e 4 & i i i] i r z t ‘ ; . b: RY ee ; 3 1 t t Bit J 2 V ‘ E hs a y ‘ E : Pos ¢ rs Fi F . e 3 & a F " | es ‘ ee het tae I ae a ee en ret SD ae et die aed Cas a SS aetameype is~ ae Lae ey a eT ee e a FH i “4 Seer - Poe See Te ee LE eae RON ee eee tere et aL ard Tt fe Pee ee _ oy ee aes 5 ‘ Panella oea hae 2 a a ae nar ak eee eg sae es i 5 | 4 ; i ; L , ; 4 ' f A 5 4 ; oi bo. | ee t ‘ ; k t P } a bs é 7 : i ei 4 i * ie = bs ie 2 a 5 { i ; f Et } t i ! Pe t Pa + Fy i ie eh £ a oe aa = ome _:TO VOLUME er a A i bwaubs to be consolidated into one Assul Jumma, fF __ additional, not to be imposed, .o. @ece Mecounts to be furnished by the Board to Govern- ment, aisye'e ecee eee ._—, to be rendered by managers of estates un- om .. der the Court of wards (monthly,).... -———, Ditto annually, to be Audited by Collector, =—-, periodical, to be rendered by. Guardians,.. , of estates in different Zillahs, under the Court of Wards, ——, how recoverable from Officers of Collectors, —- ne evs @ @¢es8 S—, to be rendered on withdrawing attachment, -———, to be furnished by proprietors of small Pp estates, ——__, Ditto by proprietors and farmers of Lands attached, F-_, neglect or refusal to produce, how pun- ishable, oe ee @See e©e @6e +—_——., rules for production and verification of, ee ee0@ @e4teo ee } extended, }+——-, of Putwarries, for allotment of Jumma, .. +———, of Repairs of Embankments, how prepared, ;—__—, to be approved by a Committee, oes ee periodical, of interest due on arrears, -- Eto be furnished to Aumeens dividing eet @ eeo0 8 ee ja estates, eee ®@e0 -—_—, to be sworn to, of Putwarries, how obtained and verified, ——, Ditto falsified or frabricated, .... ee , tules respecting production of, by pro- prietors and farmers of land, to remain oe eo ® fn force, @ees @wv 40 Accounts, INDEX THIRD. es: z. - IGE Page.| Accounts of Putwarries, further, provision respecting, 238 22 | —__-——, what not receive in Courts of Justice, ib. ib.| ——-—--, in what enquiries production of, may be required, ee arty ee 290 13 | Accountant to Board of Revenue, Register to be furnished, baie psuc clo 30.| Adoption, by disqualified Landholders, invalid unless 32 sanctioned, ake : es 37 35 | Advances for repair of Embankments, application for, 74 —————, Applications to be forwarded to the Board 90 of Revenue, REP ae 2 ib. 93 —, or may be received by the Board, .... ib. 117 —, how recoverable, ee Saas ORs 49 Agents of Landholders, how proceeded. against for 118 recovery of Accounts or Money with- held by, wes se eae te Hop ib. | Adlowances, Police, in Land or Money, resumed, .. 2 -, Deputation, to be granted by the Board © ib. of Revenue, aia se ye I] , of Cauztes and Canoongoes, to be ad- 122 ded to the Jumma, a ae ib. 136 _, and paid by the Collector, ee 162 , to Managers of Estates of Disqualified ib. Proprietors, a's pes 24, 181 , to Disqualified Proprietors and Family, 30 , may be reduced or increased, jee oo ane 193 , how paid, if the Manager and Guardian ib. distinct, paesta 3% eae eee oO 217 —, of Malikana or Nankar, how fixed, .. 274 ib. | ——————~, limitation of amount, oie ae ib. Altumgah, validity of grants, how determinable, .. 7a Appeals from judgments of confiscation, ...... 42 218 , by Collector, if cast in the Zillah Court, . 40 , Appeals, heee ale ~ 5 ed ET oe tod a a he ‘ nro = ~ ~ ee ee ee conta ernie ete, | Lae ne . - * ey — 4 7 Ps : rs - MaRS Se ete he Sc iat ia 5 er le asi p z ” ore es Den eee te hear tae eee ee as i : : . Be pret ee cee ee ee ees lie Fas hye ss F a i. oe aac iad sta that halite initiate ee ee ee . Pcp Re . eee ay ‘Ti epee “4 3 ae he P Pen car Ae Be ee: : ae 4 i Pd M iS . , , epee A “na! ~~ - a tN ae eg < P ane Ps " aa Page Appeals, against the Collector, if judgment in his favor Beis ns vane vei C80 —__——., not allowed from Summary judgments, .. Ilo pitnee BA WCARES OL confiscation, limitation of, to the S. D. A. date Poca bee —__—-, from decisions in cases of resumed lands, 244 —___—_, Ditto in claims to rent-free lands, seven eu 249 special only, to be admitted, in what cases, ——— > , from decisions of GQ kector to the Board of Revenue, sw eles paladin Arrest, process of against defaulting farmers, m8 39 _, of defaulters, authorized in Cuttack, a eek Arbitration, what suits Collector may refer to, —«s 298 — _, to be encouraged by the Collector, .. 301 i, authorized,. to determine ‘the value of fund or property required for public purposes, eh vs Sauoa tl Arrears of Revenue, explanation of to be required, 12 , arising from Estates under the Court of Wards, ae Se a ee 31 , what so considered, ee oN 39 —_——, payment of, how demanded, ee oe 1 @——, occasioned by inclemency of season, +. 40 ———, persons confined for, may sue the Collector, © 41 ede in what cases Estates not to be sold for, «« 51 ——_—, of rent, distress and sale fOr, © «5 ee 0S ———, of Revenue, purchasers at Public Sales not liable for, ge a Co ao theses pi recoverable from lands sold in satis- ‘ faction of Decrees, oe oc ib. __—-, of rent, summary process for recovery of, 410 —__—, of Revenue, interest on to be levied, < +— k18 __—-, due at.the close of the year, to be reported, 118 ———, attachment for, not to be made in the three first months of the year, ee éo 184 __, to what cases above rule not applicable,e. — il _.._—, causes of, to be ascertained by Collector, . 35 ___—., sale of lands for, when to take place, .. 136 ___—., from joint undivided estates, how reco- verable, iis we ae 68 Arrears, Arrears, from an estate under division, rule re- garding, as ee oe ____—,, from Ghautually Mehals of Beerbhoom, «- _———, in Cuttack, what so considered, « ae —-—, payment of, how demanded, «. . pee ____—., or defaulter proceeded against, .- ‘a... causes of to be ascertained, .. “= ¢» __-—, of Putnee Talooks, how recoverable, Be of rent, further process for recovery Of, «+ how recoverable from Resident Ryots, .. of Revenue, from estates of Minors, rule regarding, oe ee - ____, sales of land for, rules regarding modified, _____, process for recovery of, 3 ee ——-—, arising from an estate under the Court of Wards, a ee Ai: —__—, of joint estates under division, fe —___—., of contested, amount to be deposited, es __., of rent due to defaulters where lands may be sold for arrears, was ot Assessment to be fixed, exclusive of Sayer, ae —, also of Lackherage lands, .. oe —__.-__—, but to include Malekana and Nankar do. ___.____—-, and Chakeraun lands, as sa _,on portions of estate, to be sanctioned by the Board, «- a ee _____-, on resumed lands in Cuttack, wiaien wt —, Rule for fixing or revising, eoooan Assistant, Senior, to officiate in the absence of Col- lector, ie si es —_____—, to Collectors, prohibited from trading, ee __, Ditto duties and responsibility of, oa Attachment of lands, on confinement of a defaulter, + ” Page. 199 ° 202 226 304 ib. 310. 20 ib. ib. ib: 136 152 277 ——, establishment for, how provided, .. abs —_—..--—-, of small estates, how made, .. we ile ____._, resistance of, how punishable, eine fe 82, ——, to be made in occurrence of arrears,.. 116 — _, to be withdrawn if the arrear be paid within the year, ae oe 117 —____.—-, resistance of, provided against, « .«. 120. Attachment,_ Attachment, establishment for, to be proposed by Collector, ae se oe eee —, for arrears, not to be made in the three first months of the year without or- }.. ders of the Board, os oe ————-, nor without such orders, except in par- “tial cases, oe ae RS ‘———e=mnnnn—, Of entire estates to be made, vs ——————, if suspended on account of calamity of 7 season, to be reported to the Board, , for rent, in what cases to be withdrawn, , ditto ditto, —, of rent-free lands, in what cases autho- eee ee ee rized, ee os e0 Attendance, how enforced, of persons summoned, .. Aumeens, attaching, to collect according to engage- ments, —, attaching of lands sold in satisfaction of Decrees, ae -————-, accounts of, counterpart to be kept, , to collect according to engagements , except when collusive, oo ee -, to be employed in dividing estates, .. —————, oath to be administered to, .. : ———.——, how punishable for corruption, ——————, per centage to be allowed to, ea es ———_—-~, to be furnished with necessary accounts . » On completing division, what documents to deliver to the Collector, gs ve ~_—_-—, Superintending private partitions, how to be remunerated, on, @eea Auditor, Civil, to be informed of all pensions con- tinued, ue A:ards of Collectors, how executed, @®@ ®e —, of arbitrators for determining the value of \ land or property required for public works, Ayma Lands, validity of grants, how determinable, B Badshayhee Grants, Rules for determining the va- > didity of, 9@ e9 9@ Badshayhee, INDEX. Page. Page. Badshayhee, what to be considered hereditary, -..° <%6 123 | Board of Revenue, Rules for suidance Of, -c0e?.., -. 0146 , to contrel the Collectors, e- ib. oaereees —, to enquire into any misconduct 134 of Collector, on ‘i tb = » May summon a Collecter to the ib. Presidency, on oe ib. ib. » and may impose fine, ae ib. » may stifmon any Landholder,. 11 135 | -——-—--- —_, may propose to Government the 178 deputation of a Member, .. 12 ib. ». to see that the Revenue is punc- tually realized, es a ib. 238 | ——---_-—-, Members of, prohibited trading, 13 239 , further prohibitions relating to. ib. » may prosecute or defend suits,.. 49 AO} » to be guided by the orders of Government, .. ve ERS 8] | » to decide in claims to pensions ib. | to a certain amount, eeee 165 ial » to submit drafts of Sunnuds to 117 Government, oe 2. 167 19] , aMember of, to visit any District : H: when required, ee oie’ “ETS ay. | > powers to be exercised by, in . 192 | such cases, “s oe LS 193 » two Members required to’ con stitute a Board, ee e. ib. 194,| 7" —,_ to determine in the disposal of en- tire, or of portions of estates,. }79 196 » in what cases to apply for special orders of Government, .... 200 165| 77 — > Districts re-annexed to the con- 993 trol of, a aveee Boe ——=———«-—, may authorize investigation into 340 claims to rent-free lands, «. 236 "5 » to pass judgment on proceed- ings of Collector, cose 242 , ditto ditto, i oOo eae yp | —————--~———, decision of, in what cases final... 249 Loard of Revenue, see de nae ri ey sebbbi Perey e x ce es * easBoard of Revenue, and to be carried into effect, -- INDEX. Page. 249 : ‘ , constitution of, and jurisdiction modified, - -... Miler. 00 , Districts to be re-annexed to the lower Board, ae Se. lbs , Ditto tothe Central Board, -«. ib. , Ditto to the Western Board, .. ib. , Rules established for the guid- ance of, ‘ és Cee ck , powers and duties which may be committed to single Members, 266 , differences of opinion provided against, or pee eo , Ditto ditto, < So be , Central, constituted a Court of Wards, ee ee OO eee -——, decisions of Collectors, Appeal- able to, os ae sea omen » Rules regarding such Appeals, . 297 , reports to be forwarded by, to Government, .. see , of Revenue or Commissioners, - terms explained, .. een eau , may withhold confirmation of x Sales of Land, .. vegies ee Boundaries, disputes regarding, to be adjusted by the Courts, .. ce - 19 Buildings, public, repairs of provided for, seve 100 —, not to be appropriated to private use,.. _ib. —————, Ground required for, how obtained, .. 336 C Canoongoes, records of, how disposed of, eae Oe , Olfice of, re-established in Behar, ee 204 , Selection and appointment of, ee eid: —————--=-, {0 receive a fixed salary from Go- vernment, ee ee - ib ____— , what lands of, to be resumed, ee 205 ———a———————, duties to be performed by, Sc eee eae oe——, further Rules regarding the office, .. 207 —, appointment of in Cuttack, Sec eS | Canoongoes, * Page. Canoongoes, Regulation II. 1816, to what districts extended, os —-——--——, appointment of in Midnapoor and Hidgellee, 5% lait Gt —_——————, appointment of in certain districts, in Bengal, eevee 08 @eréb ee , Regulation for the appointment of, ex- ee tended, ®*@eae#e *®@eesee#e#2e? —, appointment of generally in Bengal, . -___— —, duties of may be altered by the Board, Cash, public, form to be observed in issuing, o3 —_—___—-—., embezzlement of, by public officers, .. —, use of by public officers prohibited,.. ——, offence of, how punishable, aes —_—-———-—, convictions, to be reported to Govern- ment, e@eee e@eeeees Cauzies, what, authorized to sell distrained property, Certificates of pensions adjudged to be granted, .. —_————~, Register of to be kept, a6 es Churs, principle applicable to, ee ay: ———-—, required for Salt manufacture, .. as Civil Servants, from what persons prohibited bor- rowing money, 2. as Claims of Landholders not consolidated, to be dis- missed, aie a i Collectors, general duties and rules for guidance of, , oath to be taken by, , to conform to the orders of the Board of Revenue, ee ee ee —, to keep a diary of official transactions, .. eee , several duties to be performed by, 2 , hot to employ private servants publickly, leah ae meee , to be jointly responsible with the Trea- surer, 6. ane e » hot to be concerned extra officially in the Revenues, es eee ——————, prohibited from trading, .. = ————-—, local limits of their authority, i. oe ————, not to quit their Station until charge made over, ea ee t ee 210 221 ib. ib. ib. 17 10, Collectors,Collectors to attend to the spirit of the rules of Regulation VIII. 1793, os ve , to Audit Accounts of Managers of Kistates of disqualified Land-holders, . _—————, how to dispose of surplus attentions * from ditto, et te % , liable to be sued for acts contrary to Regulation X. 1793, .. aie 6 » may be sued by defaulters confined for AITears,. + i i , may be required to shew cause for con- fining a defaulter, ye Side , Suits instituted against, rules regarding, . , not to derive any benefit from public suits, aa oe 3 , nor to sustain loss, if they have conform- ed to the Regulation, ae ee , may be.compelled to pay costs and da- mages, oe o os , or fined by the Courts for disobedience, ————=—, not liable to be sued for acts of their predecessors, °° ove , to carry on suits when removed, .... oe ees: , demands of, for Revenue, to be complied with, ¢@ @e@ ee , may propose Regulations to the Board, . , May summon any native inhabitant, «. , to be local Superintendent of Nuzzool property and buildings, o. - , to furnish reports of Summary Suits decided, a ofa eo _————, may summon any native agents, oa ——_——,, in what cases to apply to the Board, .. \———-—-, to report lands held rent-free under in- ce valid tenures, “ beens ,may be vested with powers of Ma- > gistrates, ee o. - |=, in that capacity to be guided by orders of the Superior Courts, eee ., may delegate duties to their Assistants, . ' Collectors, Commercial INDEX. Page. Page. Collectors, powers and duties of, in revising or mak- t) Pee TTS 25 ing settlements, we Sasei Bed ‘3 ae , detailed investigations, to prosecute, »«. 280 8 32) , particulars to be recorded in proceedings, ib. a -, Rules for guidance of, ef Seno EBs f ib. | —— , Special powers may be granted to, by 4 Governor General in Council, se «6288 om 37 — , powers ordinarily vested in, .. eo 290 ; » but may be extended or restricted by Al Governor General in Council, .... ib. , Cutcherry of, to be held a Court of Ju- 44, dicature, vs ag os Oe A6 »may depute native officers for local enquiry preparatory to asettlement, 294 47 | —_———, decisions of, appealable to the Board of Revenue, es ‘ce oe (296 ib. | ——---——-, how to proceed in certain cases of threat- ened breach of the peace, .. as 299 ib.| _______, to ascertain that a balance is due before 48 proceeding to a sale of lands, ee 309 Collectorships, rules for rendering jurisdictions com- A9 pact, ev e0 weds 9 ib,| —_-—---— limits of, may be altered by the Go- 2 | vernor General in Council, eae 26a 91| Commissioners, Native, to dispose of distrained pro- + : 123 perty, eo _ én 86 . 137 Pest , Ditto; ditto, = .. ee xe 107 a ————- ———., suits cognizable by, ee es 110 : 170} —_-—__-——-, appointment of, in the Stmderbunde, 2190 4 | ey Ditto invCuttack, Be sist eS Fe 179, —___-_____,, powers and duties of, defined, ee ib. E 218 , in Behar and Benares, authority of i ib. extended, “% stgs' 210 ; —————--~——, Ditto control extended to Gorruck- 236 poor, oe Gee se “Boe Commission of Collectors on Jumma of resumed 262 lands, oe i oo , on sale of distrained property, oat SLOT ib.| Commercial Residents, notice of distraint to be 264 sent to, oe eo 98 58 &. - + a ee ee - an et?" 5 ory : SramonenanerPenIReT? i. aes ia para eo aa a ee FT nse alan aie tater i eee eek Lda iene Mnaceeaeeinn tat ca dade OE on Teas lee ce eich ete ee eT a ee eat te ci eee oe a a ee a cae ; A . id BS e "ceeny e Commercial Residents, notice of distraint to be sent CO, ee ee e@ * & 7” * } Commitice of Embankments to be appointed, ‘ 7 = 7 c —— , duties and general contro! ot, Pir _______.. Rules for the guidance of, « a “ Complaints, unfounded, 1n the Foujdarry Court to be discouraged, oe ae Confiscation of estates may be commuted to a fine, Contempts of Court, how punishable, .. = Costs and Damages, what to be brought to public Talathhe account, @6 ee Trane , pe Ber 2 Us eee Creditors, Native, of Judicial and Revenue Oilers, employment of, .. eeee , their relatives or dependants, .. : } eta Des airy Courts to allot one day in the week for Revenue Suits, ee ee ee @e —_——, may certify cases of individual hardship to (sovernment, wa eese Cuttack, Articles of Proclamation recapitulated and confirmed, és e a. -, what grants of lands in, not resumable, .. -, what ditto valid, #3 ie ee ——_—-, quit rent Jumma of certain Zemindars con- firmed, at eé oa -—x——, Revenue Regulations extended to, ee ———, what estates in, not subject to the Regu- oO 106 16] ib. iD. lations, ae ee ee 158 ——, Rules regarding the settlement of, modified, 182 -——.