . . FEMALE EDUCATION. Desire of Govt. that its introduction should be encouraged, . . . . Success of Mr. Bethune's school cited as an example, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FEROSH AMEENS. See COMMISSIONERS UNDER ACT I. OF 1839. FERRY TOLLS. Govt. Officers exempted when proceeding on public service, * a tº s e - e. Claims to exemption on this ground, if not admitted, to be referred for orders to the Dept. to which the officers belong,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINES To be credited to Govt. instead of forming unauthorized funds, . . . . . . . . . . . . . . . . . . Act XX. of 1848, does not dispense with any processes previously enjoined, . . . . . . . . . . . . anction of Cs. R. necessary to imposition of fines by Cols. . . . . . . . . . . . Except when Law empowers Cols. to act on their own authority, . . . . . . . . . . . . . . . . . . . . . . Col. to report fine, if possible, on same day, instead of letting it accumulate, .. Specifying naturé and object of call and the law under which it is made,. . . . . . . . . . . . . . . . Form of statement to be observed in reporting imposition of fines under Act XX. of 1848, Column of remarks to specify whether calls were duly sanctioned by Cs. R. . . . . . . . . . . . . Depy. Cols. have no power of their own to impose or levy fines under Act XX, of 1848, .. But must obtain previous sanction of their covenanted Superiors, . . . . . . . . . . . . . . . . . . . . . Caution, in carrying out provisions of Act XX. of 1848, against needless calls for papers, &c. Forms of statements prescribed for reporting imposition and realization of fines, © º º May be imposed on proprietors or farmers refusing to point out lands in settlements, ...... Cols, may in such cases impose of their own authority, and levy as an arrear,. . . . . . . . . But a Depy, Col. cannot impose or levy without sanction of Superior, * * * e º e º e s e º e º ºs May be imposed under Sec. 18, Reg. X. of 1829, on wakeels and mooktears, not on Principals,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FORBES (MR. A. Col. of Rajshahee.) His proposition to allow Guardians of wards of Court, to select their wakeels to carry on suits, .. • e e s e e º e & - e º e s e º 'º e º e a e - e. e. e. e. e. e. e s • His proposed modifications in Law of butwarrah, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FORMS Of statements prepared by Committee of Revision, circulated for general observance, Of processes in summary suits on parties in Calcutta. See SUMMARY SUITS. FORMS (LITHOGRAPHED). See LITHOGRAPHED FORMS. FQUZDAREE TREASURY. See TREASURY, and TREASURER. FUNDS Not to be created by means of fines and deductions from salaries,. . . . . . . . . . . . . . . . Sums so accruing to be carried to credit of Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . FUSLEE YEAR. Demand how to be rated in consequence of discontinuance of Fuslee GAZETTE. Publication of leave of absence sufficient intimation of compliance, . . . . . . Notifications of general importance to be published in vernacular Gazette, . . . . . . . . . . . . . . G. e e s Gº & e Nº. 635 576 748 3 3 3 y 757 3 3 762 765 |)ate. * 17 Dec. , 44. 3 3 23 19 June , 49. 31 July ,39. 14 April ,41. 29 May ,47. 6 Dec. , 50. 13 Mar. ,45. 29 Jan. ,46. 2 Sept. ,48. 3 3 3 y 30 April,56. 3 J. j 3 25 July ,45. 3 3 ll Aug. , 41. 27 July , 49. 5 Oct. ,, 20 Nov. , y 3 O 3 3 3R) 3 3 3 3 28 June , 50. 26 Dec. ,, Precedent. 3 June , 48. 27 Sept. ,, 16 Sept. , 37. l 1 Aug. , 41. 23 Jan. ,38 18 Mar. ,40. 1 Dec. , 41. 49 to 768; 1850 to 843. Page - 380 385 352 146 32 1 10 l 52 xxvi INDEºx. . 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620: 1844 to 635; 1845 to 655; 1946 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. O N 0. Date. Page. Supply to be stopped when an office is abolished, . . . . . . . . . . . . . . . . . . . . . . . . . "........ I b/7 25 Nov. ,46. 270 GLAZED WINDOW.S. Rules for preservation of glass panes in Cutcherries, ... . . . 490 29 May ,39. 82 “Some one on establishment to be made responsible for breakage, . . . . . . . . . . - “... . . . . . . . . . 3 3 y 3 3 3 5 y GENERAL TREASURY. The depository for securities deposited as pledge for perform. © ... ance of official duties, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653 22 Sept. ,45. 234 GOMASHTAHS (COMMISSARIAT). See PRICE CURRENTS. GOVERNMENT. Sanction of Govt. not necessary to enable an Assistant to hold sales, ... . . . 465 21 Aug. ,38. 62 To sanction advances of funds for constructing sluices in embankments, ... . . . . . . . . . . . . . 472 16 Oct. , 70 Sanction requisite for increasing aggregate expense of establishments, . . . . . . . . . . . . . . . . . . 599 || 10 Aug. , 42. 178 Reserve power to alter and revise any proceeding of any Authority not final by Law,. . . . . . 3 y 3 3 3 3 5 p. GOVT. AGENT AT SPECIAL COMMISSIONER'S COURT, New Rules for calculating fees, to take effect from 1 Aug. 1844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648 || 1 July ,45. 230 Agent to receive from Sp. Com. a certificate shewing amount due, or affording means of O calculating it,. . . . . . . . . . . . . . . . . . . . . . .e. . . . . . . . . . . . . . . . . . . . . . . y 3 35 33 5, 2 Fees to be allowed only in cases successfully conducted,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5 § 3 5 5 y Col. on being furnished with certificate to remit amount to Agent, . . . . . . . . . . . . . 33 3 y 3 y 3 y Holding the disbursement in inefficient balance, till adjusted as a law charge, . . . . . . . . . . . . 2 3 5 y 3 3 3 y English Bill to be submitted in duplicate, without letter, but accompanied by certificate, ... ,, 5 3 5 § 3 5. Rule of calculation—lakhiraj land to be rated at 6 as, and chur land at 3 as, per acre, . . . . . , 33 ,, 23 l And treble the amount to be assumed as value of suit, . . . . . tº e º 'º tº 3 y 55 y 3 3 3 If value not above 5000 Rs., fee to be 5 per cent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 3 35 3 y Above 5000 Rs., and not above 20000 Rs., on 5000 as above, and on remainder 2 per cent. ,, 9 3 5 5 } % Above 20000 Rs., and not above 50000 Rs., on 20000 as above, and on remainder 1 per cent. ,, 9 3 55 3 2 Above 50000 Rs., and not above 80000 Rs., on 50000 as above, and on remainder # per cent. ,, 35 95 3 5 Above 80000 Rs., fee to be 1000 Rs., the maximum allowance, . . . . . . . . . . . . . . . . . . . . . . 2 3 95 ,, . 232 Fractions of Rupees in valuing suit to be rejected, . . . . . . . . . . . . . . . . . . . . . . . 3 3 3.3 5 5 2 3 In cases of Iands held at in inadequate jumma same rule to be observed, . . . . . . . . . . . . 5 3 9 3 5 3 5 y Except that jumma already derived is to be deducted in computing value of suit, . 5 § 5 3. 3 3 5 5 Form of bills for fees Nos. l and 2 to be submitted in duplicate,. . . . . . . . . . . . . . . . . . . 655 | 15 Dec. , || 238 Conversion of local measurement into acres to be clearly shewn, . . . . . . . . . . . . . . . . . . . . . . . , 3 J. ,, . . . . Certificate of correctness to be signed by both Col. and C. R. . . . . . . . . . . . . . . . 3 5 5 5 5 5 5 y Bills to be submitted for sanction of S. B. R. before disbursing fees, . . . . . . 669 26 June ,46. 249 GOVERNMENT ESTATES. See KHAS MUHALS. O GOVERNMENT OFFICERS. See OFFICERS. G GOVERNMENT PLEADERS. Ablest Pleader in Moonsiffs' Courts to be selected by Govt. Pleader to conduct suits in Mofussil Courts, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616 14 July 43. 190 Responsible for law and style in proceedings connected with Govt. suits,. . . . . 686 29 May ,47. 283 Allowed a per centage in special cases on realizations of unexecuted decrees, .. 689 21 July , 286 To obtain copies on plain paper, of decrees or orders passed in Govt. suits, . . . . . . 703 || 9 Mar. ,48. 310 If appeal resolved on, authenticated copy on stamped paper to be applied for, 5 3 3 3 . 3 3 Responsibility attaching to delay in obtaining copies, . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5 5 3 3 3 3 Recommendations for removal or appointment to be submitted through R. L. A. . . . . 718 13 Nov. ,, 347 Feeling of subordination to R. L. A. to be encouraged,. . . . . . . . . . . . . . . . . . . 5 5 5 3 5 5 y 3 Col. and C. R. may appoint a wakeel temporarily to conduct Govt. suits, . 720 27 Jan. , 49. 348 When incumbent is disqualified by interest or connection with parties,. . . . . . . . . . . 3 5 5 2. 5 3 5 y Intimation of such appointment to be given to R. L. A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 y 5 5. 3.3 GOVERNMENT PLEADER AT SUDDER COURT. Mode of recovering fees due, 539 24 Aug. ,40. 119 To furnish receipt and memo. of amount due certified by Presiding Judge, . . . . . . . . . 35 3 * ,, . 120 Col. to remit the amount due thereupon without delay, . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 3 3 5 * 3 3 New rule. Fees to be calculated as for Govt. Agent at Sp. Com.’s Court, q.v., . 648 || || 1 July ,45. 230 Upon certificate of Register of Sudder Court,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 y 5 § > 5 Form of bill same as No. 1 for Govt. Agent at Sp. Com.’s Court, mutatis mutandis, . . . 655 15"Dec. ,45. 238 Bill to be submitted for sanction of S. B. R. before disbursement, . . . . . . . . . . . . . . . . . . . 669 26 June ,46. 249 GOVERNMENT SECURITIES May be received under Sec. 15, Act XII. of 1841, at value sufficient, if sold, to cover amount secured, . . . . . . . . Q. . . . . . . . . . . . . . 591 27 April A2. 160 Not a legal tender in payment of purchase money or any public demand, . . . . . . j 3 3 3 . 3 º' * INDEX. xxvii 2 le * to No. * ******"toº lºſſ toº lap to Gºd; 1943 to 620; 1844 to 635, 1945 to 655, 1816 to 678, 1847 to ºn, amº, º, . . . Receivable in deposit only to secure a certain amount when due. . . . . . . . . . . . . . . . . . . . . . . May be received by Cols, as security for payment of revenue from parties not proprietors, .. ,At any time before sunset of day preceding that fixed for sale, . . . . . . . . . e 2 Note or notes to be endorsed to Col. ". . . . . . . . . . . . . . And to be of sufficient market value to cover the arrear, . . . . . . . . . . . . . . . . . . . . . . . . . . . . lf arrear not liquidated before sunset, notes to be sold, . . . . . . . . . . . . . . . . . . . . . . . tº e And proceeds credited to Estate under Sec. 9, Reg. XII. of 1841, ... . . . . . . . . . . . . . . . . . . Revenue Authorities to see that consideration shewn to capitalists and others is not abused Or allowed to interfere with punctual realization of the revenue, ... . . . . . . . . . . . When pledged for performance of official duties by subordinates, to be lodged in General Treasury, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deposits by heads of offices direct to Govt. to be endorsed to Secretary to Govt. . . . . . . . Not returnable when so lodged without an order from Secretary to Govt. . . . . . . . . . . . . . Interest may be drawn in cash in Calcutta or by bill on Mofussil,. . . . . . . . . . . . . . . . . . . . . . Dº º revenue or judicial purposes, or for contracts for Supplies, not included in this rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest on deposits for performance of official duties may be drawn by public Officers, ... Of persons contracting with Dept. of Public Works to be lodged at most convenient Collectorate, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And returned on requisition of Executive Officer countersigned by Superintending Engineer, GOVERNMENT SUITS. See SUITS (CIVIL). GRANT (MR. J. P. Revenue Acctt.) His memo. advocating one Treasury and one Treasurer for each District, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The judicial Treasuries being abolished, and money paid by Col. upon Judge's order, .... Experimental trial of plan in some District near Calcutta proposed, . . . . . . . . . . . . . . . . . . . . Treasurers should have the appointment of Treasury subordinates, . . . . . . . . . . . . . . . . . . . . But the Treasury Accountants should be independent of him, . . . . . . . . . . . . . . . . . . . . . . . . GROUND RENT. A proper element of assessment and not to be confounded with mohturfa, which is a tax on trade and capital, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GUARDIANS Of wards of Court, to furnish hazir zamin, ............................ Proposition of Mr. Forbes to allow them to select their own wakeels, . . . . . . . . . . . . . . . . . . GUNGAJULLEE. Services to be dispensed with, with reference to provisions of Act V. of 1840, HALF JUMMIA. See SETTLEMENT. HAL TOWJEES. See TOWJEES and PERIODICAL RETURNS. HARWEST. Report on state of crops and prospects of harvest instituted,. . . . . . . . . . . . . . . . Minute investigation or complete accuracy not to be expected, . . . . . . . . . . . . . . O tº e º e º e e g But such general information as may be easily procurable, . . . . . . . . . . . . . . . . . . . . . . . Practice in Bombay Presidency described, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports to notice fall of rain, state of weather, progress of agriculture, and outturn of crops, Half yearly reports enjoined, ... . . . . . . . . . . . . . . . . . . Form of report, commencing from 1847-48, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First report to 31 Oct., to comprise outturn of bhadowee and khureef crops, with Indigo, .. Second to 30 April, rubbee crops and any produce grown in cold weather, . . . . . . . . . . . . . . Instructions relative to preparation of Return—1st column to shew Districts, . . . . . . . . . . . . Column 2 to specify in English the principal products harvested,. . . . . . . . . . . . . . . . . . . . . . Also principal crops on the ground to be reaped hereafter, . . . . . . . . . . . . . . . . . . . . . . . . . . Column 3 to mention mature of outturn, whether good or otherwise, . . . . . . . . . . . . tº tº ſº Column 4 to indicate state of weather, wet, dry, &c. and range of thermometer,. . . . . . . . . . Final column to shew the fall of rain, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return due within 6 weeks after each half year, or 15 July and 15 Dec.. . . . . . . . . . . . . . . . HAZIR ZAMIN To be taken frºm Record-keepers and their assistants, and guardians of minor wards of Court, . . . . . .”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HEAD CLERK Of Cols. To register fall of rain in Col.’s absence, . . . . . . . . . . . . . . . . . . . . To keep the thermometer and note the temperature thrice a day, . . . . . . . . . . . . . . . . . . . . . HEATHEN DEITIES. Names not to be affixed to revenue proceedings and processes, . . . . Order not applicable to petitions or papers presented by individuals, . . . . . . . . . . . . . . . . . . • y tº e s tº e s e s e No, 59 | 631 9 3 Date. , Page. 27 April , 42. | 160 16 July ,44. 201 3 5 3, p J } 5 3 3 3 3 * * * * * * * * e º & ºr e º s s p → • e º e º e º e º e 33 35 3 y 5 3 5 y 3 J 22 Sept. ,45. 234 5 3. 3 5 235 3 3 55 236 3 J. 3 J 3.5 22 May 46. 2's 13 April , 49. 357 59 J 3 3 J. 25 Feb. ,45. 217 32 3 3 3 y 35 3 5 3 * 3 y 2 3 3 3. 3 y 5 5. J 3 28 July ,41. 145 24 Sept. ,47. 298 3 June ,48. 320 15 April ,40. l l I 5 Feb. ,46. 242 5 y J 3 243 3 * D 35 5 y 4 May , 247 3 5. ,, . 248 1 April 47. 2% 3 3 3 J. 3 y 7 Mar. , 49. 332 5 5. 33 3 3 33 3 J. 3 J. 5 5 33 2 3 5 5 3 J. 3 3 53 53 353 24 Sept. ,47. 298 30 Sept , , 299 | 4 Dec ,, . 301 7 Sept. , 42. 182 22 3 y 5 y xxviii INDEX." " 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. ſº Q No. Date, Page. HOLIDAYS. Limitation of C. O. 28 March 1837, respecting trial of resumption cases when Civil Courts are closed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468 || 4 Sept. 38. 66 If parties voluntarily attend, suits may be tried,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 • 3 3 3 33 No coercion must be used during the great Mahomedan or Hindoo festivals, . . . . . . . . . 5 5 $ 3 3 y 5 3 Sales not to be fixed for days when Courts are closed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 | 19 Nov. 39. 99 Holidays referred to, are those specified in C. O. 20 June, 1837 as allowed by S. D. Adt., ,, 5 § 3 5 * 5 Summary suits may be decided when Civil Courts are closed, . . . . . . . . . . . . . . . . . . . . . . . . . 607 || 14 Dec. 42. 184 Col. to exercise a sound discretion in regard to dismissal of suits for non-attendance on such occasions, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 × 9 3 185 Postponement of sale on account of holidays does not affect date fixed for tender of pay- ment by sale Law, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 || 4 Sept. ,43. 191 In Revenue Dept., same as in judicial offices. List of holidays in 1849, . . . . . . . . . . . . . 739 || 1 June 49. 362 List differs from that of Sudder Court only in shorter period being allowed for Dusserah * * and Mohurrum, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 J. y 3 3 J. J. P. Proposal to circulate a similar list annually, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 35 j 3 J 3 HOOKAMEE TENURES. Less than 100 Beegahs in a permanently settled Estate, escheat to Govt. on death of lakhirajdars without heirs,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 || 23 Jan. ,38. 24 But enforcement of right deemed inexpedient, * * * * * * * e º e º e º e º sº e º e g º gº tº e º e s e º & © a ge * 3 3 y 55 3 5 Not liable to resumption if less than 100 beegahs situated in a permanently settled Estate, 466 25 Aug. ,, 65 Rule X. of Rules for settlement rescinded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 16 April ,39. 78 Report required of parties excluded from settlement under rescinded Rule,. . . . . . . . . . . . . . . . 53 2 3 5 3. INDENTS For pluviometers called for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695 || 30 Sept. ,47. 298 Also for thermometers,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698 || 14 Dec. , 300 For stationery. Maximum scale for checking indents of public Officers, . . . . . . . . . . . . . . . . 774 19 Feb. , 50. 403 For lithographed registers. Not to exceed one year’s consumption, . . . . . . . . . . . . . . . . . . S23 27 Aug. ,, 462 For thermometers and pluviometers to be forwarded direct to Military Board, . . . . . . . . . . . 832 29 Oct. , || 491 INDEPENDENT CHIEFS. Title to hold land rent-free not lightly to be called in question, 537 | 12 Aug. ,40. 116 Investigation when mecessary to be made by Political, not Revenue Officers, . . . . . . . . tº º º 3 y 5 * 3 3 3 y INDEX OF CORRESPONDENCE Of Cs. R., revived, . . . . . . . . . . . . . . . . . . . . . . . . . 683 || 14 May ,47. 274 Reasons for revival and benefits expected therefrom, . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 5 y ,, . 275 Directions—Entries to be numbered in sequence, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 33 5 5 3 J. Subjects to be stated with perspicuity, and if possible connectedly, . . . . . . . . . . . . . . . . . . . . . , 3 y y 9 5 y Cases how disposed of, to be indicated, . . . . . . . . . . . . . . . . . . . . . . tº tº e º 'º e º 'º e º ſº tº e º & Cº º º 33 ' ', 3 3 5 J Letters of mere form need not be entered, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 3 3 5 5 p. To be dispatched within 20 days after close of quarter, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) , 3 y y 5 3 y Uncovenanted Assistant responsible for correctness, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 J 2 5 y 5 5 Form prescribed with examples in illustration of directions, . . . . . . . . . . . . . . . . . . 95 . 5 5 ,, 276 Directions for abbreviating, by excluding mere matters of form, . . . . . . . . . . . . . . . . . . . . . . . 699 || 6 Jan. ,4S. 301 Also correspondence relating to Stamps, Opium, Abkaree and the like, • e e s e s e e ] 3 y 3 3 3 3 9 3 And subjects which must from their nature come before S. B. R. . . . . . . . . . . . . . . . . . . . . 3 3 9 3 » When orders are issued in native language, purport to be stated in English, . . . . . . . . . . . . . ,, 5 5 5 5 9 3 Cases relating to lawsuits need not be entered, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746 || 17 July ,49. 374 Order to exclude trifling matters repeated, . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 3 5 5 5. 5 5 Name of District to be inserted on top of each page, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 784 || 2 April , 50. 432 INDIVIDUALS Entitled to surplus sale proceeds or other money, not permitted to leave the amount in the Treasury, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556 25 July ,41. 133 But notice to be served on them either to receive the amount or to state their wishes, . . . . 3 5 3 3 5 § 3 5 INEFFICIENT BALANCE. Acctt. to report half yearly unadjusted items of old standing, 800 | 11 June , 50. 445 With a view to adjustment in mode described in para. 3 of C. O. 9 Jany. 1837, . . . . . . . . . ,, 5 § 3 3 3 y Delay in effecting adjustment censured, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 y 9 3 INTEREST On sums already remitted by competent Authority may be remitted by S. B. R., 529 || 6 May ,40. 112 On sums ordered to be refunded, when delay occurs, chargeable to officer to whom the Gr delay is attributable,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 722 | 22 Feb. 49. 350 Notice to be given to parties to apply on pain of forfeiture of interest, . . . . . . . . . . . . . . . . . . 5 3 5 5 3, a 3 y INVALID JAGHIRES. Settlements may be confirmed by Cs. R. . . . . . . . . . . . . . . . . . . . . 419 22 Dec. ,3%. 13 , TN DEX. xxix } e M ) 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 603; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 608; JAGHIRES Of Invalid Soldiers. See INVALID J A GHIRES. Junº On settlement of Govt. Estates, adjusted jumma to supersede the jumma on the OWJ99, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The permanently settled jumma being ºnserted in red ink on the margin, . . . . . . . . . . Estimated and conjectural jummas to be superseded by actual jummabundees, Abatement may be sanctioned by S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of Estates proposed to be partitioned, to be moted in Returns of Butwarrah Establishments, JUMMABUNDEE. Directions for framing, in Muhals under khas management, . . . . . . . . General rules for framing ryotwaree junamabundees, . . . . . . . . . . . . . . . . . . . . . . . & Yearly revisions necessary in Muhals held hustabood, with adjustment for year past, . . . . . . Separate papers to be prepared, one shewing land actually tilled and demand, . . . . . And the other, land and jumma engaged for for the ensuing year, . . . . . . . . . . . . . . . . . . . .” When jummabundee is altered, new engagements to be interchanged, . . . . . . “Papers to be prepared by 15th Bysack, if not earlier, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returns to be tested and measurements made, if deception is suspected, ". . . . . . . . . . . . . . . In extensive Estates, two or three Muhals may be selected for scrutiny, . . . . . | If regularly settled before, settlement papers to be the foundation of khas rental, . . . . . . . . Unless owing to subsequent changes, enquiry village by village should be needful, . . . . . . . . KHARIJ DAKHIL. See DAKHIL KHARIJ. KHARIJ JUMMA GRANTS Not exceeding 100 beegahs in permanently settled Estates— Discussion on the subject, . . . . - Question stated—whether they come within meaning of Sec. 6, Reg. XIX. of 1793, . . . . . . Mr. Sp. Depy. Col. Reid’s opinion respecting them, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opinion of Mr. Bignell Deputy Suptdt. and R. L. A. . . . . . . . . . . . . . . Messrs. Tucker and Mangles' opinions, . . . . . . . . . . . . . . . . . . . . . . . . . . Notices of them occurring in correspondence, . . . . . . . . . . . . . Opinion of S. B. R. that resumption officers cannot interfere, . . . . . . . . . Concurrence of Govt. in this opinion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KHAS MUHALS. Management to be reported separately from that of resumed Muhals, .. To be surveyed by a Surveyor or a native ameen, and boundaries marked, . . . . . . . . . . . . . . A sufficient number of Muhals to be placed under superintendence of a Depy; Col. In quarterly settlement Returns, Khas and Resumed Muhals to be distinguished, . . . . . . . . Rule I. of Rules fºr resumption passed on 17 Augt. 1840 applicable to Khas Muhals, . . . . Farmers to be debarred by express stipulation from prosecuting suits for tenures referred to in Rule I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revised jumma to take the place of permanently settled jumma on the Towjee, .. Accounts to be relieved of khas balances to 1246 B. S. . . . . . . . . . . . . . . . . . . . . . And those of 1247 to be written off before preparation of Returns for 1841-42, ... . . . . . . . Demand framed on jummabundee to be distinguished in Operation Returns from those merely conjectural, • e = e º e s - ... s. v . a = e s e a • * * * * * * * * * * * * * Balances older than a year may at once be struck off as irrecoverable,. . . . . . . . . . . . . . . . . . Except in special cases, on grounds to be shewn by local Officers,. . . . . . . . . . . . . . . . . . . . . . Estimated jummas to be superseded by actual jummabundee, . . . Jummas to be revised, and revision confirmed by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report to S. B. R. and Govt. of completion of work,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs. R. competent to write off uncollected khas balances under C. O. 9 Feb. 1842, . . . . . . Gross collections in excess of Towjee jumma to be credited at once as surplus collections, … Charges of collections not exceeding iO per cent, being deducted on bills passed by Cs. R. Registration Statements prescribed in 1833 to Cols., dispensed with, . . . . . . . . . . . . . . . . . . RULES FOR MAN A.GEMENT AND SUMMA RY SETTLE MENT, . . . . . . . . . - - - - - KHAS MUHALS. Police of. See POLICE. KHAS MUHALS NOT ON TOWJEE. See MUHALS NOT ON THE TOWJEE. KHAS MUHALS. Under tenures in. See SHIKMEE MUHALS. KHAZANCHEES. See TREASURY. e - e. e. e. e. e. e. e º ºs º º e º e º dº e e e º e º e º e e 1848 to 719 ; 1849 to 763; 1850 to 843. No. Date. Page. — — 2– - | 548 21 Oct. i l 28 5 5 3 3 586 9 Feb. , 42. 157 599 || 10 Aug. ,, l 74 612 10 Mar. , 43. 18S 838 19 Nov. , 50. 495 55 x 3 3 y 49S 35 3 3 5 5 | 5() 1 3 5 5 J J 3 5 5 3 3 3 3 3 y 35 33 3 5 5 5 33 3.3 5 y 3 5 | 3 y 3 3 5 3 3 3 3 y 5 J } y. 3 J. 3 y 3 y 3 3 33 3 3 33 3 3 3 3 3 3 507 8 Oct. , 39. 94 33 5 3 3 J. 95 5 5 3 3 y 5 3 3 5 y 3 3 3 3 y 3 5 5 x 3 33 96 3 3 3 3 3 3 3 3 3 3 3.3 J 3 97 5 y 5 3 5 5 5 y 429 || 23 Jan. , 38. 22 y 3 5 y 33 23 24 531 || 3 June ,40. l 13 542 | 16 Sept. , 121 5 * ,, . 122 548 21 Oct. , , 128 586 9 Feb. 42. 155 3 5 33 J. J. 3 J 33 3 3 3 3 2 3 l 56 3 5 3.3 33 3 5 $ 2 3 3 3 y l 57 33 3 3 3 3 J / 3 × 5 y 33 2 3 550 27 April . 160 594 | 11 May , | 164 6és 20 June 45. 249 838 19 Nov. , 50. 495 KHOODK HAST RYOTS. Their claims to be, investigated in forming jummabunde Khas Muhals, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s e e e s e a e e s - C -> * H e of 838 || 19 Nov. ,, 498 XXX INDEXA 6. 1837 to No. 419 ; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 08; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. No. Date. Page. KHUSR.E.H RULES. See SURVEY. t - • KHUSREH MAPS. Two copies to be made on English paper for Col. and S. B. R. . . . . . . . 829 || 8 Oct. ,50. 475 Of Pergunnahs completed, to be bound and arranged, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 J. 5 3. 3 3 5 ° These maps required for carrying out provisions of Act IX. of 1847, . . . . . . . . . . . 35 5 5 5 5 3 Original maps to be retained in office of Superintendent of Survey, . . . . . . . . . . 3 y 3 ſº ,, . 484 'A pattern plan and extract from chittah forwarded for instruction of Ameens, tº ſº e º ſº º 3 3 5 3 5 5 5 3 Maps to be inspected when Muhals measured by khusreh come to be settled, . . . . . . . . . . . . 843 26 Dec. , 515 Otherwise new ones to be prepared by, Ameens as in Survey Dept. . . . . . . . . . . . . . 3 J. 3 5 5 3 2 3 KIST. See KISTBUNDEE. KISTBUNDEE. Misconstruction of C. O. 8 Nov. 1836 noticed, . . . . . . . . . . . . . . . . . . . . . . . 439 || 27 Mar. ,38. 30 Demand of consolidated kists not to anticipate original kistbundee, . . . . . . . . . . . . . . . . . . . . . , 3 5 5 5 3 3 Practice in Moorshedabad described, where arbitrary demands were el.forced by sale,. . . . . . $ 2 S 3 2 3 2 3 Instructions issued to Col. of that District by C. R. in consequence, . . . . . . . . . . . . . . . . 5 s 3 3 5 3. 31 Where proprietors paid 10 Rs., payment can be enforced only at end of the year, . . . . . . . . . , , 3 J. 5 5 3 J. Where they paid 50 Rs., first kist to embrace portion due on a given date according to original kistbundee, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 5 p. 3 3 33 Where they paid 100 Rs., portion due up to the time by the original engagement to be called for, not the exact third part, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 5 3 9 3 33 Of Muhals in arrear under mew Sale Law to be reckoned according to settlement, and not according to English months, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579 || 6 Oct. ,41. 148 Practice in this respect prescribed by Resolution of Statements Committee (C. O. 27 July 1836, No. 35) not to be followed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 y 2 3 y 25 Pottahs of ryots in Khas Muhals to specify kists for payment of rent, . . . . . . . . . . . . . . . . . 838 19 Nov. , 50. 499 When ryots are men of substance, few kists necessary; many, when they are poor, . . . . . . 2 3 5 5 ,, 500 In general not less than four kists necessary, nor more than eight, .. * tº ſº e º 'º e 3 3 3 5 3 x Kists may be fixed in Srabun, Kartick, Poos and Falgoom, . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. 5 y 5 5 5 y KITTOE (CAPT.) To be assisted in his archaiological researches, . . . . . . . . . . . . . . . . . . . . | 706 28 Mar. ,48. 315 KORANEE MOOLLAH. Services not required with reference to Act W. of 1840, . . . . . . 527 | 15 April ,40. l l i KUBOOLEUTS. Interchange of pottahs and kubooleuts with ryots in Khas Muhals recommended, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838 19 Nov. , 50. 497 KUDEEMEE RYOTS, Their claims to be investigated in forming jummabundee of Khas Muhals,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 5 3 3 3 498 LAKHIRAJDARS. To be settled with for resumed Muhals, . . . . . . . . . . . . . . . . . . . . . . . . . 429 || 23 Jany. , 38. 22 Dying without heirs, their hookamee tenures less than 100 beegahs in a permanently settled Estate, escheat to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43() 5 3 3 3 24 But enforcement of right not considered expedient, . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 y 3 ) * 5 3 y Entitled to settlement of resumed rent-free lands at half rental jumma, . . . . . . . . . . . . . . . . 508 18 Nov. , 39 9S Of badshahee tenures not to be excluded from settlement under Rule IX., except for forgery with fraudulent intent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535 | 29 July 40. 15 Settlements at full rates of resumed Muhals made since 5 May, 1825, to be adjusted on half # , rental principle, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538 || 12 Aug. ,, l l 7 Provided the lakhirajdars or their heirs continue in possession, e & s & & © tº $ tº G & º is e º g tº e s sº 3 9 5 y 3 3 3 J If settlements not finally confirmed, entitled to refund of difference between full and half jumma, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • sº e e s e a e e º e s w = e º e º 'º e e º a e e e 3 J. 5 y y 3 | 19 But retrospective adjustment disallowed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 5 y 5 3 y If in possession of gent-free lands more than 30 years, case to be reported for orders of Govt. 542 16 Sept. , 123 LAKHIRAJ TENURES. When revenue of rent-free lands under 100 beegahs is adjudged due to the State under Secs. 6 and 9, Reg. XIX. of 1793, the jumma to be included in assets of the Estate to which they belong, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 22 Sept. ,37. 6 Ruies for determining whether in such cases the revenue belongs to Govt. or not, . . . . . . . . . 467 25 Aug. ,38. 63 Tenures of this description liable to assessment as much as any other, . . . . . . . . . . . . . . . . J. J. 35 3 2 3 y But revenue belongs to the person responsible for the permanently settled Fstate in which they are situated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 3 J. 3 J. J. P. Claim to assess when so situated not to be prefered before Sp. Depy. Col. on the part of Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 3 3 3 3 53. But must be brought by Zemindar or dependent talookdar, as the case may be, . . . . . . . . . . 64 X ) INDEX. xxxi } *— - - - - - - - - ?