—, to what estates applicable, co ; ib. ————, pledge contained in former Regulations con- ; firmed, os ms ss (20p —————, appointment of Canoongoes in, Tee 20S -——_—-, settlement of, extended, eo sts. 209 ————, appointment of a Commissioner in, ...,. 222 ————-, process against defaulting Zemindars, .. 226 ———-—, Towjee to be accompanied by a report of Collector, i oe ee eu ———-, settlement of, extended, a cs eS IL ———, provision for future settlement of, and exist- ing settlement extended for five Wears... 2rd Darogahs | Defaulters, confined, may sue the Collector, | —__——., arrest of, for arrears of rent, U © Darogahs of Police to depute an officer to be pre- sent at distraint of property, a Debts incurred by Civil Servants, to be reported to Government, oe is i Decrees, copies of, in what cases to be forwarded to the Board by Collectors, ait es , to be enforced by a sale of lands, copies of to be sent to the Board of Revenue,.. —__———, what, to be forwarded to the Revenue Au- thorities, es a pes , Ditto ditto, “ - ey Decisions of Revenue Officers, in what cases to be maintained by the Courts, e228 , of Collectors appealable to the Board,.. @eee , grounds of detention of, may be enquired into by the Judge, a i: ———---—, Judges may release on security, = ——_———, under tenants, when so considered , prohibited bidding for- distrained pro- perty, ee ee eo —_—_——, not to be confined by Land-holders, .. , under tenants, when so considered, . @ eeees —————, confined on summary process, may insti- tute a regular suit to try the demand, , may sue for rents due to them, ans —_———, what persons so designated, he al dni Demands of Collectors on Land-holders, how con- “ tested, . « ee ie | Deposit on purchase of lands at public sale, ee , penalties attaching to failure, .. ee ,» increased to 15 per Cent. oe on , on purchase of lands at public sale, ay Deputation ordered by the Board, to be reported to Government, -e “ —, allowance to be granted, .. ve posed to Government, °°@ ¢ ee¢ Depuiation Page. 109 334 45 8] 99 ib. 286 296 Al 114 119 314 Bik 83 ib 103 312 ib. ‘, of a Member of the Board, may be pro- | 12 °Deputation of native officers, by a Collector, és Dewan of Collectors, office of abolished, oats Dispossession, wrongful, in what cases cognizable ee 6@ by a Collector, Laas a arinc s+} - ge Si Register of further rules for preparing per! odically, Ms 4 as —__—.—, succession to, by inheritance or otherwise, to be notified to Collector, oe ee ——_—-, further definition of the term, Cea. ——_——., entire, to be attached for arrears, re —.——, Ditto, responsible for the Revenue until re- gularly divided and assessed, ee e ee a —_——, joint undivided, to be managed by pro- prietors, ee ee 2° ___—-, Ditto liable to sale for arrears, tS ——-——, entire, or only portions of, to be disposed ? of at the discretion of the Board, .... ———-—, on division, Jumma how assessed, a ————, division of to be superintended by Collector, IND | } foxce) puod o> oe) w© yt paced — z n wo So CO QO = a) ao CO — oo y= fomal ep) < pot 9 CO = ~J es | Ge. -G oOo WwW ————, application for by joit proprietors, 7 ib. —__-—, manner of division prescribed, Beth eee edits | ———, division of, may be made by the sharers, 196 | Estates | EX. Estates responsible for the Revenue until separate possession be given to the sharers, .. ———, may be formed for twelve years, oe —_——, or otherwise managed, if the Zemindar re- fuse to engage, ee oo oe , under the Court of Wards, for what argedrs « not liable to sale, We eo | _-——, joint under division, rule regarding the. sale of in case of arrears, ae .% ____—, Governor General in Council may cause restoration of, ok ——_——, purchased on account of Government, rules applicable to for management, ee Establishment of a Collector, appointment or re- moval of, es Pe —ES , of officers under managers of estates, —____———, for attachment, how proposed and authorized, ae Hp — , Ditto, to be proposed by the Col- lector, cose save ————_—_——,, Invalid, rules for the better regu- lation of, ee e@ @o6 Estimates of repairs of buildings to be submitted to Government, Se Je ——_——.,, Ditto of Embankments ditto, aéve Europeans not allowed to farm lands, voce 5 Ditto ditto, ee ee ee —————, security of, not to be admitted, ete prohibited holding land without the ~~ sanction of Government, RS eee not to possess lands orto be concerned ~~ 7 by hae 7 1] : ee > ~y In the collections, os eo Ne we ground held by, under the sanction of Government, to be measured, ee lands held by, annual statement of to be furnished, sie oe F Farmers to give security for the Revenue, oe ae lefaulti ———, defaulting, how proceeded against, ee ——-——, and their sureties to be arrested, er Page. OQ ] JO 304 ib. 40 133 140 169 161 Ad 116 é farmers,? Péege. Farmers may be detained’ in custody by the col- lector, eas wae ace LO +, Property of, to be sold for arrears, ce LS ——-——-, Landed Property of, liable to sale for arrears, 23 vs OED ——-——i; of lands under the Court of Wards, rules * applicable to, Ln wil "B69 Farms of land; not allowed to Europeans, ee , may be annulled for resistance of process,. 43 ————-, to be attached on the occurrence of an arrear, a bee see LTO ——-——, lease may be annulled, for arrears, ae T19 ,may be granted for a period of twelve years, ote S36 212 Fees to be levied on the registry’ of union or divi- sion of estates, wid wat YOR , rates of ditto, ee ‘bs ea” ib ——, tobe levied in transfers of land, .. ee ib. ~»——, rules of ditto, 2 A res , to’ be carried ‘to the credit of Government, . 105 Females, proprietors of land, exempted from per- sonal appearance, es nae oo , may be invested with the charge‘of their estates, e° a oe $0 , to execute engagements for the Revenue,. ib. Fines, Land-holders not attending when summoned liable to, ae i. -s it ———-, persons liable to for interference with mat- Senet ae ——, sureties liable to for resistance of process, ee 43 ters cognizable by the Courts, , daily, may be imposed in certain cases, .. 82 ——, sharers of estates withholding papers or ac- counts, liable to, A ret tae Fuel Lands, required in the Salt Department, how ? obtained, — os ay* ove G. Ghautwals, of Beerbhoom, settlement of Mehals,.. 202 a, rents of, how paid, a von iD _, arrears from, how recoverable, ae Gorruckpoor, district of, annexed to Central Board, 232 Gorruckpoor, INDEX. Gorruckpoor, district of, excluded from the operation of Regulation VII. 1822, ‘a ert Government, not liable for: errors of Courts “of Justice, es ae ca oe —, Officers of, in what cases exempt from prosecution, ee -s ib. Grants of land Mocurreree, rule respecting, ee 17 , Rent-free, rules for determining the validi- ty of claims to, ee ab =~ 59 , what declared to be: invalid, es oh, Ox , forged, altered, or antedated, null and void, 62 ————., offence of forging or falsifying how pun- ishable, eas es - io , Badshayhee, rules for determining the-va- lidity of, Be ot eg , Escheated, Revenue of, to be attached, « ib; , of land in Cuttack, what valid, oes 49 ——_——, rules for determining the validity of, .. 150 , period allowed for registry of, .. ~~ tes , existing: rules for determining the validity of, to what tenures applicable, sows 236 ———, validity of to be carefully ascertained, .. 245 , not to be received unless registered, oe ibs, Guardians to be distinct from managers, sf 29 , but may, in certain cases, be united, .. ib. ; what to be committed to his charge, .. ib. ; to sign’a specification of property, ... 32 , province of, explained, os on 3d ————; selection ‘of, and restriction regarding legal heirs, Sues LL ae , of female minors, to be fomelesy os +s ib. ______,, to what disqualified land-holders to’ be appointed, efi. seeer «634 —______—, compensation to, may be authorized. by. the Court of Wards, <é SEE os —____——, security to be given, and obligation to be executed by, — ws cour nes —___——,, establishment to be employed under,;-.. ib. ————--, periodical accounts to be furnished by,. 39 , trust of, may be united with manager, .. ib. Guardians, Pe teed te hen teat Dot Pane ae a * _ xsoo aletaemat aeahereiadetinnentternee. | 1. cinta . as ie ; eT athe pk ee ae ie rt os ne | eee - = ti en " BF ath i ite i ede ee al ee ee a eee | 7 Bera iranes Pt is Fa i ime te 3 hae ta ah ene tn hate kaa x eae ST a a, aoe mclmeechceinrtatianlmieeidnam omen Dai Staten ae dahil titan in att intel in i te nl ei el Page. Guardians, liable to be sued for unauthorized pobie swe , in what cases, may be appointed by the * Judge, eevee e@eee 124 , rules for selection of, ee fauep kon , compensation to, how fixed, ee ib. , to give security, and be furnished with a comniission, ae ai ib. —______, duties to be performed by, +» eo Ib. , of minors of joint estates, powers of, ee 160 H. 1; Instalments of rent, to be adjusted by proprietors, with their tenants, * ee 24 , of Revenue, to be paid on the Ist of each month, ce eo? 91 te ee LEO, am, Cuttaek, ditto, wil 2h Inheritance of landed property, restrictions on, re- moved, eens sil ay 38 —, of estates in the Jungle Mehals, ee tO Interest, to be levied on arrears of Revenue, kegs ———, defaulting land-holders liable to, “Ree hey! , may be remitted by the Board, aid cook coils - , accounts of, to be furnished periodically, . 1b. e——_—_-, on arrears in Cuttack, si oe caller Invalid establishment, rules regarding, ies decandit a provision for the better management of, .. 140 , to what Zillahs to extend, ee .s ib. , Superintendance of, vested in the Board of Revenue, ‘ ie stbiaeaid td ——., Ditto, in the Regulating Officer, od ib. —-——, Regulation and-conduct of, rules for, «2. IJ41 , further provisions regarding, BG Invalids, rent payable by the heirs of, ca 2 ae —_—_—, Ditto to be adjusted by Collector, .... — ib. ————, pensions to be granted to, instead of land, 172 ,; pensions of, to be exempt from attachment, 188 Istemrardars, with whom settlement to be made,.. 17 —, whom, not liable to increased demand of rent, dame 4s oe el Judges, what petitions to forward to Government,e. 50 Judges | INDEX, Page. Judges may certify cases of hardship to the Gd- vernor General in Council, .. i. - ORE Judgments, summary, not appealable, +e apelin —, Ditto, not to bar a regular suit, os kee Juggernauth, temple of, lands assigned for sup- port of, not resumable, «- _ eo 148 Jumma, rales for, appertaining on an estate Sold in two or more lots, os ©) apie SB 3 —_——, Ditto, if a portion of a Zemindary be sold, ib. , Ditto, in case of private sale or transfer, .. ib. , Ditto, on joint shares of estates decided, +» &y ——_—-—, Ditto, on Khas or farmed lands in event of sale, ve ey sis ibe __-—, Ditto, of a recusing Zemindar, sold under a Decree of Court, ee ai at aps , to be assessed on separate portions of estates, ae | wi chee ee , rules for fixing on resumed lands, i sich gt ae , apportionment in lands sold in satisfaction _ of decrees, oe ee eo ©6881 , allotment of in cases of sale, transfer, or division, ee oe iy 122 , rules for allotment to be strictly observed,. 136 , not to be fixed on a portion of an estate without the sanction of the Board, ee 1b. , allotment, if necessary, to the validity of separations, ose ‘ace ee ————, rule for apportioning, on estates divided,e. 183 , how assessed, in portions of estates divided, 190 , but not conclusive until cenfirmed by the Board. an at ee 195 ———, allotment of, may be altered by the Board, _ ib. » new allotment, in certain cases, may be au- thorized by Government within 10 years, 197 , rules for fixing, in revision of settlement, . 277 , allotment of, in certain cases, may be al- tered within 10 years, ee coe 330 , ho abatement of to be made without the authority of the Governor General in Council, on aie ee 33] «Jumma, .Jumma, what questions respecting, cognizable by the Revenue authorities, . K. Khod-kusht cultivator, not liable to be dispos- ea e0 sessed, “¢ Kists, of land-holders, to be paid on the Ist of each nionth, L. Lakherage lands, validity of claims to, how deter- mined, a AP se , rules applicable to, , transfers of, by sale, to be registered, .. , Register of to be kept, oe o ~———————, resumption of rules modified, wise ——————, resumed, to what extent Zemindars en- titled to benefit from, a vs , Collector may take cognizance of claims to, ay de os Lands of disqualified proprietors, how managed,.. » resumed, under 100 Beegahs, to belong to the Zemindar, , exceeding -100 Beegahs, to belong to Go- vernment, ee , sale of, in satisfaction of decrees, rule for, -—_—_—-, Ditto, attachment of, rules regarding, ee , transfer of, by sale, to be registered, , to be sold for arrears, statement of, o6 , Malgoozaree, Register to be formed, “ ————, Lakherage, ditto ditto, ¥ , for invalid establishment, selection of, ee , to be granted, in lieu of pensions, , granted as religious endowments, how su- perintended, ve 0 » held by Canoongoes, resumable, we > , with what exceptions, , resumption of, rules regarding, modified, .. ———., alluvian formed, principle applicable to, .. , waste, rule respecting rights of proprietors, , Ditto, leases for, may be granted, , required for public works, how obtained, «. ) Page. 331 260 9} 99 84 ib. 126 2395 ib. 288 18 60 6] 81 ib. 84, 119 126 ib. 140 166 169 204 205 235 ib. 250 249 336 , Land-holders, INDEX. Page. Land-holders, disqualified, estates of not liable to sale for arrears, e° is a ——————=—==—, disqualification, grounds of, se 48 » disqualified, adoption by invalid, un- 7 less sanctioned by the Board of Revenue, Pe arg vets. oe ——, whom considered disqualified, .... 27 Lee , disqualification to be reported to the Board, oss a dese WD: » females may be exempted from, .. ib. -——, disqualification, how ascertained, .. 28 — ,» may petition the Judge for recovery of estate, a oe ee —, disqualified, debts of, rule regarding payment, °° i< aa — , report regarding, to be furnished by Collector, ee ey; ——, disqualification on grounds of cha- racter, removed, ae ae “102 S355 , not liable to confinement for arrears, 122 ——, recusing, lands of, how disposed of, 21 Law, Hindoo and Mahomedan, to regulate the in- heritance of landed property, .. 38 Leases, Mocurreree, rules respecting, .. ae. UP , for buildings, &c. unlimited period of, .. (80 , of under farmers, what cancelled, ee 100 ;may be granted by proprietors for any terms, rs -e eo §=1%5 snot to be annulled within the year with- out Judicial Decree on proof of collusion, ib. ; if cancelled, at what rate purchasers May collect within the year, ee eo 176 ——-—., explanation of existing rules regarding .. 183 —_————, limitation of term, in certain cases, ve | aD ; further rule regarding, 7 oo 184 ———-—, contrary to Regulation XLIV. 1793, ne- vertheless vahd, ee sc Oe —--—, granted by Putnee Talookdars, rule res- pecting, Cs oe 5 aan eae ———; Ditto ditto, a e0 ee ib. Leases,a a rs ~ emir ~ a a” elle Pry bl l 2 ¥ 3 4 Page. 1 Leases of defaulting tenants, in what cases may Ree be cancelled by. Zemindars, «- se oe ————, provided it be. not a resident Ryot Soi ——-—, renewed, may. be granted after, the revision or" of the settlements, aa Spo es 279 ———, may be granted for waste lands, ee ————., what liable to.be:annulled by purchasers, 326 —., further provision regarding — +e arco Loans, to Civil .Servants, in what cases-unlawful,.. 333 M: Méal Adawlut; Courts of abolished, ee a 5 Magistrates, powers of, may be vested. in. Revenue Officers, se f° 262 —, may be empowered to act as Collectors,. ib. —-—————, and to be guided by. orders of the Board of Revenue, ... knnid ole , in Revenue capacity, amenable to the Courts, ee ne sinc ekak —, what complaints to refer to the Col- lector, ee rs iene NMalikana, payable in case of private sale.or trans- fer of Khas or farmed lands, a 4. , to disqualified proprietors, rs.) ‘“ , may be reduced or increased, Ew cmacckee o———, how paid, if the guardian and manager : distinct, bare pe gecnendis ————, of recusing Zemindars in Cuttack, .». 231 » Nankar allowances to be deducted from ib. ————, allowance, rules regarding, rescinded, ... .274 " pase — ws nee ru Te EE cage ig sO AMON OI ce tr RE LIS re eta an nei ie igus nla a al SEE, wap gare emer iateng se S Mihe hn enh meme tees Nn pe OF ESS RRR URE SW GORE HRS a RO ah ie , —————*, limitation of amount, ci ne hy - —, mode of adjustment, ee ee 219 Managers, trust of, to be distinct: from. that of guardian, phideat ces 29 , exception, in certain cases, to above rule, ib. ———-——; what property to have charge of, ve Ab; Yorn , Security.to be given and obligation exe- cuted by, oepe bare 2D. ~~ , to, receive'an allowance, and how: fixed, _ ib, -—-—-~-, guilty of fraud or embezzlement, how punished, Eislinie sits BD Managers, Se lead fees i ata ee at i a Late ee rt en art aoe — ae Pa eae INDEX. Page. Managers, rules for the guidance of, in discharge of their duties, 5 ous oe 30 , monthly accounts'to be rendered by, .. —_—1b. , to sign a: specification of property en- trusted to, ck fos. hae , limitation of leases to be granted by, -- 1b. , not to dispose of real property,, “ ° e+ — Ib. , annual accounts. to be rendered by, on oath, vie ik wie ib. ——_———, trust of, may be united with guardian, . 35 -__——, liable to be sued for unauthorized acts,.. 37 , of estates under the Court of Wards, se- lection and appointment of, ieee) 4! —_————,, not to be appointed to joint estates, ..« 160 , of lands assigned as: religious: endow- ments, is ‘ie ee 2D , vacancies of, provided for, opens Abs —————, of joint estates, in what cases to be ap- pointed by the Courts, .. ee 180 , or removed, on sufficient cause shewn, ee ib. Minors, male, may have female guardians till Five years old; irae ae es 35 , must be sued jointly with their guardians,. 36 , but may sue the Collector, the guardian, or manager, i oo ab. —_—~—, estates of, acquired -by inheritance, not to be sold for arrears accruing after acces- sion thereto, = ile ge ~ BAD Minority, period of,. extended to the 18th year, .. G1 Mocurrereedars, whom. to be dispossessed, ieee gold , whom, not lable to increased de- mand. of rent, 2 os 21 Money, public, embezzlement of by Officers, of Col- lector, on Li 93 —, use of, by public Officers, prohibited, gS, -——, offence of making use of, how pun- ishable, oe ee | begecs ,» convictions of to be reported to Go- vernment, “is nga Molungees, property,of may be distrained forarrears, 58. « WMNankar,N Nankar, allowances in Cuttack to be deducted from Malikana, —, existing rules regarding, rescinded, Notice of distress for rent to be given, given Collector, a , to be served on claimants to rent-free lands, ————, Ditto on persons defending claims ditto, ———-, of sale of lands for arrears, to be given, ————, In certain cases, without reference to the Board, Sis ————, to be served on tenants in cases of en- hanced demand of rent, er O Oath to be taken by a Collector, “es , to be administered to Aumeens, ... e200 > as Collectors, oe ae ——, Ditto, by Collectors Acting as Magistrates, . ——, Ditto, by Assistant Collectors, ... Obligations, to be executed by managers of estates , Of succession to landed property, to be eee ee0o $e0e Nuzzort property, superintendance of, provided for, » to be taken by Magistrates empowered to act Page. 132 2371 246 306 307 329 169 of disqualified land-holders, ae ee , to be executed by guardians of ditto,... 34 , distinct, to be executed when the trust of managers and guardian united, .... 35 Officers, Native, of a Collector, how appointed or removed, De aus eas 8 » not to be employed. in private trusts, ... ib. , nor extra officially concerned in the Re- venues, aa copcee | We , nor to purchase lands at public sale, ee =: b. , but may purchase by private sale, seo 1D, , embezzling money or papers, .. oo Oe , absconding, how proceeded against, so 94 ————, prohibited using the public money, oe 185 a—--—-—, how punishable, if proved guilty, ane ee a convictions of to be reported to Govern- ment, oes ore. ID: , . Officers, H | INDEX. Se Officers, European, Judicial and Revenue, not to employ their Native Creditors in their establishments. @eses e@eea ————, Ditto, of Government, in what cases not liable to prosecution, ae Js ——————, Native, penalty for taking employment con- trary to the provisions of Regulation VIL. 1823, Orders, special, of Government, when to be applied for by the Revenue Authorities, >. Partition of estates; rules for, Be , paper, to be drawn out by the Collector, ————~, and transmitted to the Board of Re- venue, a> °° Pr mame, 20d furnished to sharers, ee ee , objectionto, by sharers, to be made with- in 15 days, eo oe ———ee==, may be made by the shaters under cer- tain rules, hs os sei , of estates held Khas, or farmed, rule for, , impediments to be provided against, .. Penalty, defaulting land-holders liable to, in addi- d XU Page. a 334 200 189 194 196 198 199 tion to interest in arrear, .. is oe Pensions, receipts for, how to be disposed of by > Collector, 4 as os 9 continuance, or discontinuance, how de- termined, ee i ee 69 , Claims to, to be preferred to Collector, >. _ib. ——————-, proceedings of Collector in claimsto,.. 1b. ——_——~, certificates of, to be granted, ian 70 , to be paid quarterly, and inwhat manner, ib. , claims to, not cognizable by the Courts, 71 , but payment of withheld, may be sued for, at ee = ip. —aaeew, Claims to in the C. and C. P., not exceed- ing Rupees 100 per annum, how in- vestigated, a aa ismebbist ————-—, proceedings of Collector to be transmit- ted for the decision of the Board, ee ib. Pensions, Pend peed fee rE ote ed attet", a Lee rat ee ep o es la a Ole le ete Ee Ot tthe ‘ rr ae * a, Se nN a il ilk a ee ee - ie kt 4 = . . a a Reel le eee - oni - “ n ; oa sc 4 : are heal eld eT iene tt a aiken ate ncaa elt cel ee ee eS ee ee ie. Police Officers, aid to be afforded by, Pensions, proceedings of Collector in the Lower ’ Provinces, not exceeding 50 Rupees, a ; . 7 sor ______., information respecting, to be furnished the Civil Auditor, y om ———_——_, what applications for, to be reported ‘to Government, +s i —____, to be commuted, if practicable, for grants of land, oe ze «s —__—, payment of, in what cases tobe suspend- ed for enquiry, ia oe —————, 2 revised list of, to be prepared, ee annum, how ——————, exceeding Rupees 90 per paid, as “i - ———— ,, not exceeding Rupees 50, how paid, «« ——_—_-, fraudulently received, reward for disco- very of, ee es i. ———,, granted by Government to invalids exempt from attachment, ta Perjury, or subornation of, penalties for, Sica. Petitions may be preferred to the Judge against the orders of Government or its officers, , to be present at distraint of pro- perty, ee ee ee Pottahs, in what cases may vary with the produce, . , rents payable, to be specified in, ————,, may be demanded by Ryots,_.. es ———, penalty for refusing to grant, .. es —_——, limitation of term of, granted by lease- haldere or farmers, ee e9eoe és? , not to be granted by an agent without au- thority, se e« Ss eee, What notification a sufficient tender, .. nnn, lisputesregardingrates of, how determined, , period fixed for delivery of in Cuttack, . —_—__——,, may be granted in any form, —_———., provided the amount of rent be specific, 2 1 > e —————, may be granted by officers making or revising settlements, ee e¢6 @eee Possession of shares divided when eiven, 205 Principals . age Principals responsible for the acts of their agents, 98 Proceedings of Collector in investigating rent-free claims, sus ae ee 255 , Ditto, to be transmitted to the Board, . 241 , Ditto, returnable to the Court, ee 247 —_—_——, Ditto, in what cases to be furnéshed to the Board, aes aan sea , Ditto, in revising the settlements, —. eu Proceeds of estates under attachment, .. se 43 Process to be served on defaulters, ... ec 0 , for arrest and confinement of ditto, -: ib. —___, resistance or evasion of, by defaulting pro- prietors, oe =e a Al ____-, to be observed by the Court of Justice,.. ib. , penalties for resistance or evasion of, =e. 42 , resistance of by farmers, es sae ——~, Ditto by sureties, ee on, 5 tm , of the Court against Collectors, how served, 48 , how served on defaulters in the Cities, .. 50 , of attachment, resistance of how punishable, 82 , summary, for arrears of rent, rulesfor, ... 1100 , on occurrence of an arrear of Revenue, -. 116 —____—, of attachment, resistence of how punish- able, . ae »» 1260 , against under-tenants of attached or Khas lands, a cs. eo §©=«.-«ID —___——, against defaulters in Cuttack, .. oo. 2G , for investigating claims to rent-free tenures, 236 , resistance of, in certain cases, how pun- ishable, ee ap oe , Ditto ditto, further penalties for, ae ae , on claims to rent-free lands preferred to the Collector, ee as a0 ae a ~ , of Collectors, resistance of ee ee 2Om , for recovery of arrears of Revenue, ». 303! : , for giving possession of lands purchased,.. 323° Proclamation, articles of, re-enacted, ae i “3 , to be made of attachment of lands,.- 118 | ——-———,, articles of, in Cuttack, recapitulated, 147)" —-- ———, and confirmed, ee Mog ib. | Proclamation,INDEX. Page. Proclamation issued by the Board of Commission- ers, and Commissioner in Cuttack, confirmed, es os Gao ett _____-_, to be made in cases of extended pow- ers of Collectors, és Vp ese —, Ditto in cases of restricted powers ditto, os os 4 ——_—---, Ditto, in cases of extended powers ditto, vs ys ae Proprietors, disqualified, estates of, not liable to sale for arrears, - a's ___-—__——,, whom disqualified, and excepted from the conclusion of a settlement, = oe _.__.-—, of estates, grounds of disqualification, . __.._-——, not liable to be sued, but with their guardians, oe oe ULL *ofdand,’ not” liable’ ‘to “be confined for arrears, ee 2@eoe6 , exception to the above rule, ______-—-, may grant leases for any period, ne , may be excluded in certain cases of expediency from engaging with Go- vernmengt, wcee Bsns Publication to be made, for Registry of rent-free lands, oi ‘a ee ~, to be made of sale of lands for arrears, —, what sufficient for validity OF ‘salé; ‘eis Purchasers, at public sale, not accountable for pre- vious arrears, ks es of lands at public sale, to execute en- gacements, o eS Collector may require attendance of, at his Cutcherry, os os of land, -at what rates may collect in cases of leases being cancelled, .. at public sale, may appeal to the Board, being an officer of Collector's establish- ment, how to be proceeded against, . in fictitious how proceeded against before obtaining possession, . names, ‘ Purchasers, | 18 27 36 187 316 Purchasers, in fictitious names, if the Be-namee pur- chase be discovered after getting pos- session, £3 i: , of land, at public sale, rights acquired by, explained, re 7, : 8 | Purchase Money, rule in case of failure to make good, , when realized, how disposed of, .. Puitaspoor, and its dependancies, existing leases to be extended from year to year. Puénee tenures declared valid and transferrable, —-——, sundry rules regarding tenures, , Talook, sales of for arrears, how conducted, Putwarries with-holding accounts, how dealt with, , office of, provision for its better adminis- tration, @6@ ee oe —————, t0 be appointed in each village, oe , vacancies how filled up, et \ ____—, or removals effected, os ws =n, dutiesof, specified, a at ——__———, how remunerated, os os may be summoned by the Collector, .. —————, accounts of, may be required & sworn to, how punishable for-neglect or refusal to produce or verify accounts, ve appointment of, in what cases may be suspended, 3 av Regulation XII. 1817, respecting, ex- ) tended to Bengal, be oe ————, Regulations regarding, may be suspend- ed in certain districts by the Board, ee Collector may nominate and appoint in eertain Cases, 20 : 20 neglect of land-holders to furnish state- ment of, how punishable, e¢ ese ———, illegal removal.of, penalties for extended, ., further rule regarding, se Quinguennial register of lands resumed, eeesds _—, of estates paying Revenue to Go- vernment, ee ee ® C9 @ ib. ib. 238 63 85 Quinguenn ial,i i > a A” ele A aeansterrtet a Se ee ee ate e a er _—e ee een ee eee ee te - Fate ie iat — a . . ne ee tor] . sah - . . 7 - ee FN CO ee ame a ne bl ek Sh oie a ie ane er — react o is ie i ile led ele a ee Oe fe et eee a a 4 Th - le ee aie ee en * sas = he ms kos 2 . a INDEX. Page. | Pages Quinqguennial General Register of all Revenue and Registers to be transmitted to the Accountant to Rent-free lands to be prepared by the Board, ee ee e- IS! Collectors, oe ae 126 , of lands in Cuttack, to be kept, .... 148 R , Ditto, of rent-free ditto, oe oe wilhcben Rates, established, collections to be accordingto,.. 40 , of pensions, correction Of, es vo. 186 ——, Ditto, to guide decisions of the Courts, .. 96 , to be kept of all divisions of estatas con- , not to be increased above the fixed standard, ib. firmed, ee oe ‘eo 198 ——, Pergunnah, in what cases purchasers of land Registry of division of estates, fees to be levied on, 104 to collect according to, ne oe ° 496 , of transfers of land, ditto, .. «aul ib. , rule established, where none exist, ees. 1b.| Regulations, Government reserve the power of enact- . Receipts to be granted for all Revenue payments,.. 9 ing, for the protection of Ryots, &c.. 2 , Register of to be kept, “4 ok ib. re , Revenue, extended to Cuttack, cei » for salaries and pensions, how disposed of, _ ib.| Remissions of Revenue, claims to, inadmissable .. I , to be granted for payments of rent, mrtotnseet » Ditto, not to be granted without the , land-holders refusing to grant, maybe sued, ib. sanction of Government, st tionecsteee ,. to be given by Collectors for title deeds, . 23 , Ditto ditto, of balances, se rs ib. Records to be kept complete by Collector, on 9 » Ditto, not to be granted without autho- ,. Revenue, office for keeping, established,.. 6 rity of Government, se oe: cee , keepers of to be appointed, ee «+ ib.| fents to be consolidated into one Assul Jumma, «. 22: fegisters of resumed lands ‘to be kept by Col- ——, to be specified in the Pottah, .. oe 2 lectors, «. ee on acklih » exception to the above rule, .. Stenenaill ty , to be formed every fifth year, Pe anlindla , of absconded Ryots, not demandable from ~_—___——, further rules regarding, .. a dimtelectkih others, ee a8 es 24 (———-—, Copies of to be forwarded to the Board ——-, instalments, of to be adjusted by land- of Revenue, =a ors evinnawalols holders, oe ae os. (1 ——=—-, Of pension certificates to be kept, . 10|———, arrears of, summary process for recovery «+ 110 » Quinquennial, to be formed of estates , realization of, powers vested for in land- paying Revenue to Government, . 85 holders, oo sie we ib. , Ditto, contents of 0 ve ib. » anticipation of prohibited, an i Lis ~————-—-—-, ‘to be paged and signed by the Zillah ——, Ditto, penalty for after proclamation, Ramceseoctectiia Judge, - ig -» 86|——, payable by the heirs of invalids, .. «« 168 -————_——, of intermediate mutations, to be kept, . 87 , to be adjusted by the Collector, fs ib. » duplicate to be forwarded to the Board, 89 | » enhanced, in what cases Ryots subject to, .. 176 oo, Of Maleoozarree and Lakherage lands ——, Ditto, notice of how served, - .. “iladinath adel to be formed, ols at ee 126 » arrears of, how recoverable from resident ———=————-, form and contents of, ee eeiib, Ryots, ee ee nite BOD ———————-, Of intermediate alterations to be kept, aa “ab: » enhancement of, by purchasers at public sale, 329 ————=e-, €iitries in, rules regarding, 4. es 127) Reports to be made by Colleetors of lands held ———~=--=-, State of, to be reported by Collectors to | rent-free, under invalid titles, or at an the Board, eo eo e» 130) inadequate Jumma, i .2 236 Registers “Reports, Pe re tlh seat ieee ei Pn oe ee aReports, periodical, to be furnished by Collectors to the Board, oe wis re Revenue, surplus, from estates of disqualified pro- prietors, ee ee oe T 4+ € GE LO, es se , of resumed lands, ri ————,, payments of four joint estates, how cre- dited, ee ee Be Rights of Sudder a and under tenants, provision for adjustment of, o. ee g Sales of land, in satisfaction of decrees, Lee ——., to be publicly notified, os eo —__-, conditions of to be specified, és ee ——, may be countermanded or postponed by the Courts, 7 o Y _—_—, of distrained property, rules for, he. atl _.—, of lands to be’superintended by the Board, . ——, to be proportioned to the amount to be re- covered, ve i _——, further rules regarding division“of lots, eo ___. of lands for arrears, when to take place, .. ——, 6f estates, on what grounds not to be cancel- led by the Courts o of Justice, se ae ——, Ditto ditto, ra é. a __., of Putnee-Talooks, proceeds of how dispos- ed of, Se @@ ee ve —_—, of defendant Talooks for arrears of rent, how m ade, ee ee ee ee _.—., of Jands for arrears of Re a rules for, .. DP : c -—, former Regulation for, modified or rescinded, further restrictions in, may be imposed by P) Governor General in Council, .. bs _——, not to be annulled by Court of Judicature ; except on erounds specified, — +s ae -——, rules for and conditions of validity, alsa *__, of lands may be postponed by the Col- > lector, Me iy se ’ __., rules for condueting, at ee ——-, Collector may refuse to conclude with bidders, ée we . ee | Sales, when to be reported to the Board for con- firmation, oe ee O° Sain ——, validity of, may be contested, e. a |} ——-, case of exception to the above rule, ns rie ee | ——, of reversed, by a decree of Court, sale res- pec ting ™ 6? es ee ee , may be made conditionally in regard to-lea Salt Agents, notice of distraint to be sent to, _ —— Ditto ditto, @@ ee ee , manufacture, lands required for, how - obtained, “ ee ee Sayer assessment to be fixed exclusive ot; — ___—, duties, rules for resumption of ee ie —_——., Ditto penalties for exacting, +. ve ___—, compensation to be adjudged: by Revenue Officers, si He aie ____—, Ditto, claims to, not cognizable by the +t Courts a i ss |__._., nor to be received after a certain date, «+ — of Office, to be used by Collectors, sigh it ecurity, not required from land proprietors, a ___, but to be taken from farmers, ae | _____, to be given by managers. of estates of dis- qualified land-holders, “i ais |_____.. to be given by guardians, .. _ ______, not to be required from Collector in suits, . ____-, to be taken by. Collector from their officers, "er ase ee en in what cases to be-required from Lakbe- in perpetuity in Cuttack, what estates entitled to, ew bi i. 08 —s , in Cuttack, period of extended, vee~209 , Ditto ditto, Lia Ts gained ,in C.and C. P. and in Cuttack, princi- ples of declared, and duties of Collec- « tors in revising, ve pe Gal ——— in ditto ditto, period of extended five years, vee “i set natth2 ->may be made of estates formed for twelve years, wis ast abs ee, FEVISION Of provided for, and rules re- garding, See ab ow 216 a , Mofussil, in what cases to be made, ... 