– r- ºr 1837 to No. 419 ; 1838 to 481 ; 1330 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 763; 1850 to 843. And tried under Sec. 30, Reg. II. of 1819, with the exception described in Sec. 5, Reg. III. of 1828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If leases have been granted, farmer entitled to revenue during lease, . . . . . . . . . . . . . . . . . But even in such cases, Sp. Depy. Col. may resume on account, of Govt. . . . . . . . . . . . . . . . Recording in his proceedings that nothing can be claimed till expiry of lease,. . . . . . . . . . . . Circumstances of rent-free badshasee tenures not exceeding 100 beegahs different,.... . . . . Such tenures liable to assessment at suit of Govt., though situated in a permanently settled Estate, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º 'º e is e s tº * > Question whether land mentioned in sunnud or found by measurement, whether the Govt. or the Zemindar is entitled to revenue, . . . . . . . . . . . . . . . . . . . . . . . . Decided by Govt., in concurrence with S. B. R., that the sunnud rules the point, . . . . . . . . If sunnud specify more than 100 beegahs, Sp., Depy? Col. may resume, . . . . . . . • • • * * * * * * If less, but lakhirajdar is in possession of more, Zemindar entitled to quantity specified in Sunnud, ond Govt. to the excess, if not included in permanent settlement of the Estate, is to determine Explanation of intent of Cl. 1, Sec. 3, Reg. II. of 1819, . . . . . . . . . . . . . . . . . . . . . . . . . . . All land not included in decennial settlement liable to assessment of whatever extent,... . . . If not since settled, or not held under valid rent-free title, . . . . . . . . . . . . . . . . . . . . . . . . . Tenures not royal not liable to assessment solely on ground of want of authority on part of grantor, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If cases decided on this principle, review of judgment to be applied for, . . . . . . . . . . . . . . tº e But not if other valid reasons were also adduced, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tenures not exceeding lo beegahs of which the proceeds are devoted to religious or charitable objects, may be exempted from assessment, ... s e º & º Tenures held by Independent Chiefs to be tried by Political Agent, not Revenue Officers, . . RULEs For TRIAL of RENT-FREE TITLEs PAssed BY SUPREME Govt. ON 17 AUGT. 1840. I. No suit to be maintained for lands not exceeding 10 beegahs held rent-free since 1st Dec. 1790,. . . . . . . . . . . . . . . . . . . . . . . . . . . . e. e. e. e. e. e. e. e º a s = e º 'º e º e < * * * * * * * * * * * * * * Except in Chittagong, Sylhet and Cuttack, unless produce is applied to religious purposes, In Cuttack, proof of rent-free possession not to be required beyond 14 Oct. 1803,. . . . . . . . II. Orders of S. B. R confirming rent-free tenure final, . . . . . . . . . . . . • ‘º e º e º 'º a º Certificate of relinquishment to be granted to holder of the lands, . . . . . . . . . . . . . . . . . . . l'II. Farmers of Khas Muhals to be precluded by express engagement from instituting suits for tenures referred to in Rule I... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV. If produce of lands of whatever extent is applied to religious or public purposes, report to be made for orders of Govt... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. Successions since Aug. 1765, if proved, sufficient to establish hereditary nature of tenure, Or in absence of actual proof, strong presumption may be held sufficient, . . . . . . . . . . . . . ; VI. When produce is applied to purposes of a permanent nature, grant to be so construed, though perpetuity should not be expressly asserted, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But if provision for one or more persons is specified, grant held to be for lives only, . . . . . . VII. In Cuttack, party in possession since 1803 to retain possession for life, . . . . . . . . . . . . Resumption being prospective on decease of incumbent, . . . . . . . . . . . . . . . . . . . . . . . . ; VIII. When lakhirajdars have enjoyed produce for 30 years, case to be reported for orders of Govt... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But settlement under the decree need not be delayed by reason of reference, . . . . . . . . . . . IX. In badshahee tenures, Govt. Officer to prove non-possession of grantee during supre- macy of grantor, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'; ' ' ' ', ' ' ', ; , , , . . . . . . In cases of uninterrupted possession since 12 Aug. 1765 for Bengal, and 1791 for Cuttack, Subsequent resumption, if alleged as a ground for resumption, to be also proved by Govt. Officer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X. Claim on ground of non-registration not to be urged, except where registers exist, .... Other conditions debarring plea,of non-registration as a ground of resumption, . . . . . . . . . XI. Rent-free title not to be questioned on sole ground of non-specification as such in registry, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " XII, Rules to be understood as declaring principles to be observed in prosecuting claims,. . Deviation therefrom may be remedied by appeal to Os. R. S. B. R., or Govt. . . . . . . . . . . 467 } } 480 Date. J 25 Aug. , 38. > y 3 5 3 3 33 3 3 5 y 33 35 3 3 3 3 2 3 5 y 3 3 3 3 3 3 J 3 5 y 3 3 3 5 3 × 3 3 3 3 3 3 j 3 asp 27 Nov. ,, 3 3 3 3 3 3 3.3 14 Mar. ,40. } 3 J. 12 Aug. , 16 Sept. , 3 5 3 y 5 3 3 3 33 3 y 3 J. 3 y 3 3 5 3 y 3 3 y 3 3 5 y 3 3 33 º }} y 5 3 5 y 3 3 3 3 J. 3 y 3 J. 3 3 3 3 33 3.3 33 3 J. 3 J. 3 y 3 y } % 2 3 3 3 3-3 y 3 2 3 3 3 3 5 3 3 }} 3 × Page. 64 3 3 xxxii - INDEX. . 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. No. |Date. Page, XIII. Settlement of resumed lakhiraj tenures to be made with holder at half jumme, .... 542 16 Sept. , 40. 125 Boon extended to resumed lands settled since promulgation of Reg. IX. of 1825, . . . . . . . . . , 3 3 3 3 3 * Except in cases where tenures have changed hands by sale, . . . . . . . . . . . . . . . . . . . . . . 3 3 5 3 3 5 5 3 Purchased Estates to be restored to proprietcrs, with settlement at half jumma,. . . . . . . . . . . , 3 3 5 3 3 y XIV. Rules to be in force from 14th Oct. 1839, and deviation reported for orders of Govt. , 5 3 5 5 * 3 Strict observance of Rules I. to XII. enjoined on Sp. Depy. Cols. . . . . . . . . . . . . . . . . . . . , 5 y ,, . 121 And early report on cases requiring orders of Govt. under Rules IV. and VIII. . . . . . . . . . . . ,, , , 5 5 3 3 Rule I. applicable to Govt. Khas and resumed Muhals, . . . . . . . . . . . . . . . . . . . . . . . Such cases to be reported under Rule II. along with settlement, or separately, . . . . . . . . . . Reference to C. O. 12 Aug. 1840 as containing detailed instructions relative to Rule XIII. , 3 5 ,, . . But with reference to Rule XIV., 14th Oct. 1839 to be substituted for 1st May 1840, . . . . . , 3 3 3 5. Form prescribed for Sp. Depy. Col.’s report on cases under Rule I... ........ . . . . . . . . . . . . . 559 || 2 Mar. ,41. 135 Report not to include cases in which claim to assess is in itself untenable, . . . . . . . . . . . . . . 3 3 2 3 5 y 3 y Forms of sunnuds of cases relinquished in course of settlement, and of cases reported by Sp. Depy. Cols.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * . e. e. e. e º e s tº e º a e º e s e 5 3 5 5. 3 5 136 Rent-free lands less than 50 beegahs in one Mouzah not to be resumed, identified or settled, 564 28 April , || 140 Necessity of identification of tenure before decision depends on mature of case, . . . . . . . . . . 587 23 Feb. , 42. 157 If lakhirajdar admits possession and defends the suit, lands may be presumed to be really held rent-free, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 y 3 3 3 And in such cases previous local inquiry will not be necessary, . . . . . . . . . . . . . . . . . . . . . . . . . , • , , , 3 J If no title-deeds, yet claim of Govt. be admitted, caution is needful, . . . . . . . . . . . . . . . . . . 5 3 33 33 158 In such cases local inquiry as to possession before decision is advisable, . . . . . . . . . . . . . . . . . .” 5 5 3 3 3 3 In undefended cases, local investigation absolutely necessary before decision, . . . . . . . . . . . . 3 5. 5 3 5 * 3 3 Entry in taedad insufficient of itself without local inquiry, . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 y 3 3 ) 5 y “Identification” construed to mean ascertainment of existence of tenure and possession, .. 3 × 35 5 5 3 3 But measurement or ascertainment of boundaries prior to decision not required,. . . . . . . . . . When any lands are relinquished under 50-beegah order, they are not to be included in settlement of rest of tenure,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 || 4 July ,45. 225 Discussion on the subject, and decision of Govt. for exclusion,. . . . . . . . . . . . . . . . . . . . . . . . 33 2 3 ,, . 226 Lakhiraj when resumed, to be rated at six annas per acre in calculating fees to Govt. Agent º at Sp. Commissioner's Court, . . . . . . . . - ... . . . . . . . 648 l l ,, ,, . 231 No new resumption suits to be brought without prior sanction of S. B. R. . . . . . . . . . . . . . . 662 24 Mar. ,46. 245 Cs. R. to examine files of subordinates personally, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Putting a stop to proceedings where primâ facie evidence of right to assess does not exist, ... ,, , C. O. 24 March 1846, explaimed to refer only to lakhiraj cases, . . . . . . . . . . . . . . . . . . . . . . . 671 || 23 July , 250 And not to cases under Sec. 30, Reg. II. of 1819, or to chur cases,. . . . . . . . . . . . . . . . . . . . 3 3 3 3 Tenures in resumed Estates to be disposed of under Reg. IX. of 1825 and III. of 1828, ... 843 26 Dec. , 50. 522 3 y 3 3 3 3 5 3 And in Goºt. Estates under Sec. 30, Reg. II. of 1819, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 * 3 3 3 3 3 9 In the case of resumed Muhals, motice to be served under Cl. 2, Sec. 5, Reg. IX. of 1825, , 5 5 5 3. 5 3 The rules of 17 Aug. 1840 being also observed,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 3 3 3 x , » LANGUAGE Of Record. See RECORD. LAW CHARGES When irrecoverable, may be adjusted under authority of S. B. R. . . . . 599 || 10 Aug. , 42. 177 Modification of 27th Rule of Practice. Cs. R. may sanction disbursements to carry on suits, 806 || 5 July ,50. 449 Power of remitting irrecoverable advances being reserved by S. B. R. . . . . . . . . . . . . . . . . . . 3 3 3 2 3 3 3 3 Expenses of suits to be brought to account under head of Law charges, ... . . . . . . . . . . . . . . . , 3 3 5 5 3 3 For items above 50 R.S., Sanction of Cs. R. to be applied for, . . . . . . . . . . . . . . . . . . . . . . . . J 5 5 y 5 y 450 Items below 50 Rs, will be included in monthly bills for countersignature of Cs. R. . . . . . . 3.3 2 3 » . . To be charged, when passed, under head of Law charges,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 J. 3 3 3 y Letter of sanction and countersigned bills to be forwarded with Treasury Accounts as t vouchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 ... x 5 3 5 3 y Col. to keep a register of cases decreed with costs in favor of Govt. . . . . . . . . . . . . . . . . . . ,, º, 3 y y 9 Sending transcripts monthly to R. L. A. for his general register, .... . . . . . . . . . . . s.. 3 3 33 3 5 3.2 And quarterly statements shewing recoveries and remissions under authority, ... . . . . ... 3 3 3 5 3 5 3 2 R. L. A. to bring delay in adjustment to notice of Cs. R... . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 9 3 5 J 33 Reporting officers if necessary to S. B. R. . . . . . . R. L. A. to furnish Accountant with abstracts of quarterly statements, ... . . . . . . . . . * & e º e 5 5 33 " ' ', © tº & © e º e º 'º º e º e º e e 3 J. y 5 5 J . 3 5 ) , ' ' INDEx. xxxiii ') ') 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 763; 1850 to 843. In order to Treasury Accounts being duly checked, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposals for relinquishing sums decreed to be submitted for orders of S. B. R. . . o Audit necessary for admitting Law charges in Treasury Accounts, . . . . . . . . . . . . . . . . . . . Term “irrecoverable advances” in C, O. 5 July 1850 explained, ... . . . . . . . . . . . . . Sums demandable under decrees of Court being intended thereby, . . . . . . . . . . . . . . . . . . . . No alteration intended in authority necessary for charging sums decreed against Govt. .... LAW SUITS. See SUITS (CIVIL). LEASES. See SETTLEMENT. p ſº Jº LEGAL REMEMBRANCER. S. B. R. in capacity of Suptdt. and R. L. A. to instruct Cs. R. on matters connected with Govt. Suits, . . . . . . . . . . . . . . . . . . . . . . . . . . . tº gº tº e To be consulted before an appeal is lodged in Zillah Çourt, . . . . . . . . . . . . . . . . . . . . . . . And in matters relating to the conduct of suits generally,. . . . . . . . . . . . . . . . . . . . . . . . . . . . To be the zhannel of communication in proposals for removal and appointment of Govt. Vakeels,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a . . . Giving S. B. R. the benefit of his opinion on such occasions. . . . . . . . . . . . . . . . . To be apprised of temporary appointment of Wakeels to conduct suits, . . . . . . . . . . . . . . . . When the incumbent is disqualified by interest in suit, or commection with parties,. . . . . . . . To bring to notice delay on the part of Cols. in adjusting costs of suits and awards, . Also to furnish Acct, with abstracts of quarterly statements received from Cols. LETTERS. See CORRESPONDENCE. LITHOGRAPHED FORMS Not to be indented for from the Press when less than 10 copies are required, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Except for Periodical Returns, of which there is always a store, . . . . . . . . . . . . . . . . . . . . . . Inconvenience caused by immaterial variations in forms and size of paper tº º ºs º ºs e º e e Suptdt. of Press directed to observe prescribed size in supplying Indents, ... . . . . . . . . Of Returns established by mew Rules of Practice circulated, . . . . . . . . . . . . . . . . . . . . . . . . . . To be used for bills for fees to Govt. Agent at Sp. Com.’s Court and Govt. Pleader at Sudder Court, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , No new forms to be adopted without previous sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . Specimens of forms in use of Periodical Returns and other statements carefully docketed, 'called for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment of useless forms by Cols, to be at once prohibited, . . . . . . . . . . . . . . . . . . . . . . S. B. R. propose to prescribe forms generally applicable, ... . . . . . . . . . . . . . . . . . . . . . . . . . LITHOGRAPHED REGISTERS. See REGISTERS. LOCAL AGENTS. application of heads of community, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Two Mussulmams and two Hindoos to be associated with official Agent, . . . . . . . . . . . . . . . . List of members of each agency called for, with opinion on proposition to pay for their s}rvices, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOTS To be called on in regular sequence at revenue sales,. . . . . . . . . . . . . . LOTBUNDEES. See ADVERTISEMENTS OF SALE. LUSHINGTON, MR. C. H. (Suptdt. of Behar Survey). His report on system followed in Behar, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MALIKS Of hookamee tenures debarred by law from settlement, not entitled to compen- sation, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MALIKANA. See also SETTLEMENT. New rule for grant of malikama to lakhirajdars in supersession of hookamee and badshahee 'rules, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If enjoyed for 12 years, or a well founded claim has been preferred in Court, party claiming entitled to 10 per cent. on met rental, e ſº Charge to be borne in proportionate shares by the State and the lakhirajdar, . . . . . . To disseised proprietors in Estates khas or farmed may be sanctioned by Cs. R. 10 per cent., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarjerly Return of malikama sanctioned by Cs, R., instituted, . . . . . . . . . . . . . . . . . . . . May be paid to separate receipts of proprietors if joint receipts are not procurable, . . . . . . In proportion to shares recorded in quinquennial Register, . . . . . . . . . . . . . . . . . . . . . . . . . . I • * * • e s a e e e s = e e º ºs e e s e < * * * * * * * * * * * * * * * * * * * * * * within Interference by Govt. Officers with endowments forbidden, except on No. 806 sis J. J. 3 J. 599 678 686 7 18 730 866 567 539 604 655 73 l 3 3 95 : ; º 5 12 No. 1 519 449. 502 599, Date.” 5 July 50.7 6 Aug. 10 Aug. 4 Dec. 29 May 13 Nov. 27 Jan. 5 Júly 9 June 10 Aug. 26 Oct. 15 Dec. 10 April 6 Nov. 22 Decº } 6 Dec. ,50 33 3 y ,38. ,40. ,39. Appendix. 26 Feb. 29 May 21 Aug. 10 5 y. 2 July 93 ,40. ,38. ,39. Page. 450 457 73 130 22. 101 104 xxxiv. INDEX. 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635 ; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. No. Date. Page, If right is disputed, payment to be withheld till decision of Court, . . . . . . . . . . . . . . . . . . . . . 805 || 2 July , 50. 449 MALZAMIN To be taken from Treasurers, nazirs, tehsildars and surburakars,. . . . . . . . . . . . . 694 | 24 Sept. ,47. 298 MANAGEMENT Of khas and resumed Muhals to be reported separately,. . . . . . . . . . . . . . . . . 429 || 23 Jan. ,38. 22 Of Khas Muhals. See KHAS MUHALS and SETTLEMENT. - MANGLES, MR. R. D. (Member S. B. R.) His opinion respecting kharij jumma grants not exceeding 100 beegahs in permanently settled Estates, . . . . . . . . . . . . . . . . . . . . . 507 || 8 Oct. ,39. 96 MAPS AND PLANS. See THUKBUST MAPS, KHUSREEI MAPS, and SETTLE- MENT. tº t MASTERS Of vernacular schools. To keep registers of number of boys and daily attend- 8DC6, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636 28 Jan. ,45. 207 Furnishing monthly returns to Cols, and annual report of classes and progress, . . . . . . . . . . . , 3 3 3 * 3 * May have rewards from schooling fees for diligence and success, . . . . . . . . . . . . . . . . . . . . . . 658 29 Jan. ,46. 241 Rules for appointment—nomination by Cols. . . . . . . . . . . . . . . . . . . . . . . . . 660 | 9 Mar. , 243 Subject to confirmation of Cs. R. . . . . . . . . . . ; 3 y 3 5. 3 J. 32 Cs. R. to determine grade and salary,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 25 ,, . 244 But salary bills to be signed and forwarded for audit by Cols.. . . . . . . . . . . . 3 y 53 5 5 5 y Expense chargeable to General Education Fund, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 § 3. 9 3 5 y Orders of S. B. R. sanctioning rewards to be forwarded to Acctt. in original, as vouchers,.. 812 | 16 July ,50. 454 MEASUREMENT. Bengal beegah of 14400 square feet to be the standard, . . . . . . . . . . . . 763 || 23 Nov. , 49, 393 Tables circulated shewing conversion of acres into beegahs, and vice versä, . . . . . . . . . . . . . 769 | | | Jan. , 50. 397 In Survey Dept. Ropes and poles to be superseded by chain and compass, . . . . . . . 829 || 8 Oct. ,, 477 In settlements. Chains of 30 feet to be used unless bamboos are preferred, . . . . . . . . . . . . 843 26 Dec. , 512 Local measurements superseded by standard beegahs or acres,. . . . . . . . . . . . . . . . . . . 5 J 9 3 ,, 5 13 Calculations in measuring by beegahs with chains or poles, . . . . . . . . . . . . . . . . . . . . . . . . . . , 53 5 5. 3 y Mode of throwing the poles and pitching the pins exemplified, . . . . . . . . . . . . . . . . . . . . . . . . , J. J. ,, 514 Adaptation of acres to Bengalee denominations of measurement, . . . . . . . . . . . . . . . . . . . . 3 3 5 3 3 y 3 3 No one unacquainted with mensuration to be employed as an Ameen, . . . . . . . . . . . . . . . . . . 9 3 $ 3 3 3 3 y Measurement (if no previous khusreh) to be field for field, . . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 5 ,, . 515 But contiguous fields held by same ryot may be measured as one plot, º º ſº e 3 3 3.5 3 3 3.- Chittahs to be carefully preserved, to be of use in future settlements, . . . . . . . . . . . . . . . . . . 9 3 3 5 3 5 5 3. Testing to be performed by settling Officer, . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 ,, . 517 Who will record the results of his scrutiny, . . . . . . . . . . . . . . . . . 5 3 35 3 5 5 y Complaints of incorrect measurement to be enquired into, . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 9 3 ,, . 518 Re-measurement to be made if error is more than 10 per cent,... . . . . . 33 5 5 3 y 5 5. Unless it can be otherwise remedied, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 3 y 3 y 5 3 But if error is wilful, re-measurement is essential, . . . . . . . . . . . . . . . . . º J } 2 3 3 J. 5 p. MEASUREMENT A MEENS. See AMEENS. - MEDICAL CERTIFICATE Accompanying applications for Pension. See PENSION. MILITARY BOARD. Channel for obtaining advances for embankments, . . . . . . . . . . . . . . 472 | 16 Oct. ,38. 70 MINISTERIAL OFFICERS. See AMLAH and ESTABLISHMENT. - MINORS. See COURT OF WARDS. MINT MASTER. To be communicated with in adjusting outturns of remittances,.... . No.5 | Precedent. 576 MINUTES Of Members S. B. R. Copies not to be granted to applicants, . . . . . . . . . . . . . . 755 | | 1 Sept. , 49. 384 MOHTURFA. To be excluded from assets of settlement, . . . . . . . . . . . . . . . 491 29 May ,39. 82 Explained not to be ground rent but a tax on trade and capital, . . . . . . . . . . . . . . . . . . . . . . . 574 || 28 July ,41. 145 MOKUREREE TENURES. Fees of Govt. Agent at Sp. Com.’s Court how to be calculated,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648 || 1 July ,45. 232 In reckoning value of suit, revenue already derived from lands to be deducted, . . . . . . . . . . . ,, 3 9 » 3, From Zemindars taken by Amlah in the same District, decided by S. D. Adt. to be illegal, 696 || 30 April ,47. 299 Claims of talookdars to hold at fixed rents in Khas Muhals to be investigated in framing assessment, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838 | 19 Nov. ,50. 498 Claims on part of Govt. to enhance rents of ryots to be preceded by a notice of demand, ... ,, 9 y ,, . 499 Notice to be served under Sec. 9, Reg. W. of 1812 when rents are enhanced in resumed Muhals, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y ,, 522 MOONSIFFS. Mode of address the same as to Principal Sudder Ameens, . . . . . . . . . . . . . . . 471 || 13 Oct. ,38. 66 Communication by roobokaree, not perwannah, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 35 92 J 2 } } INDEX. ) J XXXV 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. g- :) To forward to Judge copies of decisions in pauper suits for information of Govt. Pleader, Course to be followed in conducting Govt. suits in Moonsiffs’ Courts, . . . . . . . . . . . . . . . . . MORLEY, MR. C. (Acctt. Geml.) His scheme of salaries and securities for Treasurers of Collectorates,. . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - • Gº e º e e e e º e MUHALS. See also TOWJEE. Entry upon and removal from Towjee how to be regulated, . . . . . . . . . . . . . . . . . To be mumbered on Towjee in regular order, . . . . . . . . . . . . . . . . . . . . . . . . . . . Various Returns instituted shewing management of Towjee Muhals,. . . . . . . . . . . . . . . . . . . |MUHALS NOT ON TOWJEE. See also TOWJEE. Report required of best mode of checking collections, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suggestion for forwarding 1st. An annual statement to Acctt. of names and estimated jumma, 2nd. A monthly Abstract shewing demand and net aggregate collections,... 3rd. An amrual Jumma Wassil Bakee in detail, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4th. An annual comparative statement of jumma to accompany Jumma Wassil Bakee, . . . . In Chittagong, estimate to be in aggregate by Thannahs or other local divisions, . . . . . . . . Quarterly statement of collections and of charges of collections prescribed, . . . . . . . . . . . . . . Entire gross collections to be credited in account, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First quarterly statement to be submitted to S. B. R. along with other Returns in August of each year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MURAL TABLETS In churches. Letter from Supreme Govt. to Bishop of Calcutta circulated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications to be made to Ecclesiastical Authorities, , , . . . . . . . . . . . . . Fee of 50 Rs. to Chaplain for permission to erect a tablet, an e º e º e º e º 'º e s e e º e º ºr º e º s ºf Of which three-fourths to be paid to Col. to meet cost of repair and church establishment, And one-fourth retained by Chaplain for charitable purposes, . . . . . . . . . . . . . . . . . . . MUTATIONS. See REGISTER OF MUTATIONS and DAKHIL KHARIJ. NATIVE OFFICERS. See AMLAH. NAZIR Of Collectorate, may be allowed in special cases a percentage in realizations of , , unexecuted decrees, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOMINATION ROLLS Of Depy. Cols. To mention their acquaintance with vernacular 'of District, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e Also place of birth and period of residence in India,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTICES OF SALE. Fees for. See TULUBANA. NOTIFICATIONS Of importance to be sent for publication in Vernacular Gazette,...... OFFICE. On receiving or making over charge, a list of arrears to be prepared, • C tº º ºs Provision for carrying on current duties during Col.’s absence,. e e g º e - © e On abolition of any office, transmission of official Gazette to be stopped...... . . . . . . . ..... OFFICERS. (GOWT.) See also COLLECTORS, DEPUTY COLLECTORS, and other denominations of Officers. TO Amish their successors with lists of arrears when making over charge,. . . . . . . . . . . . . . To make no engagement for construction of bunds without communication with Super- intending Engineer and sanction of Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . To forward representations of claims and services to Govt. by post, ... . . . . . . . . . . . . Not allowed to evade their proper responsibility, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nor to refer to their Superiors cases which they are competent to dispose of themselves, .. Such cases to be returned to the Officers who are competent to pass orders, Evil arising from this system—the creation of unnecessary correspondence, ... . . . . . . . . Not being natives employed in responsible situations—statement called for shewing place of birth, age, &g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When proceeding on public business, exempt from payment of ferry tolls, . . . . . . . . . . ; Securities deposited by subordinºtes to guarantee performance of duties, to be lodged with Sub-Treasurer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deposits by heads of offices when made direct to Govt., to be endorsed to Secy. to Sécurities so lodged returnable only by an order from Secy, to Govt. . . . . . . . . Personal responsibility for expenses of actions brought against them, . . . . • • * * * e e º ºs e e | No. 533 6 | 6 639 446 * *- 555 594 Date,” 14 July 40. ,43. 14 July 25 Feb. 29 May 20 Jan. 1 1 May 7 Aug. 3 3 3 * 3 3 y 3 1 I May 3 3 30 Nov. 21 July 9 Jan. 19 Nov. 1 Dec. 14 Aug. 21 Jan. 26 Nove 14 Aug. 10 Sept. 16 Nov. 13 Jan. 3 J. 3 3 3 3 28 April 25 July 22 Sept. 32 Page. | 14 l 90 213 38 133 l62 286 17 98 | 52 9 | 134 270 9 I 93 | 29 132 5 3 3 x } 89 232 235 2 May 32 3.18 xxxvi INDEX. . { 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 763; 1850 to 843. Date. f On institution of action, Officer to report circumstances of case to Govt... . . . . . . . . . . . . . . If he shall appear to have acted rightly, the funds will be advanced by Govt... . . . . . . . . . . To be refunded after decision, if he be proved to have, acted improperly,. . . . . . . . . . . If his conduct was clearly wrong, he will be left to defend at his own charge,. . . . . . . . . . Not permitted to comment on orders of Superiors in a vernacular proceeding, . . . . . . . . . . . Objections to be stated in an English letter except in the case of native Officers, OFFICERS (MINISTERIAL.) See also AMLAH and ESTABLISHMENT. Carrying about of native officials with every change of appointment reprobated, ... . . . . . . . . Claims of persons long in office not to be superseded by new comers, . . . . . . . . . . . . . . . . . . When subject to two Authorities, not to be summoned by one without intimation to the other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICERS (UNCOVENANTD). See UNCOVENANTED OFFICERS. t OFFICIAL COMMUNICATIONS. See CORRESPONDENCE. OFFICIAL DOCUMENTS. Rule to be observed in granting copies to applicants, Minutes and discussions of Members of S. B. R. need not be granted, . . . . . . . . . . But only a statement of the final order, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copies of decennial settlement papers, being evidence, may be granted, . . . . . . . . . . . . . . . . OFFICIAL GAZETTE. Transmission to be discontinued when an office is abolished, . . . . OORDOO LANGUAGE, in Nagree character, the language of record in Oordoo Districts, .. OPERATION REPORTS. See also ANNUAL REPORT AND RETURNS. Errors in Report for Bhaugulpore Division for 1836-37 noticed, . . . . . . . . . . . . . . . . . . . . . . Accuracy in preparation of statements enjoined,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Absence of care will be reported to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revised forms A. to E. with explanatory remarks, . . . . . . . . . . . . . . . . . . . . . . . . Report by Chapters and Heads discontinued, Merits of subordinates to be noticed, . . . . . . . . . . . . . . . . . . . . Early submission of reports (15 Augt.) enjoined, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statement of measuring Ameens in prescribed form to accompany Report, . . . . . . . . . . . . . Muhals in column 3 of statement D. to be classified,. . . . . . . . . . . Specifying years to which settlements belong,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Heading of column 5 statement C. altered from “temporary” to “summary” settlements, And of column 6 from “permanent” to “settled under Reg. VII. of 1822,” . . . . . . . . . . . . Contents only of column 6 statement C. to appear in column 4 statement D. besides Govt. Muhal settlements, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And summary arrangements in column 5 statement D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jummas of Khas Muhals framed on real jummabundee to be distinguished from conjectural Aº Returns to S. B. R. and by S. B. R. to Govt. enjoined by New Rules of Practice, Superseded by ANNUAL REPORT AND RETURNS on Revenue Administration, q.v... OPINION Of Advocate General on points of English Law, to be taken through S. B. R. . . ORDERS. Execution to be certified by Officers subordinate to Cs. R. . . . . . . . . . . . . . . . . . . Of Superiors not to be commented upon in a vernacular proceeding,... . . . . ORIGINAL DOCUMENTS When omitted to be returned by brought to their notice,. . . . . . . . . . . . . . . . . . . . . . . . PARTITION OF ESTATES. See BUT WARRA.H. PAUPER SUITS. See SUITS OF PAUPERS. PENSIONS. Neglect of claimants to apply for payment for a whole year vitiates their claim, Unless good cause for non-attendance be intermediately represented, . . . . . . . . . . . . . . . . . Notice to this effect to be stuck up in Cols’. Cutcherries, . . . . . . . . . . . . . . . . . . . . . . . . . . . Not available in satisfaction of decrees of Court, * * * * * * * * * * * * *º e º gº tº a tº gº e º ºs º º sº gº tº e º ſº When stopped for non-attendance, may be restored by S. B. R. with arrears, .. When hereditary or permanent, may be sanctioned by S. B. R. under Sec. 4. Reg. XXII. of 1800,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuance of life pensions to heirs may be recommended to Govt. if sufficient grounds exist,. . . . . . *. On lapse from e sº º e º e º ſº e º ºs º ºs e º & © & © tº º ºs e º e º 'º e º e º 'º e º sº gº º º S. B. R., circumstance to be e º E © e º C. C. § s e º 'º e • * * * * e º e non-attendance for more than 12 months, S. B. R. may order restoration, .. No. " 708 545 566 586 599 676 61 l 424 788 440 529 599 2 May te 3 x 3 May 14 , 9 3 13 Sept. 11 Sept. 3 3 3 J. 26 Nov. 26 Feb. 23 Jan. 3 y 3 Júly 18 Jiy 15 Oct. 5 May 3 J. 3 y 9 Feb. 10 Aug. 21 Sept. 21 Mar. 16 Jan. 3 May 27 Mar. 17 July 9 3 25 Sept. 6 May 10 Aug. 3 3 3 J. ,48 3 5 ,50. 53 ,40. Page. 319 383 384 270 l 07 25 5 § 47 48 $ 3 J. J. l 14 127 14 I 142 , , INDEx. xxxvii J ** -- } **t 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 603; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 763; 1850 to 843. No. Date, Page. Court of Directors' disapproval of cºntinuance of pensions after death of grantees, as forming º inconvenient precedents, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 735 || 4 May 49. 359 PENSION (SUPERANNUATION) Period of service in grade not eligible to pension to be - excluded in calculating the amount, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 773 | 19 Feb. ,50. 402 Medical certificates accompanying application to give detailed information of cases, ...... 778 || 5 Mar. As to mature of complaint and whether induced by intemperate habits, . . . . . . . . . . . . . . . . PERIODICAL RETURNS. Forms of statements prepared by Committee of Revision for- warded for general observance, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarterly Returns of SETTLEMENTs, AND FARMs confirmed by Cs. R. to be Šubmitted to S. B. R. in duplicate, . . . . . . e s e s - e º e º 'º - e. e. 9 3 33 3 3 2.93 415 | 16 Sept. ,37. 5 • * * * e e a • * * . . . . . . . . . . . . . . . . . . . . . . . . . . 417 | 27 Oct. , 7 Tow. EEs to be forwarded in duplicate to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 || 9 Jan. ,38. 19 APPEALs IN SUMMARY SUITs to Cs. R. discontinued? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434 20 Feb. , 27 Quarterly Returns of SUMMARY, SUITs to be submitted immediately on expiry of quarter, . . “. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 3 5 3 3 5 3 No Returns to be prescribed or altered without sanction of Govt. . . . o 436 5 3 5 y 29 Quarterly Towj EEs to shew demands, collections and balances of Thammadaree lands, distinct from entries of malgoozaree Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarterly Return of PRIson ERs not to include cases of confinement at the instance of individuals, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48" | 11 Dec. , 75 But only on account of Govt. demands, as arrears of revenue, embezzlement and fines, . . . 3 3 35 3 3 9 3 Quarterly Towy EEs need not contain a separate head for Muhals under butwarrah, . . . . . . . 487 || 23 April ,39. 80 Muhals so circumstanced to be transferred to other heads, . . . . . . . 470 9 Oct. , 67 º s tº e º e º 'º e º e s tº e º e e 3 3 3 3 5 3 3 y Foot-note shewing sales confirmed and cancelled to be in a particular form, . . . . . . . . . . . . . 488 || 1 May , 3 y Quarterly Towy Eºs to shew in red ink the Bukya balance as distinguished from hal, . ... . 