282 Sharers of estates, under division, may stay sale for arrears, oe ent ee. Lee Special Orders, applicable to Bengal, Behar, and Orissa, in se ieee : Statements, Statements, annual, of lands held by Europeans to be furnished by Collectors, oe when to be submitted A , of lands for sale, by the Collector, ve oe ee ————, of ditto ditto, a0 s. auo ——--——, particulars to be specified in, eae a et Suits, instituted against a Collector under Regu- lation X. oe vi oe 3d ___., Ditto how defended, oan wer ete __—, unfinished, to be carried on by Collector, .. 49 ——, conduct of, may be superintended by the Board, be de oe ib. ——, may be instituted for illegal distress, Gia ee _—, Revenue, entitled to priority of hearing and decision, es a 46 ib. ——-, for rent-free lands to be defended by Col- lector, ee oe és 62 -_—, Revenue Courts to allot a day for trial of, .. 95 —, summary, for arrears of rent, oe oc EES ——, may be instituted by defaulters confined, .. I114 ———, under Regulation V. 1812, to be tried sum- marily, a is ee 179 ——., and to be referred to Collector for report, «. — ib. ——, decided by Collector, reports of to be fur- nished, es ath - Ib. ——, limitation of period in case of resumed lands, 243 ——, what, to be tried by the Judge, eo 244 ——, for rent-free lands, or rents of, to be referred to the Collector, .. a ee 2a0 ——, or may be preferred direct to the Collector, . ib. ——, summary, the Collector may be empowered to try, ee oe pe el Sureties, of farmers, resistance of, process by, ee 43 ————, Ditto, lands of may be attached and sold,” 44 ———-, responsibility of, not affected by distraint and sale of personal property for rent, . 53 @ ———, of public officers absconding, how to be proceeded against, si ci 94 —————, of farmers, to be arrested on the occur- rence of an arrear, ee thoee ~ 116 Sureties,‘ Page. Swreties, of farmers, property to be sold for arrears, 119 -, of ditto, lands of may be attached, 4 ib. Suspensions, of revenue, claims to not allowed, «e ] —, temporary, may be granted by the Board, 4 te |e 12 ———_—_———,mot to extend beyond the current year, es < —.. te —————-—, to be reported to the Governor Gene- Takan HeQUuGH esc je . ion ib. ——— , of current Kists may be granted by the Board, bis tented) T Talookdars, what considered actual proprietors, .. 15 -, whom, considered lease-holders, vei 86 ~, dependent, rules for preventing undue exactions from, ay cee! ~ -, Putnee, may under-let their Talooks,.. 251 Talooks, Jungle-borry, rules regarding separation of, 16 y , separation how made by Collectors, eae TOs , separated, to pay Revenue direct to the Col- lector, eo °e@ 66 17 , independent, fixing a period for the sepa- tation of, oP aa Co ae , Putnee, declared valid and transferrable... 251 , Ditto, sale of for arrears of rent, vaia Ib. , sundry rules regarding sale of .- ve «203 , sales of, how stayed by under- Talookars,.. 299 , Purchasers, how to obtain possession, -. 206 , dependant, how brought to sale for arrears } of rent, = oe ve 20! Tehseeldars, to register receipts granted for pay- ment of Revenue, ae i. 9 —., to be persons of character and responsi- | bility, ee 4 96: a tee ____——, expense of to be defrayed by Govern- z ment, wig oo os ib. n=, Tes applicable to, = se 81 » » _______--—, how to demand payment Obatrears, . U2 _ + eves Erapowered: to; sell distrained property, 108 ae , may arrest defaulting farmers, wee Ee Tehseeldars, INDEX. 1XX Page. Tehseeldars, prohibited from using thepublic money, 185 Tenants, whom considered defaulters,. .. ea Oe . , Ditto ditto, - ae -» 106 ———-, of lands attached, or held Khas, how to be proceeded against by the Collector,e. 121 , what demands liable to when lands sold for arrears, « be a ee Tenures, under, what liable to be annulled by pur- chasers, ia +> tet O26 Transfers, of estates, by sale or gift permitted, .. 3 , but not to affect the prior claim of Go- vernment, ae Ae ve aa Treasurers, native, how nominated and appointed, .. 7 , security to be given by, ee ee ibs —————., to be jointly responsible with the Col- lector, de oe a 1D. , not to make any payment without writ- ten authority, + Hs she ib. , prohibited making use of public money, 185 Tuecavee, not tobe advanced without ordersof Board, 9 , Board of Revenue may authorize the issue of, we ee aes 13 , sums advanced as, how recoverable, eo 49 Towjee, of Cuttack, report of Collector to accom- pany, oe oe «ag: aoe Vv Vakeels, to be appointed by Collector to defend suits, ee ee ooo A6 —_——, and to carry on appeals, oe ib , instructions to, how to be transmitted, .. 43 , to be appointed to defend certain suits : against the Collector, ey ee WwW Wards, Court of, rules for the establishment and guidance of, ee on’. See —_——, jurisdiction of, we os cid ib __—_—, females may be exempted from the juris- diction, es - ne ib. |, to fix establishment of officers under ma- nagers, ve oe gs 30 Wards, aT rs oe ee ee ye a . ee Ct Pe = rh m4 ae te ei es be ? : : ~ oe ¥ . ‘ ete f , f : . 7 ou Fae | CHayE ks “ 5 PS reer ter : S - ee ee re ee Sad Page tN me Be AY Page em ci " eo ope i 340 at eT ee ee dg = fang Arkon pt ree - ~ tet pk CLs T ta fa Pe ee fet 4 A Se Pa ee a ek : . i - rm nem ee yt ee ot op tits Sndgstle ee 2 0” de 5 kee: aes > “ity Fase Us Pe dee ee ~~ ao Cet ss ee a oe oY ‘S oe oe oat aed = ; 4 _ eet a ae Ps S F eee Pieler ioeae par 4 ig ern ST ab! dearer —_ —_ - Bare re ae aie etary Pm Se dh bee = 2 ~ agg Tete ee te a Bit he eee lad meetin Se ae a ral oh iene i a aie a ta eh el eel Fen et eee ae ee ead aaah aN laa eee en eter years” on 4 Wards, a ee 4 , ———— reports may authorize co J 7 ° , May Orcael mpensation to ouardians, enquiry into charges against ouardians or managers, se ‘. and certify their judgment to the Dewan- ny Court, oa ea es required by to be made by Co!- lectors, ie sd ie —_—_, how_to provide for the management of small estates, ee e ———, may invest females with the charge of then estates, ee ea ve ——————. 5 Leanna & 7 rR ee qe terrence ? a ene ene eR ; managers of estates under, how discretionary power of, with regard to ac- COul its, ee ee ee Yr mav intrust different small estates to one manager, ze ee eo jurisdiction of explained, ee ee rule applying to estates under, * ‘ce -. selected and appointed, oe “= Central Board, constituted a Court of, e. t of, may farm estates for ten years, «« TI7. Yh { ards, or pire other plan of management, oe * may refrain from interference, Ore 8 / estates not liable to sale for arrears arising ——e / while under charge of, ee oe Waste Lands, leases for may be granted, shee :; WT y tre SKY aaa ee, require ed for Salt \Vianuractuse,. how obtained, ‘i ° eas Weavers, distraint and sale of property, liable to, + Witnesses, may be summoned and examined on oath by the Collector, ee ee in what enquiries may be summoned by the Collector, oe ga ts , or by arbitrators to value property, .. Works, public, control of in whom vested, es _____, repairs of how provided for, .. ———, ground, or imm avable e property required tor, how obtaine d, 2° e209 Zenanah, apartments, not to be entered for dis- traint of property, ae ee ——_-——-, except under certain pre ecautions, eo ib 304 279 344 107B » LAND REVENU £. VOL. Il. "Tus volume contains an Abstract of the Regulations of Government, which relate to the assessment and realization of the land revenue, the rents of individuals, and the rights and privileges of all classes of the agricultural community in the provinces of Bengal, Behar, and Orissa, including the district of Cuttack, commencing from the year 1793, and ending with the year 1824. Those Regulations also are included, the operation of which is de- clared to extend throughout the provinces, dependent on the presidency of Fort William. But such enactments as have reference exclusively to the province of Benares, or to the ceded or conquered territories, are not inserted. The parts of sections which are in italics,. indicate the matter to which the marginal note refers ; otherwise the note applies to the whole section. The letters D or F subjoined to any marginal reference, de- notes the volume (Dewanny or Fouzdarry) in which the Regulation re- ferred to is contained. Regulations, or entire sections of Regula- tions, which have been rescinded or superseded, are omitted. The Regulations passed for raising a public revenue by the ma- nufacture and sale of salt, opium, and spirits ; the duties payable on stampt paper, and the government customs and town duties; as well as the Regulations enacted in the commercial department for the provi- sion of the Company's investment, are contained in a separate and fourth ‘volume. B =" ix r= tS :e 4 = m a Pus a ' “00 =, oo A ae es os A oe >. a on a ¢ , a. Nene ie era ak erate Tak Pete hd Det See a tie Seine hase mame sltaon na alias we aRel eth dee leet Te tee e ee os F i ; 4 er h 3 iy ee i io 1 ae a ; 3 4 i t é Fe z eo F ; t } } ; . a ie pi Ps cen ae ee t ‘ 4 ie & Hi ea a i obCONTENTS OF VOL. UT. oe es Regulations marked * have been Rescinded ; or being only of temporary operation, have been omitted in the Abstract. TSS 1793 | I. For enacting into a Regulation, articles of proclamation. be Il. For abolishing the courts of Maal Adaulut, and transferring the trial of suits cognizable in those courts, to the Dewanny Adaulut ; and prescribing rules for the conduct of the board of revenue and collectors. Y VIII. Re-enacting the rules for the decennial settlement of the revenue assessed in lands, in the provinces of Bengal, Behar, and Orissa. | i : NX. Re-enacting the rules for the establishment and guidance of the’ court of wards, relative to disqualified land-holders and their estates. e XL For removing certain restrictions in the operation of the Hindoo and Mahomedan law, with regard to the inheri- tance of landed property. fs XIV. For the recovery of arrears of public revenue due from land- holders or farmers of land. » | XVIL_ |Re-enacting the reculations passed for empowering land- holders and farmers of land to distrain and sell the per- sonal property of under-farmers, or tenants, or their sure- | ties, for arrears of rent; and for preventing land-holders or farmers of land from confining, or inflicting corporal | punishment upon their under-tenants to inforce payment of rent. i Forie sa anal « a thead on ne en eae Pr ee a a NN ea Seta el aN . as oe ) ks 3 St a ee le iE eed ot ee ee Lei ~~ - ton a 7 . P 3 : a a . a eiiatg Pidei ieee ate ie satel atlantida ee > Ptah: det eee RCs 2 aS < A Sone — 39 29 93 33 33 33 59 33 MALY. XXXVILF. XXXVI. XLIV. | CONTENTS. For trying the validity of the titles of persons holding, or aright to hold lands exempted from the payment under grants not Badshahee, adjudged claiming of revenue to government; and for fixing the amount of assessment in lands liable to the payment of revenue. a For establishing in each Fillah an office for keeping the re- anguages, which relate to the public cords in the native | for the conduct of the re- revenue, and prescribing rules cord-keepers. For determining the continuance or discontinuanc sions, heretofore paid by proprietors and farmers of land, but included in the Jumma at the decennial settlement— and also the pensions paid from the Sayer abolished. Rescinded by Regulation XEN, Lol. For extending the term of minority of Mahomedan and Hin- doo proprietors of land to the 18th year. For the resumption and abolition of the Sayer duties, and for adjusting and paying the compensations to be granted in e of pen- lieu thereof. For repairing the public embankments, and for encouraging the digging of tanks, water-courses, and reservoirs, and constructing embankments. For trying the validity of claims to hold lands rent-free under Badshahee, or royal grants, and for fixing the amount of public revenue on lands adjudged liable to as- sessment, or the grants of which may expire. Prohibiting covenanted civil servants of the Company from | lending money to native land-holders or others; and re-« enacting the rules for prohibiting Europeans holding lands. - Limiting the grant of leases to the period of ten years, and for declaring null and void (with exceptions,) subsisting | engagements OL epDrRed Lia a PEE ia CORRELL E to hea Caer Hr Tot Ci ma bts ia p Lider tlie Beaver crest eae39 33 35 1794 59 33 33 XLV. XLIVIL L. ITI. LV. XXXV. *LVI. LVL CONTENTS. v engagements between defaulting proprietors of lands, sold for arrears of revenue, and under-tenants, on account of lands so sold. For the sale of lands, pursuant to decrees of the courts of justice. For forming a quinquennial register of estates or lands pay- ing revenue to government in Bengal, Behar, and Orissa. Empowering the court of wards to exempt female proprie- tors of estates from the operation of Regulation X, 1793. ‘For exempting proprietors of land (with exceptions,) for be- ing confined for arrears of public revenue, for presenting the process by which Tehsuldars are to demand payment of arrears. For enabling collectors to recover from native officers, public money or papers they may embezzle or retain, and for expediting the trial of causes relating to the public revenue or rents of individuals. For providing for cases in which Ryots may omit or refuse to take out Pottahs, as prescribed by Regulation VIII, 1793;- and for determining any disputes between landlord and tenant regarding the rates of Pottahs. For better enabling individuals to recover arrears of rent due to them. Superseded by Regulation II, 1804. For granting to collectors a commission on the Jumma of land resumed; and for requiring the courts to transmit to the collector and board of revenue copies of certain decrees in suits respecting the right to land exempt from the payment of revenue, and for defining what decrees re- garding Malgoozaree land, the Zillah and city courts are to furnish the board of revenue, under section 9, Regulation IV, 1793, and section 4, Regulation VIII, 1795. c ForPe ere re es a Se gaia eo ee ae lh i el nate tah Die ih nee mei ce eh ke ae vot a ome eee ta hae OT To cad mentite in nc ott ieee aie ink anna endian nde an aia einai Si eased Meee ae bs Li Lie } eal F re , 2 yi oe 1796 | a4 $3 L197 1799 1800 55 II. V £ VIL. XII. XV. VII. VIII. CONTENTS. 'For excluding from the jurisdiction of the court of wards cer- tain descriptions of landed estates o f disqualified proprietors, oe and for declaring the rules in sec. 5, Regulatior iXLi , 1983 to extend to cancelling wholly the leases of under-farmers, a part only of the lands included on whose coe may be sold for arrears of revenue. s « e ‘. 5 e a ~ ] s 7 es For explaining certain parts of the existing reguiations rela tive to the public sales of land in Bengal, Behar, and Orissa. For repealing such parts of Regulations VIII. and X, 1793, as exclude proprietors of land from the management of their estates on grounds of contumacy or profligacy of character, For encreasing the deposit on the purchase of lands at public sale, from 5 to 15 per cent. For levying certain fees to defray the expense of the offices for keeping the records in the native languages which re- late to the public revenue. Established under Regulations XXI, 1793, and XXX, 1795. For enabling proprietors and farmers of land to realize their rents with greater punctuality—for providing against unnecessary delay in the payment of the public revenue assessed upon lands, and for securing the ultimate reco- very of arrears of revenue, by a sale of landed property from which it may be due at the close of the year. For the appointment of guardians to the persons of minor orphan Zemindars and others, proprietors of shares in joint undivided estates, not subject to the jurisdiction of the court of wards, when the parents shall not have left any guardian to their children by will. ie preparing a general a register of lands, ae for certain alterations in the pyescribed registers of estates paying1800 1801 1804 1805 39 1806 23 1807 1808 1810 XI. XVII. VI. X XI. aL, XI. *IV. CONTENTS. Vil paying revenue; and lands held exempt from the payment of rewenuey: > For preventing the division of landed estates in the jungle Mehals of the Zillah of Midnapore and other districts. To explain and amend part of the rules for the collection of the public revenue contained in Regulations VII, 1799, and V, 1800. nue, and to limit the division of property by such sales. To explain and amend the rules contained in Regulation XXV, To expedite the sale of lands for arrears of reve- 1793, for the division of joint estates and allotment of the fixed assessment therein, and to fix a period for the. opera- tion of such parts of Regulation VIII, 1793, as authorize the separation of certain Talooks from the Zemindaries to which they were attached at the time of the decennial set- tlement. For the better management of the invalid Jagheer establish- ments, and of the invalid pension establishment. For the settlement and collection of the public revenue in ’ the Zillah of Cuttack, including the Pergunnah of Puttas- 'poor, Kunnardechau, and Bograee, at present included in the Zillah of Midnapoor. For modifying the rules contained in Bexilatnn Viti; 199s, respecting the management of joint undivided estates. For the more effectual repair of embankments. ; For modifying the-rules hitherto observed in the admission and payment of claims to pensions. Rescinded by Regulation V, 1810, and Regulation XIX, 1814. Superseded