493 | 19 June ,, 84 Half yearly Return of BALANCES FROM REVENUE DEFAULTERs prescribed, shewing balances due from late proprietors of Estates sold, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5ll 4 Dec. , 100 Quarterly Tow. EEs. Revised Rule. To be submitted by Cols. to Cs. R. . . . . . . . . . . . . 520 25 Feb. 40. 104 Cs. R. to examine explanations of balances, . . . . . . . ge e s a s e º 'º e º e s s e º 'º a s e e º O = • * * * * * * 5 y 3 J 3 3 3 3 And record resolutions on each item as heretofore, . . . . . . . . . . . e e e s e e º e º e e s e º e s e e s e e 3 5 5 3 3 3 3 3 But quarterly ABSTRACT Tow. EEs to be submitted to S. B. R. . . . . . . . . . . • * * * * * ~ * - s tº 5 3 5 3 3 3 X- Form of Statement prescribed with detailed instructions, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 5 ,, . 105 Qūarterly Return of SETTLEMENTs to distinguish khas from resumed Muhals, . . . . . . . . . . 531 || 3 June , || 1 13 And temporary settlements with Maliks, from leases to farmers, . . . . . . . . . . . . . . . . . . . . . . 93 $ 3 9 3 y 3 Example illustråting intention of the order, 3 3 3 3 3 3 3 3 OpERATION REPort to be accompanied by statement of MEASUREMENTs by AMEENs in prescribed form, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534 18 July 40. l 14 Shewing expense, mode of remuneration and nature of check, . . . . . . . . . . . . . . . . . . . . . y 9 3 y º- OpERATIon Report. Muhals in column 3 statement D to be classified, . . . . . . . . . . . . . . 545 15 Oct. " , 127 The years to which the settlements belong being specified, ... . . . . . . . . . . . . . . . . . . . . . . * 3 y 3 3 3 5 Quarterly Return of SUMMARY SUITs to classify pending cases with reference to time, .... 558 30 Jan. ,41. 134 Explaining cause of delay, when more than 6 months, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 5 y 3 y 3 × Date of oldest suit and average period of decision not required. . . . . . . . . . . . . . . . . . . . . . . Quarterly Return of SETTLEMENTs. Date of settlement taking effect to be inserted in g Col. 5, ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 April , 138 OPERATſon REpoRT. Heading of Col. 5 statement C. altered form “temporary” to summary’ settlements, . . . . . . . . . . . . . . . . . . . . . . . . . ::... . . . . . . . . . . . . . . . . . . . . . . . . And of Col. 6 from ‘permanent,’ to ‘settled under Reg VII. of 1822,'... ... 3.3 3 y 5 3 3 y 566 5 May , 14 l • * * * * * * * * * * * | * > 3 3 3 3 33 Contents only of Col. 6 to appear in Col. 4 statement D, along with Govt. Muhal Settle- "ments, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 J. 5 3 2 3 And summary Arrangements, in Col. 5 statement D. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 5 y 3 3 3 J. Operation Report. Jumma of Khas Muhals founded on jummabundees to be distin- guished from conjectural demands, ....: : - ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586 9 Feb. , 42. 55 Quarterly Return of SALEs under Act. XII. of 1841 prescribed, . . . . . . . . . . . . . . . . . . . . . . 593 18 May , | 6 | Separate entries for sales under Sec. 3 and Sec 8, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 3 3 y 3 3 And for sales of rights and interests for demands other than arrears of Estates sold, . . . . . . . . 3 5. 5 y 3 y AasrRAct Towy gº abolished; and other Towjees prescribed instead,. . . . . . . . . . . . . . . . . . . 594 | 11 May , 162 K & xxxviii INDEX. , , 4 (; ; g 2 º 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. No. Date, Page, e Viz. monthly HAL, quarterly BUKYA, and quarterly STATEMENT of Collections FROM MUHALs Not on Tow.JEE and of CHARGES OF Collections, . . . . . . . . . . . . . . . . . . . . 594 | 11 May ,42. 162 All to be submitted by Cols, to Cs. R. in duplicate, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 2 3 92 $ 2 Copies of resolutions of Cs. R. will be furished by them to S. B. R. . . . . . . . . . . . . . . . . . 9 3 $ 2 3 y 59 The figured statements being called for from the Accountant, . . . . . . . . . . . . . . . . . . . . . 3 J 5 y 3 3 $ 2 Annual ExPLANATORY ARRANGEMENT OF BALANCEs and DETAILED REGISTER of BALANCEs DUE BY REVENUE DEFAULTERs, to Accountant, . . . . . . . . . . . . . . . . . . . . . $ 2 9 3 5 y $ 9 Duplicate of the Returns being submitted by Cols. to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . , 33 9 3 $ 2 Cs. R. to record his resolutions thereon,. . . . . . . . . . . . . . . . . . e e s s e e s - e e s tº e = e < e < e < * 2 3 33 3 y 9 y Punctuality in submission of Returns enjoined, . . . . . . 3 5 9 3 3, 2 3, 2 Half yearly Return of BALANCES FROM REVENUE DEFAULTERs prescribed by C. O. 4th Dec. 1839, discontinued, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 5 § ,, . 163 Quarterly Return of SETTLEMENTs confirmed to shew former jumma when re-settlements have been made, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 °3; 33 3 y Reasons for above revision of Land Revenue Returns, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. 99 3 9 3 y Quarterly Return of BUSINESS OF COLLECTORs to be submitted to Cs. R. . . . . . . . . . . . . 599 || 10 Aug. ,, 173 RETURNs ESTABLISHED UNDER NEw RULEs of PRACTICE. Quarterly. SETTLEMENTs confirmed by Cs. R. to be submitted to S. B. R. . . . . . . . . . . $ 2 3 y 5 § 178 Annual. DITto. . . . . . . . . . . . . . DITTo.... S. B. R. to Govt. . . . . . . . . . . . . . . . . . . . . 3 J. y 3 93 9 y Quarterly. REMIssions authorized by S. B. R. To Govt. . . . . . . . . . . . . . . . . . . . . e 22 y 3 5 p. 5 p. Quarterly. REFUNDs by order of S. B. R. To Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . J } 5 y 3 3 J D Quarterly. MALIKANA PAYMENTS sanctioned by Cs. R. To S. B. R... . . . . . . . . . . . . 35 53 J 3 2 p. Quarterly. PRISONERs in confinement. To S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 3 * X 3 9 y Annual. DITTO. . . . . . . . . . . . . . . . . . S. B. R. to Govt. . . . . . . . . . . . . . . . . . . . . 2 3 9 9 3 3 9 3 Quarterly. SALEs for arrears of revenue. To S. B. R. . . . . . . . . . . . . . . . . . . . . . . . ſº 33 9 y 33 9 y Annual. DITTo... . . . . . . . . . . . . . . . S. B. R. to Govt. . . . . . . . . . . . . . . . . . . y 3 y 9 3 y 5 * Quarterly. RESUMPTION SUITs. To S. B. R. and S. B. R. to Govt. . . . . . . . . . . . . . . . . . ,, 9 x 3 y 5 y Annual. Civil SUITs to which Govt. is a party. To S. B. R. and S. B. R. to Govt... 3.5 $ 2 3 3 3, 2 Annual. General statement of WARDs’ ESTATEs. To S. B. R. . . . . . . . . . . . . . . . . . . 35 J 2 5 y 3 y Quarterly. BUTwARRAH Establish MENTs sanctioned by Cs. R. To S. B. R... . . . . . . . ,, $ 2 35 | < * > Annual, IRREcore RABLE BALANCEs. To S. B. R. . . . . . . e º 'º e º e º 'º e e s e º e o e s e a e s e 3 y 3 y 5 y 3 y Annual. OPERATION RETURNs. To S. B. R. and S. B. R. to Govt. . . . . . . . . . . . . . . 3 * 3 y 5 5. 35 Annual. Revision of SECURITIES of Officers entrusted with money or accounts. To S.B.R. ,, 5 y 53 J. J. Quarterly. Statement of CoMMIssion ERs' BUSINEss. To S. B. R. . . . . . . . . . . . . . . . . . ,, , J. J. 2 y Submission to S. B. R. of copies of resolutions of Cs. R. on Towjees dispensed with, .... 603 || 14 Sept. ,, 183 S. B. R. propose to call for any particular Towjee when necessary,... . . . . 9 3 5 y 35 Lithographed forms of Returns established by new Rules of Practice circulated, . . . . . . . . . 604 || 26 Oct. 3 3 y 9 Quarterſy Returns of BUTwARRAH ESTABLISHMENTs. To specify jumma of Estates, .... 612 || 10 Mar. , 43. 188 Quarterly Return of SETTLEMENTS confirmed by Cs. R. One copy to S. B. R., the other direct to Accountant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613 || 4 April Quarterly Return of PERMANENT SETTLEMENTs comfirmed under Rules of Practice X. and XI. instituted, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e a e s e s e º e s e s as e e s = Returns of temporary settlements confirmed by Cs. R. under Rule VIII, to be in usual form, 3 2 x 5 33 Annual Report on VERNACULAR SCHOOLS instituted, commencing with 1845, . . . . . . . . . . 636 28 Jan. ,45. 204 Annual HARVEST Report instituted by desire of Court of Directors, . . . . . . . . . . . . . . . . . . . 659 || 5 Feb. ,46. 243 Altered to half yearly, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665 4 May , 248 Reports to notice fall of rain, state of weather, progress of agriculture and outturn of crop, Returns to Accountant to be submitted by certain specified dates, . . . . . . . . . . . . . . . . . . . . Annual REPORT AND RETURNs on REVENUE ADMINISTRATION instituted in lieu of Opera- tion Report, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676 21 , ,, . 259 Enumeration of subjects to be embraced in Reports, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 93 ,, . 260 Consultation paper to be employed, and tabular statements incorporated with Report, .... 351 $ 2 627 23 , , ,44. 197 9 3 6%5 23 Sept. ... 2.6 tº wº 35 * > y 35 92 Date of submission, 1st July of each year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, JJ ,, . 261 Detailed directions for preparation of the several statements, . . . . . . . 2 3 y 9 ,, . 262 Quarterly Returns of ESTATES sold, ExEMPTED and For FEITED under Act i. of iš45. * Forms prescribed,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679 2 Feb. ,47. 271 , , INDEX. xxxix J - - - •y * - 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to &ng; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 768; 1850 to 843. | No. Date. Page. HARVEST REPORT. Form prescribed, commencing from 1847-48, .... . . . . . . . . . . . . . . | 682 || 1 April 47. |274 First Report to 31st Oct., to comprise outturn of bhadowree and khureef crops including Indigo, . . . . . e 53 9 y 33 3 y , Second Report to 30th April, to comprise rubbee and any cold weather crops, . . . . . . . . . . 9 3 $ 2 y 9 * , , Quarterly INDEx of CoRREspondence of Cs. R., revived, . . . . . . . . . . . . . . . . . . . . . . . . 683 || 14 May , 275 Entries to be numbered in sequence, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 3 × 33 . A 3 3 Subject to be stated clearly, and correspondence of quarter entered together if possible,.... D tº e º e 3.3 33 3 3 3 y Cases requiring no orders, or referred to S. B. R., to be indicated, ... . . . . . . . . e e e 33 3 3 3 3 3, 2 Letters of mere form need not be entºred, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 33 9 e º e 3. 3 J. Date of despatch, before 20th of month succeeding the quarter, . . . . . . . . . . tº º º 3 3 3 J. 2 3 33 Uncovenanted Assistant responsible for correctness, • * * * * * * * * * * * * * * * * * * * * * * * * * * * * ! 39 33 5 5 5 y Form of Return, and examples illustrating the directions, . . . . . . . . 3.3 3.3 ,, . 276 Half yearly Return of PERCENTAGſ, on REALIZATIONs of UNExECUTED DECREEs to be submitted, by Cs. R. to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 689| 21 July , 286 VERNAcular School, Report—Abstract statement to accompany, ... . . . . . . . . . . . . . . . . . 692 || 31 Aug. , 288 Report to notice visits to Schools and result of examination, . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3 y 3 x 3 2 But need not repeat the information contained in the Abstract, ... . . . . . . . . . . . . . . . . . . . 3 3 93. 3 y 3 y Time of submission, 6 weeks after close of year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 $ 3 3 3 INDEx of CoRREspond ENCE. Directions for reducing the bulk, ... . . . . . . . . . . . . . . . . . . 699 || 6 Jan. ,48. 301 Matters of mere form to be omitted, such as contingent bills, periodical statements, &c. .. 3 3 y 3 Also matters relating to stamps, opium and abkaree,. . . . . . . . . . . . . . . . . . 53 33 And subjects which must in due course come before S. B. R. . . . . . . . . . . 33 3 3 33 j } Native orders to have their purport stated in English, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 3 3 y 3 3 y ANNUAL REvºNUE RETURNs. Further instructions relative to their preparation, ... . . . . 710 |28 June ,, 321 Statements A. and B. Total balance to be distributed, y 3 33 ,, 322 Statement B. Two new columns introduced, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 x 3 J. 55 3 y Statements A. and B. Detail of removals and additions as in printed report for 1846-47, , 3 3 3 3 5 y Statement C. Form somewhat modified, ... . . . . . . o º 33 3 3 ,, 323 Statement D. Col. 7. Period of settlement classified, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Statement E. Col. 7. Details as in printed Report for 1846-47, ... . . . . . . . . . . . . . . . . . . . . 3 3 32 ,, 324 2. Summary Suits. Final Col. modified. Details as in printed report, ... . . . . Resumed Muhals the property of Govt. not to go out of statement A... . . . . . . . . . . . . . . . . Resumed Muhals the property of individuals to go out of statement B. When removed to Towjee, but brought on again when open to re-settlement, . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Muhals the property of Govt., if sold, to be transferred from A. to B. . . . . . . . . . . . . . . . 3 3 5 * Execution of summary decrees. A separate statement to follow summary suits, ... . . . . . . 712 | 12 July ,, 327 Business of Cols. New form. To be also adopted for quarterly Returns,.... Same case not to be counted more than once from institution to decision, . . . . . . . . . . . . . Appendix to Business Statement. Letters of mere form and periodical statements to be excluded, . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Business of Cs. R. Form prescribed. To be used also for quarterly Returns, ... . . . . . . . . . . .” 3 3 HARVEST REPORT. Form prescribed, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 715 || 14 Sept. ,, 331 Directions for preparation,-Col. 1 to give the District, ... . . . . . . . . . . . . . . . . . . . . . . . . . . 725 || 7 Mar. .49. 352 Col. 2. the names in English of principal products harvested, ... . . . . . . . . . . . . . . . . . . . . . . . » 7|2| 12 July . 337 33 33 3 y As well as principal crops on the ground to be reaped. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 35 3 3 y 3 Col. 3. to specify the outturn whether abundant or otherwise, .. s º e º e º e s e e s e e º e º e º e 33 y 9 5 3 3 y Col. 4. to indicate the state of the weather, wet, dry, &c. and range of thermometer,. . . . . . , , 3 y 3 3 3 J. Last Col. to shew the fall of rain, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 y 3 2 y 3 J. Returns to be submitted on 15th July and 15th Dec. of each year, . . . . . . . . . . . . . . . . . . . . * 5 9 3 33 95 Quarterly Return of SETTLEMENTs. Mode of filling up columns exemplified, . . . . . . . . . . | 738 || 11 May , 360 Half yearly Report on ARRANGEMENT of REgo RDs instituted—1st June and 1st Dec. ... 740 | 15 June INDEx of Çof Respond ENCE not to include, Law Suits, ... . . . . . . . . . . . . . . . . . . . . . . . . . 746 || 17 July , 374 Normatters of trifling importance, as making over charge,. &c. Annual Explan AtoRY ARRANGEMENT OF BALANCES with resolutions of Cs. R. to be submitted to S. B. R. in all June, .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747 9 D ,, . 378 3, 2 } % 3 y 3 J. xl INDEX. J & 6 - * w W 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620: 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. -U- Quarterly Bukya Towy EEs for Ist quarter of each year, with resolutions of Cs. R., to be forwarded at the same time, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarterly statement of Collections FROM MUHALs Not on Towſ EE for 1st quarter to be forwarded to S. B. R. in all Augt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarterly instead of monthly HAL Tow. EEs to be submitted by Cols, to Cs. R. Monthly Return of ADJUSTMENT of DEPosits. Cols. to Cs. R. . . . . . ... . . . . . . . Quarterly Return of ADJUSTMENT of DE posits. Cs. R. to S., B. R. . . . . . . . . . . . . . . . . . INDEx of CoRREs Pon DENCE. Name of District to appear at head of each page, . . . . . . ANNUAL REven UE REPORT. To be accompanied by statements of work dowe by Depy. Cols. prepared by themselves, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Busi NEss of Cols. With resolutions of Cs. R. to be forwarded for inspection of S. B. R. Annual statement of ESTATES UNDER ATTACHMENT by order of Judicial Authorities instituted, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibiting jumma, mode of management, Regulation and appropriation of surplus, Resolutions of Cs. R. on Return to accompany. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ANNUAL REven UE REPORT to be accompanied by a statement of measurements by Ameens, Quarterly Return of FINEs REALIZED under Act. XX, of 1848. Form prescribed, ...... REGISTER of DEFAULTERs abolished, . . . . . . . . . . . . . . . . . . . - - Business of Cols. New form enjoined, . . . . . . Cs. R. to forward all together, with remarks, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . separate Returns of Summary Suits, Executions of Summary Decrees, and Resumption Suits dispensed with, . . . . . . . . . . º Where settlements are in progress, a progress report to be annexed, . Remarks to be written by Head of office with his own hand, ... . . . . . . . . . . . . . . . . . . . . . . Explan ATory ARRANGEMENT and 1st quarterly BUKYA Tow.JEEs to be submitted in all Augt. and for all Districts together, . . . . . . . . . . . . . . . Accompanied by explanations of balances, ... . . . . . . . . . . . . . . . . . . . . . . Statements for each District to be tied separately and docketed, ... .. List of Returns in use in Land Revenue Department, List of Returns in Survey Department, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PERSIAN LANGUAGE, Knowledge of, not a necessary qualification for office of Depy. Col. PETITIONS. Daily receipt enjoined on Cols... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PICE. Enumeration of copper coins struck at various periods, ... . . . . . . . . . . . . . . . . . . Trisoolee pice illegal under Act XIII, of 1844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pice struck at Calcutta Mint under Reg. XXV. of 1817, and prior thereto without Regula- tion, legal tender at present, . . . . . . . - If impression wholly illegible, coins not to be received at General Treasury, ... . . . . . . º: If inscription much defaced, not to be re-issued but sent to the Mint, . . . . . . . . . . . . . . . . . . PLANS. See also MAPS. Of public buildings. Rule for countersignature of Civil Officers, ... . . . . . . . . . . . . PLEADER.S. See also GOWT. PLEADER. In Moonsiff's Courts. The ablest to be selected to conduct Govt. Suits, ... . . . . . . . . . . . . Remuneration by fees instead of fixed salary, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opinions called for on proposition to allow guardians of wards to choose their Vakeels,.... PLUWIOMETERS. Indents called for, for as many as may be required in each Division, .. Register to be kept by Col. or in his absence by the Head Clerk, ... . . . . . . . . . . . . . . . . . . Cs. R. to prescribe form of Register, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Necessity of accuracy in registering, insisted on, ... . . . . . . . . . . . . . . . . . . . . . . . . Instructions. Each division of scale represents one-tenth of an inch, . . . . . . . . . . . . Height of receiving cup above ground to be recorded, Instrument to be emptied after each observation, e Form of register prescribed for general observance, . . . . . . . . . . . . . . . . . . . . . . . . . Caution against errors in noting fall of rain, • * * * * * * * * * * * * * * tº e s s e a e - e. e. e. e. e. e. e. e. Broken instruments to be returned into store, when new ones will be supplied, . . . . . . . . . . Remarks of Superintendent Mathematical Instrument-maker’s department on a new pattern of instrument, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No, | 833 J. J. No.4 No.6 422 842 64 1 6 || 6 709 695 Date. 17 July 30 Nov. 21 Jan. l 5 Feb. 2 April 14 May 5 5 31 , , ºr 3 7 June 28 ,, 6 Aug. 17 Sept. 5 3. 9 Jan. 14 July 3 June 30 Sept. 5 3 5 3 28 April 3 5 3 May ,49. 9 3 ,50. 3 3 3 3 5 § Page. 190 320 29S 299 5 y 37 3 |S 439 440 } ) INDEX. xli J * - J J- F - 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 768; 1850 to 843. And on the proper node of registoring observations,.... . . . . . . . . . . . . . . . . . .......... Form of Meteorological Register kept in Surveyor General’s office, ... . . . . . . . . . . . . . . . . . . Present instruments to be used as long as serviceable, s s e s tº * * * * is e e s e e s s e e e s e e º e e º e , When broken, to be sent for repair tº Mathematical Instrument Maker, ...'.. & G & Except when repairs can be executed on the spot, ... . . . . . . . . . . . . . . . . . . . . . . . . . . Indents to be submitted direct to Military Board, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Instruction repeated, that repairs will be made by Mathematical Instrument Maker, ... . . . . POLICE Of khas Muhals not to be neglected on purchase of Estates by Govt. . . . . . . . . . . . . Aiding police in apprehension of offenders, to be provided for, . . . . . . . . . . . . . . . . . . Organization to be such as to afford a model to surrounding Estates, ... . . . . . . . . . . . . System recommended of making village watchmen the paid servants of Govt... . . . . . . . . . . Information to be collected of state of police and usages of the country, for the imprºve- ment of village police generally, ... . . e e a e e º e º e º 'º w w w e º e º e º ºs e º e º e º sº º e º e = Maintenance of village watch to be provided for in assessment,... . . . . . . . . . . . . . . . . . Information from Magistrate of number of men to be maintained, ... . . . . . . . . . . . . . And whether provision should be in land or money, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If in land, 3 acres of good land to be assigned to each chowkeedar, and one to each bullahir, If in money, 3 Rs. a month to each chowkeedar, and l R. to each bullahir, . . . . . . . . . . . . In former case, Magistrate to be furnished with a statement of numbers of fields in khusreh In 89, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - At settlement any chowkeedaree cess previously existing to be incorporated with the rent, POLICE DAK In resumed Muhals held khas, to be maintained at public expense, . . . . . . . . Expense to be defrayed from collections of Muhals, . . . . . . . . . . . . . . . . . . . . . . . . . . . . And provision respecting it to be made at settlement, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POLICE LANDS. Entry in Quarterly Towjee. See THANADAREE LANDS and PERIO- DICAL RETURNS. POLITICAL AGENTS To try resumption suits for rent-free lands held by Independent Chiefs, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POST. Depy. Cols. and others required to forward representations of services and claims by post, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . potººs. Interchange of pottahs and kubooleuts with ryots of Khas Muhals, re- * commended, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To be granted to occupants of lands in Govt. Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . And in other Estates, a specification of holding and rent to be recorded, . . . . . . . . . . . . . Copies whereof may be given to every ryot desiring them; . . . . . . . . . . . . . . . . . . . . . . No higher rent can be demanded by a Zemindar, except after agreement or suit in Court,.. Ryots may demand pottahs under Sec. 59, Reg. VIII. of 1793, . . . . . . . . . . . . . . . . . . . . . . PRISONERS In confinement. Quarterly Returns not to include cases of confinement at instance of individuals, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But, only on account of Govt. demands, as arrears of revenue, embezzlement and fines, ... .. Quarterly Returns to S. B. R., and annual by S. B. R. to Govt. enjoined by new Rules of Practice, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PRINCIPAL SUDDER AMEENS. Roobokarees to be duly attended to by Cols, and Cs. R., though unaccompanied by an English letter or precept,. . . . . . . . . . . . . . . . . . . . . . PRACTICE Of Collector’s Offices. See COLLECTORATES. PRECEDENTS Of S. B. R.—Intimation of publication in Bengalee Gazette, . . . . . . . . . Intended to secure uniformity of practice, and to serve as a guide in similar cases, . . . . . . . PRICE CURRENTS. Specimens of Returns to be furnished by Cols. to Superintending Engineers with rates filled up, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Officers tº fill in and sign price currents of Commissariat gomashtahs, . But only as regards the rates of specified articles, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROCEEDINGS Of Judicial and Revenue Officers to be in the Vernacular, . . . . . . . . . . . . . . Not to have names of heathen deities affixed to them, • e o e s e º 'º e s e e º a º - e º e s tº a tº e º a PROCESS. Act XX. of 1848 does not dispense with any processes previously enjoined,.... Of Syrvey Officers vested with powers under, Reg. VII. of 1822 under Cl. 1, Sec. 19, requires previous sanction of Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L No. Date. Page. 796 || 3 May 7,50. | A41 » 33 3 3 442 S20 9 Aug. , ,, 460 3 y 2 3 2 3 832 29 Oct. . . 491 55 29 Jan. 40. 102 551 || 5 Dec. ,, 139 5 5. 3.5 3 3 130 9 3 j 3 3 3 3 2 570 19 June ,41. 143 5 3 * 33 2 3 5 5 5 5 3 3 5 3 3 y 3 3 5 5 3 3 3 y 33 3 3 3 y 5 5 537 | 12 Aug. ,40. 116 550 | 16 Nov. , , ) 129 '838||19 , .50. 497 843 26 Dec. ,, 520 33 3 J. 3 3 521 55 3 3 3 3 5 y 2 3 5 y 3 3 5 y 9) ”, 33 3 y 481 11 Dec. ,38. 75 y 5 5 3. } % 33 599 || 10 Aug. ,42. 178 602 || 7 Sept. 43. 183 748 27 July , 49. 379 749 5 § ,, 380 xlii INDEx. { { - * —t- T 1837 to No. 419; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. PROCESS (SUMMARY) on Residents in Calcutta. See SUMMARY SUITS. . PROMISSORY NOTES. Deposit of. See SECURITIES. PROSECUTORS In any Court of Justice, exempt from arrest under civil process, ... . . . . . . PUBLIC BUILDINGS. Rule for countersignature by Civil Officers of plans and, estimates, Attestation to be discontinued, as implying approbation of contents of documents, . . . . . . . . And merely remarks inserted, or “no remarks” as the case may be, & Papers not to be unnecessarily detained, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purchase for public purposes except after survey and report of Executive Officer, prohibited by Court of Directors, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petty repairs of buildings not attached to Dept. of Public Works may be executed by Cols. PUBLIC OFFICERS. See OFFICERS. PUBLIC WORKS. Lands taken for. See COMPENSATION e t PURCHASE of Land. Attention called to Rule in C. O. 1st June 1835, forbidding purchase of land by Depy. Cols. . . . . . . . - PUTNEE TENURES. See also IX. of 1833. Process for recovery of arrears, sale twice a year under Reg. VIII. of 1819, . . . . . . . . . . . . Process under Reg. VIII. of 1819 to be preferred to that under Reg. VII. of 1799, . . . . . . Arrear not to be allowed to remain due above a year,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If of longer standing, it cannot be recovered without resort to Civil Court, ... . . . . . . . . . . . . Ruling relative to receiving balances, tendered to avert sale, . . . . . . . . . . . . . . . . . . . . . . . . . . Ruling explained—Putneedars of the second degree may deposit the balance to stay sale, .. But not of the first degree, unless a suit to contest the demand be pending, . . . . . . . . . . . . PUTWAREES. Appeals respecting their dismissal will not be entertained by S. B. R. in future, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PYKASHT RYOTS. Their crops to be held answerable for the rents, ... . . . . . . . Retention of lien on crop preferable to imprisonment after removal of crop, . . . RAIN. Instructions for moting indications of the pluviometer, . . . . . . . . . . . . . . . . . . . . . . . . RECEIPTS for Rent Claimed in Summary Suits. See SUMMARY SUITS. RECORDS In Oordoo Districts, to be written in Nagree character, e tº e º g g g g tº e º e Change to be introduced gradually, and cautiously, ... . . . . . . . . . . . . . . . . . . . Desirableness of uniformity of system in all departments, . . . . . . . . . . . . . . . . . . . . . . . . . . State of Record department to be reported by Officers on taking charge,. . . . . . . . . . . . . . Officer permitting disorder, responsible for expense of arrangement, * g e º is s a g As well as Officer taking charge for failing to make timely repºrt, ... . . . . . . . . . . . . . . . . . . Of Collectorates. RULES FOR ARRANGEMENT OF RECORDs, . . . . . . . . . . . . . . . . . . . . . . Description of system observed in N. W. Provinces, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mouzahwár or Pergummahwar arrangement to be followed where practicable, . . . . . . . . . . . . Otherwise, some other suitable arrangement to be adopted, s s = * * * * * * * * * * * Papers of each Estate or division of an Estate to be kept together as a general principle, . When papers are intermixed, the first step is to assort them, te A fly-leaf to be attached to each missil shewing contents, case, From lists of bustahs, a Register to be prepared for each shelf or almirah, . . . . . . . . . . . . . . And from these again, a General Register of whole contents of Record office, . . . . . . . . . . . . Useless papers to be set apart for destruction, . . . . . . . . . . . . . . . . . Lists being retained of papers proposed to be destroyed, . . . . . . . . . . . . As a general rule, no papers to be destroyed less than 12 years old, • * * * * * * * * * * * * * * * Settlement papers, summary decisions, collection papers and Registers to be preserved, . . . . Papers proposed to be destroyed, to be reported for orders of S. B. R. . . . . . . . . . . . . . . . . System in N. W. Provinces to be followed, for maintenance of order after arrangement, Business to be divided into departments under particular Officers, Each department being provided with separate presses,. . . . . . . . . . . . . . . . . . . . . And Registry books kept for entry of papers received, ... . . . . . . . . . . . . . . . . . . . . . . Serishtadar responsible for seeing to entry and proper distribution of papers, . . . . . . . . . . . . On disposal of case, papers to be made over to Record-keeper, the date being entered in the books of the department, . . . . SALE and pīpūry CóLièctöRs undER REG. e tº e º e º is º e ºs g Ç No. 595 657 838 5, 2 3 5 No. 1 No.8 726 838 707 52] 6io 74 () 92 Date. 18 May 49. 9 Jan. ,46. 14 Dec. , 49. 13 Dec. , 50. 18 Sept. , 43. 19 Nov. , 50. 3 3 3 3 3 5 3 5 55 J 3 Precedent. Precedent. 5 § 5 y 6 Mar. , 49. 19 Nov. , 50. 28 April ,48. 26 Feb. ,40. 35 5 5 95 3 9 10 Feb. , 43. *. ” 5 5 15 June , 49. y y y 5 5 5 5 3 2. 3 × 33 3 5 3 5 3 5 9 3 3 5. 5 5 9 3 53 55 . 5 § 9 3 3 3 3 5 5? 5 3 3 y 5 3. 3 3 3 3 33 .. Page. 167 24() 24 l 187 364 53 9 ) INDEX. xliii º J y r— 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. Course to be followed in obtaining papers from the Record department, ... . . . . . . . . . . . Instead of slips or rolls, paper of uniform size recommended for business, . . . . . . . . . . . . . . Manufacture to be improved so as to be proof against attacks of vermin, . . . . . . . . . . . . . . . . Paper made at Serampore recommended, or any strong paper procurable,' '... . . . . . . . . . . . . For depositions, paper should be impregnated with arsenic, .. . . . . . . . . . . . . . . . . . oº: of arranging records to be taken for bringing up Registers under Reg. XLVIII. of 1793, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e Depy. Cols. whem available to be employed on arrangement,.... . . . . . . . . . . . . . . . . . . . . . . Half yearly reports prescribed on 1st, June and 1st Dec. . . . . . . . . . . . . . . . . .”. . . . . . Further directions. Muhalwaree principle of arrangement suitable for Bengal, . . . . General Registers in prescribed form of ordinary Records and Survey Records, . . . . . Exception relative to summary suit cases and sales oºher than for arrears, Documents relating to classes of Muhals, to be kept in a separate press,. . . . . . . . . . . . . Mouzahwar, principle to be observed in arranging Survey Records, ... . . . . . . . . . . . . . Documents forming volumes to have a distinct shelf... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opinion of Advocate General on obligation of Officers to produce Govt. records under Periods to be embraced in half yearly Arrangement Reports,.... . . . . . . . . . . . . . . . . . . . Viz. from May to Oct. to be submitted 1st Dec., and from Nov. to April, 1st June, . . . . . . Explanation that para. 15 of C.O. 15th June 1849, was not intended to inculcate a call on landholders for particulars of Estates enumerated in Cl. 5, Sec. 7, Reg. XLVIII. of 1793, But only that arrears of mutations ordered should be brought up, . . . . . . . . . . . . . . . . . . . . RULES FOR supply ING COPIES OF PAPERS TO APPLICANTS, . . . . . . . . . . . . . . . . . . . . . . . . Col. to license a certain number of copyists, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Each copyist to receive fees at the rate of 1 anna per 100 words, . . . . . . . . . . . . . . . . . . . . . Amount received to be noted on copy, under signature of copyist, . . . . . . . . . . . . . . . . . . . . Copyist to keep a register of receipts to be submitted to Col. every month, Number of copyists to be regulated so as to allow each 12 RS. per mensem, . . . . . . . . . . . . When one copyist is entertained, comparing to be performed by an Officer of the fixed establishment, • * ~ * . . e. e - e - e = * * * * * * * * * * * * * * * * * * * * * * * * * * Where two or more are employed, they should compare for each other, . . . . . . . . . . . . . . . Where six or more are employed, a comparer paid by the copyists to be entertained, . . . . . . Names of Officers employed on comparison to be noted on copy. . . . . . . . . . . . . . . . . . . . . . . Copy to be attested by Mohafiz who will be jointly responsible for correctness. . . . . . . . . . Fees for searching on scale prescribed by C. O. 17 July f$29, to be paid to Mohafiz, ... . Who will keep an account and pay the whole daily into the Treasury, . . . . . . • e º a e e o e e s e Account to be signed daily by Officer in charge of Treasury, e e e a e o e s e e s e s • * REFUNDS Of collections from Muhals relinquished and erroneously resumed may be same. REGISTERS. List of 35 lithographed Registers to be kept in Collectors' offices, tioned by S. B. R. . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * Also of sums paid in excess of jumma eventually fixed on resumed Estates,. . . . . . . . . . . . . . Of all descriptions not exceeding 500 Rs., may be authorized by S. B. R. . . . . . . . . . . . . To disseised lakhirajdars admitted to half jumma settlement, of difference between full and half jumma, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ' ' ',' Provided settlements have not been confirmed ;-retrospective adjustment disallowed, of collections from Muhals erroneously resumed or relinquished, may be sanctioned by , S. B. R. under new Rules of Practice. . . . . . . . . . . . . . . . . . . . . . . . ; • tº e º e º Also of sums paid in excess of jumma fixed on confirmation of settlement, . . . . . . . . . . . . . . Also of any description not exceeding 500 Rs. connected with Land. Revenue, guarterly Return S. B. R. to Govt. enjoined by new Rules of Practice, .. e - e º is tº e May be sanctiºned by Cs. R. when rendered necessary under their own orders, . . . . . . . . . Interest chargeable to Officer blameable for delay in making refunds ordered by competent Authority,. . . . . . . . . . . . . . . . . . . . . . . . . .” - ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to be given to parties to apply on pain of forfeiture of interest. . . . . . Cols, to indent for new books or sheets, when necessary, . . . . . . . . . . . . . . . . . . . . . . . . . . . . indents to be for one year's consumption at a time, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. 740 Date. 15 June',49. 33 5 3. 30 Oct. 22 Feb. 27 Aug. 3.3 2 3 3 J. 3 3 Page. 366 367 36s 369 395 xliv INDEX. Tur U - 1837 to No. 419; 1838 to 481; 1830 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; lº; to 655; 1846 to 673; 1847 to 698; 1848 to 719 ; 1840 to 768 ; 1850 to 343. If sheets indented for, they must be bound in cloth and numbered agreeably to list,e. . . . . Forms not to be altered without sanction, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If alteration deemed necessary after a year's trial, or a new Register, report to be made to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If Cs. R. approve, he will report to S. B. R., but not otherwise, * * * * e º 'º º e º e º e e s e º e e º a me When local peculiarities exist, Registers may be instituted, styled “Local Registers,” e e º e Cs. R. when on circuit, to examine and sign the Registers, . . . . . . . . . . . . . . . . . . . . . . . . . REGISTER OF BALANCES DUE BY REVENUE DEFAULTERS. See DEFAULTERS’ REGISTER. © O Q REGISTER OF BANK NOTES. See BANK NOTES. REGISTER OF DISMISSED OFFICERS Kept in office of S. B. R. . . . . . . . . . . . . . . . . . . Instances of dismissal for misconduct to be reported for entry,...s . . . . . . . . . . . . . . . . . . . . Attention called to orders of 1842, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . REGISTER OF MUTATIONS. See also DAKHIL KHARIJ. . Not necessary for Civil Court to send copies of decrees to Cs. R... . . . . . . . . . . . . . . . . . . . . Alterations of Registers by Cols. in virtue of unexecuted decrees unnecessary, . . . . . . . . . . Col. to await order from Civil Court, for alteration in course of execution of decree, . . . . . . Fees for registry not leviable on transfers by revenue sale, . . . . . . . . . . . . . . . . . . . . . . . . . Col. not competent to move Civil Court to decide cases of disputed succession under Reg. V. of 1799, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nor Civil Court to pass orders thereon, except on complaint of a party concerned,.... . . . . Fact of actual succession to possession, the only point for Col.’s consideration, . . . . . . . . . . On which point Col. is himself competent to decide under Sec. 21, Reg. VIII. of 1800, .. Opportunity of arranging Records to be taken for completing Mutation Registers,. . . . . . . . Information sought on various points in connection with the question of enforcing registra- tion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Views of S. B. R. as to the best means of supplying information,. . . . . . . . . . . . . . . . • & tº e º sº Para. 15 of C.O. 15th June 1849 explained, not to inculcate a call on Zemindars for papers under Cl. 5, Sec. 7, Reg. XLVIII. of 1793, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . But only that mutations ordered should be brought up, . . . . . . . . . . . . . . . . . . . REGISTER OF SUSPENDED DUES. See SUSPENSE REGISTER. REGISTRATION Fees not to be demanded till after registry, ... . . . . . . . . . . . . . . . . . . . . . . Fees not payable when search or copies are made for papers required for Govt. purposes,.. Not essential before admission of securities, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ruling of Sudder Court to the effect that registration of securities in Civil Suits is in- dispensable, not applicable in Summary Suits, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . REGISTRATION STATEMENTS Of Muhals held khas, ordered in 1833 to be kept up by Colsº dispensed with, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . REGISTRY, See REGISTRATION. { } REGULATIONS. See also CONSTRUCTIONS OF REGULATIONS. XIX. of 1793. Cases under Sections 6 and 9, may be disposed of by Cs. R. without refer- ence to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction of Cl. 1, Sec. 4, in regard to lakhirajdars of hookamee tenures dying without heirs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. of 1793. Attention enjoined to rule in Sec. 13, and in Cl. 2, Sec. 2, Reg. VIII. of 1825, —— Favorable terms of Cl. 2, Sec. 8, to be extended to Shikmee tenures under 100 beegahs in resumed Estates,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXVI. of 1814. Stamp paper to be deposited on passing of an adverse decree by Civil Court, with reference to Cl. 10, Sec. 8, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV. of 1793. Modification of Section 9, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI. of 1822. Sec. 4 does not restrict powers in respect to sales conferred on superior Revenue Authorities by Cl. 3, Sec. 8, Reg. IV. of 1821,...... . . . . . . . . . . . . . . . . . . . . Attention enjoined to Cl. I, Sec. 27,. . . . . . . . . . . . . . . . . . . . . . . . . . . . .*. . . . II. of 1819. Intent of Cl. 1, Sec. 3, explained,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIV, of 1825. Misunderstanding of Sec. 2, pointed out, . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV. of 1797. Sec. 3 not applicable to transfers by revenue sales, tº e º 'º - tº e e No. sº 5 5. No. 11 668 4 16 430 45 l 460 461 464 465 466 480 49S |)ate. 1 June 16 April 2I Aug. 5 3 31 July 1 May 5 y 5 5 5 3 15 June 29 Mar. 3 y 12 Nov. 9 3 18 Sept. 14 April 13°Aug. 5 5 ,38. ,41. ,50. Precedent. 20 June 22 Sept. 23 Jan. 29 May 7 Aug. 6 , 21 - 2, 24 27 Nov. 31 July ,46. 27 Aug. , 50. |Page. 462 249 •56 6 1 62 3 3 75 86 O • * INDEX. xlv. O O 1837 to No. 419; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 763; 1850 to 843. 0 XIX. of 1793. Question whether Rharij jumma grants under 100 beegahs in permanently settled Estates, come within meaning of Sec. 6, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mº 1. º R. not competent to direct re-investigation of resumption suits under 2 4, Sec. 4, . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . Applications for copies to be sent up in original with remarks at foot, . . . . . . . . . . . . . . . . . Transmission of books sufficient intimation of compliance, . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII. of 1799. Interpretation of Sec. 15 in connection with Sec. 4, Reg. VIII. of 1831, and Sec. 1, Act VIII. of 1835, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary decree necessary before sale of shikmee tenures in Estates belonging to individuals and not held khas, • e • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e º e And appeal against sale does not lie except on ground of irrelevancy of the Law, ... . . . . . . Sec. 25 applicable to shikmee tenures in Govt.*Estates and Estates under khas management, And appeal may be admitted by Cs.” R. on whateyer ground, . . . . . . . . . . . . . . . . . . . . . . . . IX. of 1825. Proceedings to specify the Regulation under which they are held,. . . . . . . . . . Decisions under Sec. 2, open to revision by Civil Court, but not under Sec. 5, .......... Subject to limitation prescribed by Act XIII. of 1848, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI. of 1822. Construction of Cl. 2, Sec. 3, and Cl. 6, Sec. 23, Reg. VII. of 1822, in con- mection with Cl. 2, Sec. 2, Reg. XI. of 1822 and Act I. of 1845, as applicable to farmers and their sureties,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 18, Reg. X. of 1829 applies to Vakeels and Mooktears, and not also to Principals,..... REID, (MR. Sp. Depy. Col.) His opinion respecting kharijjumma grants not exceeding 100 beegahs in permanently settled Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . REMEMBRANCER OF LEGAL AFFAIRS. See LEGAL REMEMBRANCER. REMISSION of Revenue Balances. See also BALANCES. Interest may be remitted by S. B. R. when principal has already been remitted by competent authority, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º ºs e º e - e. e. tº e º º May be iºd by S. B. R. when balances are irrecoverable, . . . . . . . . . . . . . . . . . . . . . . Except current balances of Estates not held khas, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of balances in Estates held khas, and difference between demand and Towjee jumma may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarterly Return prescribed by new Rules of Practice, S. B. R. to Govt. . . . . . . . . . . . . . . Balances not to go out of Towjees except through remission column, . . . . . . . . . . REMITTANCES, of Treasure. See TREASURE REMITTANCES. RENTS. Prohibition to ryots to pay rents, pending confirmation except in cases of sale for Govt. revenue, declared to be irregular, . . . . . . . . . . . . . . . . . . . . . . RENT-FREE TENURES. See LAKHIRAJ TENURES. RENT-ROLL. See TOWJEE. REPORTS Of Cs, R. to embody substance of correspondence with Cols. . . . . . . . To describe in English purport of native documents referred to, . . . . . . . . . . . . . . . . . . • e º 'º Otherwise reports will be returned for revision, . . . . . . . . . . . . . . . On appeals, to be prefaced by a narration of facts,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And to convey in themselves a clear account of the case, . . . . . . . . . . . . . . . . . . . . . . . . . . . . REPORTs (ANNUAL). See ANNUAL REPORTAND RETURNS. REPORTS (HARVEST). See HARVEST REPORTS, REPORTS (OPERATION). See OPERATION REPORTS. - RESEARCHES. Assistance to be rendered to Capt. Kittoe in his archaiological researches, RESPONSIBILITY. Officers of all grades not permitted to evade their responsibilities,. . . . Or to refer to their Superiors cases which they are competent to dispose of . . . . . . . . . . . . RESTORATION of Lapsed Pensions. See PENSIONS. RESUMED MUEIALS. Management of, to be separating reported from Khas Muhals, ... Settlement tº be made ordinarily with lakhirajdars, • e o e º e s e e º 0 e º e < * * * * e e º e º e s e º 'º e & G.O. 20th Dèc. 1836, modifying Rule of 22 Feb. 1831, relative to assessment of resumed tenures taking effect six months after resumption, extended to all resumptions of every description, Para. 6 of C.O. 12 Nov. 1833, relative to disputes respecting boundaries of resumed Muhals •explained, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ; ; ; . . . . . . . . . . . . Resumption Court from which final decree emanated to be required to decide, . . . . . . . . . . . . - M J No. 74 l No.3 507 529 483 554 732 795 3 y 706 554 429 3 y 458 473 33 Date, 8 Oct. 29 Feb. 18 Mar. 35 8 Mar. ' 19 June ,39. 3 y Precedent. 8 Oct. 6 May 10 Aug. 33 3 y 17 Júly 23 Jan. | 3 Jan." 10 April 28 May 3 y 28 May 13 Jan. 33 23 Jan. 7 Aug. 16 Oct. ,39. ,40. ,42. 33 5 y 3 5 ,49. ,39. Page. 95 '108 | | 0 © 3 3 190 76 } 33 356 39 439 J2 31 1 132 3, 2 22 25 53 71 22 xlvi * INDEX. 0 ° e- C. O 1937 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 608; 1848 to 719; 1849 to 768; 1850 to 843. Q No.; Date, Page Court may either decide summarily in execution of its own decree, . . . . . . . . . . . . .' ...... 473 | 16 Oct.,38. 71 Or direct institution of a new suit, according to circumstances,. . . . . . . . . . . . . . . . . . . . . . . . Modification of C.O. 16 Oct. 1838. Enquiry into position and extent of land under trial e to be made by Resumption Officer, . . . . . . . . . g . . . . . . . . . . . 503 l l Sept. ,39. 92 3.3 3 y 5 5 3 y Who will cause the same to be measured and surveyed if necessary,. . . . . . . . . . . . . . . . . . . . 5 5 3 y 5 3 5 y If in occupation of a person not a party to the suit, a new suit necessary, ... . . . . . . . . . . . 5 5 5 5 5 3 93 Without which the land cannot be subjected to assessment, . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 * > . » 5 5 When settlement is with lakhirajdars, they are entitled to engage at halfjumma, . . . . . . . . . 508 18 Nov. , 98 When held khas, police dak to be kept up at public expense, . . . . . . . . . . . . . . .". . . . . . . . . 513 || 3 || Dec, , , , | 101 Settlements of Khas and resumed Muhals to be distinguished in quarterly Returns, . . . . . . 53 l 3 June ,40. l l 3 Settled at full rates since 5th May 1825, to have jumma adjusted on half-rental principle,.. 538 12 Aug. , 117 Provided lakhirajdars or their heirs are still in possession, . . . . . . . . . . . . . . . . . . . . . . . . . . But tenures which have changed hands by sale not entitled to the indulgence, ...'.. Muhals purchased by Govt. to be restored, and settled with lakhirajdars at half jumma, .. 3 3 3, 3 5. 5 3 Mode of readjustment described, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 32 3 3 3 J Collections in excess of adjusted demand to be refunded to lakhirajdars, . . . . . . . . . . . . . . ,, 3 5 3 3 3 5 Rut not retrospectively, except when settlement has not been confirmed,. . . . . . . . . . . . . . . . 3 5 5 y ,, . l l 9 Readjustment to take effect from 14th Oct. 1839, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542 16 Sept. ,, 125 Identification and settlement of resumed lands less than 50 beegahs in one Mouza, not to be prosecuted, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564 28 April 41. 140 Petty parcels relinquished under 50-beegah order to be excluded from settlement of rest of resumed tenure, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 4 July ,45. 225 When Col. decides that land claimed by a third party is included in a decree, that party to be left to appeal to Sp. Com. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 714 || 9 Sept. ,48. 331 But if otherwise, his proceedings must be submitted to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . ,, 5 3 3 y 3 × Who will appeal to Sp. Com., if necessary, against Col.’s order, . . . . In determining whether lands should be relinquished or not under 50-beegah order, the Bengal beegah to be taken as the standard, . . . . . . . . . . . . . . . . . . . . . . . . . • e e º e s (→ • e º gº 813 19 July ,50. 455 Identification of resumed lands necessary. Orders repeated,. . . . . . . . . . . . . . . . . . . . . . . . . . | 843 26 Dec. , || 510 With exception of patches less than 50 beegahs in one Mouza, . . . . . . . . . . . . . . . . . . . . . . . . . ,, 5 y 5 5 >} Jumma of resumed shikmee tenures to be one half of gross produce, . . . . . . . . . . . . . . . . . . 33 55 ,, . ,523 Resumed lands in purchased Estates to be settled at half rental, . . . . . . . . . . . . . . . . . . . . . . 3 3 3 y 3 y 55 Resumed towfeer to be settled at full rates with party entitled,. . . . . . . . . . . . . . . . . . . . . . . . . ,, 0 2 3 ,, . 524 RESUMPTION OFFICERS. See SPECIAL DEPUTY GOLLECTORS and SPECIAL COMMISSIONERS. RESUMPTION SUITS. See also LAKHIRAJ TENURES and APPEALS IN RESUMP- TION SUITS. Mode of conducting appeals by Cs. R. to Sp. Com. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 | 16 June ,38. 46 In referring case, statement of grounds of appeal to be forwarded to S. B. R. . . . . . . . . . . 5 5 3 5 3 3 5 3 Not necessary to forward stamp paper to enable S. B. R. to file pleadings, . . . . . . . . . . . . . . 3 3 53 ; , " , , May be tried when Civil Courts are closed, if parties voluntarily attend, . . . . . . . . . . . . . . . . . 468 || 4 Sept. , 66 Modified Rule of Practice. If decision is against assessment, Col. to report his proceedings to C. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482 | 8 Jan. ,39. 76 If C. R. disapproves, he will report to S. B. R... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 3 y y 5 5 5 Who will determine if appeal shall be made to Sp. Com. . . . . . . 33 5 3 3 5 5 y Need not be delayed because of disqualification of proprietors in whose Estates the rent. | free tenure is situated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486 || 17 April , 79 But interests of the ward should be protected, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 33 5 J 3 2 Copy of decree to be given to Col. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y 9 y 3 5 3 ", Local investigation where practicable considered important, . . . . . . . . . . . . . . . . . . . . . . . . . . 500 14 Aug. , 87 New suit to be instituted for land in possession of persons not parties to first suit,. . . . . . . . . 503 || 1 | Sept. , 93 Cs. R. not competent to direct reinvestigation under Cl. 4, Sec. 4, Reg. 'III. of 1828, .... 522 || 29 Féb. ,40. 108 But appeal to be preferred to Sp. Com, within a year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 3 3 ,, . 109 Information being obtained from Sp. Depy. Col. if necessary, ... . . . . . gº º ºs e º e º ºs e º ºs e e º º tº a 3 2 3 J. 3 * 3, 2 For rent-free land held by Independent Chiefs to be tried by Political Agent, not Revenue 0. Officer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537 | 12 Aug. , , l 16 O • 9 INDEX. xlvii o © C © 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843 O No Date Page * g O → —“*—l 58. For land less than 50 beegahs in offe Mouza not to be prosecuted, . . . . . . . . . . . . . . . . . 564 || 28 April 41 140 Nor identification proceeded with, if resumed, . . . . . . . . . . . . . . . . . . 3. Nor settlement, if resumed and identified, . . . . . . . . . . . . . . . . . g º º 3.3 3 * 5 y 3 y En uir TeS ecting T f d ll gº •; 4e * : * tº tº w & º & tº 6 "e".e. • e s = e e s e e is e a J. J. 3 5 3 J. g 33 º § Sp g Towfeer and alluvion prior to decision necessary under Sec. 7, Reg. II. - O l *º-ºº: • e s e s e e s • e s e e s , e. 587 23 Feb. ,42. 157 In lakhiraj cases, necessity of prior identification depends on mature of suit, ... 5 © - la Svo º te e e tº e º dº º e º e º ſº J 5 y 3. If lakhirajdar admits possession and defends the suit, land may be presumed to be really 5 5 3. held rent-free, • sº e e º e s s e a s sº * > * * * * * * * * * * * $ º g e º tº e º e º 'º - ſº º ſº tº * * * * * e º º is º Çe e e In which case previous local enquiry is not necessary, . . . . . . . . . . . . 5 5 3 y 3, 2 5 y e e t e e e * * * As 3 y If no title-deeds, yet claim of Govt. is admitted, caution necessary, . . . . . . . * 9 3 J. iás sº g e is t g ge e g º e º 'º gº tº a ſe tº º 5 3. 5 3 In such cases local enquiry as to possession before decision is advisable, . . . 3 * º g g t º ºg & tº e e º e º e º e º 'º e º 'º 3 3 33 In undefended cases, local investigation before decision indispensable, . . . Q 5 3 3 5 e * e g g º e e e º e º º dº e º e º is tº s º 3. 3 y Entry in taedad insufficient without enquiry respecing possession, . . . 3. 3 3 3 y * * * • O * © * e e e e g º e a e º e º ſº e e 5.5 JJ “Identificatión” understood to mean ascertainment of existence and possession, 3. 9 3 j 5 • e g º ºs º is º º º 3 5. © 3 9 $ 3 But measurement or ascertainment of boundaries prior to decision need flot be made,. . . . . . Quarterly Return to S. B. R., and by S. B. R. to Govt., enjoined by new Rules of Practice, 539 10 Aug. 1}s Para. 3 C. O. 22 Aug. 1837 enjoining Sp. Depy. Cols. to furnish Cs. R. with copies of S' 33 decrees, superseded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Course to be followed in appeals in consequence of modification new Rules of Practice, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621 | 9 Jan. ,44. 194 Injunction to bring resumption operations to a close,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650 | 18 Aug. 45. 233 No new suits to be instituted with reference to draft Act respecting alluvion, . . . . . . . . . . . . . 656 2 Jan. ºff. 24() Proceedings in pending suits to be suspended, except such as may be ripe for decision, . . . . • 3 J Lakhiraj file also to be cleared before end of the year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662 24 Mar. ,, 275 . . . . . . . . . . . . . . . . . . . . . . . 617 25 Aug. 43. 190 of C. O. 8 Jan. 1839, by Cs. R, to inspect files of Cols. personally, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 3 y Stopping proceedings where no clear evidence of right to assess exists, . . . . . . . . . . . . . . . tº tº te 3 y 3 3 5 y Nonew suits to be instituted without previous sanction of S. B. R. . . . . . . . . . . tº e º e e o 'º } % 3 5 3 3 5 y C. O. 24th March 1846 explained to refer only to lakhiraj suits,. . . . . . . . . . . . . . . . . . . . . . 6%. 23 July º 250 And not to suits under Sec. 30, Reg. II, of 1819, or to chur cases,. . . . . . . . . . . . . . . . . . e tº 3 y J. J. , , Attention called to decisions of Sudder Court, ruling that Civil Court cannot interfere with 734 || 7 Mar. , 49. 351 decision of Resumption Court,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whether as respects the validity of a grant or the extent of land covered by it, . . . . . . . . . . 3 3 3 5 3 3 3 5. Nor when proprietary right is determined as a part of the question of assessment,. . . . . . . . 3 J. 3 J. 3 3 3 y Further, that decisions respecting mokureree grants º: Reg. IX. of 1825 cannot be questioned by Civil Court, e - e . . . . . . . . . . . e s e - e s a • * * * * * * * * * * * * * * * * * * * * * * * 5 y 5 5 3 3 5 5 This construction has reference only to cases under Sec. 5, and not under Sec. 2, . . . . . . . . y 2 3 * 3 y 3 y Under Sec. 2, recourse to Civil Courts provided for by Reg. VII. of 1822, ... . . . . . . . . . . . . 33 3 x Q 33 5 3 Proceedings under Reg. IX. of 1825 to state the Regulation under which they are held, . . . , 33 J 3 3 3 Together with mention of Depy. Col. being empowered to undertake the duties, . . . . . . . . . . . 9 3 3 J. y 5. Separate quarterly Returns dispensed with, . . . . . . . . . . . . . . . . . . . . . . . . . 827 | 17 Sept. , 50. 467 Being incorporated with quarterly Returns of Col.’s Business,. . . . . . . . . . . . . . . . . . . . . . . . Orders repeated. If party in possession of resumed land was not a party to the suit, a new suit mecessary, . . . . . . . . . . . . . . . . . . . . . . . . .' * : * : * * : ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '.....' ... 843 26 Dec. , || 5 || 1 Officer decides land to be included in resumption decree, claimant may 35 3 5 2 3 3 J. When settlement appeal to Sp. Com., . . . . . . . . . . . . . . . . . . . . . ; ' ' ' ' ' ' ' ' ' ' ' ' ' * 3 2 j 3 ,, 512 Or if he gives up land, Revenue Officer may appeal; ; ; ; ; ; ; ; ; ; ; ; ; s & . e. e º 'º e s s 33 ° 5 3 3 3 5 9 If decision confirms rent-free tenure, case to be submitted to Cs. R. within 15 days,. . . . . . y 3 $ 2 ,, . 522 If decision in purchased Estates is adverse, Cs. R. may appeal to Sp. Com. . . . . . . . . . . . . J. J. 3 J. ,, . 523 Rule respecting non-assessment of tenures not exceeding iO beegalis applicable to rent free • * * * * * * * * * * * * * * * * * 33 a 3 3 3 2. 3 y lands in purchased Estates. . . . . ...:... : :"...; ; ; ; , , , , , is ' ' ' RETURNS (PRRIODICAL). See PERIODICAL RETURNS. RETURNS OF SETTLEMENTS. See SETTLEMENT and PERIODICAL RETURNS. RETURNS OF SUMMARY SUIT APPEALS. See PERIODICAL RETURNS. REVENUE. Duties may be assigned to Assistants residing in interior with separate juris- dictićn, . . . . . . . . . . . . . . . . . . . , s e e < e < e < * * * * * * * * * * * ... . . . . . . . . . . . . . . . . . . . . . . . . 646 | 20 June ,45. 225 If not interfering with discharge of judicial business,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3 J. 3 3 33 * xlviii INDEX. * * 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 763; 1850 to 843. Current revenue of single Estates may be suspended under authority of Cs. R. . . . . . . . . . But not beyond the year, nor extending over a tract of country, without sanction of S. B. R. REVENUE ADMINISTRATION REPORT. See ANNUAL REPORT and PERIODI- CAL RETURNS. U. 0. REVENUE DEFAULTERS. Return of. See PERIODICAL RETURNS. REVENUE SURVEY. See SURVEY and SURVEYOR. REWARDS For destruction of wild beasts. Scale of charge to be allowed, . . . . . . . . . . . . . . ROOBOKAREES To be adopted in addressing Moonsiffs, and not perwannahs, . . . . . . . . . . May be employed by Principal Sudder Ameens in communications with Covenanted Officers, ROYLE (DR.) His memorandum on the varieties and prices of wheat, . . . . . . . . . . . . . . . . His observations on culture of cotton, . . . . . . . . . . . . . . . . . . . • * : - - - - - - - - - - - - - - - - - - - RULES OF PRACTICE. Modification of old Rule XVII. . . . . . . . . . . . . . . . . . . . . . Also of Rule XXXIX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Also of Rule IX: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NEw RULES PASSED BY Govt. on 27TH JUNE 1842. Cs. R. to exercise authority vested in S. B. R. by Reg. I. of 1829,. . . . . . . . . . . . . . Rule I, S. B. R. competent to revise and report on proceedings of subordinates not final by Law, II. English report on proceedings need not be forwarded by Cs. R. to S. B. R. unless called for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... III. S. B. R. to refer cases to Govt. by desire of Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV. Cs. R. to report deficiencies in Treasuries and circular instructions issued, . . . . . . . . . . . . W. S. B. R. to refer to Govt. matters of general interest, . . . . . . . . . . . . . . . . . . . . . . . Matters coming before S. B. R., to be disposed of by both Members, . . . . . . . . . . . . . . VI. If Members do not agree, question to be referred to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . Cols. may confirm temporary settlements with jummas not exceeding 200 Rs......... VII. Subject to appeal to Cs. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers below rank of Col. not to exercise this power without authority of Govt. . . . . . Cols. to submit to Cs. R. and Accountant, Returns of Settlements confirmed, • * * * * Cs. R. may confirm all temporary settlements with jummas above 200 Rs. . . . . . . VIII. Subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs. R. to transmit to Accountant Returns of Settlements confirmed, tº e º 'º º ºs e º e a Col. may annul leases or temporary settlements on default, jumma being under 200 Rs. Making arrangements for future management of the Muhals, tº e º º tº e º 'º º e g º gº Subject to revision of Cs. R. but without report, . . . . . . . .". . . . . . . . . . . . . . . . . . . . . Intimating proceedings regularly to Accountant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If jumma exceed 200 Rs, report to be made to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cs. R. may confirm permanent settlements, subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... X. sº Returns of confirmations to Accountant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority to confirm permanent settlements with small jummas will in special cases be granted to Cols, or other settling Officers,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI. Revision of settlement ordered by Cs. R. not to take effect till end of year,. . . . . . . . . . XII. Unless reduction of rent is involved, or the benefit of the party require it, ... . . . . . . . . . . . Or unless it be necessary to give the order immediate effect,. . . . . . . . . . . . . . . . . . . . . . . . . . In farms or temporary settlements, S. B. R. may abate jumma when necessary, . . . . XIII. S. B. R. may sanction removal of non-existent Muhals from Towjee, . . . . . . º e & 4 º Reporting proceedings to Govt. and Accountant, . . . . . . . . . . . . . . . . . . . . . . • tº º S. B. R. may sanction remission of irrecoverable balances, . . . . . . . . . . . . . . . . . . . . . XIV. Furnishing statements to Accountant and Govt. for confirmation,. . . . . . . . . . . . . . . . . . . . . . But remission of current revenue cannot be granted without authority of Govt. . . . . . . . . . . Except in estates held khas, on sufficient ground, . . . . . . . . . . . . . . . . . *... • Cs. R. may sanction remission of balances in Estates held khas, . . . . . . . . . . . . . . . . . . XV. Also balances being difference of actual and Towjee demand, . . . . . . . . . . . . . . . . . . Making report of proceedings to Accountant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S. B. R. may sanction refund of collections from Muhals erroneously resumed or relin- quished, with interest, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVI. ix. e & e º e º e º e e s e º e No, Date. 743 29 June , 49. 2 3 3 y 33 776 22 Feb. , 50. 47 l 13 Oct. ,38. 474 || || 6 3 3 3 3 693 18 Sept. , 47. 702 21 Feb. ,48. 476 || 23 Oct. , 38. 482 || 8 Jan. , 39. 496 || 17 July , 599 || 10 Aug. , 42. 3 y 3 3 33 3 3 33 3 3 33 33 3 y $ 3 3 J. 3 y 33 55 3 5 > 5 3 J. 3 3 33 33 33 35 33 3 3 3 3 3 * 3 y 3 5. 3 J. 5 3 35 33 3 y 2 3 3 J. 3 3 3.3 55 5 3 9 3 & 33 5 y $ 3 B age, 373 , , INDEX. xlix J ~. * - * * * * > 39 y t837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 603; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 763; 1850 to 843' No. Date. Page. And payments in excess of jumma fixed on confirmation of settlements, . . . . . . . . . . . . . . . 599 || 10 Aug.,42, I75 Also compensation to Maliks for loss of settlement in badshahee tenures, . . . . . . . . . . . . . . . . J 3 95 J 3 3 3 Reporting proceedings under this Rule to Accountant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3 3 3 y 3 y S. B. R. may sanction refunds of any flescription connected with Land Rovenue not above & 500 Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVII. , J.5 5.3 5 y Cs. R. may sanction malikama payments to disseised proprietors in Estates held khas or J farmed, not exceeding 10 per cent,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVIII. , 33 ,, . 176 Reporting proceedings under this Rule periodically to S. B. R... . . . . . . . . . . . . . . . . . . . . . . . ,, 53 3 y 3 y Cs. R. may exercise powers of Court of Wards, ... . . . . . . . . .”. . . . . . . . . . . . . . .”. . . . . XIX. ,, 9 3 j 9 || 5 y But investment of surplus receipts, except in Govt. securities, requires report to S. B. R... , 33 3 3 35 Cols, may grant redress in civil suits if within their legal competence, . . . . . . . . . . . . . . XX. ,, 33 3 3 33 If not, and the claim should be compromised, C, R, to report to S, B. R. . . . . . . . . . . . . . . . , 3 J. 3 J. 53 If C. R. think party should be left, to prosecute, he will report to S. B. R. for instruc- tions, . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * *** - - - - - - - - - - - - - - - - - - - - - - - - ... XXI. 3 3 3 y 33 5 § In original suits or appeals in Žillah Courts, C. R. has powers of S. B. B. . . . . . . . . . . XXII. , , » 9 3 3 J. But appeals to Sudder Court will be carried on by S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . 35 3 3 35 3 J. S. B. R. may sanction continuance of hereditary pensions when decreed, or recognized as permanent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º º tº ſº ſº º e º e º º ºs e º 'º º e º e º e º 'º dº e º 'º a XXIII. , , 3 * ,, . 177 Submitting a report on each case to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 3 5 J 5 y 9 S. B. R. may recommend continuance of life pensions to heirs on sufficient grounds, XXIV. ,, 5 y 3 3 5 3. S. B. R. may restore pensions lapsing from non-attendance for 12 months, . . . . . . . . XXV. ,, 3.5 3 J. J 5 Cs. R. and S. B. R. competent to pass contingent charges up to 500 Rs. . . . . . . . ... XXVI. ,, 5 3. 3 3 j 5 S. B. R. may authorize disbursements under decrees of Court, ... . . . . . . . . . . . . . . XXVII. ,, 3 3 3 3 5 3 Also adjustment of law charges when irrecoverable, . . . . . . . . . . . . . . . . . . . . . e is tº ſº ºp e 5 3. 5 5. 5 3 5 5 Transmitting report of proceedings to Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 } } 3 5. 3 3 Cs. R. may sanction adjustment of irrecoverable diet allowance to defaulters in confine- ment, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... XXVIII. , 5 3 5 5 J. J. Cs. R. may not authorize Tuccavee advances without sanction of S. B. R. . . . . . . . ... XXIX. ,, 2 3 3 J. j 3 Authority of S. B. R. requisite for altering mumber, designation or salaries of fixed esta- blishments of their subordinates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXX. , 5 3 3 3 3 * And of Govt. for increase of aggregate expense, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J 33 ,, . 178 Cs: R. may sanction temporary establishments for , measurement previous to settle- ment,.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXI. , 3 3 33 32 Determining scale of remuneration to be allowed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 9 3 3 5. J. J. Cs. R. may authorize establishments necessary for partition' of Estates, ... . . . . . . . . XXXII. , 33 3 3 3 3 Fixing the amount of remuneration to be allowed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 3 3 3 3 2 And furnishing periodical Returns for sanction of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . , 33 5 5 3 3 Cs. R. to submit certain periodical Returns to S. B. R., and S. B. R. to Govt. ... XXXIII. , ,, . » 3 y Rules of Practice do not affect power of Govt. to call for or revise any proceeding of any authority not final by Law, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXIV. , 3 3 3 * 3 5 Construction of Rule VI.