by Regulation IV, 1810. For the adjustment of the rent, payable by the heirs of in- valid Jugheerdars. For abolishing the office of commissioner in Cuttack. Rescinded te a 28 = a 2 w ray i r ye et Be Rete 2 Pee ’ : Been eta TT Si aided Aoe tet —— m Pa ee ee ae ee aie ‘Ss “ c oo aeat* es: Se : ea re ’ ee * ial ee ee ed - yet E Pave ccs - — Rs be sa 3 tty: aa ek le Seerreernen tnt taal i i Iam cm i a ha a re i. = 3 m Per D -) " , . " . c <. = ; 4 re ah eee eae 3 pe : ei 5 s 2 res r par gigs ns 7 TEE eek EL, a ee p ; 4 4 : P i Oy Fp NAF om 3 ek pee eS * as Pg ELE By ae a 18]] bP b 1812 33 35 18t8 bb 39 aK _ 4 1 VI. *XI. XIII. IT. IV. CONTENTS. Rescinded by Regulation XIX, 1814. For the due appropriation of the rents and produce of lands eranted for the support of Mosques, Hindoo temples, colleges, and other purposes—For the maintenance and Khutras, and other «public and disposal of Nuzzool repair of bridges, Serais, buildings; and for the custody property or escheats. For rescinding such parts of Reoulation XXVH, 1793, as declare the holders of Lackherage and Mulguzaree lands entitled to compensation on account of the abolition of the Sayer. Re-enacted by Regulation XIX, 1814. For the more convenient and efficient discharge of the duties of the board of revenue. For amending some of the rules at present in force, for the collection of the land revenue. For modifying the rules before enacted regarding the settle- ment of the conquered provinces, of the ceded territory, and of the district of Cuttack. For explaining section 2, Regulation V, 1812, and rescind- ing sections 3 and 4, Regulation XLIV, 1793, and sec- tions 3 and 4, Regulation L, 1795, and enacting other rules in lieu thereof. For modifying the rules established respecting the settle- ment of Cuttack, the Pergunnah of Puttaspore, and its dependencies. For preventing native officers from making use of publi¢ money entrusted to their care. For establishing a toll on boats passing through the Issamut- ty, Nistiian gs and Choornee rivers, rescinded by Regu- lation VIII, 1824. Resoiaiies(1818 39 33 1814 93 23 be] 35 1815 1816 93 9, ¥ Ve XI XV, » » XIL. * XVHL XIX. XXI. XXIX. ITT. my Il. Vi VI. CONTENTS. Rescinded by Regulation II. 1819. For modifying the rules in force, respecting the payment of pensions, and for preventing the abuses committed in the receipt of pensions. For the- general abolition of the office of dewan to the collectors. For securing to the invalid native officers, soldiers and others, the reduced pay or pension granted to them for their support on retiring from service. Rescinded by Regulation XI. 1822. For reducing into one regulation with alterations and addi- tions, certain regulations respecting the partition of estates paying Revenue to Government. For preventing the Zillah, and city Judges and Collectors of the public revenue from employing their native creditors on their respective establishments. For the settlement of certain Mehals in the district of Beer- bhoom, usually denominated the ghautwattee Mehals. For continuing the existing settlement in Cuttack, the Per- gunnah of Puttaspoor, and its dependencies, until the ex- piration of the year 1223 Umlee. Rescinded by Regulation II, 1822. For re-establishing the office of Canoongoe in that portion of the province of Behar, which forms the districts of Sha- habad, Tirhoot, Sarun, and Behar. For establishing the office of Canoongoe, in the district of Cuttack, the Pergunnah of Puttaspoor, and the several Per- gunnahs dependant on it. 3 _| For extending for a further period of three years, the existing settlement of Cuttack, the Pergunnah of Puttaspoor and its dependencies, i in all cases, in which the settlement may D have atic te te ial.mer eabe pe id tere Min: i ea oe Se oa om gate ertterecaere wine a Re te “eat “Sane sin Sete rh ieee eves re ae eee eae ee ee ee ee a ate laa atl aii aia io" r Pree aie! ee ee . ee EE Me etre peer abe pe awe Ris carer ee Lee ee LETe PRT ee oe 1816 33 1817 33 33 98 33 1818 33 Px ¥ I. IT. © Oe: XII. AIT. * XXIII. XXIV. CONTENTS. | ‘have been concluded with Zemindars, or actual proprietors of land. For the appointment of a Commissioner of Revenue in the Sunderbunds. Rescinded by Regulation ITI, 1822. , For establishing the office of Canoongoe, in those portions of the district of Ramgurh, Bhauglepoor and Purneah, which are comprized in the province of ‘Behar. Rescinded by Regulation IJ, 1819. For securing the better administration of the office of Put- warry in the C. C. provinces—the province of Behar and Benares; the district of Cuttack, and the Pergunnah of Puttaspore and its dependencies. For establishing the office of Canoongoe in the district of Midnapoor, and in the Mehals subject to the authority of the Collector of Hidgellee; and for extending to the said district and Mehals the operation of Regulation XII, 1817. Rescinded by Regulation II. 1819. For modifying the constitution of the commission established in the provinces of Behar, and Benares, and in the districts of Ramgurh, Bhauglepore, and Purneah ; for extending the authority of the said commission to the districts of Dinage- pore and Rungpore ; and for better defining the powers to be exercised in certain cases by a single member of the Board of Revenue, or Commissioner vested with the authority of that board. . For establishing the office of Canoongoue in the districts of the 24 Purgunnahs, Nuddea, Jessore, Dacca, Jelalpore, and Back- ercunge; and for extending to the said districts the opera- tion of Regulation XII, 1817. For the appointment of a Commissioner to be vested with } ; @ special Poe Ae ee a]1818 23 5$ 1819 ar 39 1820 XIII, Il. VITIL CONTENTS. - special powers in the administration of civil affairs in Zillah Cuttack. ; For ensuring the more punctual and regular collection of the public Revenues, from proprietors and farmers of land in the district. of Cuttack, the Pergunnah of Puttaspoor, and the several Pergunnahs dependant on it. For extending for the further period of three years the existing settlement in Cuttack, the Pergunnah of Puttaspore and its dependencies—in all ¢ases in which the settlement may have been concluded with Zemindars, or actual proprietors of Jand. For replacing the districts. of Dinagepore and Rungpore, under the management of the Boardof Revenue. For extending the authority of the Board of Commissioners in Behar and Benares to the district of Goruckpore; for re- establishing Canoongoes, and reforming the office of Put- warry throughout the province of Bengal, and for explaining and modifying certain parts of Regulation XII, 1817. For modifying the provisions contained in the existing regu- lations, regarding the resumption of the reyenue of lands, held free of assessment under illegal or invalid tenures, and for defining the right of government to the revenue of lands ‘not included within the limits of estates, for which a settle- ment has been made. To declare the validity of certain tenures; and to define the relative rights of Zemindars and Putnee Talookdars ; also to establish a process for the sale of such Talooks, in_satis- faction of the Zemindar’s demand of rent; and to explain and modify other parts of the system established for the collection of rents, generally throughout Bengal. For providing thatallsalesof certain Talooks, made nee 7ee ee ° es 9) 33 i ta ae a en laa aaa ee a teat re tine ate hh ine ir cai kk Ma cas eis ee nme aa eae ea a TT, ook ek amelie eli neat tata daca inital i a eatin ll i in a bi S ~- - - _ . ‘ - - - “« . . . r he a. a ~~“. oe tes oO ow IV. III. VI. VIL XI. CONTENTS. by sale for arrears of the Zemindars Rent, shall be con- ducted in the mode prescribed by Regulation VIII. 1819. For empowering a Collector of Land Revenue, to exercise in certain cases, the powers of Magistrate or joint Magistrate ; and for authorizing in certain cases the latter oilicers to exercise Revenue functions. For modifying the constitution and altering the jurisdiction of the several Boards vested with the superintendance of the land revenues in:the territories dependant on Fort William. To establish a Court of Wards for Benares ; and to define and explain certain of the rules regarding the powers and juris- diction of the several Courts of Wards. For declaring the principles according to which the settle- ment of the Land Revenues in the ceded and conquered provinces, including Cuttack, Puttaspore, and its depen- dancies, is to be hereafter made; and the powers and du- ties belonging to Collectors or other officers employed in making, revising, or superintending the settlements. For continuing with certain exceptions the existing leases with- in the said provinces for the further term of five years. For defining, settling, and recording the rights and obligations of various classes of persons possessing an interest in the land, or in the rent or produce thereof; and for vesting the re- venue authorities with judicial cognizance in certain cases of suits and claims relating to lands or the rent and produce of land. For modifying and explaining the existing Regulations rela- tive to the sale of land for recovery of arrears of revenue; for declaring government not to be liable for any errors or irregularities in the proceedings of the courts of justice; ~ and1822 | L823 1824, | 33 95 35 VI. VIII. XT. XIV. CONTENTS. XU and for making further provision for the conduct of the revenue officers in certain cases. | Prohibiting loans by covenanted civil servants from persons subject to their official authority and influence. For enabling the officers of Government to obtain at a fair va- luation land or other immovable property required for roads, canals, or other public purposes, and for declaring the manner in which the claims of Zemindars, and the off- cers in the salt department are to be adjusted in certain districts where lands are required for the purposes of salt manufacture. | For rescinding Regulation IV, 1813, and for determining the rates of tolls to be levied on boats, rafts, timbers, and the like passing through the Bhugaruttee, Jellinghy, Issamut- tee, Matabanga, and Choornee rivers ; and for providing for the better collection of the toll, and for the secure navi- ’ gation of the aforesaid and other navigable rivers. For revising the penalty formerly imposed on wilful revenue defaulters. For modifying the rules in force for referring to the collector's summary suits in cases of arrear of exaction of rent. >» SS . pte z 1 r <= , ye See ee TR ESET ECC pape acRe ne POR yae VEIT A ETI1 D tanta , P| = A 13 il . a s > he = a : : : = = F a a ee ee [ 4 ; eet ee i Fe ee ee ae a4 & be: b- b: i By Fe ' k ; ) Been Bia fe a r Sj | 5 = be 1 iS i } fe ; ; F ei i f z | aeXV Thé following Sections of Regulations entered in the Fouzdarry Volume, have reference to the Revenue Department. Collectors to attach lands of persons resisting criminal process, Summary process of arrest authorized by Regulation VII. 1799, for recovery of rents, modified in its application, ... — «.. Collectors of Cuttack and Midnapore to form registers. of Packaun lands, —..e cA, wae Oe oa oF ual Collectors required to provide the necessary supplies for ese e6e@e0e @e@e@ e@e0 eee troops, eee ‘ea ae -Tehseeldars and Kazanchees prohibited from using public money entrusted to their charge, and the offence how punisha- ble on conviction, Boards of Revenue and Commissioners to submit special re- ports to Government of such convictions, Process by police officers on resistance of distraint for rent,... Adjustment of accounts of collections from lands attached by special orders of Government, ee0e eee eee e068 e266 Sec.| Regulation. | Years. A udter tP96 OW ak, ESOL - 10| XTIL {1805 3} XI. {1806 vo 4 OER 1813 Ato gph 99 Q0).. KXecr1el¥ 11} IIL j|1818 ay WI, oei9 Collectors to refrain from interference with the public ferries, es tt te i oete toe DR tie ~~ Sn arial ie oe io Pwr - ad Ps ateteiieinetiet ee.) 1, ikea oN meet Oger Se ee ol o. «mee te rte aion ain sn aiieesatis ete adli beet alld iin aetna Meat Site la eee a I Na ee a re ee pe oe a 3: sae eee eee ee te at a7 7 “oe 5 r - BEE. bie q a g Ta es a =~ by a ' of revenue, or recovery of money or accounts, period for limited, XVI ° Roce iy WV 7 Tox pap The following Sections of Regulations entered in the Dewanny Volume, have referrence to the Revenue Depariment. Collectors of revenue amenable to the Courts of Justice, ... udge may refer rent and revenue accounts to collectors for report, son otmetas ~S1ekh ae nbs ite oe0 eee What suits not referable to collectors, gas 3 ni Lands sold for arrears, while under contested claims in the Courts of Justice, rule respecting, es ts aa ees In what cases lands litigated to be attached by collectors, ... Court of Wards, powers and jurisdiction of, not to be affected by Regulation V. 1799, ... cdi au eo@ @€o0o0 8e@ Native revenue officers, appointment, removal of, tls Oath; form of, to be taken by collectors and before whom, ... Arrest of defaulters, or institution of summary suits for arrears and Section XV. Regulation VII. 1799, modified, 69 be Appointment and removal of native revenue officers, rules fegarding modified, e@e0e Ce) eee eeo eae @ce Fread native revenue officers and. record keeper how ap- pointed, ... eA Collectors may administer oaths to withesses in investigations into the conduct of native officers, @e0 @ae0@ eee @e0e And may confine in the Zillah jail witnesses refusing to make oath, aie eee eee e@o@ eee @ee@ Charges preferred against European revenue officers, enquiry into, eee e@e0 @e@e6 8e@e0 826 6 Security to be given by prosecutors, ae oe i Preliminary inquiry to be made, se sa @e0 Complaints preferred to the Courts against Kuropean revenue officers, for acts done in their official capacity, to be transmitted to the Board, and the latter authority how to proceed, ... 88e@ Sec. Regulation. | Years. o Il. 1793 13° VII {L794 20 | 99 93 4, V. 1798 6 2? 39 g] V. 1799 ew, 1804 a3 79 33 Ai TI. 1805 >» | VILE. j1809 Dae i 653. i 3} XVIT. |1819 4 33 a9 5 $3 $9 3 II. [1814 Collectors. Collectors not to employ native creditors, or their relations, or dependants on their establishments, 286 e008 eee Munsiffs to sell distrained property, sl = a Proprietors of estates, being in the military service of Govern- ment, duty of collector on notice thereof, és oe ‘i: Arrears from, how recovered, sak bed Collectors authorized to grant bills on any other treasury, as a remittance by native officers, or soldiers, _... ve Sy Collectors to bring forward any claim of right of Government, to hidden treasure, or treasure trove, sae bo eat Oaths of officeby native officers, not required, but solemn de- claration substituted, ae aa Pa sa via Suits referable to the collector by the judge for iieaeeedt aadreport, ... eee ose ave re Te Arrest of defaulters, Oe ic vis La -{ Regulation. None but public officers to be employed in matters relating to a col- lector’s public duty; nor any public officer to be employed in any ee eee private trust relating to the personal concerns of the collector. In the event of the death, removal, or absence of the collector, the senior assistant on the spot to pérform the duties of his office. Collectors and their native officers prohibited being concerned ex- tra officially in the revenues in any capacity, or from purchasing directly or indirectly any lands at public sale in the Zillah. Above rule not to preclude native officers or private servants of a Collectors not to give lands in jarm to Europeans, or to accept their security for any farmer, dependant, Talookdar, or Ryot. Collectors and their assistants, or Dewan, prohibited from trading. his prohibition, with regard to the two former, to extend to the pur- chase of goods for remitting money to Europe. Superseded.1793 Rules for the guidance of Collectors. SECTIONS 2 19th, 20th. 2ist. 32d. 23d. 24th. 96th. es Reeuration II. 2 Superseded by Section 2d, Regulation XV, 1813. Collectors to keep complete, and preserve with care, their pub- lic records. Rules for rendering the several collectorships compact. Sepahies not to be employed in the collection of the Revenues. Collectors not to advance money on account of revenue, with- out the sanction of the Board. Nor to exercise any authority beyond the limits of their res- pective Zillahs, without general or special orders, or authority of a Regulation. Collectors to give receipts for all payments of revenue—receipts to be numbered and registered—similar register of receipts to be kept by all Tehseeldars, Uzawuls, and other officers entrusted with the collection of the public revenue, and copies to be transmitted to the collector. Monthly receipts for salaries, pensions, or allowances, to be de- posited with the records, and registered; and a copy of the re- gister.to be transmitted annually to the Board. Collectors | Spel aoAe aaa eed gIuaa a ecRe rhe ween oR Ee OL ge oy hs = eee ee a re et Ee a one~ om TET ET ae 4 : oT ciate a ace —- heme ne ee ond ee , RT at Seth eae Gh en te a be Sea te te eee a ae eto Ca a a a a al ais i aia oF a