-A single Member may call for a report or papers, . . . . . . . . . . . . 637 29 Jan. ,45. 210 When requisite for forming a judgment on a case, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 3 3 3 3 3 Rule XXVII. modified. Cs. R. may sanction charges for conducting suits, . . . . . . . . . . . . . 806 || 5 July ,50. 449 S. B. R. reserving power to sanction remissions of irrecoverable advances, . . . . . . . . . . . . . . . , 95 3 J. 3 2 RULES Relating to summary suits and distraint. Proposed by Mr. Elliott, Depy. Col. of Chumparum, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704 || 9 Mar. 48. | 311 RYOTS. Claims of khoodkasht and kudeemee ryots and talookdars to pay a fixed rent, to 3. be investigated in framing rental of Khas Muhals,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 838 19 Nov. , 50. 498 Dispossession of tenants unauthorized by Law, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 × 5 y ,, . 499 Liable to imprisonment for withholding information regarding Estates under settlement,.. 843 26 Dec. , || 5 | 1 SALE Of distrailed property. Distrainers not competent to sell houses, trees and other real property of tenants for rent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661 20 Mar. ,46. 244 Application for sale need not be 6th stamped paper, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680 19 Feb. 47. 273 Péon's tulubama for serving motices under Sec. 5, Reg. XXXV. of 1795 not chargeable to defaulter, . . e. e. e. e. e. e. e. e. e. e. e s e e - e - - e s - e = < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 J y 5 5 J 5 y Commission allowed by Sec. 2, Act I. of 1839 to cover all expenses, . . . . . . . . . . . . . . . . . . J } 55 j 3 53 N } + INDEX. e. * O wº U 1837 to No. 419 ; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620: 1844 to 635; *345 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. No. Date. Page, For Abkaree arrears, to be made by Col. on requisition of that Department, .... •. . . . . . . 759 || 7 Sept. 49. 382 Of putnee tenures. See also PUTNEE TENURES. e -- Power of Depy. Cols. to hold sales. See DEPY. COLS. UNDER REG. IX. of 1833. Becision of Sudder Court that sale can be held only by Col. of District in which tenures are O fiscally situated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . 803 || 25 June ,50. 447 E. of selling with reference to civil jurisdiction to be discontinued, .. ". . . . . . . . . . . . . 35 J. J. 35 33 or realization of butwarrah expenses, to be made under class 6, described in Sec. 5, Act I. of 1845, • * * * * * * * s e e s e e s a s e - e < *, * * * e º e º e s e s e s e s is e e s a t e º e º e º e º e s tº e & e s e º 'º e º ºs 840 6 Dec. 5 y 5 Power to hold sales under Act VIII. of 1835 may be dekegated by Cols, to Deny. Cols. ... No.2 | Precedent. 5 SALE ADVERTISEMENTS. See ADVERTISEMENTS OF SALE and TULUBANA. SALE FOR ARREARS OF REVENUE. See also ADVERTISEMENTS OF SALE. Reasons of omission to sell gn advertised date to be recorded, . . . . we tº e º 'º Cols. to test reports of payment of balance made to avert sale,.. 453 | 12 June ,38. 45 • ‘e’ - - - - - - - Power of Assistants to Cols. to hold sales. See ASSISTANTS (coveNANTED). (). O - Attention enjoined to Cl. I, Sec. 27, Reg. XI, of 1822, tº e º e º e º e º e º e º sº e s tº us tº a 466 21 Aug. , 62 While sale is contested, proceeds not liable for debts of proprietors, 55 5 5 j 5 3 3 When appeal is preferred, notice thereof to be given to Col... . . . . 3 y 3 5 3 3 3 3 Cols. responsible for unauthorized appropriation of proceeds before appeal is disposed of, . . . . > * , Of temporarily settled Estates, may be finally disposed of by S. B. R. . . . . . . . . . . . . . . . . . 476 23 Oct. , 73 But sales of Estates not permanently settled considered inexpedient, unless circumstances render it unavoidable, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a * * * * * * * * * tº e º º e º ºs º º 9 3 $ 3 3 J 5 3 Reports to be accompanied by Account Sale, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y 5 y 3 5 3 Prohibition to ryots to pay rent, except when Estates are sold for their own arrears, irregular, 483 || 23 Jan. ,39. 76 Sec. 22, Reg. XI. of 1822 applicable only to sales of this description, . . . . . . . . . . . . . . . . . . Form prescribed for foot-note of sales confirmed and cancelled in quarterly Towjees of JJ $ 9 33 3 3 Cols... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488 1 May 2, 8() Fees for registry not applicable to transfers by sale for arrears, ... . . . . . . . . . . . . . . . . . . . . . 498 || 31 July , 86 Rules to be observed in adjourning or postponing sales, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 499 3 5 55 5 3 Adjournment from day to day to be inscribed on ishtehar, 5 5 J 3 33 87 And in copy of sale papers transmitted to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 J. 25 3 J. In postponements to a future day, copies of advertisements to accompany the case, ... . . . . 3 J. 3 J. 5 y º, As well as when case is transmitted in appeal to S. B. R. Sales not to be fixed for days when Courts are closed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 | 19 Nov. , 99 That is, the holidays specified in C. O. 20th June 1837, as allowed by S. D. Adt., . . . . . . 33 • , , 5 5 3 y Sales held on such days may be reversed at discretion of CŞ. R. . . . . . . . . . . . . . . . . . . . . . . . . 5 § 3 3 } 3 Lots to be called on regularly and not out of turn, * * > * * * * * * * * * * * * * * * e º e º a gº 512 16 Dec. ,, 101 Except at the desire, or for the benefit of the owners, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Numbereof days when Appellate Court is closed, to be added to period allowed for appeal, 536 || 5 Aug. ,40. l l 5 Surplus proceeds not to be paid on requisition of Court, while sale is contested,. . . . . . . . 553 || 4 Jam. ,41. 131 Till 12 years after confirmation, proceeds payable only to former proprietors,.... e Q e º ºs e º ºs 3 J. J } 3 J. 5 3. Upon their requisition, Courts to be referred to Secs. 22 and 27, Reg. XI. of 1822, ... . . . . . , 59 ,” ,, Surplus or other money of individuals not to be left in Treasury,... . . . . . . . . . . . . . . . . . . . . 556 25 , ,, . 133 But to be paid over at once or credited in account, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3 y 3 y 5 3 Notice of surplus to be immediately served on recorded proprietors, .... 3 3 3 y 3 3 3 3 Requiring them in 15 days to receive the same or to state their wishes, ... ... . tº e º tº e º 'º e º ºs 2 3 33 3 J. 5 3 In failure of which, no objection will be heard against appropriating the surplus to meet amy Govt. demand, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 y » ' ', Nor will any claim to interest be admitted,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 3 3 3 9 3 3 C. O. 4th Jan. 1841, No. 1, not intended to interfere with attachment of surplus proceeds when ordered by Civil Court, . . . . . But on requisition for payment, Court to be referred to Secs. 22 and 27, Reg. XI. of 1822, 2 3 5 3 5 5 5 3 Instructions on questions of detail connected with working of Act XII. of 1841, . . . . . . . . . 579 6 @ct. , 148 Four sale days in each year, and two for broken period of 1841-42,.... . . . . . . . . . . . . . . 33 55 53 55 Viz. 28th Jamy. and 5th April for Bengal and Umlee Districts, . . . . . . . . . . . . . . . . . . . . . . 3 y 35 5 3 3 * And 21st Jany, and 15th April for those in which Fuslee era is prevalent, • * * * * | 3 × ” &” 3 × Arrear to be reckoned according to kistbundee, not English months, . . . . . . . . . . . . . . . . . . 35 25 » 23 } J ) …) INDEX. * tº ºr & J tº 1837 to No. 419, 1838 to 401; 1839 to 518; 1840 to 552; 1941 to 588, 1942 to 308, #13tog20; 1944 to $35, 1845 to G5, 1945to879, 1847 to gº tº toº, gº toºga, isotoº. * } Demand at first sale of Jan. 1842 to,be limited to arrears of 1848 B. S. or 1249 F. and U. S. For previous years, and for interest, process described in Sec. 8 to be adopted, .... .. Interest on previous arrears will continue to run till liquidation, * & g º e º e º ºs e º 'º e º tº e º a , Kist of Aghun which becomes an arrear on 1st J anuary, not chargeable wish interest, ... . . Muhals with jummas below 10 Rs. nét to be put up at January'sale, ... . . . . . . . Parties bringing money on last day to put it up in sealed bags,.... ...... .... . . . . . With a memorandum specifying Estate, name of payer and amount, Bags remaining uncounted to be locked up under joint key of Col. and Treasurer, .... ... .. Parties paying, responsible for short payments found on opening bags, Col. may make allowance for occasional occurrence of bad Rupees, ... . . . . . . . . . . . . . . . . . . “Lowest number” in Sec. 14 explaimed to be the lowest number on Towjee, ... ... .. Lithographed ishtehars notifying fixed dates to be duly published, Attention called to Gazette fixing sale dates, ...".. And º imme diate publication of notice u Substance of notice to be made generally known, Dates for Districts where Ben and 28th March, ... . . . . . . And where Fuslee era is cul gal or Umlee era is current, Ty tº ſº º º ider Sec. 3, Reg. xii. of 1841,... . . . 28th June, 38th Sept. 28th Dec. rent, 7th June, 38th Sept., 28th bec, and 38th March. . . Estates with jummas less than 100 Rs. to be sold once, twice, or thrice in the year according to jumma, . . . . Estates with jummas of 10 Fuslee Muhals, in June, .. Exceeding 10 and less than 50 and in Fuslee Muhals, in Dec. and June, Exceeding 50 and less than 100 Rs., in Beng March and June, . . . . . For Sylhet 28th Sept., or before day preceding the fixed date, In default, Estate will be exposed to sale, ... . Quarterly Return prescribed of sales after each fi xed date, ... . 18th January, and 18th April, . . . . . . g Notice not applicable to Chittagong, the dates for that Divisio Report required of result of January sales in a given form, ... . Parties paying into another Treasury, to produce chelan or receipt of Col. of that District on Rs, and under, in Bengai and umlee Muhals, in March, and in Rs, in Bengal and times Muhais, in Dec. and March, ai and Umies and Fusee Muhais, in Dec. n being fixed b y the Comr. Form of statement directed in C. O. 9 Feb. 1842, to be chserved, . . . . . . . . . . . With separate entries for sales under Secs. 3 and 8, .. Process in Sec. 8 of the Law to be observed whenever sett Estates sold, . . . . Quarterly Return to of Practice, Wºen purchase money } tº gº tº tº º Notification of resale not to contain any declaration respecting p lements have not been confirmed, Also a separate head for sales of rights and interests for demands other than arrears of S. B. R., and annual from S. B. R. to Govt., enjoined by new Rules is not made good, Estates to be resold, ... . . . . . . . . . . . . . . . . . . . . . . Arrear, if tendered, not to be received in bar of resale, . . . . . . ayment of arrears, . . . . . . Rules to be observed when sales are proposed to be held by Depy. No Depy. Cols. to hold sales without authority from Govt. ... .. Application to specify name of Officer and reason for selection, tº º tº gº In urgent cases, Col. may empower a Depy. Col. to sell, . . . . . . . . . . . . . . . . But report to be immediately made for confirmation of Govt. . Tender of payment after sunset of day preceding fixed date d e Even though the sale date may have been postponed on account of holidays, .... Cols. . . . . . . . . . . . . . . . oes not bar sale, . . . . . . . . . . . . Of shikmee talboks in Khas Muhals, to be held under Sec. 25, Reg. VII. of 1799, . . . . . . lymay be entertained by Cs. R. on whatever ground, ğ. of sale days fºxed for remaini and for 1845-46 and succeeding years, ... . . . . And appea Notices in Substance of notices to be made generally known, . . . . } Latest date of payment for broken period of 1844-45, mg perio d of 1844.45, under Act I of 1845, 38th March, in Sylhet, isin April, No. 549 J 3 li Date. Page. 6 Oct. 341. 148 5 y 3 3 3 J. 3 J. 3 9 3 3 3 5. 35 * > * j > ,, . 149 5 3 33 } 3 3 5 y 5 3 5 y 3 3 33 3 J 3 3 5 J 3 J. 3 3 5 3 3 3 53 3 9 3 J. 9 3 y 9 5 § 22 Jan. , 42. 153 3 3 5 3 3 3 $2 3 J 3 5 3 3 3 3 154 3 3 3 3 3 3 5 3. 5 5 5 y 33 3 y y 2 35 3 3 3 3 3 J. 3 y 3 5 3 J. 3 y 3 3 3 y 3 3 5 3 9 Feb. ,, 155 23 , 5 § } 59 5 3 5 J 5 5 18 May ,, 161 5 3 3 3 5 5 j 3 55 j 3 3 3 5 3 3 3 3 3 } y 3 53 10 Aug. , , 78 7 Sept. , S2 5 3. 3 * 5 3 y 5 5 3. 3 * 9 Nov. ,, 183 3 3 5 y . | 84 5 y 5 5 5 y X 3 3 y 3 5 3 3 3 3 5 5 4 Sept. , 43. 191 5 * 3 3 35 8 Mar. , 44 196 3 J 33 3 3 22 Feb. ,45. 210 5 3 3 5 2 | 1 lii INDEX. t 0 e 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608, 1843 to 620; 1844to 633; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. SALE IN EXECUTION OF DECREES OF COURT. For 1845-46 in Districts where Bengal or Umlee style is current, except Sylhet, 28th June, 28th Sept. 28th Dec, and 28th March, - * * * * g e ºs e º e º 'º e º e Where Fuslee style prevails, 7th June, 28th Sept. 28th Dec. and 28th March, . . . . . . . . . . Estates with jummas under 10 Rs., to be sold in March in Bengal and Umlee Districts; and in Fuslee Districts in June, . . . . . . & 0, Above 10 and not exceeding 50 Rs., in B in Fuslee Districts, June, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Above 50 and mot exceeding 100 Rs., in Bengal, Umlee and Fuslee Districts, Dec. March and June, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For Sylhet, 28th Sept. 18th Jan. and 18th April, Dates for Chittagong Division will be fixed by C. R. of the Division, .. Form of advertisements under Act I. of 1845 enjoined, • '..e. . . . . . . . . . . . . . . . . . . . " - Advertisements to be published in language of District in English and Vernacular Gazatte, Together with an English version in the former, • * * * * * * * * * * *As a e e e s e º e s a Notices under Sec. 6 not to be affixed to Judge's Court during holidays, ... . . . . . . . . . . . . . . Latest date of payment in Sept. falling when Cols.’ offices are closed, to be postponed till first open day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When latest date falls on a Sunday, the first open day to be taken as latest date, ... . And motices of sale in Judge’s Court mot to be issued till opening of Court, ... . . . . . . . . . . When portions of Estates are attached under Cl. 2, Sec. 5, Reg. II. of 1806, entire estate exempt under Sec. 10, Act I. of 1845, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms prescribed of Estates sold and exempted, and deposits forfeited, . . . . . . . . . . . . . . . . C. O. 4th Jan. 1841 No. 1 respecting payment of surplus sale proceeds rescinded, . . . . . . Rule of C. O. 6th Oct. 1841, para. 9, about receiving tenders to be considered in full force, Col. to be present until Sunset, or his Assistant, or a Depy. Col. . . . . . . . . . . . . . . . . . . . . . . Of property of farmers of Govt. Revenue and under Court of Wards and their sureties, ... .. Land belonging to a farmer of Govt. revenue and his surety may be sold under Act 1 of 1845, As coming under the 4th class of arrears specified in Sec. 5, . . . . . . . . . . . . . . . . . . . . . Land belonging to farmers under Court of Wards Saleable under the same Law, , . . . . . . But arrears come under 6th class in Section 5, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If contrary practice has prevailed, warming of intended change to be given, ... . . . . . . . . . . Explanation of motice of latest dates of payment with reference to jummas of Estates, . . . . When jumma is 10 Rs. and under, the date is 28th March in each year, ... . . . . . . . . . . . More than 10 and below 50 Rs., 28th Dec. and 28th March, . . . . . . . . . . . . . . . . . . . . . . . . More than 50 and below 100 Rs., 28th Dec., 28th March and 28th June. . . . . . . . . . . . . . Lots belonging to same proprietor may be exempted when arrear is covered by sale of previous lots,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interference with sales deprecated when term for appeal has expired, ... . . . . . . . . . . . . . . . . A memorandum of dates of sale and appeal to be laid before Cs. R. when appeal is presented, Of Estates summarily settled—sale to be avoided if possible, tº $ $ tº tº e º g º ºs º ºs º e º e º tº º If unavoidable, rights of engaging sharers only can be sold, ... . . . . . . . . . . . . . . . . . . . . . . . . Ruling of S. D. Adt. that when one sharer applies for his share of surplus proceeds, the other sharers are debarred from suing for reversal of the sale, declared to be applicable only when the sale has become final, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parties paying revenue into the Treasury of another District, to produce receipt of Col. of that District before sale, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If receipt be presented before lotbundees are made out, estate need not be advertised, . . . . Of Wards Estates for debt, in law * * * * * * * * * * * * * * * is tº e º e s e º e ngal and Umlee Districts, Dec. 'and March ; and a private transaction,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Estate sold continues burthened with liabilities as in other sales for decrees, .. & & © g º e If arrear due, it need not be deducted from sale proceeds, ... . . . . . . . . . . . . . . . . . . . . . . . . . . But declared in advertisement to be payable by purchaser, . . . . . . . . . . . . . . . . . . . . . . A decree-holding purchaser may grant his receipt for amount of his claim in payment of purchase, sº º e º e º & Cº º Provided claims of other parties are not thereby infringed, tº ſº tº º 'º e º 'º e º 'º e º ſº º is tº € & © º º And that demands of Govt, revenue are previously settled, . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e s e . No, 638 5 5 95 53 737 No.9 455 Date, Page, 22 Feb. ,45. 21 | 5 3 y 3 212 53 5 5 5 3 3 3 . 5 5 18 April , 223 20 June ,, 224 28 Aug. ..., |234 3 , , ,46. 250 5 y x 5' 5 25 1 33 5 3. 35 3 J. 5 5 252 2 Feb. ,47. 271 12 Mar. ,, 273 11 May , 49. 360 19 June ,, 370 5 3 33 5 5 5 5. 5 s 372 17 Aug. ,, 381 5 3. 5 5 5 5 28 May ,50. 438 22 Nov. ,, 494 19 5 3 3 J. 504 Precedent 3 July ,38. * . 13 Mar. , 39. 3 5 *% 2 J | INIDEX. liii y \ ) 1837 to No. 410; 1839 to 481; 1839 to 513; 1840 to 552; 1941 to 583; 1842 to 698; 1343 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 768; 1850 to 843. No. Date, Page. Dates not to be fixed for sale when Courts are closed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 | 19 Nov. ;39. 99 Holidays intended are those mentioned in C. O. 20th June 1837 as allowed by S. D. Adt., , J. J. J 2 3 3 Sales occurring on such days may be reversed at discretion of Cs. R. tº t e º 'º º e º 'º º tº e 5 5 3 3 3 3 5 3 Court's instructions to be taken before payment of surplus proceeds of sales, ... . . . 562 21 April,41. 139 The amount being retained in deposit-in the mean time, .... . . . . . . . . . . . . . . . . . . . . . . . . » 3 3 » . . . Declared by Reg. VII. of 1825 to convey only rights and interests of individuals,... . . . . . . . 577 20 Sept. ..., | 1.47 And therefore to be treated as private transfers, so far as Govt. is concerned. . . . . . . . . . . . . , 3 3 32 * >> Deduction of arrears of revenue from Sale price objectionable, & © tº e º ºs e - © tº e º 'º º - tº º tº 33 33 3.5 3 3 As infringing the principle of the hypothecation of land for revenue, ... . . . . . . . . . . . . . . . . . .” 3 5 3 3 3 3 Col. should cause it to be understood that purchaser subceeds to liabilities of former proprietor, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 J. 3 3 3 3 And that the claims of Govt. are in no degree affected by the sale, . . . . . . . . . . . . . . . . . . . . 3 y 35 5 2. 3 y Rules in force in selling for decrees are those prescribed in Reg. XLV. of 1793, . . . . . . 589 27 April ,42. 159 SALE IN EXECUTION OF SUMMARY DECREES. Scale of percentage to Coms. under Reg. I. of 1839, employed to sell distrained property, ... . . . . . . . . . . . . . . . . . . . . . . . . . 489 15 May 39. Sl Of Shikmee talooks in Estates belonging to individuals and not held’khas, to come under Cl. 7, Sec. 15, Reg. VII. of 1799, . . . . . . . . . . . . e • e º ºs 625 | 8 Mar. ,44. 196 But previous summary decree is necessary,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 y 3 3 3 3 Appeal can only be entertained by Cs. R. on ground of irrelevancy of the Law, gº º ſº tº º 33 33 3 y j 3 Of houses, trees and other real property, situated on any other land than the tenure in which default has occurred, illegal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66l 20 Mar. ,46. 244 The only real property saleable is the Talook or tenure in arrear, 670 13 July , 249 Provided it be by usage transferable by sale or otherwise, . . . . . . . . . . . . . . . . . . . 33 3 3 35 5 § Application to Sudder Court not now mecessary to bring tenures to sale,. . . . . . . . . . . . . . . . J3 35 ,, 250 Power to sell being transferred to Cols, by Act VIII. of 1835, since C. O. 19th June 1834, , , 3 J. 2 3 33 SALE COMMISSIONER. See COMMISSIONER UNDER ACT I. of 1839, and DIS- TRAINT. SALE LAW. Act XII. of 1841. Directions for administering it, and dates fixed for sale,.. 584 22 Jan. ,42. 153 Has reference only to arrears of revenue or claims recoverable as arrears, . . . . . . . . . . . . . . 33 33 75 3 x SALT DEPARTMENT. Darogah of. See SECURITIES. SCHOOLS. Establishment of 101 village schools for instruction in the vermacular, . . . . . . . . 636 28 , ,45. 203 Cols. in communication with Cs. R. to determine locations, ... . . . . . . . . . . . . . . e e e '', 3 3 ,, . 204 Annual Report prescribed, commencing with that for 1845,. . . . . . . . . . . . • 53 3 2 2 3 3 5 Qualifications of Masters, and branches of study to be taught, . . . . . . . . © 3 5 35 ,, . 205 Scale of salaries of masters, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 33 y 3 j 3 Distribution of schools by Divisions and Districts,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 3 3 × y 9 Inhabitants of village to provide buildings and keep them in repair. . . . . . . . . . . . . . . 3 y 3 y ,, . 206 Intentions of Govt. to be made known before deciding on locations,. . . . . . . . . . . . . . . . . . . . y 3 > 3 > 3 > 3 3 Populous places to have the preference over others, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 33 33 3 3 If allotted number cannot be established in one District, the complement may be assigned to another in the Division, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y 3 33 3 3 3 y Cols. to apply to Secy, to Council of Education for Masters and books, . . . . . . . . . . . . 95 y 3 33 2 3 System of instruction to be uniform, according to scheme framed by Mr. Lodge, » 3 y 3 3 3 3 Cols. to visit schools at least once a year, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 5 3 ,, . 207 Reporting on them through Cs. R. and S. B.R. to Gov. … . . . . . . . . . . . . . . 5 5 33 3 3 35 Cs. R. to visit schools as often as may be in their periodical tours, . . . . . . . . . . . . . . . . . . . . 3 3 3 3 3 3 $ 3 Master to submit to Col. monthly returns of number of boys and daily attendance, . . . . . . 3 J. 33 3 y 3 3 And to keep a Register containing the same particulats, e e g s e º e º 'º e º 'º - } } 3 3 y 3 33 And at close of the year, to furnish a statement of classes and progress, ... . 3 3 3 3 3 3 3 y Registers to be kept up in vernacular with punctuality,. . . . . . ; ; . . . . . . . . . . . . . . 33 3 y 3 J. j 3 Boys to pay a small monthly sum for tuition, and full value of books, ... . . . . . . . . . . . . . . . . » 3 5 3 y 3 3 Schools occasionally to be visited by Inspector, who will look to Revenue Authorities for assistance! .... . . . . . . . . . . . o. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . } } 2 3 3 3 3 3 Pupils to be charged one anna per mensem for tuition, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640 || 13 Mar. , , , 218 Rateable full value of books from public stores to be charged to schools, . . . . . . . . . . . . . . . . 3 3 3 3 3 3 3 y scheme of instruction prepared in communication with Mr. Inspector Lodge circulated, ... 642 9 April , ) 221 O liv INDEX. t * A. k 1837 to No 419 ; 1838 to 48] ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1943 to 620; 1844 tº 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768 ; 1850 to 843. No. --- Date. J’age. . .... 658 29 Jan. ,46. 242 Masters to be rewarded for diligence from schooling fees, with sanction of S. B. R. . But fees must be accounted for to Cols. in the first instance, . . . . . . . . . . . . . . . . . . ." . . . $ 3 5 y 5.5 Rules for appointment of Masters. Cols. to nominate, subject to approval of Cs. R. . . . . . 660 | 9 Mar. , 243 CŞ. R. to determine grade and salary,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 J. 5 5 ,, . 244 Salary bills to be signed and sent for audit by Cols. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 3 3 J. > * Expense of Masters chargeable to General Education Fund, . . . . . . . . . . . . . . . . . . . . . . . . . . tº 9 3 J. 5 3 3 y Contingent expenses will not be defrayed by Govt... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663 24 . , 245 Nor any charges, except salaries of Masters, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 $ 9 33 Proceeds of books sold to be remitted to Book Agent, . . . . . . . . . . . . . . . . . . . . . . . . . . . 667 30 May 2, 248 Contingent expenses to be provided for by residents, or parents, not from schooling fees, ... 691 21 Aug. , 288 Schooling fees to be appropriated exclusively to remuneration of Masters, e sº tº dº ſº tº s s & e s º & 5 * 33 3 5 y 5 Statement prescribed as an accompaniment to yearly Report, . . . . . . . . . * * > * * e . . . . . . . . . . 692 || 31 , 3 3 5 5 Report to notice visits paid tu schools, and result of examinations, . . . . . . . . . . . . . . . . . . . . 3 y 5 * 5 5 5 5 And other points of importance not provided for in Statement, . . . . . . . . . . . . . . . . . . . . . . . . 3 3 5 y 3 3 3 5 Information gontained in Statement need not be repeated in Report, . . . . . . . . . . . . . . . . . . . » %, 3 5 y 5 Report to be submitted within 6 weeks from close of year, . . . . . . . • 3 3 5 5 5 § 3 3 Form of Abstract Statement, . . . . . . tº º e º º 289 Schooling fees not to be thrown together into one fund for the use of the schools generally, 713 2 Sept.,48. 330 But kept apart for the purposes of the particular school, • * * * * * * * * * * * * * * * * * * * * * * * * ! 33 » , 5 5 Surplus fees may be dealt with under authority of S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . , , 5 y 5 y 3 3 In remunerating teachers, or providing extra agency, or relieving Govt. . . . . . . . . . . . . . . . . Opening of vermacular schools on Sundays for examination or other purposes, not generally expedient, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716 | 16 , , , || 333 In order to allow Govt. Officers to attend, who are mostly Christians, . . . . . . . . . Former ruling respecting contingent charges, superseded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Such charges may under orders of Govt. be defrayed out of schooling fees, . . . . . . . . . . . . . . . , 5 5 Disbursements on account of contingencies, require previous sanction of S. B. R. . . . . . . . . . 734 20 April , 358 Monthly bills to be submitted for countersignature, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3 3 3 3 Attention called to orders directing visits to vernacular schools, . . . . . . . . . . . . . . . 807 || 5 July ,50. 451 Neglect of this duty will be noticed to Govt. in Board’s report, . . . . . . . . . . . . . . . . . . . . . . - Letters of S. B. R. Sanctioning rewards to Masters to be sent in original to Accountant as * vouchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHOOLS FOR EDUCATION OF FEMALES. See FEMALE EDUCATION. SECURITIES Of Darogahs and others in Salt Dept. Proposal of Bd. C. S. and O. to furnish t Col. with half yearly lists of pledged property, .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 | 15 May 38, 37 In event of sale of property, Cols. to intimate the same to Salt Agent, . Of Treasurers of Cols.—May withdraw without assigning a cause, . . . . . . . . . . . . . . . . . . . . Last clause of bond prescribed by C. O. 17th June 1834, to be omitted in consequence, .. 728 15 Mar. , 49. 3.4 gº tº s tº e 5 y 5'9 3 3 3 2 Obligation therein mentioned not to be enforced against any present surety, • - - - - - s • - || 5 3 3 5 3 5 3 3 If surety intimate in writing a wish to withdraw, one month to be allowed for production of another, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º º 3 3 3 3 ; : " . , , The original surety’s responsibility continuing in the mean time, . & © 3 3 33 3 5 3 y And he being at liberty to associate another individual with the Treasurer for execution of his trust, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y Annual Return of Revision of Securities to S. B. R., enjoined by new Rules of Practice, ... 599 || 10 Aug. , 42. 178 Of farmers. Property saleable for arrears under Sec. 8, Act XII. of 1841, . . . . . . . . . . . . . 635 | 17 Dec. ,44. 203 Provided security bends expressly stipulate for recovery by sale, . . . . . . . . . . . . . . . . . . . . . . !, Of Treasurers. Mr. Accountant General Morley’s schemé for reduction of abount pledged,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639 25 Feb. 45. 213 Amount fixed with reference to gross receipts at Treasuries, ... . . . . . . . . . . . . . . . . . . . . . . 5 2 39 ,, . 214 50,000 Rs. to cover responsibility above 30 lacs, { e e s e s tº e s e º e º a sa tº dº º 'a e º 'º e º an e º e s is e a e 5 5 *. 5 5 5 3 3. 25,000 Rs. to cover responsibility from 15 to 30 lacs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y | 3 5 5 º 15,000 Rs. to cover responsibility from 5 to 15 lacs, and 10,000 Rs. less than 5 lact, ... . . 3 J. ". $ 3. 3 y Effect of lowering the scale, viz. that the situation will be open to larger sections, . . . . . . . . 3 3 3 y 3 y 5 3 Sanction of Supreme Govt. to Accountant General’s scheme communicated, ... . . . . . . . . . . . 684 19 May ,47. 276 Carrying out of scheme suspended till receipt of instructions from Accountant, . . . . . . . . . . 690 27 July ', 287 INDEX. IV > ) A 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 togº; 3843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. Specification of Reyenue Officers from whom security is to be demanded, .............. Malzamin from Treasurer, Nazir, Tehsildars and Surburakars, . . . . . . . . . . . . . . . . . . . . . . . . Hazir Zamin from Record-keepers and their assistants, and Guardians of Wards of Court,.. Practice of insisting on registry before admitting securities disapproved, . . . . . . . . . . . . . . . . * Not to be demanded as a matter of gourse from middlemen in khas Muhals, . . . . If former occupant took none, this may be taken as proof of trust-worthiness, • * p → • Village headmen entrusted with collections, may offer neighbouring headmen as sureties, .. Need not be demanded from parties entitled to settlement or farmers of substance, SECURITIES (GOVT.) See GOVT. SECURITIES. SECURITY BONDS. To provide for additional liability of sureties when Col.’s Treasurer takes charge of a Fouzdaree Treasury, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of farmers and their sureties to stipulate for recovery of arrears by sale,. . . . . . . . . . . . . . . . Attention called to forms of bonds appended 90 C. C. 17th June 1834, . . . . . . . . . . . . . . . Cols. personally responsible for negligence in this matter, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Practice of insisting on registry of bonds before accepting security proffered, disapproved, .. Ruling of Sudder Court that registration of bond is indispensable irº civil suits, declared to be not applicable in summary suits, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEER BALANCES. See BALANCES. SEER, MUHALS. See KHAS MU HALS. SEPOYS. See TROOPS and CARRIAGE. SERISHTADARS Responsible for correctness of Sale Advertisements, . . . . . . Not to be employed merely in reading papers, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subordinate Officers of Moonshee-khanah rather to be employed on the duty, . . . . . . . . . . SETTLEMENT. Cases under Secs, 6 and 9, Reg. XIX. of 1793 may be disposed of by Cs. R. without reference to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Settling Officers to deal with such cases only when revenue is payable to the State, Jumma assessed on dependent talook to be included in gross assets of Estates, e e º 'º e e Temporary settlements and farms when Maliks recuse may be sanctioned by Cs. R. for not more than 10 years, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Also ordinary temporary settlements not exceeding 20 years, and temporary settlements pre- J paratory to permanent settlement, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orders of Cs. R. on settlements subject to appeal to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . And to especial reference to S. B. R. by desire of Settling Officer, . . . . . . . . . . . . . . . . . . . . Correspondence with Supreme Govt. Difference in modes of procedure and forms in use in N. W. Provinces, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mode of recording settlement details observed in Chittagong, . . . . . . . . . . . . . . . . . . . . . . . . S. B. R. to exercise general control, but confirmation of permanent settlements to remain with Govt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of invalid Jaghires in perpetuity, may be confirmed by Cs. R. . . . . . . . . . . . . . . . . . . . . . . Of resumed Muhals to be entered into with lakhirajdars, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number and area of holdings in Khas Muhals to be recorded, . . . . . . . . . . . . . . . . . . . . . . Also name of occupant, and amount of rent for 3 years past, . . . . . . . . . . . . . . . . . . . Each holding to be considered a distinct farm, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leases, specifying fields, may be granted to occupants at fixed rents, . . . . . . . . . . . . . . . . . . Advances to ryots taking leases, bearing moderate interest, . . . . . . . . . . . . . . . . . . . . . . . . Putwaree of village to keep accounts and collect rents of holdings, ... . . . . . . . . . . . . . . . . . A sufficient number of Khas Muhals to be placed under superintendence of a Depy. Col... Rule for assigning malikana, in supersession of badshahee and hookamee Rules, . . . . If party claiming has received malikana for 12 years, or prepared a well-founded claim in " Court, 10 per cent, on net rental to be allowed,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of alluvion. , If Zemindar agrees, jumma of increment to be added to tahood, . Parent Estate and increment thereby constitute a single Estate, . . . . . . . . . . . . . . . . . . . . . . If proprietor objects, chur to b% farmed for 10 years,. . . . . . . . . . . . . . In case of sale for arrears, right of property passes to the purchaser, . . . . . . . . . . . . . . . . . . A record to this effect to be made in settlement proceedings, . . . . Of shikmee Muhals under 100 beegahs in resumed estates to be at ‘e º 'º tº º tº e i & e e s e e s = e º e o e s e tº gº e e tº ſº º º ſº tº e º 'º e & half rental, .. .. .. . : No. 694 33 83. 