= = Q S 33d RS ° > Ps & $ =) RQ ® nS =~ Sy tH we 3 Ss as Ss 34th and 35th. = 36th. D 3 ©S ay 37th. (14h) Recuiarion II. Deputations ordered by the Board to be immediately reported to Government, with the grounds on which they may have been ordered; and a time to be fixed, if practicable, for the performance of the duty; beyond which, without satisfactory cause of delay shewn, no deputation allowance to be granted. Board of Revenue may require the attendance of any land- holder, farmer, &c. or native employed under a Collector, for the ad- justment or enquiry into any matter within their cognizance—such persons to be summoned through the collector by order of the Board—contents of the summons—persons neglecting to attend, liable to a daily fine, to be levied by the process prescribed for re- covery of arrears of revenue. But the Board not to require perso- nal attendance unless indispensably necessary. Rescinded by Regulation III, 1822. forming the settlement of khas lands subject to any instructions from the Governor General in Council. Security for the payment of the revenue not to be demanded from proprietors, but-to be required in all cases from farmers. No Board empowered to issue orders to their subordinate officers for . et - . =. ter s % ay RP tyr a eel emt ert Dry fee ersrs mene vo ft oer ses aed en ee eee ™ re = gaewrite . Ce ee Ce ee ee ee ere eee S — : a as be oh eh ee a a PAE fe ONE aT sana emetic ae it cal ata tl nae aati ee ee See a ae te P mz F i: ae ee A ES AES GO TS Oe Tang BATT ery. . ae? Pa . ~ Va i Pe teh ae oo ae al Po 1793 Powers and duties of the Board of Revenue. om i.) Rreutation II. SEcTIONS | "38th. No remissions of revenue to be granted without the sanction of the Governor General in Council, | 39th. Settlements to be made by collectors but the Board may, if they See Regulation deem necessary, propose to Government the special deputation of XIII, 1811, Regu- lation XXLV, 1817, one of its members for that purpose. and Regulation IU], 1822. ; | 40th. Upon a settlement being concluded,. the Board to issue the usual Bundobusty Purwannahs, without reference to the Governor General in Council. 41st. The Board to see that the revenue is punctually realized by the collectors by the periods stipulated ; or that any balances or delay | in collection is satisfactorily explained. 42d, Board empowered to grant temporary suspensions of demand of | revenue—but the: period of suspended payment not to extend be- yond the current year, and report to be made to the Governor Ge- neral in Council. 43d. Remissions of balances not to be granted without the special See C. 7—Sec 23, Regulation VIL) sanction of the Governor General in Council. ThePowers and duties of the Board of Revenue. : | | culation quae DECTIONS AAth, A6th. See Section 21, Regulation IT, 1819. See Section 4, Re- AXLYV, £79S, -and, Sec. i, Regulation XXII, 1806. Ona, ) Recuiation II. The Board may authorize the issue of tuccavee, not exceeding 5 per cent. on the Sudder Jumma of the lands, reporting always to Government—or if alarger sum berequired the sanctionof Govern- ment to be previously obtained—the interest taken on tuccavee ad- vances, to be 1 per cent. per mensem. The Board to furnish the Governor General in Council with the periodical accounts required of them; and to observe all special or- ders they may receive from Government. The Board, individually and collectively, prohibited being concern- ed in trade or commerce, (extending to the purchase of goods, for the purpose of remittance) or in any house of agency; or in the management of any Bank; or in any transactions for borrowing money with any native revenue officer or person responsible for the collection or payment of public revenue; also prohibited without the previous sanction of Government, from giving land in farm to any European, or accepting the security of an European, for any Jand- holder or farmer—or granting, or confirming any grant of Mal- goozarree or Lakheeraje land, or continuing the pension of any deceas- ed pensioner to his family ; or making any new general rule whatever. Board Tait Tt telBoard of Revenue. We EAL ie ten te UE Oe ene ewe ann ac ai ei a tk rc a ead ot ek immer ah ea i Rae ee eee Sone ok a a z eee . 4 "4 ae H vs 0 oo a eee sical eudhsiceiiiiadnie ae ae pe er i ee Bi isa ee ; eB ee SECTIONS 47th, 48th. 49th to 70th. OR Recuration II. Board to transmit to the Governor General in Council written ac- knowledgements for places restored to foreign powers. To cause separate accounts to be kept of expenses incurred in re- ducing rebellious Zemindars or others, with a view to re-imburse- ment from the offenders. Rescinded by Regulation III, 1822. Settlement1783) Sections | Re-enacting the Rules for the Decennial Settlement. 2d, od, @ 4th. See , Regulation VIL, 1822. 5th. 6th. Geist. C. 3c ment | ( 15) Recutation VIII. Settlement to be formed in Bengal, Behar, and Orissa, for 10 To be permanent with the approbation of the- Court of Directors. Settlement under certain restrictions, to be concluded with the ac« tual proprietors of the soil, whether Zemindars, Talookdars, or Chowdries. : ‘The ‘Talookdars, who are to be considered actual proprietors of their Talooks, are as follows: Proprietors of Talooks obtained by public or private purchase, or by gift. Or which Talooks existed before the succession of the family of the Zemindar to whom they now pay revenue. Or which never formed a part of the Zemindarry. And proprietors, who have succeeded by purchase, gift, or inherit- ance to any Talooks of the nature above described. Talookdars to pay their revenue through the Zemindars, whose engagements so stipulate, Lalookdars TUS be ay OL aT ri a Teast oe ee ETN Sa, on th Tg: ee Coe oa Te ett Pane e Dee Bs~ oe a ea os ah aia - so : & gee Oa oleate eee ae ateiate ete | 1. tele " * " ee eae es wees Lt ete Sa oe ” it a i a tie ae et el Te a ol adetamete gas — a rs Sa lh ita iia eae aa ca se a shad em ce ee cima et ae a ite tec i ieee naie ined ee ee See ee ee Ta a Pers “P - ae PS Yk ae pe re A Pe et 3. ye separation of Talookss ° ? ¢ ‘Rules regard 9th, 10th. Ilth. oo, Becoutation VIII. Talookdars deriving their tenures from the Zemindars, to be con. sidered lease-holders only; and not entitled to separation of their Talooks. Zungle Boory Talooks held under pottah, granted in considera- tion of clearing the land, not entitled to separation from the Zemin« darry. Proprietors of Malgoozaree Aymah lands, subject to a fixed quit rent, entitled to a separation with the exception herein noticed. The following rules passed for the guidance of collectors, in cCar- rying into effect the separation of Talooks. Collectors to examine the title deeds of Talookdars, to ascertain their right to separation, and how to proceed in the event of no title deeds being forthcoming. Talookdars adjudged, not to be proprietors of the soil, at liberty to stie the Zemindars for the right of property in their Talooks. And Zémindars dissatisfied with separation, may contest the right by a suit in Court, and either party may appeal from the decision of the Judge, Orderie L793) SECTIONS | 13th. # © S = 14th, fx, ° @ °, | o | 2 << fG ft ae 15th. M2 on i6th. fe faa eS) Z il BE ba 17th, 2 & fe fa Ra Q) c 1 & < 18th. Oo RQ Ou iy pe - s x i 61%) Recuration VIII. Order for the separation of independant Talooks to be considered positive. Talooks separated to pay their revenue immediately into the trea. sury of the collector except in particular cases, in which Tehseeldars | to be appointed to receive it. Proprietors from whose estates Talooks may be separated shall not be appointed Tehseeldars—persons of character and responsibility to be appointed, and the expense to be defrayed by Government. Rule regarding the re-settlement of lands held under certain Mo« curruree leases, in the death of the lessees. Further rule respecting Mocurruree grants to the proprietors of the soil—this and the preceding rule being subject to the confirmation of the Court of Directors. What Mocurrureedars to be dispossessed, and the settlement made with the proprietors of the soil. Description of Istomrardars to be considered as Pottah: -T alooke dars, and the settlement to be made with them, Descriptions ee Sap atacncniNpaneayaa wearersbh a 3 ete ett ieee Pd hile . . ~s a Ed tt : Or) ata ia <4 St cacialetal a 3 a 96, DISQUALIFIED PROPRIETORS. es ne > ) dO C oe Oi a a a Te eee ee nn ee et ee er oe oe tela Sie ye SETTLEMENT OF JOINY UNDIVIDED ESTATES. pe Bice FE! | ee Be i A i § et ees Ee Be fe | ts | eee ee Haase 4 4 a + - i aS Bisa ey re SECTIONS 20th. e Reg ulation y. teghli aoe orde and | lation VII, 21st. 9°d, 5th. tion 5, Re- sane 1800. ed 27th. zsth, ( 42 J Recutation VIII. Descriptions of disqualified proprietors excepted from the general rs for the conclusion of the settlement with the actual propric« | tor ‘s of the soil. Lands of disqualified proprietors specified in the above section to be managed by persons appointed by Government. No settlement to be made with defaulting proprietors ; but their lands to be let in farm or held khas. Rescinded by Regulation X VU, 1806. Determination of the majority of proprietors to be binding on the others in agreeing to the Jumma of undivided estates, but sharers, if dissatisfied, may obtain a division of their lands. When an estate shall stand in the joint name of several proprietors, or of one for many, and each proprietor has possession of his own portion, a settlement to be made with each. In case of mortgaged lands the seflement to be made with the party in possession, whether mortgagee or proprietor ; but if the former, conditions to be declared. IfL793 RULES REGARDING SETTLEMENT OF ESTATES. SECTIONS 29th. @ 30th. olst. 32d. 33d. 34th. See Regulations I] and V, 1816, Regu- lation II, 1817, Re- gulation I, 1818, and Regulation J, 1819. CAUZIES AND CANOONGOES,. (19...) Recutation VIII. If the proprietors of lands cannot be ascertained or are not forth- coming, advertizement to be issued, and the lands to be held khas pro tempore. Settlement of disputed estates tobe made withthe party in possession. If neither of the claimants shall have possession, a manager to be appointed and the lands to be held khas, until their claims shall be determined in the Civil Court. Disputes respecting boundaries to be left to the adjustment of the Courts ; and the settlement. of the lands to be made with the party in. possession. Special rules are enacted in Section 48, for fixing the assessment in each of the three provinces, adapted to local circumstances, but the following general provisions are added. Allowances of Cauzies and Canoongoes, and public pensions paid by land-holders to be added to the Jumma, and in future paid by the col-, lector, under the restrictions contained in Regulation XXIV, 1793. Theee en en ee = ee * Rules for fixing the public Assessment. - + guetiee SE Prien. ” , " ci ee sacks 7 ai Sw agus. OT eal a Sateen ta ee eee et chen a ee eee on then amen eles oon le een aca dee ne ce ek coined hacen an linaat te eit tiene acetal tiene enti ait ieee ae bse a “ SECTIONS 35th. 38th. 39th. 40th. 41st. ( 20 ) Recuvation VIII. The assessment to be fixed exclusive of sayer, with: exception to the collection in the Gunges, &c. in Calcutta ; and to certain other ar- ticles of collection confirmed under rules re-enacted by Regulations XXVII and XXXIV, 1798. : | Assessment also to be fixed exclusive of all lakherage lands. The above rule not to include Malikana, Nankar, Neezjoot, or other private lands of Zemindars in the three provinces. Malikana lands in Behar to be re-annexed, and the proprietors to be required to engage for the entire estates including such lands. The same rule applicable to Bengal and Orissa, with a modifica- tion in cases in which the Zemindars may have held the lands under a similar tenure, previously tothe 12th of August, 1765, and shall | wish to retain possession. Consolidation of Malgoozaree and private lands to be made also in Talooks. Chakeraun lands also to be annexed and held responsible for the revenue. All1798 INCREASED DEMANDS OF RENT. RECUSANT ZEMINDARS. MOCURRUREEDARS. SECTIONS 42d. See Section 7, Re- gulation XIKI, 1807. 43d. @ 44th to 47th. 48th. See C. 8, Section 15,Regulation VII, 1799, & Section 2, Regulation V, and Section 2, Regula- tion XVIII, 1812, 49th. 50th. 5lst. Cy Ist: ( 21 ) Recuration VIII All engagements for the jumma to be in sicca rupees—rupees of sorts to be received subject to batta. Lands of recusant land-holders to be let in farm or held khas. Rescinded by Section 5, Regulation VII, 1822, Settlement to be made by proprietors, with their dependant Ta- lookdars, for the same period as the term of their own engagements — (10 years) a record of their engagements with their Talookdars to be delivered to the collector. Istemrardar (Mocurrureedars) described in Section 18, who have held their lands at a fixed rent, more than 12 years, not liable to an increased demand of rent. But if not held at a fixed jumma for 12 years, may be assessed at the general rates of the district. The following rules prescribed to prevent undue exactions from dependant Talookdars. Proprietors not to demand an encreased rent, except on proof that they are entitled to do so, either by conditions of the tenures,’ or by special custom of the district ; or that the Talookdar, by recelving , bi 7 . wr t) tans PRC eget pT Ty Tine aeliiaieea Ph ee aH nn % mm. a i a. < . - Ly Fy 4 “ ¢ t ! , : ; : : Pee . F + ’ } “oa | % | ; if | ae | 3 My : ; * i ae r : oe tenants. Proprietors of land and their dependant Talookdars or under- Soi : Mt a lg a ra ah reer tl ora is ee a aes ee ae aia ie ek am ei aa ciiintinaaiaianin che termal i. aes ‘ : thd ae ; : he pe. iD is’ Ge 73. VIII, 1819. 53d. 54th. See Section 2, Re- culation LV, 1794. both. SrecTIONS C, 2d. 52d. See Regulation | Recutation VIII. receiving abatements of his jumma, has subjected himself to an in- creased demand; and that the lands are capable of affording it. On proof of undue exaction, the judge to award damages of dou- ble the amount, with costs of suit. ; Actual proprietors to let their remaining lands, (under the follow- ing restrictions) in whatever manner they think proper ; but every engagement to be specific as to the amount and conditions, and any sums taken in excess of the amount specified, to be considered ex- torted, and to subject the offender to a penalty of double the amount. Persons employed by actual proprietors to collect the rents, to be furnished with an Aumil-nameh, signed by such proprietor. All Abwauls and cesses of whatever description, payable by ryots to be consolidated into one Assul-jumma. No additional Abwauls or Mahtuts to be imposed on the ryots, un- der a penalty of 3 times the amount. In1793] of rents. 10n O @ Rules relative to Pottahs and specificat SECTIONS 56th. See Section 3, Re- culation V, 1812, 57th, C. Ist.t C.. 20. 58th. See Section 6, Re- gulation IV, 1794. 59th. See Section 5, Re- gulation LV, 1794. - 60th C. Ist. c. 2d. ( 23 ) Recurtatrion VIIL. In what cases Pottahs may wary according to the articles of ‘pro- duce of the lands. The rents to be paid to be specifically stated in the Pottah. In cases where the rate only can be specified, as where the rents are adjusted on a measurement of the lands after cultivation; of where payable in kind; the rate and terms of payment, or propor- tion of the crop to be delivered, to be clearly specified. Rescinded by Section 3, Regulation V, 1812. Ryots entitled to demand Pottahs of Zemindars who are required to grant them—penalty for refusal or proof in the Dewanny Court— no dependant Talookdar or farmer to grant a Pottah extending beyond the term of his own lease, nor any Agent to grant Pottahs without authority. All existing leases to under-farmers and Ryots to remain in force until their expiration, unless attained collusively or from unauthorized ' persons. Pottahs of Khood Kusht Ryots not to be cancelled, except on proof that = OUR 4 Rae eee yeh ae ae ay ~ agai Pe en et eee TT tot PPM Se Peet PESate ae o oe SS ae a ar Seer YS OT kaa ee a re | ee eee er ee Rules relative to rents and Pottahs. Se ee oe eee a a a Ce ee ee ae al le all Peet oan oak tena ao ioe ee pelea ot r a } pad ee ae | Bo H ; ' a e oe ee : ae ye | 6 +e 6!st. 62d. RENN meme ne 64th. 65th. 66th. ace SECTIONS See Section 3, Re- culation V, 1812. 63a. ist: ( 24 ) Recuration VIII. that. they have been obtained collusively, or that the rates paid for the last three years are below the Pergunnahs nerick. Land-holders prosecuting for claims which shall not have been consolidated into one demand, to be nonsuited with costs and damages. Rescinded by Section 2, Regulation XII, 1817. Receipts to be granted by land-holders for all payments of rents; and persons to whom refused may recover damages by a civil suit. Rents of absconded Royts not to be demanded from those who re- main. Proprietors to adjust the instalments of rent receivable from un- der-tenants and Royts, and liable to be sued for damages for not observing this rule. Superseded by the provisions of Section 3, Regulation V, 1812. Land-holders and farmers of land, and their dependants, prohibited interfering in any matter coming within the cognizance of the Civil or179 Miscellaneous rules and provisions. Q SECTIONS 67th. C. Ist. @ C, 2d. C. 3d. C. 4th. ©. 