838 55 3 3 528 635 821 No.1 l 4 l 8 740 3 3 449 9 3 459 3 y 3 J. 3 y 450 Date. ,47 3 3 5 5 24 Sept. 47. 13 Aug. 19 Nov. ,, 29 April 17 Dec. 13 Aug. Precedent. 13 Nov. ,37. 15 June , 49. j 3 3 3 22 Sept. ,37. J 3 35 3 y 3 J. 27 Oct. ,, 93. 3 3 3 J. 5 y 3 3 5 3 5 5. 35 3 3 5 J 5 * 5 5 22 Déc. ,, 23 Jan. , 38. 9 3 5 3. 3 3 2 3 3 J. > 5 y 3 33 3 J 2 3 5 y 53 29 May º 3 9 y 7 Aug. 2, 9 3 32 33 33 3 y 9 3 3 J. 3, 2 3 3 92 ,40. ,44. 3 y , 50. |Page. 298 460 406 407 500 504 | | 1 203 204 460 578 13 369 3 5 5 5 5, 2 lvi IND EX. * 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 637; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768 ; 1850 to 843, No. Date. Page. With an allowance to Malgoozar of 10 per cent. on half produce, ... . . . . . . . . . . . . . . . . . . . 460 7 Aug. ,38. 55 Assessment of superior and subordinate tenures distinct accounts, . . . . . . . . ". . . . . . » 5 y 3 y 3 y A memorandum to be appended to settlement statement shewing assessment of both, * 5 5 * 3 y 5 y , 3 } Of hookamee tenures. Rule X. rescinded, as opposed to Reg. XIX. of 1793, . . . . . . 485 | 16 April ,39. 78 Report required of cases in which parties have been excluded under the rule,.. 3 5 5 3 3 J. 3 x Cess termed bhitouree or molaturfa to be excluded from estimate of assets, ... . . . . . . . . . . . . 49 l 29 May , 83 Being not a land rent, but a tax on trade and capital, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charge of malikana in badshahee and hookamee tenures to be borne by lakhirajdar and Govt. in proportionate shares, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502 21 Aug. , 92 Of resumed Muhals with lakhirajdar to be at half gross rental of land, . . . . . . . . . . . . . . . . . 508 18 Nov. • *-s e e s e e s e 9 3 3 3 5 3 3 9 98 9 3 Or if lakhirajdar is the cultivator, at half gross rent, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 5 3 y 33 Rule to be applied to settlements not confirmed on receipt of G. O. 15th July 1839,. . . . 95 3 y 3 3 3 3 Rule VII. on settlement of hookamee tenures, communicated with C. O. 14th July 1837, modified, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519 26 Feb. 40. 104 That rule not to be held to include cases in which maliks have been debarred from settle- . ment, . . . . . . . . . gº tº º * • * * * * * * e s e s e < * * * * * * * * * * * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * * ~ * * * 93. 3 3 3 J. $ 3 In such cases maliks not entitled to compensation for loss of settlement, . . . . . . . . . . . . . . . . Cs. R. may release, in settlements coming before them, tenures of not more than 10 beegahs appropriated to religious purposes, . . . . . . . tº e e s c s = * * * * * * * * * * * * * * * * * g e º e s e º ºs e º e e 523 14 Mar. ,, 109 Resumption Officers not competent to determine right to settlement, . . . . . . . . . . . . . . . . . . 524 18 But only liability of rent-free tenures to assessment, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of badshahee tenures—lakhirajdar not to be excluded under Rule IX. except for forgery with fraudulent intention,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of resumed lakhiraj tenures, with disseised lakhirajdars, since 5th May 1825, to be at half jumma if still in their possession or in possession of their heirs, . . . . . . . . . . . . . . . . . . . . 538 | 12 Aug. , | 117 Date of settlement roobokaree to be taken for date of settlement, • * * * * * * * * * * * * * * * * | 93 5 3 3 J. 3 3 Rule not applicable to tenures which have passed by sale into other hands, ... . . . . . . . . . . 93 5 3 35 3 3 Upon such the jumma to remain unaltered, e a e e s # e. e º e º e º ºs º e º ºs e º 'º e º 'º e e º e 9 3 $ 2 9 3 9 3 Amy Muhals purchased by Govt. to be restored to former proprietors, ... . . . . . . . 33 3 3 92 5 5 Subject to all obligations and encumbrances which may have since supervened, ... . . . . . . . . . ,, 55 2 3 3 3 And to have its jumma re-adjusted on the half rental principle, 9 3 35 5, 2 3 º' Re-adjustment of jumma to take effect from 1st May 1840, . . . . . . . . . . . . . . . . . tº 3 J. 2 3 $ 2 3 5 Mode of re-adjustment described, with or without malikama allowance, J 3 35 53 5 3. Proprietors assessed at full rates, entitled to refund of excess, . . . . . . . . . . . . . . . . . . . . . . . . 35 5 y 3 3 3 3 But if settlement has been confirmed, retrospective adjustmeit not to be made, . . . . . . . . . . 3.5 j > ,, . 1 19 Recusant lakhirajdars, on engaging, to receive difference between jumma paid and adjusted amount, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3 3 53 l 18 No other refunds, whether on khas collections or from farmers, to be allowed, . . . . . . . 3 y 5 j 3 5. 33 Statements of re-adjustment of jummas and of refunds prescribed, 5 § 33 35 3 y Of resumed lands in possession of lakhirajdars for 30 years, not to be delayed pending re- ference to Govt. under Rule VIII. of Rules of 17th Aug. 1840, . . . . . . . . . . . . . . . . . . . . Date in C. O. 12th Aug. 1840 for re-adjusted jumma to take effect, to be 14th Oct. 1839 instead of 1st May 1840, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 × 3 y 35 Of lands less by taedad than 50 beegahs in one Mouza, not to be proceeded with, . . . . . . . . 564 28 April ,41. 140 Rules for providing for maintenance of village watch in settlement of Govt. Muhals, . . . . . . . 570 19 June ,41. 143 Information to be obtained from Magistrate of number of individuals to be provided for, .. 542 | 16 Sept. , , 123 35 3 3 33 33 And whether they are to be provided for in land or money, . . . . . . . . . . . . . . . . . . . . . . . . . . 9 J 3 y 9 3 3 J. If in land, 3 acres of good land to be assigned to each chowkeedar, and one to each bullahir, ,, 3 y 3 y 3 * If in money, 3 Rs. a month to the former, and l R. to the latter, . 3 J. 2 º' 3 y 33 Statement to be furnished to Magistrate of numbers of the fields assigned, as shewn in - !. khusreh map, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * || 3 5 35 J. J. Revised rule for settlement of alluvial formations, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573 || 10 July , 145 Cs. R. to determine if temporary lease or permanent settlement shall be made, . . . . . . . . . . . ,, * J3 3 J. If consolidation of jumma of chur and of original Estate is objected to, separate settlemen may be made, . . . . . . . . $ The increment becoming a distinct Estate liable for its own jumma, . . . . . . . . . . . . . . . . . . . 32 33 33 , 29 , , INDEX. lvii ) -v \ •+ g 1837 to No. 419; 1838 to 421; 1839 to 513; 1840 to 552; 1841 to 503; 1842 to 603; 1843 to 620; 1944 to 635; 1945 to 655; 1846 to 678; 1947 to 609; 1949 to 719, 1849 to 768; 1850 to 843. J No. Date, Page, In such cases, Cs. R. to see that the boundary between them is clearly defined in a map, ... 573 10 July 41. 145 C., O. 29th May 1839, not meant to prohibit recognition of ground rent,... . . . . . . . . . . . . . . . 574 28 , 5 5 5 y But merely the cess termed mohturfa, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 J 3 3 y 3 3 Which was ruled not to be house-rent, but a tax on trade and capital, . . . . . . 33 y 5 33 º, Farming arrangements with Depy. Cols, for lands in the Districts in which they are employ-) ed, forbidden, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578 20 Sept. , bºy MoDIFICATIONS INTRODUCED BY NEW RULEs of PRACTICE. Settlements to be disposed of primarily by Cols, and Cs. R. respectively, ... . . . . . . . . . . . . 599 || 10 Aug. ,42. 171 Temporary settlements with jummas not above 200 Rs. may be confirmed by Cols. Art. VII. , 53 ,, . 173 Subject to appeal to Cs. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , J 3 J } 3 3 Power not to extend to Settlement Officers below Collectors, without sanction of Govt... .. 3.2 5 3 5 3 3 5 With jummas above 200 Rs. may be confirmed by Cs? R... . . . . . . . . . . . . . . ... Art. VIII. , 53 ,, . 174 Subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 5 3.5 3 3 Leases and temporary settlements, the jumma being below 200 RS., may be cancelled by Cols, on default,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. IX. , , ... " j 3 Subject to revision by Cs. R. but without report, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3 5 3 y 33 If jumma above 200 Rs., report to Cs. R. necessary, s: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 33 3 3 3 y Permanent settlements may be confirmed by Cs. R., Subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At X: 33 55 3 3 33 Authority to confirm permanent settlements at small jumma, will be granted to Cols, or other Settlement Officers in special cases,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XI. ,, 35 53 3 y Revisions ordered by Cs. R. not to take effect till expiration of year, except in special eases,........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. X11 | y, J 3 33 3 J. S. B. R. competent to grant abatements cfjumma when necessary, . . . . . . . . . . Art. XIII. ,, 33 3 J 3.3 Establishments necessary for measurement previous to settlement may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XXXI. , , 3 2 ,, . 178 Independent Depy. Cols, not competent to confirm settlements under 7th Rule of Practice till authorized by Govt. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606 | 19 Dec. 2, 184 Discussion on the question of including or not parcels relinquished under 50-beegah order, in settlement of rest of tenure, . . . . . . . . . . . . . . . . . . . . . gº º e o e o e e s s e e s e e o e s e s s e º s is a s 647 || 4 July ,45. 225 Exclusion determined on by Govt. : : . . . . . . . . . . . . .... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 33 ,, . 229 Of resumed Muhals. If Col. decides that land claimed is included in resumption decree, claimant to be left to appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ... . . . . . . . . . . . . 714 || 9 Sept. ,48. 331 If lands released, Cs. R. may appeal against Col.’s order tº Sp. Com: if necessary, . . . . . . . . . 3 5 3 5 3 5. Report required of systems observed in farming Estates, and in the choice of farmers, .... 721 | 15 Feb. , 49. 348 Advantages of, and objections to, public competion stated, . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 3 3 ,, 349 System of selling leases at a fixed rent deemed preferable, . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 • * , ” y 5 List called for of Estates summarily farmed without regular settlement, . . . . . . . . . . . . . . . * 33 5 5 35 3 3 Proceedings under Reg. IX. of 1825 to specify the Law under which they are held, . . . . . . 724 || 7 Mar. , 35l As well as that the Depy. Col. is empowered to undertake the duty under Sec. 21, Reg. IX. of 1833, . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . © e s tº tº e e s e 6 o e s e º e a y 3 33 5 5 33 Appeals to S. B. R. to be in mature of civil special appeals, . . . . . . . . . . . . . . . . . . . . . . . . . . 772 5 Feb. , 50. 402 That is, upon points of law and practice only; . . . . . . . . . . . . ; ; ; ; ; ; . . . . . . . . . tº e - e º o e - e. 53 J3 3 * 32 And not on points of fact except when there is no remedy in Civil Court, . . . . . . . . . . . . . . , y 5 2 3 . J3 Estates attached by Civil Court may be farmed through Surburakar, for period of attach- .... 780, 19 Mar. , || 418 ment,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ' ' ' ' ' ' ' ' ' ' ' ' ' " ' " But Estates attached by Criminal Court to be retained under khas management, . . . . . . . . 3 3 9 3 ,, . 419 Estates not to be settled with former proprietors, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 793 28 May 2, 438 Except when it is proved that the sale was not owing to his default, . . . . . . . . . . . . . . . . . . . . . 9 J ’’. Report of progress in settlements to be annexed to quarterly statements of Business of Cols. 827 | 17 Sept. , 467 Monthly reports of progress from Depy. Cols. considered objectionable,... . . . . . . . . . . . . . . . » 3 J. 33 33 Rules. For MANAGEMENT AND SETTLEMENT' of KHAS MUHALs. Boundaries first to be defined, and situation of land ascertained, ... . . . . . . . . . . . . . . . . . . . . . 888 19 Nov. ,, 495 Demand from each tenant to be then fixed and recorded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 3 y 33 3 J Eyil & collecting without a previously formed.jummabundee, ... .; . . . . . . . . . . . . . . . . . . . . . .” 33 33 33 A suitable establishment to be engaged to prepare the jummabundee, . . . . . . . . . . . . . . . . . . 3 J J3 33 32 P lviii INDEX. ( , Q; © —A-6 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 603; 1843 to 620; 1844 to 635; 1845 to 655 ; 1846 to 678; 1847 to 698; 1848 to 719; 1949 to 768; 1850 to 843. - No. Date, Page. Nature of jummabundee depends on system of management before prevailing, ... ...... 838 || 19 Nov. 50. 496 Sudden changes of system to be avoided, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , 33 33 ( > 2 Circumspection to be observed in commuting payments in kind into money payments, ... .. 5 § 3 y $ 2 3 2 The former preferable, but the latter may be allowed if circumstances require it, ... . . . . . . . ,, 9 2 3 9 5 2 Existing system to be maintained as regards middlemen or otherwise, ... . . . . . . . . . . . . . . . . . ,, y 5 3 J. 32 If there are middlemen, jumma of past year to be taken for first year of Govt. occupation, ,, 3 y 3 J. 3 3 Past year's jumma may be ascertained from papers of former occupant or by summoning parties, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5 § 3 3 3 3 Indiscriminate demand of security not advisable as a general rule, ... . . . . . . . . . . . . . . . . . 3 3 5 5 3 y y 5 If none was taken by former occupant, this may be accepted as evidence of trust-worthiness, ,, 3 y ,, . 497 If Muhal was formerly held hustabood, a ryotwaree jummabündee to be prepared,... . . . . . . . ,, 35 5 5 5 * Rent paid for the past year to be taken as the foundation, ... . . . . . . . . . . . . . . . . . . . . . . . . 33 33 33 3 5 Extensive Muhals may be divided into hoodahs or allotments, and an Ameen deputed to each, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 }, • 3 3 2 The Ameens to be placed under a Depy. Col. ºr other Officer,. . . . . . . . . . . . . . . . . . . . . . . . . , 3 3 3 3 3 3 Interchange of pottahs and kubooleuts with tenants to be made till detailed enquiry and settlement,. . . . . . . . . . . . . . . . e - - - - - e º e º e º 'o - e. te e º e º e º e - • e < * * * * * * e • * * * * * * * * * * * e a 3 y 5 3 3 y 3 3 The temporary jummabundee completed, Officer in charge to commence a more permanent ! One, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . jo Record of boundaries, soil, liability to drought, &c. to be ascertained and noted,. . . . . . . . . . º 9 3 Prevalent rates also to be ascertained and recorded, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 $ 2 º 3 y Introductory jummabundee to be then compared with lands in each ryot's possession, 32 3 y 3. 35 And measurements made where necessary, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 33 ” 498 Disputes respecting quantity to be settled by measurement, ... . . . . . . . . . . . . . . . . . . . . . * * * | y, 3.3 35 3.2 And respecting quality, decrease or increase of rent, and other claims, by arbitration, ...... 53 35 3 3 5 5 General rules for forming jummabundee, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 9 y 3 y 5 y Claims of khoodkasht and kudeemee ryots entitled to full investigation, ... . . . . . . . . . . . . . . . . 9 J. J. 5 3 Also those of talookdars claiming to hold at fixed rents, . . . . . . . . . . . . . . . . . . . . . . . . . * * * || 33 º 5 y 5 y Other talookdars and ryots liable to assessment at current rates, . . . . . . . . . . . . . . . . . . . . . . 3 y 33 ” 469 Unless rent can be ascertained for 3 years prior to Govt. possession, ... . . . . . . . . . . . . . . . . 3 y 3 3 3 y Engagements to be for a term of years, and to secure the ryot from increase within the term, , 3. 5 3. 35 When increase is levied, notice of demand to be served in or before Jeyt, , . . . . • * * * * | y, 3. 3 5 33 Dispossession of a tenant forbidden as not justified by Law, ... . . . . . . . . . . . . . . . . . . . . . . . . . , º 5 5 5 5 Enhanced rent recoverable under Sec. 25, Reg. VII. of 1799, ... . . . . . . . . . . . . . . . . . . . . . . . . { º 3 y 3 3 Careful enquiry to precede notice of demand of increased rent, ... . . . . . . . . . . . . . . . . . . . . . . . , . 33 5 5. Proof of Serving notice to be carefully preserved, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 32 33 5 3 Pottahs to be given for terms to secure a ryot the benefit of his outlay, . . . . . . . . . . . . . . . . . . 35 3 J. And should mention the kist in which the rents are to be paid, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Few kists necessary when ryots are men of substance; many, when they are poor,. . . . . . . . . . . ” 500 In general, not less than four, nor more than eight requisite, . . . . . . . . . . . . . . . . . . . . . . . . . , 3 y 4)I 3 2 Crops of errant pykasht ryots to be held responsible for the rents, . . . . . . . . . . . . . . . . . . . . . , 3 3 3 y 33 |Betention of lien on crop preferable to imprisonment, . . . . . º e º 'º e º e s tº e º a e e tº e º e e s e 2 5 3.3 35 3 2 Kistbundee may generally be fixed in Srabun, Kartik, Poos and Phalgoon,. . . . . . . . . . . . . . . . 3 3 9 3 Nature and quantity, of unassessed land to be ascertained after completion of jummabundee, , . 3 J. 3 3 Where there are village headmen, arrangement for collection of rents to be made with them, , 3 J. y 3 A percentage being allowed and the use of the waste for term of ryots' pottahs,. . . . . . . . . . } } 3.3 3 5 33 Percentage may be up to 20 per cent. where the ryots are poor, or as low as 2 per cent. 5 y where they have substance, . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - - - , , , 9 3 3. 3 3 For waste lands a written bargain should be made, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 y . A rent-free term being allowed, after which they should be measured and assessed, . . . . . . . , % 3 9 3 5 3. The rate being previously agreed upon and liabilities recorded,. . . . . . . . . . . . . . . . . . . . . . . . . , 3 J. 5 y 3 y Neighbouring headmen may be accepted as security for a headman, . . . . . . . . . . . . • * * * * | * , . 3 y 33 Interference with headman during currency of lease, or demand of papers, not necessary, ... ,, ... 5öl On jotes falling vacant, headman to make arrangements for the land, . . . . . . . . . . . . . . . . . . . , . 33 5 3 Subject to Collector's revision on expiration of lease,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 33 º 3 5 Headmen to deliver a statement shewing alteration in jummabundee when leases expired,... . . 5 y º 3 y , , INDEX. lix Q ...A *— 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 194% 606; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843 * º No. Date. Page , Arrangement of th’s kind not to be forced on the ryots, . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 838 || 19 Nov.’,50. 501 When payment direct is preferred, their wishes not to be opposed, . . . . . . . . . . . . . . . . . . . . 5 y 3 y 3 3 5 y in villages held hustabood, yearly revision of jummabundee necessary, . . . . . . . . . . . . . . . . 5 y 3 y 55 5 * • And adjustments of jummabundee for the year past, . . . . . . . . . . . . . . . . **. . . . . . . . . . . . . . 5 § 2 3 3 * 5 3 Separate papers to be prepared, one shewing land actually tilled, and demand, . . . . . . . . . . 3 y 3 y 3 5 53 And the other, land and jumma engaged for, for the ensuiug year, . . . . . . . . . . . . . . . . . ... . . 5 p. 33 v 35 When jummabundee is altered, new engagements to be interchanged, . . . . . . . . . . . . . . . . . . . , 35 » . . Papers to be prepared by 15th Bysack of each year, if not earlier, . . . . . . . . . . . . . . . . . . . . . , 3 y 3 J. 3 * Returns to be tested, and measurements made if deception is suspected, .....'. . . . . . . . . . . 5 5. 5 y 3 y 3 3 In extensive Estates two or three Muhals to be selected for scrutiny, . . . . . . . . . . . . . . . . . . 33 35 ,, . 502 If settled before under Reg. VII. of 1822, settlement papers to be the foundation of khas rental, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 5 5 55 3 º Unless owing to changes, enquiry village by village should be necessary,.... . . . . . . . . . . . . . , 3 y 3 y 3 y Before resorting to compulsion for payment of rent, 10 days may be allowed before issue of process,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • - - - - - - - - - - - - - - - || 33 `, y 9 , , Col. may proceed by summary suit, distraint, requisition, attachment and arrest, . . . . . . . . . , , , , 5 J 3 3 The most approved system to issue a written demand by a peom, . . . . . . . . . . . . . . . . . . . . . . . .” J 9 33 9 3 One peon to be deputed to a village, and his subsistence charged rateably to defaulters, . . . , 3 y 33 3 3 Next, dustuck for apprehension of defaulters to be issued,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 3.5 3 × 3 2 Attachment of tenure being avoided till it becomes requisite, . . . . . . . . . . tº º tº º & e º e º g º tº e e s ] 3 3 92 95 J 3 No authority for attaching and selling personal property at all times, . . . . . . . . . . . . . . . . . . . » $ 2 3 y 3, 2 When process under Sec. 25, Reg. VII. of 1799 is decided on, rules in Sec. 23 to be followed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 33 3 3 33 Defaulters' land to be sold under Act I. of 1845 at quarterly sales, and shikmee tenures and personal property, under Act VIII. of 1835, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” $ 3 3 y 3 y If arrear remain, the defaulter, if he posseses no transferable interest in the soil, may be ousted, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 33 ,, . 503 But if he possesses a transferable interest, it should be sold under Act VIII. of 1835, . . . . . , J. J. J 3 JJ Similar rules applicable to talookdars and other renters, • , e, e - e = e = e e s • * * * * * * * * * * * { } } 99 3 5 J. J. , When recovery by distraint is deemed suitable for under-tenants, due authority to be given to Officer entrusted with duty of collections, . . . . . . . . . . tº ſº e º 'º e º 'º º g is a e º 'º e e s is e • * * * * : * > y 33 33 33 Nazir or Tehsildar may by custom distrain and sell, . . . . . . . . . . . . . . . . e e o e o e = e - e s • * * * | 3 y 3 J 3 y 32 But the more regular plan is for them to distrain, and to apply for sale to Comr. under Act I. of 1839, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .*; . . . . . . . . . . . . . . . . . . . . . . . . . . 5 § J. J. 35 3 y Above rules not applicable to putnee talookdars of the kind described in Reg. VIII. of 1819,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º e G s tº e º º e e s e e o e s is e o e e s e e s - e e s • * e s || 3 J 3 J. 3 9 33 For such, the process is ale twice a year according to Law,. . . . . . . . . . . . . . . . . . . . . . . . . . J3 y 3 5 3 99 Process under Reg. VIII. of 1819 to be preferred to process under Reg. VII. of 1799,.... 3 y * * * 99 Arrear not to be allowed to remain due more than one year,. . . . . . . . . . . . . . . . . . . . . . . . . . 3 J. 3 J. 3 3 3, 2 Balances of a longer period cannot be recovered without resort to Civil Courts, . . . . . . . . . . . » y 2 35 2 º' Rules not intended to sanction khas management or to preclude farming arrangements, ... 35 y 3 j } 92 The same rules applicable as far as may be, to estates not the property of Govt. becoming khas, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ' ' ' ' ' ', " " ' " ' " ' 35 33 ,, . 504 Rules not intended to discourage summary settlements, but ascertainment of resources desirable before farm, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3 y J. J. $ 2 9 J When any party has rights, summary settlement should not be made by public competition, , JJ JJ) 99 In summary settlements where there are two or more sharers, provisions of Cl. 3 to 6, Sec. 10, Reg. VII. of 1822 to be observed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 3 y } \ J. P. Proprietors entitled to halfjumma to have 50 per cent. allowed on jummabundee,. . . . . . . . . .” 92 2 3 J D Others, 30 per cent., and farmers 20 per centº. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” 33 3 y J 2 sale of an Estate summarily settled to be avoided as much as possible, . . . . . . . . . . . . . . . . . .” 3 2 9 3 J 3 If unavoidable, interests of engaging sharers only can be sold, . . . . . . . . . . . . . . . . . . . : . . . . 3 9 J2 J 2 DJ Provision for making good excess of eventual jumma over summary jumma, not to be insert- ed in engagement,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s ... • e < e a e s = • e • e s e º e s • * > * > || 99 3 J. J 2 $ 9 Nor, if jumma falls short of summary jumma, should any refund be allowed,. . . . . . . . . . . . . .” 2 3 2 D $ 2 security need not be demanded from parties entitled to settlement, . . . . . . . . . . . . . . . . . . . . . .” j)} }} J D lx INDEX. o e o O ſº * 1837 to No. 419 ; 1838to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. - No. Date, Bage- Nor from farmers of undoubted substance,....... . . . . . . . . . . . . . . . . . . . . . . ......a..... 838? 19 Nov.,50 || 504 MANUAL of RULES For SETTLEMENT. © O Enumeration of tenures coming under settlement in Bengal, viz. resumed lakhiraj, towfeer, O purchased Estates and escheats, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 843 26 Dec. , || 510- And of processes comprised in settlements, . . . . . . . . . . . • - - - - - - - - - - - - - - - -e- - - - - - - - - - - - - ) 23 33 3 J. j 3 lsº process. Identification of land. Resumed lands to be identified, . . . . . . . . . . . . . . . . . . . ,, 33 33 32 Exclusive of lakhiraj lands less than 50 beegahs in one village,. . . . . . . . . . . . . . . . . . . . . . . . . ,, 3 J. 32 33 Escheats and purchases of Govt. to be also identified, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 2 3 ,, 5 ll When Muhal is extensive, settlement Officer to make enquiries in person, ......... . . . . . . . , 9 5 y 5 3 3 Otherwise Ameens may be deputed with powers under Sec. 24, Reg. VII. of 1822, ... . . . . , 5 3 3 3 3 y Where salaried officers, as putwarees, &c. exist, they may be so employed,. . . . . . . . . . . . . . . .,, 3.2 3 J. 55 On arrival, Settlement Officer to summon Zemindaree Amlah and others, to point out boundaries,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º s e e º e e s e e º a e º 'º e e e e º e s - e º e < e < e e 35 3 3 35 $ 9 Extent of powers to be exercised by Ameens, to be recorded in sunnud of appointment, . . . . . , ; : * >> 3 y Ryots withholding information liable to imprisonment under certain Regulations, . . . . . . . . . , || 5 2. J 3 3 5 Proprietors and farmers may also be summoned, or village officers through them, . . . . . . . . . , 32 2 3 2 3 Refusal subjects proprietor or farmer to a daily fine, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 y $ 3 5 2 Fines may be imposed by Col. and levied as an arrear of revenue, . . . . . . . . . . . . . . . . . . . . 32 » . 53 But Col. cannot make requisitions of his own authority in cases in which he did not previ- ously possess the power, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e s - s • e > * * * * * * * * o 5 2 3 5 $ 5 9 3 A Depy. Col. cannot impose and levy fines without sanction of superior authority,. . . . . . . . . ,, 5 3. J 9 3 2 If a party in possession of resumed land was not a party to the suit, a new suit must be instituted, . . . . . e e e º e e e e e º e e º e º 'º - e. e. e. e s e º 'º e º e e e º e º ºs tº e º s e º 'º e e s e e s e e s a c e s - e a e º 33 5 3 J 3 3 y If Settlement Officer decides land to be included in resumption decree, claimant must appeal to Sp. Com. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 35 ,, . 512 Or if he gives up any land, Revenue Officer may appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 3 3 2 3 33 When a Zemindar is in possession of a disputed boundary, recourse must be had to the Civil Court, . . . . . . . . . e e s e e e º e & sº º e º 'º º e º ºs e e º e º e º e º e º te e s e e º e © e º e º e º ºs e e º ºn tº e º e º e e s 3 3 5 2 3 5 3 2 Settlement Officer to lay down both undisputed and disputed boundaries, . . . . . . . . . . . . . . . ,, > y 3 y 35 And collect evidence at the same time in proof of the claim of Govt... . . . tº e º e º a ºn o tº e ºs e º e e 3.2 33 33 53 e Settlement Officer may edispose of disputes requesting boundaries of purchased as well as other Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 33 3 3 . Or refer the disputes to arbitrators, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 35 5, 2 5 y In demarcating boundaries, a sketch thereof to be made as a guide to the measurement, ..., | ,, •. 3 3 2 3 Natural landmarks to be shewn in maps, and where wanting, artificial marks to be erected, ,, J. J. 3.5 $ 2 Boundary demarcation map to be prepared as in Survey, and a boundary descriptive state- ment, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2 3 3 53 . 2 J 2nd process? Measurement. Chains of 30 feet, or poles of 30 or 6 feet to be used, . . . . . . 3 y y 2 3.2 3 J. Col. to provide himself with measuring chains, unless bamboos of 30 feet are preferred,.... 5 5 5 y 3 J. j 3 Local measurements to be replaced by standard beegahs or acres, . . . . . . . . . . . . . . . . . . . . . 33 5 y ,, .513 Calculations in measuring in beegahs with a chain or pole of 30 feet, and with one of 6 feet, ,, 2 3 JJ 35 In measuring by acres, system of Surveyors to be followed, . . . . . . . . . . . . . . . . . . * * * * * * * * 9 y 33 3 3 95 Process of calculation in using Granter's chain, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 y 5 3 5 5 55 Calculation if poles or rods are made use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 2 3 2 3 5 2 Mode of throwing the pole and pitching the pins exemplified, . . . . . . . . . . . . . . . . . . . . . . . . . , | 9 3 ,, 514 Adaptation of acres to Bengalee denominations of measurement, . . . . . . . . . . . . . . . . . . . . . . . ,, 3 3 3 3 $ 2 No one to be employed as an Ameen who is unacquainted with mensuration,. . . . . . . . . . . . . , 5 5 5 y 5 y Collector or Settlement Officer to see to the instruction of a sufficient number of Ameens, .. 3 3 3 2 J } 3.3 If lands have already been measured by khusreh, copies of papers to be procured from O Suptdt. of Survey,. . . . . . . . . . . . . . . . . . . © e º 'º - e º e º . e. e. e. e. e. e. e. e. • * * * * * * * s • * > dº e o 'º º e s e a 33 © 35 ,, . 515 And Settlement Officer to attend only to changes that may have since taken place,. . . . . . . . . . ,, 32 35 3 y If not measured by khusreh, measurement to be field by field, ... . . . . . . e. . . . . . . . . . . . . . . , ,, . , 3 2 When contiguous fields are held by one ryot they may be measured as one plot, ......"... . . 2 3 J 3 y 9 Form of chittah to be observed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * | 33 3 3 5 J 5 y Chittahs to be carefully prepared so as to be of use in future settlements, , . . . . . . . . . . . . . 5 3. 3.5 3 3 O. 23 Direction in which a field lies with reference to preceding field to be recorded, .......... . . 3 y 2 3 5 O e e INDEX. lxi 3837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 503; 1642 tºgº.g. 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 768; 1850 to 843 O Aſh º And the places in which measurements are made, .......... . . . . . . . . . . . . . . . . . . . . . . From chittahs, khutaeans and ekwals to be prepared in prescribed forms. . . . . . . . . . . . . Also additional ones when lands of village are held by talookdars, . . . . . . . . . . . . ........ And when a Muhal is composed of talooks having lands in several villages;.. Ameen to furnish a terij and rooedad in &rtain forms, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Khusreh map to be prepared by Ameens as in Survey Department, ... . . . . . System as observed in Survey Department described,. . . . . . Advantages of the system enumerated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compasses to be procured through Deputy Surveyor General, . . . . . . . . . . . . . . . . . . . . . . . . Rules of C. O. 1st June 1850 to be observed in remunerating Ameens, . . . . . . . . 3rd process. Testing. Settlement Officer to test measutrement, ... . . . . . . . . . . . . . . . Recording result of his scrutiny in a form prescribed? . . . . . . . . . . . . . . . . . . . . . . . . . . Complaints of incorrect measurement to be investigated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remeasurement to be made, if error is above 10 per cent., unless it can be other- wise remedied, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^ - - - - - - - - - - - - - - - - - Where error is wilful, remeasurement to be undertaken, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4th. process. Adjustment of rents. Rent actually paid by tenants to be the basis of assessment, . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * e e s a e s a v e a e s = e º e s - e. e. e. e. e. e. e. e. e. º If this information cannot be obtained, rates in adjoining estates to be the criterion, . . . . . . Enquiries respecting rates to be recorded in such a manner as to enable appellate Authority to form his opinion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowance to be made for land allowed to lie fallow, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not highest rate, but rate that can be paid in average years, to be ascertained, . . . . . . . . . . Cause of discrepancy between assessment and collections of previous years to be ascertained, Fertility of soil not the only circumstance to regulate the rent,... . . . . . . . . . . . . . . . . . . . . But population, climate and local advantages to be considered, ... . . . . . . . . . . . . . . . . . . . . . . System of N. W. Provinces not applicable to ryotwaree settlements in Bengal, . . . . . . . . . . Introduction of uniformity of assessment might require Sacrifice of rental, . . . . . . . . . . . . . . But inequalities not founded on sufficient cause should be disallowed, . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * @ e º is tº dº º º tº Where good cause exists, it should be recorded in the proceedings, . . . . . . . . . . . . . . . . . . . . Assessment to be not according to produce, but the capabilities of the land, . . . . . . . . . . . . fach holding should if possible be considered a distinct farm, . . . . . . . . . . . & e º & & e º e º e º e e Amount of annual rents of past 3 years to be taken as the demand, . . . . . . . . . . . . . . . . . . . . Leases may be granted to occupants for from 3 to 20 yeats, ... . . . . . . . . . . . . . . . . . . . . . . . . No additional rent to be demanded during term of lease, . . . . . . . . . . . . . . . . . © a * * * e s e e º e Collection of rents in kind not to be hastily superseded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . If practicable, a money assessment should be substituted,. . . . . . . . . . . . . . . . . . . . . . . . . . But where unavoidable, provisions of Cl. 2, Sec. 57, Reg. VIII. of 1793 to be observed, ... 5th process. Adjustment and record of rights. No new rights to be created, but only existing rights to be recorded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pottahs to be granted to occupants for lands owned by them in Govt. Estates, . . . . . . . . . . And in other Estates, specification of holding and rent to be recorded,. . . . . . . . . . . . . . . . . . Copies thereof being granted to every ryot desirous of them, . . . . . . . . . . . . . . . . . . . . . . No higher rent to be demanded by a Zemindar except after agreement or suit in Court,. . . Ryot may demand a pottah under Sec. 59, Reg. VIII. of 1793, . . . . . . . . . . . . . . . . . . . . . . Terms of pottah to be regulated by circumstances, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When land is in full cultivation, long leases to be granted, . . . . . . . . . . . . . . . . . . . . . . . . . . And also when overrun with jungle, and requiring much labour to clear it, ... . . . . . . . . . . . . When ability to improve is limited, leases to be short, . . . . . . . . . * & © G - e º º e < e < * When farming, is contemplated, leases to ryots not to extend beyond current year, . . . . . . . . These rules do not apply where there is a right to possession at fixed rates, . . . . . . . . . . . . When enhancement of rent is imposed in resumed Muhals, notice to be served under Sec. 9, Reg. W. of 1812, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'; . . . . . . 6th process. Disposal of lakhiraj claims. In resumed Estates, process to be under Reg. IX. of 1825 and III. of 1828,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ånd in Govt. Estates, under Sec. 30, Reg. II. of 1819,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q - O | No. 843 Date. -26 Dec. 7,50. 9.9 3 J. Page. 5 15 5 5 3 y 3 3 © lxii INDEX. o e O —º ign to No.419, 1839 to 491, 1839 to 513, 1840 to 552; 1841 to 583; 1849 to 608, 1843 to 620, 1944 toº lºsto035, 1946 toº 1947 to 693, 1949 to 719, 1949 to 799, Iago to gº - No. &l U.V., a P. ºo In the case of resumed Muhals, notice to be served under Cl. 2, Sec. 5, Reg. IX. ºf 1825, 843° 26 p." 50 *; After which claims to be disposed of, as provided in Reg. IX. pf 1825 and fit of 1828 3. • 3 * ve If decision confirms rent-free tenure, case to be submitted to C. R. within 15 days 3 • * : 3 3e JJ ” .” If in favour of resumption, assessment to be"proceeded with, . . . . . & a º e º ºs e º e º e 3 * * * * * * 53 3 3 3.5 3 y No proceedings to be taken respecting tenures not exceeding 10 beegahs held rent-free 3.5 35 5 5 53 e Since 1st Dec. 1790, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º * c e sº º . . . If produce of tenure applied to religious purposes, the fact to be reported for orders of Govt 3 3 33 $ 3 2 3 Tenures not originally hereditary, if held rent-free since 12th Aug. 1765, may in some cases 33 3 3 5 5 3 2 be relinquished,. . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . ." . . . . . . . . . . . . . . . . . Lands * for permanent purposes may be relinquished though not so specified in 53 3 J. 3 3 3 y sunnud, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resumed tenures held rent-free for 30 years to be reported for olders of Govt. 53 3 J. 53 5 5 Claim solely on account of non-registration not to be enforced,. . . . . . . . . . . . . . ... . . . . 53 33 3 3 3 3 Jumma of resumed shikmee tenures to be one-half of gross produce, ". . . . . . . . . . <>e a e s e s a 3.3 3 3 5 5 533 Ten per cent. on jumma to be assigned to malgoozar of parent Muhal, . . . . . . . . . . . . . . 33 3 je 3 y In purchased Estates, no proceeding can be taken against tenures under 100 beegans. e e º 'º 3 5 3 y 3 5 5 3. If decision under Sec. 30, Reg. II. of 1819 is adverse, C. R. may appeal to Sp. Čom. .. .. 9 3 3 y 5 3 35 Rule respecting non-assessment of tenures not exceeding 10 beegahs, applicable to rent free. " 3 5 * | * {} lands in purchased Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - hº event of farm, farmer to engage not to institute process for resumpti on of such " 3 3 35 3 2 €DUll'es, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - Settlement of resumed lands in purchased Estates to be at half rental, . . . . . . Q = 3 3 3 3 5 x 3 * Settling Officer to assume that all holders of land should pay rent, ". . . . . . . . . . . 3 5 5 5 5 y Onus of proving exemption rests with occupant, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 5 5 5 3 7th process. Provision for dák and police. In purchased Muhals, each chowkeedar to " 3 3 ) 3 5 3 have 3 acres of land or 3 RS. in money, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any prior chowkeedaree cess to be incorporated with the rent, . . . . . . . . . . . . . . . º: • 3 y 3 3 ,, . 524 In resumed Muhals, expense to be defrayed from collections and provided for at the settlement 35 3 5 5 3. 3 3 8th process. Selection of malgoozar and terms of settlement, ... . . . . . . . . . . . . . . . . 5 5 3 59 5 3 5 y Resumption Officer has no jurisdiction. Settling Officer to determine title and adjust terms, . 33 5 5 3 5 Settlement to be with lakhirajdar at half rates as a general rule, . . . . . . . . . . . . . 3 55 3 y 3 5 32 e Where Maliks and lakhirajdars exist, Circulars on the subject to be attended to * * * * * * * * 33 3 5. 3 y ** Resumed towfeer to be settled at full rates with persons proving their title, ... . 3 - - - - - - - - 35 3 3 5 y 3 5 Settling Officer to procure attendance of parties entitled to settlements, º . . . . • * g º e 3 3 • * 5 y 3 y And take written engagements, considering any objections which may be urged • - - - - - - - - - || 35 3 3 5 5 3 y If objections be inadmissible, reasons for rejection to be recorded and Estate farmed... . . . . 3 5 35 5 3 Settlement of resumed alluvion to be with occupant owner, . . . . . . . . . . . . . . . . 3 • * * * * * 3 3 3 3 5 y 5 y Proprietors" entitled to demand permanent settlement, unless alluvion has been farmed or is 35 3.3 5 5 3 3 not ripe for permanent settlement, . . . . . . . . . . . . . . . . . . © e º e º a tº e º e a e º ſº º O Cs. R. to determine whether settlement shall be permanent or temporary, .... . . . . . . . 3 y ,, . 525 If proprietor object to consolidate the jumma, increment may be separately assessed e dº e º e - 33 3 3 3 * e >> If increment is attached to an under-tenure, under-tenant entitled to hold it, payin rent to " 3 y 33 3 y his superior, . . . . . . . . . . . . . e e s a tº e º e º 'º e e o e º e º e º e a s e e e e e a e e a e e s e 5 § But Col. to treat with Malik as prescribed by C. O. 30th Sept. 1834;... .. .. : º • * > e º e 35 3 y 3 3 5 y When there is no right of property in alluvion, permanent settlement thereof forbidden b 33 9 3 3 5 5 2. Court of Directors, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y If an island separated from mainland by a deep channel, no party has a right to engage. . . . 53 35 | $5.5 But occupancy should be respected, . . . . . . . . . . . . . . . . . . . . . . . e e º ºs e s ∈ e de 's o “e “3 • * | * > J 3 3 5. 25 In settlement of alluvion, percentage on jummabundee to be fixed with reference to condition | " | 33 33 3 y of Muhal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * c e º e s e O Russudee settlements to be avoided, and leases with a rent-free term to be preferred • * * * * * | * > e 99 5 3 5 5 Four or five years being allowed rent-free where much land is uncultivated 3 * * * * * * e 22 22 e >> 33 And terms of eventual assessment detailed in engagement, . . . . . . . . . . . . ‘. . . . . . . . . . . 33 ° 93 J } Of Estates purchased by Govt. not to be with former proprietors, ...... ... . . . . . . . . 3 y 3 3 52 Except when it is proved that the Estates did not fall into the hands of Govt. through " 3 J. 3 5 32 their mismanagement, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º o • , tº e º ſº tº e º ſº e º a 33 53 33 JJ , S INDEX. lxiii ‘J’ A— 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842% 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1949 to 763; 1850 to 843. No. Date. Page. Farming preferable to khas ryotwaree management, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 843 26 Dec. , 50. 526 Period of farm to be suited to condition of property,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 33 3 5 ?ercentage on jummabundee to be such as to give farmer fair compensation, . . . . . . . . . . . . 5 * 55 J 3 J. J. Settlement Officer to exercise his discretion as regards demand of security, . . . . . . . . . . . . . . . . 35 9 3 9 3 Final roobokaree to be arranged agreeably to form prescribed, . . . . . . . . . . . . . . . . . . . . . . . 5 5 » >> 3 y Abstract of information to be attached to settlement proceedings in existing form, . . . . . . . . . . , 5 3 5 3 5 3 Leases may be cancelled at discretion of Cs. R. with concurrence of lessee,... . . . . . . . . . . No.4 | Precedent, 1 576 Subject to appeal to S. B. R. or revision without appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 J. 3 2 3 3 25 But not by Cols. except on ground of default of lessee,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 3 y 3 3 3 3 Alluvial increments to Estates, though in possession of mortgagees, belong to the proprietors of the Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [No.6 3.5 5 5 57.7 Mortgagees to be continued in possession paying the Govt. revenue, . . . . . . . . . . . . . . . . . . J3 3 3 3 y 2 3 SETTLEMENT REPORTS. To Gertify issue of prescribed notices in the case of lakhiraj tenures, “ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448 29 May 38. 41 Also that the cases have been duly disposed of under Sec. 5, Reg. IX. of 1825, . . . . . . . . . 3 × * , 55 y 3 And that copies of decisions have been duly transmitted to Cs. R. . . . . . . . . . . . . . . . . . . . . 92 , 55 5 5 33 A memorandum shewing assessment both of superior and under-tenures to be given in settlement Statement, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460 || 7 Aug. , 55 Reports to shew in margin, the date of settlement taking effect, . . . . . . . . . . . . . . . . . . . . . . . 497 29 July ,39. S6 Progress Reports of settlements to be annexed to quarterly statement of Business of Cols... 827 | 17 Sept. ,50. 467 Monthly Reports from Depy. Cols. considered objectionable, * * * * * * * * * * * * * * * * * * 35 33 5 5 3 5 SETTLEMENT RETURNS. Quarterly Returns of settlements and farms confirmed by Cs. R. in duplicate from Cs. R. to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . 417 | 27 Oct. ,37. 7 Object of Return to check changes in rent-roll, . . . . . . . . . . . . . . . . . . . . . . 452 | 8 June ,38. 45 Mere temporary arrangements therefore not to be inserted in detail, 33 3 y 5 5 5 5 But only settlements involving change in District Towjee, . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5 jº 5 3 53 A memorandum of preparatory temporary settlements, may be given in duplicate Return,. . . , 33 9 3 3 y Khas and resumed Muhals to be distinguished, . . . . . . . . . . . . . . . . . . . . . . . . . . 531 || 3 , ,40. 113 And leases to farmers from temporary arrangements with Maliks, ... .. * * * * * * e s e e s = 3 y 33 3 3 35 , Examples illustrating intention of the order, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 5 5 3 3 y Date of settlements taking effect to be inserted, . . . . . . . . . . . . . 560 || 3 April ,41. 138 Tormer jumma of rent-roll Muhals to be specified, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594 l l May 42. 163 Returns to be submitted quarterly to S. B. R., and annually by S. B. R. to Govt... . . . . . . 599 || 10 Aug. , 178 One copy to be sent direct to Accountant, the other to * B. R. . . . . . . . . . . . . . . . . . . . . . . 613 || 4 April 43. 188 Form of quarterly Return of permanent settlements confirmed under Rules X. and XI. of Rules of Practice, prescribed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627 || 23 April ,44. 197 This Return does not supersede quarterly Statements of temporary settlements before pre- scribed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © & © º 'º º º ºs e e < e < e < e º e 3 5 .. y 9 3 Mode of filling up Returns exemplified, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 738 || 11 May ,49. 360 SHERIFF OF CALCUTTA. Attachment by sheriff of money in hands of Collectors. See ATTACHMENT. SHIKMEE TENURES. See also SETTLEMENT and SALE. Under 100 beegahs in a resumed Muhal entitled to half rental assessment,... . . . . . . . . . . . . . 460 || 7 Aug. ,38. 55 Allowance of 10 per cent. to malgoozar on half produce, . . . . . . . . . . . . . . . . . . . . . . . . . . . . JJ 2 3 25 3 y Malgoozar entitled to allowance whether parent Muhal be settled at half rental or not, .... ,, 9 y 33 5 3 Assessment of superior and subordinate tenures distinct accounts, . . . . . . . . . . . . . . . . . . . . 3 y 5 y 3 y 3 y Memorandum to be annexed to settlement statement exhibiting assessment of both, . . . . . . º, 3 5 5 3 3 5 In Khas Muhals; saleable for arrears of rent only under Sec. 25, Reg, VII. of 1799, .... 625 | 8 Mar. ,44. 196 *In Estates of individuals mot held khas, Saleable under Cl. 7, Sec. 15,. . . . . . . . . . . . . . 3, 2 5 y 3 y 3 y Previous summary decree necessary to sale under Sec. 15, 3 3 3 5 33 3, 2 SLUICES In embankments. See EMBANKMENTS. SOLICITOf: TO THE EAST INDIA COMPANY. To be communicated with when money in hands of Cols. is attached by Sheriff of Calcutta,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701 || 23 Feb. ,48. 302 In order that cause may be shewn for non-payment, if deemed proper, . . . . . . . . . . . . . . . 3 J 5 3 ,, . 303 SPECIAL COMMISSIONERS. See RESUMED MUHALS. Rüles for calculating fees of Govt. Agent. See GOVT. AGENT. lxiv INDEX. & e © O 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; *5 to 655; 1846 to 678; 1847 to 698; 1848 to 710; 1849 to 768; 1850 to 843. & - No. Date, Page, SPECIAL DEPUTY COLLECTORS To decide on rent-free tenures whether more or less O than 100 beegahs not situated within permanently settled Estates, ... . . . . . . . . . . . . . . . . . 467. 25 Aug. 38. 65 Or which being so situated are held under a badshahee grant, . . . . . 5 y 5 3 5 3 3 y Or "under a hookamee grant specifying more than 100 beegahs, though lakhirajiv may be in possession of less, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 3 3 Attention enjoined to Cl. 2, Sec. 5, Reg. II. of 1819, . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 23 Oct. , 72 e To record grounds of issue of notice to holders of rent-free tenures, . . . . . . . . . . . . . . . . . . . . 3 y $ 3 ,, . " , , Special grounds need not be stated, but only general ones, • * g e º a tº e º a º e º e º 'º e e º s & 3 y x 5 3 5 3 3 To fix their Cutcherries in central situations,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479 20 Nov. , 74 To dispose of cases of each Zillah in succession,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 5 J , y a 3 J. Cutcherries to be within limits of Zillahs to which cases appertain, . . . . . . . . . . . . . . . . . . . . . , 33 3 3 $ 3 Except at the express desire of the parties concerned, . . . . . . . . . .”. . . . .e. . . . . . . . . . . . . . . 3 3 • 3 × 3 3 3 3 Not to adjudge assessment of non-royal tenures solely on ground of want of due authority on part of grantor,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 § ; : * > * 75 If cases decided on this principle, application for deave to review judgment to be made, . . . . . , 3 2 3 3 3 y Unless other valid reasons for resumption should also have been assigned, . . . . 9 3 3 3 3 * To intimate to Cols, the institution of suits against Wards of Court, . . . . . . . . . . . . . . . . . 486 || 17 April,39. 79 And to furnish Cols. with copy of decree under Cl. 1, Sec. 4, Reg. III. of 1828, . . . . . . . . . . ; To superintend local investigations in resumption cases, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 || 14 Aug. , 87 To execute their own decrees if position of land has not been satisfactorily ascertained, . . . . 503 || 11 Sept. , 92 And to institute a new suit if persons in possession were not parties to the original suit, ... , 3 3 3 Not to interfere with kharij jumma grants less than 100 beegahs in permanently settled Estates, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907 | 8 Oct. , 97 Not competent to determine right to settlement of rent-free tenures, but only liability to assessment, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524 18 Mar. ,40. 110 Not to try suits for rent-free lands held by Independent Chiefs, ... . . . . 537 | 12 Aug. , 116 Rules for Resumption passed by Supreme Govt. on 17th Aug. 1840. See LAKHIRAJ TENURES. - To report cases coming under Rule I... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559 || 2 Mar. ,41. 135 Report not to include cases in which claim to assessment is in itself untenable, . . . . . . . . . . 5 y 3 3 Forms of sunnuds of relinquishment circulated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to resume lands less by the taedad than 50 beegahs in one Mouzah, . . . . . . . . . . . . . . . . To determine from circumstances whether identificatiou of land in lakhiraj cases prior to decision is necessary,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587 || 23 Feb. 42. 197 “Identification” understood to mean ascertainment of existence of tenure and possession, .. Rule in para. 3, C. O. 22 Aug. 1837 directing copies of decrees to be furnished to Cs. R. with a view to assessment, superseded, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STAMPS Not” necessary to be forwarded when appeals are proposed against resumption decrees, .. * * * * * * * * * * * g e º e º º e º a º º sº e º sº e s p * tº e º e tº e º 'º e º 'º e º is e º e º ſº & tº e = * * * * * * * * In civil suits; to be deposited in Court immediately on passing of decree, to save period for 5 5 | 2 3 564 28 April . fo 5 y 5 y 3 y 617 || 25 Aug. , 43. 190 454 | 16 June ,38. 46 O appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461 | 6 Aug. , 56 In pauper suits; copies of Moonsiffs’ decrees will be sent by them to Judges, . . . . . . . . . . 533 14 July ,40. l l 4 To enable Govt. Pleader to assert rights of Govt. in respect of stamp duty, . . . . . . . . . . . . 5 y 3 3 5 3 J. Not mecessary in applications for money in deposit, if less than 50 Rs. . . . . . . . . . . . . . . . . . 825 10 Sept. , 50. 465 STAMP DAROGAHS. Abolition of office proposed in order to raising salaries of Treasurers, 639 25 Feb. ,45. 215 STATEMENTS (PERIODICAL). See PERIODICAL RETURNS. º STATIONERY, English Stationery not to be charged in contingent bills, but indented for from Stationery Office,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum scale for checking indents at Military Board, . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superior country paper of foolscap size may be indented for from Stationery Office, . . . . . . STEEL (LIEUT.-COL.) His description of system of supplying Troops in N. W. Provinces, . SUBPCENA Of Supreme Court for enforcing production of public records. Opinion of Advocate General,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 770 21 Jan. , 399 SUBTREASURER. To take charge of securities deposited for performance of official duties, 653 22 Sept. ,45. 234 And to pay interest accruing thereon on requisition of public officers, . . . . . ... ... | 666 22 May 46. , 248 SUDDER'BoARD OF REVENUE, see HoàRD of REVENüß. 20 Oct. ,40. 127 19 Feb. ,50 | 408 9 July , 451 24 Sept... , 469 O 2 , Y INDEX. 9 / lxv 1837 to No. 410; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 563; 1842 to gº. 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. SUDDER COURT. Rule for calculating fees of Govt. Pleader, . . . . . . . . . . . . . . . . . . . . . Ruling promulgated that a Zemindar dispossessed of land, by the Revenue Authorities, can- not bring the case into the Criminal Court under Act IV. of 1840, . . . . . . SUDDER DEWANNY ADAWLUT. See SUDDER COURT. , y J SUGAR CANE. See ASSESSMENT. . SUITS (CIVIL). Cases decided by Zillah Courts against Govt. to be reported without delay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stamp paper for copy of decree to be deposited immediately on passing of decision, ... . . . . Correspondence connected with pending suits not to be granted without sanction of S. B. R. Col. may grant redress in suits'if within his competence, . . . . . . . . . . . . . . . . . . . . . . If not, and if claim ought to be compromised, Cs. R. to réport to S. B. R... . . . . . . . . . . . If Cs. R. think the party should be left to prosecute, report to be made to S. B. R. ...... In original suits and appeals in Zillah Courts, Cs. R. have powers of S. B. R. . . . . . . . . But appeals to Sudder Court require to be sanctioned and managed by S. B. R... . . . . . . . . Annual Return to S. B. R., and by S. B. R. to Govt. enjoined by new, Rules of Practice, .. In Moonsiffs’ Courts. List of Pleaders in Moonsiffs’ Courts to be obtained, ... . . . . . . . . . . Of whom Govt. Pleader to certify the ablest for employment on Govt. suits, ... . . . . . . . . . . Who will be engaged to conduct suits under agency of Govt. Pleader, and be remunerated by fees, instead of fixed salary, . . . e is a e º ſº º tº e º 'º e RULES FOR CONDUCTING GovT. SUITS AND APPEALs. When action is brought in Zillah Court, Cs. R. to submit report and plaint to R. L. A., if of opinion that it should not be defended, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If suit ought to be defended, a draft of pleading to be forwarded in addition, together with English abstract of plaint and reply, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In suits proposed on the part of Govt., a report and draft of pleading to be sent, ... . . . . . . When decision is against Govt., report thereof to be made to R. L. A., with copy of decree and opinion of Cs. R. as to necessity of appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When in favour of Govt. and appeal is made by opposite party, report to be made, with copy of Court’s proceeding and of proposed reply, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When a decision in favour of Govt. is reversed by Zillah Court in appeal, merits of reversal ... to be reported, with copy of decree passed in appeal,... . . . . . . . . . . . . . . . . . . . . If R. L. A. and Cs. R. agree, course proposed by both to be followed, .. If R. L. A. differs, he will report to S. B. R. for orders, ... . . . . . . . . . . . . . . . . . . . . . . . . . . Every case of proposed appeal to S. D. Adt, to be reportagl to S. B. R. . . . . . . . . . . . . . . . . During progress of suit or appeal, Cs. R. to advise with R. L. A. . . . . . . . . . . . . . . . . . . . . When necessary with reference to shortness of period for appeal, Cs. R. may lodge an appeal in Zillah Court at once, . . . . . . . . . . . . . e The appeal being withdrawn, if it should be determined not to appeal,. . . . . . . . . . . . . . . . . . When a suit is decided against Govt. by a Judge or Principal Sudder Ameen, and appeal lies to S. D. Adt., Cs. R. to report to R. L. A., submitting copy of decree and draft of appeal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A...". L. A. will take the orders of S. B. R. on the subject, . . . . . . . . . . . . . . . . . . . . . . . . When appeal is instituted by the opposite party in Sudder Court, R. L. A. to require Cs. R. to report on the case, submitting copy of degree and draft of reply, . . . . . . . . . . . . . . . And R. L. A. will conduct proceedings under orders of S. B. R. . . . . . . . . . . . . . . . . . . . . . . Drafts of plaints, pleadings and petitions will be prepared by Govt. Pleader from materials furnished by Cols.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cols. responsible for facts, and Govt. Pleader for law and style, . . . . . . . . . . . . . . . . . . . . . . Nxplanation of delay to be given when returns to references from Civil Courts under Reg. II. of 1814 &amnot be made within 6 weeks, . . . . . . . . . . . . . . . . . . . . . . . . . . Plan of R. L. A. for realizing unexecuted decrees to be adopted experimentally, . . . . . . . . . . Percentage to be allowed to Govt. Pleader inspecial cases on sums realized through him,.. Services of Nazir also may be called into requisition, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As a general rule, #ths may be allowed to Nazir, and #ths to Pleader, . . . . . . . . . . . . . . . . . . To be modified according to the exertions of the one or the other, . . . . . . . . . . . . . . . . . . . . Importance of surveillance of Cols, in such cases, ... . . . . . . . . R. a s sº e º 'º º e e º e s a tº e º e is sº e º ºs º º ſº e º 'º º a tº e & º º e º No. 648 750 461 33 494 599 93 9 3 616 J } 686 93 3 y 5, 2 3 y ...) 93. J 2 688 689 99 99 33 Date. 11 July 45.T 3 Aug. 6 , 3 Júly 10 Aug. ,49. ,38. ,39. ,42. Page. 229 381 2 ' 56 S5 176 178 150 33 lxvi INDEX. 1837 to No. 419; 1838 to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 763; 1850 to 843. No. Date. Page. Cs. R. to determine in what cases percentage should be granted, . . . . . . . . . . . . . . . . . . . . . 689 21 July ,47. Tºsz Govt. Pleader to procure copies of all orders of Court on plain paper, . . . . . . . . . . . . . . . . . . . 703 || 9 Mar. ,48. .310 In cases to be appealed against, copies to be authenticated on stamped paper, . . . . . . . . . . . . . , y 9 * | * Col. and Govt. Pleader responsible for delays, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 3 y 3 5 When four days for appeal remain, a pro formā appeal may be instituted, ............... 744 13 July 49. 373 Expenses of suits to be debited under head of Law charges, . . . . . . . . . . . . . . . . . . . . . . . . . . . 806 5 July , 50. 449 Rule of Practice XXVII. modified.—Cs. R. may sanction disbursements in commection with * lawsuits, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 3 3 5 j 3 y S. B. R. reserving power to remit irrecoverable advances, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 5 2. 5 3 3 y Col. to keep a register of cases decreed with costs and damages in favour of Govt. . . . . . . . . . ,, 5 5 ,, . 450 Forwarding transcripts monthly to R. L. A. for his register, . . . . . . . . . . . . . . As well as quarterly statements shewing recoveries and remissions, . . . . . . . . . . . . . . . . . . . . Delay in adjustment of costs to be reported by R. L. A. to Cs. R. or S. B. R. . . . . . . . . . . 3 3 5 5 R. L. A. to furnish Accountant with abstracts of quarterly statements to be compared with Treasury Accounts, . . . . . . . . . . . . . . . . . . . . e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposals to relinquish sums decreed, to be submitted for orders of S. B. R. . . . . . . . . . . . C. O. 5th July 1850 explained to mean that disbursements necessary for conduct of suits may be authorized by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nº. alteration intended respecting authority mecessary for charging sums decreed against Ovt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Disputes regarding boundaries in possession of Zemindars to be carried into Court, ...... sº 26 Dec. , || 512 SUITS (APPEALS IN). See APPEALS. SUITs (GOVERNMENT). See SUITS (CIVIL) and RESUMPTION SUITs. SUITS OF PAUPERS When instituted before Moonsiffs, a copy of decree to be forwarded by them to Judges, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To enable Govt. Pleader to assert rights of Govt. in respect of stamp duty, ... . . . . . . . . . . Fees of Nazir's peons for serving processes forbidden to be levied, . . . . . . . . . . . . . . . . . . . . SUITS UNDER REG. II. OF 1819 AND III. OF 1828. See RESUMPTION SUITS. SUITs (RESUMPTION). See RESUMPTION SUITS. SUITs (SUMMARY). See SUMMARY SUITS, SUMMARY PROCESS. See SUMMARY SUITS. SUMMARY SUITS. Defendants not liable to arrest under civil process,................ 526 || 1 April,40. 111 While attending, or going to, or returning from Court,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Decisions of Depy. Cols. liable to be reversed or altered by covenanted Principals,.... ... .. 541 28 Aug. 35 131 But power of revision to be used very sparingly, 5 • ?: * Decree to contain a provision for their execution, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And to be immediately executed without waiting for application from decreeholder, . . . . . . Cols. not bound as a matter of course to admit appeals from decisions of Depy. Cols... . . . . 592 29 3 5 43. 160 Decisions of Depy. Cols. may be revised at discretion of Cols., according to the degree of y 5 3. Col.’s confidence in their probity, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May be decided by Cols. when Civil Courts are closed,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607 || 14 Dec. But Cols. to exercise some discretion in regard to dismissal of suits, when parties are not in attendance in consequence of Civil Courts being closed, * * * * * * * e º e s e s is e e s 185 Rules for serving processes on residents in Calcutta, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” ºx. 2. º Forms of º Nos. 1 to 6 prescribed,. . . . . . 674 12 Aug. ,46. 252 533 14 July ,40. 114 685 29 May ,47. 280 5 5. 563 |24 April 4i. 139 3 5 ( ) | 6 | 5 3 184 Subordinate Officers to forward processes to Depy. Sheriff through Čols. * º º º º e tº gº tº e ºs º 3 5 3 y Witnesses to be paid by summoning party such expenses as Judges of Supreme Court may 5 y 33 3 3 direct, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remittances to Deputy Sheriff being made by bills on General Treasury, ... . . . . . . . . . . . . 3 3 3 5 %3 Rules of Practice proposed by Mr. Elliot, Depy. Col. of Chumparun, . . . . . . . . . . . . . . . . . . 764 9 Mar. 48. 3 l 1 Forms of summary process on parties in Calcutta. Nos. 1 and 4 modified, . . . . . . . . . . . . 7 l l 30 June 5 ,, . 323 Attention drawn to rescission of Sudder Court's Construction No. 1094, as being an errone- ous interpretation of Sec. 15, Reg. VIII. of 1831,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 779 | 19 Mar. , 50. 418 Practice of claiming receipts for rent not being prevalent need not be adopted, . . . . . . . . 786 || 23 April 5 432 Registration of security bonds in summary suits not an indispensable condition of acceptance, No.11 Precedent. * | 578 SUMMARY SUIT RETURNS. See also PERIODICAL RETURNS. T ºl N) . Q , \ INDEx. lxvii 2 M * 1837 to No. 410; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 503; 1842 to 68; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719 ; 1849 to 768; 1850 to 843. No. |Date, Page • Returns of appeals té Cs. R. discouginued,.... . . . . . . . . . . . . . . . . . . . . . 434 20 Feb. , 3S. 27 Suits referred to Civil Courts to be entered as disposed off, . . . . . . . . . . . . . . . . . . . . . . . . . . 3 J 5, 2 2 3 3 5 Date of oldest pending suit to be mentioned, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 5 y 5 5 J. J. ‘Returns to be submitted immediately on expiration of quarter,. . . . . . . . . ".. tº tº 3 3 9 3 • ' ', Classification according to period of dependence on file,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558 20 Jan. ,41. 134 And cause of delay explained, if above 6 months, in lieu of giving date of oldest suit and [..) average time of decision, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 5 3 35 5 * Incorporated with Return of Business of Cols. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 827 | 17 Sept. , 50. 467 SUNDAYS. Opening of Vermacular Schools on Sundays to be avoided, . . . . . . . . . . . . . . . . . 716 | 16 ,, 48. 