5th. C. 6th. ( 25 ) Recuxration VIII. or Criminal Courts of Judicature, under penalty of such fine to Go- vernment as the Courts may deem proper to impose. Restrictions on the Cubooleuts of proprietors of land and Sudder farmers; not-repealed.by a Regulation, to remain in force. Proprietors of land entitled to borrow money or sell their estates of their own authority, from the dates of the settlement being concluded with them—bona fide transfers of estates or Talooks, made subse- quent to the 8th June 1787, to be held valid. Rules regarding the recovery of arrears of rent or revenue from Ryots or under-farmers, re-enacted in Regulation XVII, 1793. Proprietors and farmers of land deprived of Police jurisdiction by rules re-enacted in Regulation XXII, 1793. Collectors to attend to the spirit of the rules of this Regulation where they may not be applicable to particular districts, reporting the deviation in any case. In what cases the settlement authorized to be coneluded under the Regulations, which existed prior to the original rules for the decen- nial settlement. Here e bd : Let oy i be : : Be s tHe a ay = . ho “ SSP Fe RN RS RAPS SNR Tae ee Ae ye IR TTS IRR TT ee EN sibs tactha Boing Gamuchice wea a tacee ado oeaan aROEREILTEaRILTER ODS at) ttni ~ i ~ a Pas *% Ei ea eT teil: ‘ prs ; a 4 (26°) SECTIONS Recuration VIII. See 69 to 101. Here follow special orders, applicable to Bengal, Behar, Midna- poor; and the Salt Districts. ee ee ; H t Hah +. 8 4 ’ gt re _ " oe ee a | i ‘3 rs ie ; bo | ‘ 5 ; Poss ] f = ze | a Be. } H t | ee1793 For the establishment and guidance of the Court of Wards. SECTIONS Section 2, see Re- gulation VI, 1822. . See ~ Regulation VII, 1796. 3d. See Regulation IIT, 1796. 4th. 5th. C. Ist. See Section 3, Re- gulation L, 1793. et - Recuration X. The superintendance and jurisdiction of the Court of Wards to ex- tend to the estates & persons of all disqualified proprietors of entire estates ; namely, females not deemed by the Governor General in Council competent to the management of their own estates, minors, idiots, lunatics, or others, rendered incapable by any natural defects or infirmities, or by profligacy of character, to manage their estates. But not fo extend to proprietors of estates not paying revenue im- mediately to Government, nor to joint proprietors, both or all of whom may not be disqualified. Collectors to ascertain and report any cases of disqualified land- holders : and the following rules passed for ascertaining the ground of disqualification; and for enabling proprietors to recover the ma- nagement of their lands, when such disqualification may no longer exist. | If a proprietor of land be reported disqualified solely from being a female, the Court of Wards to take the estate under their charge, reporting the circumstance to the Governor General in Council, who reserves the power of declaring such proprietor exempt from the a % ration of this Regulation, If A ese eT a AT ee ere 417g ey ee Saree rD ante oo Tt fos Eee De | bat Se ee sae See cee Boa tec e icy a3 ee ra | ¥ee ee = ee he meee Ye es ve eRe AR Sey, ee i ‘ al i el a le ak a ae ek ee oe rh Sil te tal liana ee tee eel ee ak aaah nn ee eet ie ~ ori I ee: i : am . . as ae . r ee, a i Lo me : s , , ep ‘oe iy me aw ~ _s i a Sa ibys - on . ti D4 ae + L793 Lor one estaousnmens ana guiaance of tne Court of Wards, we SECTIONS « C. 2d. ©. 3d. C. 4th. C. 5th, (225 5 | RecuLation X. } If reported by the collector disqualified on the ground of minority and the Court of Wards shall see no reason to doubt the non-age of the proprietors to proceed as above 5. repor ting to Government. If the alleged minority be denied, the proprietor, or any person on his behalf, may petition the judge of the Zillah or City Court; and the judge to transmit the same for the orders and final decision of the | Sudder Dewanny Adawlut, a copy of which decision to be certified by that Court to the Governor General in Council, who will order the estate to be put under the Court of Wards or otherwise, accord- ing to the decision of the Sudder Dewanny Adawlut. If reported disqualified on grounds of lunacy, or any natural de- fects or infirmities, the Board to order the collector to represent the circumstance through the vakeel of Government to the Zillah Court; which representation to be forwarded by the judge to the Sudder Dewanny Adawlut for investigation and final decision of that Court, and of Government as above prescribed. Rescinded by Section 2, Regulation VII, 1796. In cases of persons declared disqualified:on grounds of lunacy, measures1793] Secrions | C.. 6th. 6th. 7th, Sth. C. ist & 2d. 9th, For the establishment and guidance of the Court of Wards. 10th, See Section 30. (29) REGULATION X, measures to be occasionally adopted to ascertain the continyance or otherwise of such disqualification. Any person adjudged disqualified on the grounds specified in Clauses 2, 3 and 4, and who may deem the ground of their disquali- fication removed, may recover the management of their estates by representing the circumstances to the Zillah Judge, who will for- ward such application to the Sudder Dewanny Adawlut for decision and for the orders of Government. The trusts of manager for the estates of disqualified land-holders, and guardians, to be distinct; but may, an some instances, be united in the same person. When vested. in different persons the former to have the care of es- ” tates real and personal; the latter, the care of the person and main- tenance, and (if a minor) the education of the ward. Rescinded by Section 26, Regulation VII, 1799. Security to be given and obligation to be executed by managers. FORM OF PRESCRIBED OBLIGATION. | An allowance proportioned to the extent of trust and tr oubla of the manager to be proposed by the collector, and fixed by the Court of enter arc herr iri CRee eed | 7B a Ses a ta re eat da ria Oa ae eae raat 0 — Sai A - ; k Os ts ) Ret ae ee ae te elle i a ee Po een — -_ wa, oe, a : , “ L793 _ nA Fe da al ee ta) For the éstablishinent did gsiudance of the Court of Wards. SECTIONS 11th. See Section 25, and Regulation L, 1793. (30 4 ReGuiaTIONn X. of Wards; and if proved guilty of any embezzlement. liable to the penalty specified in his obligation and dismissal; the penalty to be appropriated for the benefit of the estate. The necessary establishment of officers under the manager, to be proposed by the collectors, and fixed by the Court of Wards—the persons employed to be nominated by the manager, subject to the approval of the collector—any individual of such establishment 12th. C. Ist. See Section 5, Re- gulation L, 1793. proved guilty of ‘embezzlement, liable to the same penalty as the manager. The following rules passed for the guidance of collectors and ma- nagers regarding the payment of the public assessment, and general appropriation of the receipts of the managers from lands of disqua- | lified persons. An allowance of 10 per cent. on the actual revenue realized and paid to Government, to be assigned to the proprietor and his family, to be paid monthly by the manager in the proportion of his monthly payment of revenue to the collector, which are to be made, subject to the prior payment of his establishment and malikana allowance— a monthly account of all receipts and disbursements to be delivered to the collectors for inspection and audit, who 1s to see that the ma- managers1793! SrcTIons 13th. 14th, For the Establishment and guidance of the Court of Wards. ( oh) Recuiation X. nagers receipts are fairly appropriated to the payment of the public reventue—any arrear of revenue which may arise in one year, to be made good from future surplus collections; and the same rule to ape ply to arrears of allowance of the proprietor—but if there be no ba- lance outstanding, the surplus collections to be applied to the bene- fit of the estate. ‘A discretionary power vested in collectors to reduce or increase in certain cases the allowance of propriétors, subject to the approval of the Court of Wards—but no increase to be allowed without the sanction of Government, unless there be Jakheraje lands or other resources equal to the same—in the event of a reduction of allow- ance, the savings arising therefrom to be applied to the benefit of the estate ; as well as any surplus receipts arising from resources inde- pendent of the Malgoozaree lands, not otherwise appropriated by the collector. . Where a distinct guardian may be appointed, the manager to pay to him the allowance fixed for the maintenance and education of the proprietor and support of his family, as well as the amount of any resourcesme ae, 5 is) > Cake oe od nae TR canner aay . ‘ oem - . © Oe He a ok ee oe Oe ee a FV tam vane ae Fe. a For the establishment and guidance of the Court of Wards. ort: hae eee Ri ba . RE ee ee ee et eae on oe) _ pane — ac cite a id . Cee er os a he tl arated hal ee ae a i la ae ae al a ae ee ee al ee ed ee ee eee oad ee ee ong e r pf ‘ : ” = Le RPS ee a 7 2 HF a br " = . e M = i" a? —_ re OIE a ; Fad is i “4« SECTIONS 15th. 16th. 17th. 18th. (82 4) REGULATION X. resources independant of the Malgoozaree lands which the collector may think proper to allot for these purposes. A specification of the property entr usted to the manager and guardian respectively to be signed by these persons, and deposited in the collector’s office. The manager to discharge his trust diligently and faithfully, and act in every respect for the proprietor’s interest, according to the best of his judgement—but if acting for a minor, not to grant any leases extending beyond the life of the proprietor, or contrary to Regulation XLIV, 1793, or to dispose of any part of the real pro- perty under his charge, without the sanction of the Court of Wards. The manager to deliver to the collector an annual account cur- rent of his receiptsand disbursements on oath, with vouchers, unless che Court of Wards shall admit a solemn declaration in lieu of an cath—the collector to audit disbursements, and see that surplus | receipts are appropriated as prescribed in Section 12. Collector to apply such surplus receipts to the purchase of lands, or interest loans on mortgages, or Government securities, if not1793} Sections | | oe guidance of the Court of Wards. For the establishment and Ba Bee See Section 19th. 20th. 21st. Reeulation VII, 1799. 26, REGULATION X. not required for the improvement of the estate, and to transmit the deeds of purchase, mortgage, &c. to the Court of Wards, to be deposited inthe General Treasury—the Court of Wards to obtain the Sub-Treasurer’s receipt, and transmit an attested copy to the collector to be delivered to the manager—the manager in like manner to de- liver to’ the collector any existing title or mortgage deeds, or Govern- ment. securities belonging to the estate, to be deposited inhistreasury, granting his receipt, interest becoming payable on Government secu- rities to be paid to the manager, and to be appropriated as directed in regard to resources independant of the Malgoozaree lands. Rule regarding the payment of any debts due from estates of dis- qualified land-holders. The province of guardian to be as explained in Section 7. The rules in Section the 8th, applicable to the selection of guardi- ans; provided that the guardianship shall, in no instance, be entrust- ed tothelegal heir, or other person interested in outliving the ward. Female For the establishment and guidance of the Court of W (XVII, 1813, and Regulation II, i i \ SECTIONS 33d. 7 3 Ath, 35th. 36th. ‘See Regulation far | REGULATION X. No adoption by disqualified land-holders valid, without previous sanction of the Court of Wards. Collectors, on reporting to the Board, the disqualification of any land-holder, to state the condition of the party, the particulars of his or her estate, real and personal, as far as can be ascertained; and the person who may appear most eligible for manager and guardian ; with the grounds of such opinion, the same report to be made in cases of testamentary appointments, stating whether there be any, and what objections to the confirmation thereof. Collectors to make such further reports, as may be required by the Court of Wards; and they, as well as managers and guardians, to observe all instructions of that Court, not contrary to any Regulation. Collectors, managers and guardians liable to be sued in the Zillah Dewanny Court for any acts done in opposition to this, Regulation, or in breach of their respective trusts, after the estate shall be surrender- ed by the Court of Wards from their charge—the rules regarding suits specified in Section 33, Regulation XIV, 1793, which collectors are required to defend at their own risk and expence applicable to suits | instituted agaist them under this Section. After the Ist July 1794, | 2 | landed } Re ge rer TT eae Sata RSae ee 5% iy (Bey ete A ” 1794) Srcrions RecuiatTion X. Beatiom 2d, landed property zo descend according to the Mahomedan or Hindoo See Section 2, Re- gulation X, 1800. | Jaw, unless the last proprietors shall have otherwise disposed of it in - a manner sanctioned by those laws. , — i a 8d. Two or more persons succeeding to an estate to be at liberty to hold it as a joint undivided estate,—one or more of the sharers desir- see. Regulation | ing to have separate possession, may obtain.a separation in the man- eae ner directed by Regulation XXV, 1793. 4th. If any two or more sharers shail hold their shares undivided, a ma- ez" - PL Se rT el Fae, " tae pl a ; aan an Oe eles oe el See Regulation | nager to be appointed under the rules contained in Sections 23, 24, 25 = 8 | and 26, Regulation VIII, 1793, If any one or more sharers shall desire a separation, the Jumma to be adjusted according to the rules prescribed in Section 10, Regula- tion I, 1793, or if the estate be held Khass, or let in farm, the provi- sions of Section 11, Regulation I, 1793, applicable to it. 5th, This Regulation not to operate retrospectively, or be in force till the Ist July, 1794. 6th Not to prevent persons transferring their property in the manner, vesivictions on the. inheritance of landed property removed . _ ay / 2 —— = - ee gp meee ee Fh tin tai ieee oa alee a ae ee ht baal elt eal BPO OR ORR me oe LR te a Coa ; and to whom they may think proper, provided the transfer be not re- pugnant to the Hindoo or Mahomedan law, or to the general re- gulations. Lf ™ aa : ae a ar et rr ha sie a a Wi i al a n pa . ry ed : - r Ss . r ad 4 , eA Aaa té if is i oen'793 For the recovery of arrears of public revénue. SECTIONS Section 2d. 3d. See Sections 2 to 11, Regulation ITI, 1794, Section 2, Regulation X VILLI, 1814, Section 4, Regulation X, 1818, C. 2, Section 11, Regulation II, 1819, C. 2, Section 19, Regulation VII. 1822, and C. 2, Sec- tions 2 and 7, Re. culation XI, 1822. 4th, 5th. See Section 14, Regulation ITT, 1794, See C. 2, Sec- tion 23, Regulation VU, 1799. 7 ) REGULATION XIV. If the whole or a portion of a Kist or instalment payable on any one month, shall remain undischarged on the first of the following month, the sum so remaining unpaid shall be considered an arrear of revenue. Payment of an arrear of revenue to be demanded in writing, and to be served on the defaulter *—manner of service prescribed. 235 Superseded by Section 3, Regulation III, 1794, and Section Regulation VII, 1799. Process to be observed by a Collector for the arrest and confine- ment of a defaulter, for recovery of any public dues—defaulter to be conveyed to the Dewanny Jail; and motion to be made in writing to the * Note.—Although Regulation XVIII, 1814, (by which this provision’ is modified) is rescinded by Regulation XI, 1822, yet it appears from Sections 2 and 3 of the latter Regulation, as well as from the provisions in Sections 11, 12 and 13, Regulation III, 1794, that a collector is not pre- cluded the exercise of the discretion allowed by Section 2, Regulation XVIII, 1814, in regard to demanding payment of an arrear in the manner prescribed in this Section, preyiously to issuing the notice of sale under Clauses 1 and 3, Section 7, Regulation XI, 1822,eee oan A eee ae ce eae eS ce emeeania . ; , iz : e 7 ad 3 : aaa eal a iN i a ln a a ie LOE LLE LEAR LLL LLL LOA LE I LEAL I I ALLE LG AM eee | y F 59 See anEt. ca —_— oe ——_———— oor For the recovery of arrears of public revenue. SECTIONS < See Section 9, Re- gulation XLV, 1793. 6th. See Section 2, Re- culation I, 1801, Sections 3 and 14 Regulation III, 1794, Section 30, Regulation VII, 1799, C. 3, Sec- tion 23, Regulation VIL, 1799, Sections 5, 6, 7, & 8, Regu- lation V, 1812, and Section 4, Regula- tion I, 1801. th. , section ation VII. Op 7 ee C. I 3, Regul 199. pat 0D 8th. See Section 3, Re- gulation IIT, 1794 C. 7, Section 23, Regulation VII, 1799, and Section 2, Regulation I, 1801. 9 to ll. (- 80.) RecvuLaTion XIV. the Court, through the Vakeel of Government, and the judge to con- fne the defaulter, till released at the application of the collector, or until all dues be discharged. Attachment of lands to be made on the confinement of a defaulter— attaching establishment, how proposed and authorized—Aumeens to collect according to subsisting engagements, or in default thereof, ac- cording to the established rates—responsibility of Aumeens—small estates to be committed to the charge of the nearest Tehseeldar or other revenue officer. Board of Revenue may authorize the charge of interest on arrears at the rate of 12 per cent. per annum—payment to be enforced by | collector in the same manner as arrears of revenue. In cases of defalcation from inclemency of season, the collector may suspend the confinement of defaulting proprietor or farmer, re- porting to the Board. Rescinded by Regulation III, 1794. Persons1793 For the recovery of arrears of public revenue. SECTIONS 12th. See Regulation Il, 1814. See Section 29. ® See Section 9, Re- gulation Il, 1805, See Section 11, Regulation —_ II, 1794. 