333 SUNNUDS Of relinquishment of lakhiraj tenures. Forms circulated, . . . . . . . . . . . . . . . . . . 559 || 2 Mar. ,41. 136 SUPERANNUATION PENSIONS. See PENSIONS (SUPER ANNUATION). SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS. See LEGAL REMEMBRANCER. "I SUPERINTENDENT OF SURVEY. See also SURVEY OFFICERS. Cautioned, in carrying out provisions of Act XX. of 1848, to avoid seedless calls on land- J holders, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 765 30 Nov. 49. 393 Points to be embraced in examination proposed by Depy. Surveyor General, . . . . . . . . . . . . 791 || 14 May , 50. 436 May acquire practical instruction under the Revenue Surveyors, ... . . . . . . . 3 3 5 3 3 3 3 3 Examination test approved of by Govt. . . . . . . . . . . . . . . . . . . . 809 || 9 July , 452 Three months allowed for passing an examination,. . . . . . * * * * * * * * * g º ºs e º e s ∈ e 3 y 3 3 3 5 3 J. Examination to be held at Presidency by Depy. Surveyor General, . . . . . . . . . . . . . . . . 9 3 5 3 3 y 3 * Expected to exert themselves in order to success of new system of demarcation, .. 829 || 8 Oct. ,, 475 To instruct the Ameens in the performance of their duties, . . . . . . . . . . . s & e 3 y 5 5 5 5 3 3 Remaining with them in the field during the working season, ... . . . . . . . . . . . . . . . . . . . . . . 9 3 5 3 3 5. 3 9 Expected to furnish 300 hulkas per mensem to Surveyor, ... .. y 3 93 ,, . 476 To provide themselves with magnets to magnetize needles, 5 5 5 5 95 3 5 To hign maps and missils before transferring them to Surveyor, . . . . . . . . . . . . . . . . . . . . . . 3 J. 3 9 ,, . 478 To exercise a discretion in preparing thakbusts either by demarcation or khusreh, ... . . . . . . 3 J. 5 y 5 y 5 y To complete operations in a village before professional survey commences, ... . . . . . . . . . } } 95 ,, . 479 To test accuracy of khusreh measurement and allotment of land to estates,... . . . . . . . . . . . . 5 3. 3 y ,, . 483 To induce parties interested to take counterparts of Ameen's sketches, . . . . . . . . . . . . . . . . 22 5 3. 3 3 » And to procure their signature to thakbusts and khusrehs, . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 j 3 ,, . 484 Sketch map and thakbust missil of every village on exterior side of boundary line of two Districts to be furnished to Superintendent of adjoining, District,. . . . . . . . . . . . . . . . . . . . . ,, J 3 ,, . 485 To maintain a cordial understanding with Surveyor, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 9 3 9 3 5 5 SUPPLIES. Attention called to Rules of 1832 relative to supplies for Troops, . . . . . . . . . . . 632 || 10 Sept. ,44. 202 Expenses justly chargeable to Sepoys to be recovered from them, . . . . . . . . . . . C. e º e º e & 5 y 3 y 3 J. 3 y Cols. responsible for loss arising from neglect of rules, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 $ 5 SUPURDNAMAH. To be taken from Zemindars when boundary marks are laid down, . . . . . 829 || 8 Oct. , 50. 485 Refusal may be proceeded against as an obstruction of survey, . . . . . . . . . . . . . . . . . . . . . . . . 3 * 3 * 3 y 3 2. SURBURAKARS Required to furnish malzamin, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694 || 24 Sept. ,47. 298 SURETIES. See SECURITIES. SURPLUS PROCEEDS. See SALES FOR ARREARS and SALES IN EXECUTION OF DECREES. e. SURVEY Boundaries of each Muhal having a separate jumma, and of each Mouza, to be ‘shewn in maps, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438 20 Mar. ,38. 30 Practice of mapping several villages together without distinction of boundaries, censured, .. » 5 § 5 3 5 y Test of qualification for Superintendents of Survey, . . . . . . . . . . . . . . 791 || 14 May ,50. 436 New thakbust and khusreh Rules circulated with instructions,. . . . . . . . . . . . . . . . . . . . . . . . . 829 || 8 Oct. , || 474 C. R. to visit Superintendent's camp in cold season, to see if Rules are followed, ... . . . . . . 3 3 3 3 ,, . 475 Success of plan dependent on industry, and efficiency of superintendents, e e º e º e as 35 3 3 3 J 3 3 Superintendênt to instruct the Ameens, and to employ qualified persons,. . . . . . . . . . . . . . . . 9 3 3 3 9 3 $ 2 To be with them in the field during the working season, . . . . . . . . . . . . 9 3 3 3 92 3 5 Khusreh maps of Pergunnahs completed, to be bound and arranged, . . . . . . . . . . . . . . . . . . . ,, 53 3 y 5 J Two Jopies to be made of each map on English paper, one for Collector's office, and another for Board,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y 3 J. 3 J. 2 3 lxviii INDEx. *. O © • a 1997 to No. 419, 1838toºls isºtosis, gotoº gº toº; 1842togº, Igºogº isºtoGº tº toº lastoga; 187 to gº, 1848 to 79,189 ozºg, gºoga. . e No. Pate. Page, These maps required for carrying out provisions of Act IX of 1847, ... . . . . . . . •. . . . . . . |82 8 Oct. , 50. 475 Information called for, whether professional maps invariably eontain Muhalwar details, . . . . 3, 3 y 5 y º y 3 Three hundred hulkahs per mensem, the expected quantity of work under new system,. . . . . ,, 93 ,, . 476 Provision for khusreh arrears in Jessore and "Dacca Divisions, . . . . . . . . . . . . . . . . . . . . . . . 9 3 3 3 5 3 . Superintendents to provide themselves with magnets to magnetize the needles, . . . . . . . . . . 3 3 2 3 y 2 5 3 SUBVEY. New THAKBUST AND KH Us FEH RULEs. Measurements to be by scale and compass and with chains, instead of poles and ropes, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art I. 32 3 y 3 5 477 Chaims to be 30 feet long, . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . II. , 3 5 3 J 5 2. Description of scale to be used, adapted to standard beegah, e - - - - - - - - - - - - - - - - - - * III. ,, 33 5 * 3 J. Method of making the scale described, . . . . . . . . . . . . . . . . . . tº º ºs e º º ºs e º e º e º e º ºs e s tº e s 3 5 2 3 3 D 3 5. Mode in which Superintendent’s thakbust is to be conducted, ... ". . . . . * . . . . . . . . . . . IV. , j 3 3 y 5 3 Every bend in boundary to be laid down on map, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W. ,, J. S. 5 3. 3 2 Ameens to have surveying compasses, graduated in vermacular, to "lay down the direction O of their measurements, . . . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI. , 3 3 J 3 5 5 Bearings to be laid down on map by means of protractors,. . . . . . . . . . . . . . . . . . . . . . VII. ,, 3 3 ,, . 478 Lithographed ruled paper to be used to facilitate protraction, . . . . . . . . . . . . . . . . . . VIII. ,, 5 5. 3 x 3 J. Error in closing circuits to be shewn on thakbust map, . . . . . . . . . . . . . . . . . . . . . . . . . . IX. ,, » . 3 y Thakbust to embrace boundaries of Muhals as well as villages, . . . . . . . . . . . . . . . . . . . . X. 9 3 5 y 5 3 5 3 Maps and missils to be countersigned by Superintendent before transfer to Surveyor,. . . . . . 5 3 3 * 3 3 2 3 Classes of holdings requiring distinct entry on thakbust maps specified, . . . . . . . . . . . XI. ,, J 3. 3 y 3 y If demarcation can be effected without khusreh, it may be done with chain and com- pass, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XII. , 9 3 5 y J } When demarcation would be more expensive and troublesome than khusreh the latter pro- cess to be resorted to, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 J 3 3 y 3 3 Superintendent to exercise discretion in preparing his thakbust, either by demarcation or khusreh, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XIII. , J } 5 ºf , , Very small holdings may be shewn by points and numbers, . . . . . . . . . . . . . . . . . . XIV. ,, 3 3 ,, . 479 Natural landmarks near boundary to be shewn on maps, ... . . . . . . . . . . . . . . . . . . . XV. ,, 5 § 5 3. 5 3. If such are wanting, artificial marks to be erected,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3 J. 3 3 ,” Thakbust maps alone tº be the Surveyor's guide, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3 J. 99 || C. § 2 Who, if the maps are wrong will return them to Superintendent for correction, . . . . . . . . . . 3.3 3 5 3 y 5 2 If necessary, an ameen or peadah to attend the Surveyor to point out boundaries, , , . . . . . . 9 3 • ?” 3 y 3 y Jungle to be surveyed by placing marks through it, if practićable, . . . . . . . . . . . . . . XVI. ,, 5 5 5 § $ 2 Otherwise it may be left to be surveyed as a separate block, ... . . . . . . . . . . . . . . . . . . . . . . . 33 35 3 3 5 3. Expense of cutting jungle and erecting marks will be allowed, . . . . . . . . . . . . . . . . XVII. ,, 5 3 3 y J 3 Superintendent’s operations to be completed in a village before professional survey com- mences, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVIII. , 3 y 5 3 3 3 If delay is unavoidable, external boundaries to be made over, and Superintendent’s interior measurements to follow, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 J. », º] , , Surveyor to plot interial demarcations from thakbust maps, . . . . . . . . . . . . . XIX. ,, 5 3 ,, 480 If internal work is wrong, mistakes to be pointed out to Superintendent for correction, . . . . 35 5 3 3 y 33 A village may be partly demarcated and partly measured by khusreh, . . . . . . . . . . . . XX. ,, 5 5 5 3 22 Exemplification of preceding rule. Superintendent to exercise his discretion in measuring by khusreh or not, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXI. . y 3 » , Objection noticed. Superintendent carefully to consider reasons for and against khusreh,.. 3 5. 5 3 ,, . " , Khusreh measurement to be by scale and compass on Capt. Thuillier's plan in Jyn- teah. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... XXII. " , 33 ,, 48l Capt. Thuillier's method in Jynteah described, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 5 5 ,, . ", Advantages of the system enumerated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , • , , ,, 482 Field khusreh not indispensable in the generality of cases, . . . . . . . . . . . . . . . . . . XXIII. ,, ,,, , , || 483 When property is very much interlaced it may be necessary, . . . . . . . . . . . . . . . . . .e. . . . . 3 J. . 3 3 3 3 When contiguous fields belong to the same Estate, they may be measured as one block,.... 33 3 J. 3 5 5 y Contents of fields may be found by trigonometry and offsets, ... . . . . . . . . . . . . . . . . . . . . . . 33 93 3 3 3 2 Suptdt. to test accuracy of measurement and allotment of lands to Estates, ... ... ... XXIV. ,, 9 3 ,” . , Parties interested to be induced to prepare counterparts of Ameen's sketches, . . . . . . . . . . . . 3 J 92 5 5 5 5 2 Y INDEx. lxix 2 1837 to No. 419; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1942 to 608; 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1843 to 710; 1849 to 768; 1850 to 843. And called upon to?sign the thakbjusts and khusreh, or to state their objections, tº e s e e Khusreh maps to be on English paper, one copy for Col, and another for Board,.. XXV. The original map remaining in office of Superintendent, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Of thakbust maps, one copy to be made for Surveyor and another for Coks on strong country paper, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º º The original remaining in the office of the Superintendent, ... . . . . . . . . . . . . . . . . . . . . . . . . Pattern thakbust and khusreh plans and paper protractors, forwarded for the instruction of the Ameens, . . . . . . Strength of establishment necessary for combined thakbust and khusreh operations, XXVI. Ameens to receive 16 Rs. in working season, and 8 Rs. during recess, . . . . . . . . . . XXVII. Peshkars to call on Zemindars for engagements to preserve boundary marks till sur- veyed,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXVIII. Refusal to grant supurdnamahs punishable as on obstruction of survey, . . . . . . . . . . . . •. Boundary narks, oblong mounds 3 feet high, . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXIX. Where boundaries meet, taller pillars to be erected, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When a boundary common to two Districts is surveyed, the Surveyor to transmit a sketch to the Surveyor of the adjoining District, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXX. And the Superintendent to forward the thakbust missil of every village on the exterior side of a common District boundary, to adjoining Superintendent, . . . . . . . . . . . . . . . . . . . . . . Boundary first laid down to be strictly followed without enquiry, . . . . . . . . . . . . . . . . . . . . . English the medium of communication between European Revenue and Survey Offi- CerS, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - XXXI. Superintendent and Surveyor to maintain a mutual good understanding, ........ XXXII. Means of plotting work of Ameens provided for, • e s = e s e s e e s e º e e s is e e s e e º e º e s e s e Ameens may either plot their own work, or some of them may be employed as nuksha In Ulv66 CCS, . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - - - - - - - - - tº tº tº dº e º $ tº Mr. Lushington’s report on system followed in Behar, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SURVEY BILLS. Authorized charges to be included in one abstract monthly, . . . . . . . . . . Deputy Surveyor General's signature, Civil Auditor's warrant for passing authorized items, Declaration on honour to be appended by Surveyor drawing the amount,... . . . . . . . . . . . . . . SURVEY OFFICERS To obtain sanction of Cs. R. before proceeding under Cl. I, Sec. 19, Reg. VII. of 1822, e e e s e e s a e º e º e a e e e e º e º e º e e s e s a e e s e e º s e º e s e s e e < e º e o 'º e May have a general authority given them to exercise the power in their Districts, . . . . . . . . SURVEYORS To define on maps the boundary of each Muhal having a separate jumma, and of each Mouza, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Practice of mapping many villages together without demarcation of boundaries censured, .. To be guided entirely by thakbust maps of Superintendents, © º º If maps are wrong, to return them to Superintendent for correction, .. º º º º º e º e º e To plot internal demarcations from Superintendent's maps, . . . . . . . . . . . . . . . . . . . . . . . . . . To transmit sketch of common boundary of two Districts, to Surveyor of adjoining District for guidance,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To maintain a good understanding with Superintendent, . . . . . . . . . . . . . . . . . . . . . . . . . . . SUSPENSE REGISTER. Its use explained, and error of confounding it with Defaulter's Register, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abºlished, and all good balances ordered to be written back into the accounts, . . . . . SUSPENSIONS Of Revenue, not beyond the current year, may be granted by Čs. R. in tº º ºs e º e º tº º e e single Estates, . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º e e º 'º But not in large tracts, without sanction of S. B. R. . . . . . . . . . . . . . . © e º e º Gº & e º e e º e º e e e e *Report of suspensions necesssary for information of Govt... . . . . . tº e º & © e º e º e º e º e º a o © e º º TABLETS. See MURAL TABLETS. TEACHERS. See MASTERS and SCHOOLS. TEHSILDA:RS Required to furnish malzamin, . . . . . . . . . . . . . . . . . . . . . . . . . . . TENTS. Cols. to be supplied with single-poled tents at 350 Rs. each, . . . . . . . . . . THAKBUST. Rules relating to. See SURVEY. THAKBUST MAPS To shew amount of error in closing circuits, ... . . . . . . . . . . . . S No. 829 33 3 3 747 3 3 743 J 2 92 694 549 829 Date. 8 Oct.- , 50. j 3 3 y 3 5 3 5 3 3 5 5 3 3 2 3 5 3. 3 y O 3 5 3 3 5 3 3 J 3 3 33 5 3 33 33 3 3 3 3 15 Nov. 3.2 Appendix. 29 May ,38. 3 J 33 3 J. 33 27 July , 49. JJ 3 y 20 Mar. ,38. 8 ot. ,5%. O 2 3 35 2 3 33 y 9 3 y 5, 2 35 17 July ,49. 33 33 29 June,49. 33 3 y Jy 93 24 Sept. ,47. 21 Oct. ,40. 8 , ,50. Page. 484 33 33 3 3 3 J 5 y 493 43 3 J. 380 298 128 478 lxx INDEX. &. O 1837 to No. 419; 1833.to 481 ; 1839 to 513; 1840 to 552; 1841 to 583; 1842 to 608; 1843 to 620; 1844 to 635; baş to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1849 to 768; 1850 to 843. To embrace boundaries of Muhals as well as villages, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . Require countersignature by Superintendent before transfer to Surveyor,. . . . . . . . . . . . . . . . To shew natural land-marks adjacent to boundary,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To be the Surveyor's guide in his survey, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Two copies to be made on strong country paper, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . One for Surveyor, and another for Col. ; the original remaining in Superintendent’s office,.. Pattern plan forwarded for instruction of Ameens,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THANADAREE LANDS. Demands, collections and balances to be shewn separately in quarterly Towjees, . . . . • • * : " " - - - - - - - - - - - - - - - - - - * - - - - - - - - - - - - - - - - e - - - - - - - - THERMOMETERS. Indents required to be submitted for as many as may be necessary, .. To be kept by head Clerk of Collector's office, . . . . . . . . . . . . . . . . . . . . . . . . Temperature to be noted at sun-rise, noon, and sun-set, . . . . . . 0 - - - - -e- - - - - - - - - - - - - - - - And entered in register prescribed for pluviometers, ... . . . . O e Order repeated. Range to be recorded along with fall of rain, . . . . . . . . . . . . . . . . To be placed outside of Cutcherry to the north, and in the shade, ... . . . . . . . Indents to be submitted direct to Military Board, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repairs to be executed through Superintendent of Mathematical Instrument makers’ Dept. THUILLIER (CAPT. H. L.). His plan of khusreh measurement in Jynteah described, TOLLS. See FERRY TOLLS. TOURS Of Cs. R. Dates of setting out and return to be reported, ... . . . . . . In order to entry in a register at the Board’s office, . . . . . . . . . . . . . . . . . . . . . Cs. R. to go on tours once a year, remaining a fortnight in each District, . . . . . . . . . . . . . . TOWFEER When resumed, to be settled at full rates with party entitled, . . . . . . . . . . . . . . TOWJEE (i. e. Rent-roll). Rules for entering Estates upon, and removing them from the Towjee, Settled Muhals confirmed to be on the Towjee, . . . . . . . . . . . * * * * * And others immediately on confirmation of settlements, . . . . . . . . . . . . . . . Muhals summarily arranged for but awaiting settlement, to remain off, . A Muhal once on Towjee not to be struck off without sanction of Govt. . . . Purchased Muhals need not be struck off by reason of purchase, . . tº º ſº e º 'º º is e e º e º º The only reason for striking off, loss by action of river or similar causes,. . . . . . . . . . . . . . . . Muhals not on. See MUHALS NOT ON TOWJEE. Estates separately come on Towjee not to be consolidated with other Estates, without sanc- tion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . Except when they may have originally formed parts of the sºme Estate,.... . . . . . . . . . . . Revised jummas of Govt. Muhals to take the place of permanent settlement jummas, The former jummas being inserted in red ink on the margin, . . . . . . . . . . . . . . . . . . . Muhals to be mumbered in regular series, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of mon-existent Muhals may be sanctioned by S. B. R. . . . . . . . . . . . . . . . TOWJEES (i. e. Accounts). See also PERIODICAL RETURNS. Cols. to forward duplicate quarterly Towjees to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To shew demands of Thamadaree lands separately from other land, . . . . . . . . . . . . . . . . . . . Need not contain a separate head for Muhals under butwarrah, . . . . . . . . . . . . . . . . . . . . . . Foot-note shewing disposal of sales to be in a certain form, . . . . . . . . . . . . . . . . . . . . . . . Bukya balances to be distinguished from hal in red ink, . . . . . . . . . . . . . . . . . . . . . . . Revised rule regarding quarterly Towjees. To be submitted by Cols. to Cs. R. . . . . . . . And quarterly abstracts by Cs. R. to S. B. R. . . . . . . . . . . . . . . . . . . . . . . . . Abstracts abolished, and other Towjees prescribed instead, . . . . . . . . . . . . . . . . . . . . . . . . . . Viz. monthly HAL, quarterly BAKYA, and quarterly Return of CollBCTIONS FROM MUHALs Not ON Towy EE and of CHARGES OF COLLECTIONS, ... . . . . . . . . . . . . . . . . . . . . . . . . . . All to be submſtted by Cols, to Cs. R. in duplicate, ....... * * * * * * e º e º g º e The figured statements being called for by S. B. R. from Accountant, ...e. . . . . . . . . . . . . . Also annual Explanatory ARRANGEMENT of BALANCES AND DETAILED REGISTER of BALANCES DUE BY DEFAULTERS to Accountant, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duplicates being sent by Cols. to Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submission to S. B. R. of Copies of resolutions of Cs. R. on Towjees dispensed with, .. No. 8295 9 y J3 93 603 Date. Page, 8 Oct. , 50. 478 $ 2 2 3 e 2" j 3 3 y 479 3 3 5 3. 484 5 3 5 5. 5 § 7 Oct. , 38. 67 14 Dec. ,47. 300 3 3 3 3 30 1 28 April 48. 377 9 Aug. , 50. 460 29 Oct. ,, 49 l 8 ,, ,, . 48 l 16 Aug. ,, 461 y 5 95 3 3 26 Dec. 50. 534 29 May ,38 || 38 3 3 55 3 3 3 3 5 5 O 5 3 3 3 5 y 3 y O 5 5 3 5 39 21°Aug. , , 61 5 3 5 5 5 2 2 l Oct. ,40. 128 20 Jan. ,41. 138 10 Aug. , 42. 74 O 9 Jan. ,38. 19 9 Oct. ,, 67 23 April ,39. 80 1 May , 5 5. 19 June ,, ** 84 25 Feb. ,40. k04 5 * 33 3 3 11 May ,42. 162 O e 22 3 y 92 33 O $ 3 3 2 3.2 O 3 3 J 2 3 5 22 O >> 14 Sept. ,42. 183 .V INDEx. f lxxi. O 1837 to No. 419 ; 1838 to 481; 1839 to 513; 1840 to 552; 1841 to 583; 1842 tºos, 1843 to 620; 1844 to 635; 1845 to 655; 1846 to 678; 1847 to 698; 1848 to 719; 1840 to 768; 1850 to 843. No. Date. Page. S. B. R. propose to call for any Tawjee when necessary, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603 || 14 Sept. 7,42 | 183 Annual Explanatory Arrangement of Balances to be forwarded to S. B. R. in all June,.... 747 || 17 July 49. 378 First quarterly Bukya Towjees to be abso forwarded at the same time, . . . . . . . . . . . . . . . . ,, 2 3 ,, . 379 First quarterly Return of Collections from Muhals not on Towjep, to be submitted to S. B. R. ..) in all Augt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 764 30 Nov. , | 393 Monthly Hal Towjees from Cols. to Cs. R. altered to quarterly, ... . . . . . . . . . . . . . . . . . . . 771 21 Jan. , 50. 401 Register of Defaulters abolished,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 818 || 6 Aug. , || 459 Explanatory. Arrangement and lst quarterly Bukya Towjees to be submitted in all Augt. and for all Districts together, . . . ... . . . . . . . . . . . . . . . . . . . . . . . . e e º e - e. e. e. e. e. e. . 833 | 12 Nov. , || 491 Statements for each District tº be tied separately and docketed, . . . . . . . . . . . . . . . . . . . . . e 3 y 5 3 35 9 3 TRANSFERS IN ACCOUNT May be sanctioned by S. B. R. . . . . . 529 || 6 May ,40. 112 Disbursements of sums transferred from dºposit to Profit and Loss under Revenue Accountant's C. O. 18th Augt. 1832, may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . TRAVELLING. Rate of travelling of Depy. Cols. from station to station the same as for Judicial Officers, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540 |28 Aug. ,40. | 120 Five kos or 10 miles a day, Sundays excepted, with one week for preparation, .... ...... 33 5 3 33 3 3 If term is exceeded, absence to be considered as without leave, . . . . . . . . . . . . . . . . . . . . . . . 2 TRAVELLING ALLOWANCES To Cs. R. Fixed at 250 Rs. per mensem during absence, when salary does not exceed 35,000 Rs. per annum, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 29 May ,38. 39 Allowance to be reckoned by the day, and drawn by Officer in charge, . . . . . . . . . . . . . . . . . ,, 3 3 9 3 4 1 To ministerial Officers. To be at three-tenths of salaries, . . . . . . . . . . . . . . . . . . . . . . . . . 505 18 Sept. ,39. 93 Old rule circulated on 12th June 1829, rescinded,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Junior Covenanted Officers employed in interior, 5 Rs. a day, if salary and other allowances amount to less than 23,000 Rs. a year,. . . . . . . . . . . . . . . . . . . - Or so much less as will make up the total receipts to that amount, . . . . . . . . . . . . . . . . . . . . To ministerial Officers. Scale in C. O. 18th Sept. 1839 applicable to Chuprasees and others, 5eceiving less than 6 Rs. a month, . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . Orders of 1839 modified. Four annas a mile allowed, when officers are required by their Superiors to proceed by dåk, . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * ~ * e º e But during halts, three tenths of salaries to be drawn, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 5 3 5 y To Depy. Cols. 3 Rs. a day while employed in tents in the interior, . . . . . . . . . . . . . . . . . 697 || 13 Nov. ,47. 300 o establishments of Depy. Cols, the usual rate of three-tenths of salaries, . . . . . . . . . . . . 3 3 5 5 3 5 3 y TREASURE REMITTANCES. Precautions for securing in boxes, . . . . . . . . . . . . . . . . . . . . . 478 20 , , ,38. 74 Treasurers to have benefit of excess in outturns, being liable for deficiencies, . . . . . . . . . . . . 568 9 June ,41. 142 Adjustments on this principle may be sanctioned by Cs. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 5 5. 53 33 To be packed in boxes of well-seasoned wood, e - e º 'º e º ºs e º e º 'º - . . . . . . . . . . . . . 575 28 July , | 1.46 Of which there should be a sufficient number always ready, . . . . . . . . . . . . . . . . . . . . . . . . . . Expense of remittances and of measures for protection of Treasurer, chargeable to Govt. ... 580 10 Nov. , 150 569 || 2 June ,41. 143 33 j } 3 3 3 J. 3 3 3 3 3.3 55 5 17 | 19 Feb. , 40. 103 3 3 5 3. 3 y 3 3 615 26 May 43. 190 651 | 19 Aug. ,45. 233 To be disbursed under authority of Cs. R. as a charge of remittance, . . . . . . . . . . . . . . . . . . ,, j 3 ,, . 151 Expenses to be as light as possible, and detention on route avoided, . . . . . . . . . . . . . . . . . . . . 3 3 3 3 ,, . 150 Agent on behalf of Treasurer, need not accompany remittance in first instance, . . . . . . . . . . 3 3 33 33 3 J. But to be present at the opening of the boxes, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 § 3 3 35 Credit to be given to Treasurer for overplus in outturn of one dispatch, ... . . . . . . . . . . . . . . 608 || 21 Dec. , 42. 186 As a set off against a deficiency in another, when the one or the other is in the tale weight —of the coin, e e º e º 'º º & º ºs e º Aº ‘º e º e º e º 'º tº e º e º 'º e º 'º - ºr e º e º e º e º e º ºs e e s - e º e º e º e s = e e But not when excess is caused by the difference between the real and nominal value of the COlſ\S, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Except as a set off against deficiency in the particular dispatch, . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 3 y Arrangements for transmission from one station to another to be made in the cold weather, 700 22 Feb. ,48. 301 Escorts not to, be called for in hot or rainy season, except in urgent cases, . . . . . . . 2 3 5 3 ,, . 302 Attention called to Accountant’s C. O. of 4th June 1824, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719 29*Dec. ..., | 347 Remitting Col. to satisfy himself by inspection that boxes really contain treasure, . . . . . . . . . ,, 3 y J. J. 35 And receiving Col. to weigh the boxes or bags, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 35 33 33 Adjustment of outturns to be effected in communication with Accountant and Mint Master, No.5 Precedent. 576 TREASURERS Not to be employed by Cols, or Magistrates on matters of private trust, ... 45 l 29 May ,38. 44 Infraction of rule will be attended with severe penalty, ... . . . . . . . . . . . 3 3 3 J. 32 O • e • * * * * * * * * ~ * * 33 3 5. 33 32 lxxii % | sº \ INDEx. A. tº to No. 419, 1938tosis 1839 to 513, 1840 to 552; 1841 to 588, 1942 toºlcº toº isºtoºs toº gº toº gºogº, Igg to 79, Igorozoa, Igorous. - No. Date, Page. Of Cols.”when taking charge of a Magistrate's Treasury, to have a clause inserted in security O *-- - bond declaratory of additional responsibility, ... : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538 29 April,40. . Il I To be allowed benefit of excess remittances, being liable for deficiencies, ... . . . . . . . . . . . . . . 568 || 9 June ,41. 142 Cs. R. authorized to direct adjustments on this principle, without further reference, .... . 9 3 3 J. > 5 5 ſº Sureties at liberty to withdraw suretyship at one month’s notice, ... . . . . . . . . ." . . . . . . . . . 572 || 3 July , | 1.44 Intimation in writing to this effect being given, to allow time for obtaining another surety, ,, 5 § 5 y 3 5 Original security continues responsible in the mean time, . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y 35 33 3 y And at liberty to associate another person with Treasurer in execution of his trust, . . . . . . 35 3 3 3 3 * 5 Not permitted to levy batta on coins afterwards circulated, without deduction, ... . . . . . . . . . 583 15 Dec. , | 152 Not to engage in commercial transactions in their own Districts, . . . . . . . . . . . . . . . . . . . . . 596 || 25 May ,42. 167 Allowed credit for excess in one remittance as a set off against deficiency in another, . . . . . . . 608 || 21 Dec. , 186 But not when it is caused by difference between real and nominal value, of coins, . . . . . . . . 35 3 3 3 3 5 3. Except as a set off against deficiency in the same particular remittance, . . . . . . . . . . . . . . . Opinions invited on Mr. Accountant General Morley’s scheme, for raising salaries and O reducing securities, . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . 639 25 Feb. ,45. 213 3 y 3 3 3 3 3 3 w gº O tº tº º gº tº & Securities to be fixed with reference to amount of gross receipts, . . . . . . . . . . . . . . . . . . . . . . . , 3 3 ,, . 214 In four grades of 10, 15, 25, and 50,000 Rs., to cover responsibility for less than 5 lacs, 5 to 15 lacs, 15 to 30 lacs, and above 30 lacs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 3 5 5 5 5, 2 Salaries of Treasurers to be likewise graduated with reference to security, . . . . . . . . . . . . . . 3 J. 3.3 3 5 3 y Viz. where security required is 50,000 Rs., salary to be 150 Rs. a month, . . . . . . . . . . . . . . 9 3 3 y 5 3 5 5 Where security is 25,000 Rs., salary to be 110 Rs. ; 15,000 Rs., 80 Rs. ; 10,000 Rs., 65 Rs. , 3 3 3 y 3 y Number of Districts to which the various grades of salaries would be applicable,... . . . . . . . . . , 3 3 3 J. 5 3 Estimated increased expense from proposed change Rs. 2,254 3 as. li. p. per mensem,.... ,, 55 ,, . 215 Mr. Accountant General Wood's proposition on the same subject alluded to, . . . . . . . . . . . . 33 5 y 3.5 J } As a set off against increased expense, stamp darogahships to be abolished, as well as office of interest mohurrir,. . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º 'º & e º e º e º a dº e º e º e s tº t e º e º e s m e 5 y 3 3 ,, 215 Mr. Revenue Accountant Grant's proposition noticed, to have one Treasury and one Trea- O surer in each District, . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 33 3 5 ,, . 217 Judicial Treasuries being abolished, and money paid by Col. upon Judge’s order, . . . . . . . . 3 y 3 3 5 5 3 y Saving on this plan will go far to provide for increased salaries, * g e º e º e º 'º 53 93 3 y 3 50 Experimental trial of plan in one District near Calcutta suggested, . . . . . . . 33 3 2 ” e” Treasurer should appoint subordinate Treasury officers, the Accountants being wholly inde- pendent of him, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 Sanction of Supreme Govt. to “Accountant General's scheme sommunicated, ............ 684 19 Mar. ,47. 276 Report required within 2 months, announcing completion of arrangement, . . . . . . . . . . . . . . 3 J. 33 ,, . 277 With gratuity rolls of officers put out of employ. . . . . . . . e e º 'º - e º 'º e s tº e e o e s e e s e e s e º e o e 3 3 33 3 5 3 3 Carrying out of changes in salaries and securities suspended, till receipt of specific instruc- tions froſh Accountant,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690 27 July , 287 Treasurers required to furnish malzamin, ... . . . . . . tº e . . . . . . . . . . . . . . 694 24 Sept. 298 TREASURY. Cash balance to be examined by Col. on receiving charge. ... . . . . . . . . 495 iz July ,39. | 85 Attention called to precautionary Rules of C. O. 31st July 1832, ... . . . . . . • * * * * * * * * * * * | 3 y 3 2 3.3 3 × Cs. R. to report to S. B. R. when Cols. are authorized to make over charge to their subordinates,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514 | 15 Jan. 40. 101 . Transfers to be motified to Govt. for publication in Gazette, ... . . . . . . . . . . . . . . . . . . . . . . . . 516 18 Feb. ,, 102 When a Col.’s Treasurer takes charge of a Foujdaree Treasury, the security bond to provide * for additional liability of securities, ... . . . . . . . . . . . . . 528 29 April l l 1 Provision for charge d’ſ Treasury during temporary absence of Cois... . . . . . . . . . 557 21 Jan. ,41. l 34 Sanction of Govt. to be notified in Gazette when a Depy. Col. is placed in charge,. . . . . . . . 581 24 Nov. ,, 151 Depy. Cols. so appointed, competent to negotiate bills and perform other duties, . . . . . . . . 3 9 3 y 5 y 6, Being jointly responsible with Treasurer for custody of public money,. . . . . . . . . . . tº 33 © 22 22 sº; 29 As well as for"proper observance of checks and accounts,... . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, 22 e 22 35 But Col. is not exonerated from his general responsibility, ... . . . . . . . . . . . . . . . 33 ,,” 3 3 3.3 Payment of revenue into a different Treasury will not bar sale, unless receipt produced on or before fixed date, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588 || 23 Feb. 42. 159 Deficiencies in Treasuries of Cols. to be reported by Cs. R. to S. B. 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