13th. 15th. See Section 9, Re- gulation XLV, 1793, see Section 3, Regulation ILI, 1794, and Section 24, Regulation V 11, feo, and .C. 3, Section 19, Regu- lation II, 1819. ( 41 ) REGULATION XIV, Persons confined by the collector for arrears, at liberty to institute a suit against him to tr ust | 2 n to try the justness of the demand, and may obtaim damages of the collector, if no arrear appear to have been due—secu- rity to be taken from the party released from confinement, in the event of the judgment being appealed, but not otherwise—in what cases the collector not liable to damages. | Rescinded by Section 2, Regulation XI, 1822, Rescinded by Section 11, Regulation III, 1794. If any process issued by a collector under Section 5, against a oO proprietor of land, * shall be resested or evaded, or the defaulter ab- scond after having been taken into custody, the collector to apply to the Court throughthe Vakeel of Government ; and the Court, after due inquiry into the fact of resistance, &c. to issue a publication requir- ing the defaulter to surrender himself within four weeks—the lands, in the mean time, to continue under attachment. Defaulter * Process of arrest can only be issued against proprietors in cases specified in Section 44 and Section 14, Regulation Tlf, 1794, and to such cases alone, this and the following Sections relating to the forfeiture of estates of proprietors can apply. : " D eoae a. — oO a. a) Coto wT heel PY a ee ee tn ware - ; i a Pata ence . po ong ” - - 23 _ wir) a C =e Oe pene roan. For the recovery of arrears of public revenue. hen “gat 2 para a Sal al lr a Kt a oer al Mien ei aes kl ieee tenia ed _ ee ea ee a et Loree Me mE a . 3 . Sa tial Oe ee he tae . n = oe sd a el ed ° a ag 7 7 . ; ji a e ; or SECTIONS 16th. ( 42) Recuiation XIV. Defaulter not appearing pursuant to Istehar, or of having appeared, See Section 3, Re-' shall be convicted of resistance, his estate to be declared confiscated gulation IX, 1799. See Section 3, Re- gulation LX, 1799. Ditto ditto. to Government—trules for the guidance of the Zillah, Provincial and Sudder Courts, in cases of appeal from the judge’s decjsion—the Board may authorize an appeal at the recommendation of the collec- tor, who is to obtain and furnish them with copies of decrees.and proceedings of each Court, if the estate be not decreed forfeited— but if so decreed, the Court to transmit a copy of decree and pro- ceedings’ to the Governor General in Council—rule for determin- ing what decrees of the Provincial Court are appealable.to the Sud- der under this Section, but decrees so passed, not to be carried into execution without the sanction of the Governor General in Council; and if the estate be decreed forfeited, the Governor General in Council may confirm or commute the forfeiture to a fine within four weeks, to be levied by the Court which may have decreed the confiscation, and the amountto be paid to the collector of the Zillah, but decree of forfeiture to be final, if not commuted to a fine within the above period—process instituted against a de- faulter, and appeals preferred” under this Section, to be conducted by the Vakeel of Government, on the part of the collector, and to be carried on at the public expense. Proceeds1793) For the recovery of arrears of public revenue. SECTIONS 17th, 18th. 19th. 20th, 21st. ( 43 ) Recuiation XIV. © Proceeds of the estate of a defaulter, whilst attached, to be ac- counted for to him, if the forfeiture should be commuted toa fine, and a portion of the defaulter’s estate to be sold, if necessary, to make good the demands against. Ifthe forfeiture should be confirmed, the Governor General in Council will confer the estate on the heirs of the defaulter, or direct it to be disposed of at public sale. " paeRrea ape A , s 5 i Po GSR gp fei a? Y iy ye ’ aN OR He Ra ee ea Te ate pee Dene ee In case of resistance of process by a farmer, the collector to per- sue the same measures as directed in regard to proprietors of land, and a similar course of procedure to be adopted by the Courts of origi- nal jurisdiction and appeal as prescribed in Section the 16th, andif the offence be proved, the lease to be declared annulled, but may be ‘commuted by the Governor General in Council to a fine. If the lease be annulled, any balance due to be recovered from the farmer and his surety—if surplus be collected to be paid to the defaulter, who may sue his under-tenants for any balances of rent due from them during the period his lease was in force. The same rule applicable to cases of resistance of process by sure- ties of proprietors or farmers of lands; but on conviction liable to a fineon ep cy Ld he ey “ eemaie Ss stent) 1. Liat, y : er ae “es vs ¢ Pt ites a we gPus ee ee To ee | ee oe ee ans one Ne ne en a aera oie el oe een ot 5 , . > fe a ee _ Fa tr ee ee rN ee en et ee Oe ae cae >i bn ; p co bate. ome 4 = * is For the recovery of arrears of public revenue. PS 4 ~~ SECTIONS 22d. 23d. See Clauses 2 & 6, Section 23, Regu- lation VII, 1799. 24th. See C. 6, Section 23, Regulation VII, 1799. See Regulation XVIII, 1814, and Regulation XI, 1822. 25 to 28. 29th, ( ReGuuaTION XIV. 44) fine, at the discretion of the Court, which may be alleviated by the Governor General in Council. Rescinded by Section 11, Regulation III, 1794. Defaulting farmers how to be provided against if their. lease be cancelled, may sue for rents due from under-tenants. Collectors to attach the lands of sureties of proprietors or farmers whom he may proceed to confine for arrears, but such lands not to be sold without the sanction of Government. Rescinded by Section 2, Regulation XI, 1822. Judges empowered to require a collector to show cause why a defaulter is continued in confinement—if he be confined under a judicial decree, the judge not to enter into the merits of the case, but only to enquire, whether the amount and sums due from him have been discharged—if confined at the process of the collector only, the party at liberty to prosecute under Section 12, but if full payment of all demands due be alleged, the judge to enquire into the case, ande For the recovery of arrears 0 public revenue. of SECTIONS 30th. See Section 15, Regulation XIX, 1793, and Regula- tion II, 1814, and Section 9, Regula- tien II, 1805 (D.) REGULATION XIV. and the proceedings held in examination of the defaulter’s accounts and payments; to be in continuation of the original suit or process, and if the judge shall consider that the demands against the defaul- ter have been liquidated, he is to release him, taking security to the amount of the alleged balance against him in case the judgment be appealed by the collector—if the demand shall appear to be due, and the dafaulter have been in confinement more than one year, the judge may release him, on giving security to pay by instalments—ei- ther party dissatisfied with the decision of the judge under this Sec- tion, may appeal under the rules prescribed in Regulations V and VI, 1793—the rules in the following Section to be applicable to all decisions passed under this Section. Collectors to apply to the Courts, through the Vakeel of Govern- ment, for a copy of decree and proceedings in the event of being cast in any suit on account of any sum of money demanded or received as an arrear of revenue, and are to forward the same to the Board, with a letter stating his objections to the decision—if the Board di- rect an appeal, the collector to be indemnified by Government for all costs and damages awarded against him, but personally liable to the same, if the Board shall not see ground to authorize an appeal—in such 4s". + - . ~ sf ATE ee I he TART ee ECE : : Serene or ey Tait Peta hd Det fee vr Ps an sor Side “ao rr mee &- Sy 35 : eet Me Roe Pe Le Pe ek OME ht ee eee SEO Re Rely > a eee Sa) ee ’ = ee ‘n= Saas “as nn 2 * : , z : oo r J Ss ; ea c wy eect E> eee ree See? = oP ae aaa* PT a De tha ae - *, Co iO ON AF AEE EES Ore Meee EE TET Opes. ' ee en — en ee ee > *eegRE RR HES aprragee pgQnsrrieee™ a ce ce a Da a at ne a a eR nh ale ee al aan lel ae naa a tet antl 2 ba i td ee a ale ; ‘ : : = . =. , * - : “ ‘i ri. | 66 FF 1% CNUEC ’ U For the recovery of arrears of public re 93} SecrTions Slst. Sed. See Regulation XVII, 1813, (D.) and Regulation I], 1814, (D.) 33d. See Regulation I], 1815, (D.) ( Recuiation XIV. 46 ) such cases the collector at liberty to appeal at his own responsibi- lity and risk—appeals ordered by the Board to be conducted by the Government pleaders at the public charge. In case of an appeal from a decision passed in a Zillah or Provin- cial Court in favor of a collector, that officer to defend the cause in appeal—but if the Provincial Court shall reverse the Zillah decree, the collector to obtain and forward to the Board copies of decrees and proceedings of both Courts, stating his objections in a letter—the ; Board may direct an appeal; but if no appeal be so authorized, the collector may appeal at his own risk and responsibility for costs and damages in the event of being cast—in all such causes in appeal, whether the collector be appellant or respondent, the Government | pleader to be employed, under the collector’s instructiongy to prose- cute or defend the appeal. Collectors to appoint a Vakeel of the Zillah Court to defend suits preferred against them under this Regulation, and to nominate Vakeels to carry on appeals, which they may prefer without the authority of the Board of Revenue. Suits instituted under this Regulation against the collector for sums of money demanded or taken for his own use, or for acts done on his1793 For the recovery of arrears of public revenue. SECTIONS S4th, r 36th. ji sy, } RecuuaTion XIV. his official capacity unauthorized by or repugnant to, this. Regulation, to be defended in his private capacity at his own risk and expense, and not referable to the Board. Collectors not to derive any pecuniary advantage from suits in which they may be engaged, except suits specified in Section 33, nor to suffer loss, if their conduct has been conformable to the Regu- lations, with the exceptions specified ; they are to bring to public ac- count all costs and damages that may be adjudged to them—to issue from the public treasury and insert in their accounts the expenses of all suits that are at all events to be defrayed by Government, as well as such as may be ultimately chargeable to Government, first obtaining the sanction of the Board. The Board of Revenue to report to the Governor General in Council any cases in which a collector may have been compelled to pay costs or damages, for which they may be of opinion he ought not to be made responsible. Security not to be required from a collector for his personal ap- pearance, nor for costs, or performance of decree, except in particular cases herein specified, or in private actions instituted against him under Section 33—payment of costs or damages against a collector may id eT reeete ty it ae Pe Cr ee wae “~~ Pa os a CS od - Pe eee < ; ‘ i , : i Oe ee ee at ieee elie ool iad For the recovery of arrears of public revenue. Se ee eee ae er F ‘i z Fy | i r ie } ; i i | ee f Fs F | A f , a ri [ fe RF §. c Wis” 7 ~~ SECTIONS 37th. 38th. 39th, (Ap) RecuLation XIV. may be enforced by reporting to Government, if the collector or his surety refuse to discharge them, or may be levied from the surety by the customary process—collectors liable to be fined by the Court for refusing to obey any order or decree ; and in the event. of refusal to pay, a report to be made by the judge to Government. The Board of Revenue to issue instructions to the collectors ree garding the mode of inserting or noting in their accounts their re- ceipts and disbursements in the suits herein mentioned, and to re- quire such vouchers for the sums as they may think proper. Process issued by the Courts against collectors in suits instituted | under this Regulation to be transmitted under a cover, sealed in the form of aletter, and superscribed with his official address, and the collector to acknowledge the receipt thereof on the same day in a letter to be addressed to the Register of the Court. Collectors may forward instructions to Vakeels in the Courts of Appeal, by Dawk, free of postage, to be enclosed under a sealed cover, addressed to the Register of the Court—the same power continued to collectors having suits depending in the Zillah Court after1793| Srecrrons | For the recovery of arrears of public revenue. - 40th. See Section 8, Re- gulation III, 1794. 41st. 42d, ad. See Section 5, Re- gulation Vill, 1816, (D.) ( 49) RecuLatTion XIV. after his removal from the Zillah, and Vakeels similarly empowered to transmit papers to the collector, through the register of the Court in which the suit may be depending. Sums advanced as Tuccavee, or for Poolbundy, &c. to be recovered in the same manner as arrears of revenue. Collectors not liable to prosecution for the acts of their predeces- sors—collectors removed from office to carry on suits of the nature described in Section 33, in which they may be engaged—and all appeals in which they may be a party, excepting such as may have been preferred under orders of the Board. Collectors to carry on unfinished suits or appeals instituted by their predecessors, or in which they may have been engaged under orders of the Board; and which are directed to be carried on by the Vakeel of Government at the public expense. In cases in which the Board of Revenue may judge it expedient, or.may require orders for the purpose from the Governor General in Council, they are to take upon themselves the prosecution or de- fence of any appeals in the Sudder Dewanny Adawlut preferred by a collector pursuant to their orders. It a See eS ea BOP RR eT Re A Pes ee NS PE EE BE Ee eet Be + 0c rr fees Ee bes | . 4 mta aa a ae Oe ed ti “ube at *** aes 5 Pr ws ~s : en ate ae oe ee ee For the recovery of arrears of public revenue. — — a ee ee oe Se aha ee gps eeseten a NL i ol a a a Ee a a pated el ee Seni a eli ol eh leaded © - a a ° ‘ ¢ nS o ° + E - a ts : - a ‘ : , . “ “ x P a Ce 4 oe (30 SECTIONS REGULATION MAT. 44th. If the proceeds of the sale of the Malgoozaree lands of any de- faulting proprietor, farmer, or surety, be insufficient to liquidate the See C9. Section| arrear due, any other real or personal property may be attached and 2, Reeulatiion AL 1822. sold, and the expense attending such attachment chargeable.to the proprietor. 45th. Rule for serving process, directed in Section 5, on defaulters re- See C. 2, Section = : 23, Regulation VIL) siding in the cities of Dacca, Patna, Moorshedabad, or Calcutta. 17 799. 46th; Any proprietor, farmer, or purchaser of land, or surety, deeming himself aggrieved by any act done by a collector pursuant to special orders of the Governor General in Council or the Board of Revenue; or who may dispute the validity, or otherwise object wholly or in part to the engagements under which a demand against them may be made by a Collector, such person is, nevertheless, to discharge the demand, and the engagement to’ be held valid, until set aside by a judicial award, but may petition the judge of the Zillah Court, stating his objections to the act complain- ed of, or to the engagements, and praying that Government will or- der the question or matter to be tried—the judge to forward the petition to the Governor General in Council, who will either afford the redress solicited, or direct the Court to proceed to trial—in the latterB93 -y of arrears of public revenue. by § omy UE? For the reco z SECTIONS S o OC 1 (Fo) Recuration XIV. : 1 : ae ' inti atter case, a written notice to be served on the plaintiff, and the cause to bé considered filed, and the collector to defend the suit on : e Section 9, Re- the part of Government, in the Zillah Court or jn Appeal—in the event of Government being cast in the Zillah or Provincial Court, the collector to forward copies of decrees, &c. with his objections to the Board, who will submit them, with their opinion, to the Governor General in Council, who will order an appeal or not as may appear advisable—all costsand damages awarded against Government to be defrayed from the public treasury. Rules in this Regulation regarding collectors to be held applicable gulation II, 1805, FE) 47th. ARth. See Sections 2 & 3, Regulation XVII, 1805. to acting collectors. Joint proprietors of estates committed to the charge of a manager under Sections 23 to 26, Regulation VIII, 1793, not liable to confinement—lands of disqualified proprietors committed to the charge of a manager, under Regulation X, 1793, not liable to be sold for arrears of Government revenue incurred whilst under such charge, or their persons liable to confinement, nor the person of a female proprietor to be taken into custody, or personal appearance to be required by a collector under any pretext—not to take into custody or require the appearance of any proprietor, farmer, or sure- ty, except in cases expressly authorized—arrears of revenue are to be u& J? recoveredPs oa te 2 r YT Sete 1 Ltda 5 . . rae es i ‘nei cued — — ee ba i eel ee ett Lae Oe al laa a el ot ee eee tae =a . ; te So : a! ss bata ee a CS es eae pero te fgat AEE aa: , wp. es = 3. ("es : Recuiation XIV. 1793| Srcrions recovered from female proprietors who may be exempted from the | Sin Bectnns Des operation of Regulation X, 1793, and from joint proprietors, by a | | oe te VIL) ale of lands, and by attachment and sale of any other property. Powers rare Te1793 Distraint and sale of property for rents. SrEcTIONS Section 2d. See Section 2, and Sections 14 to 20, Regulation VII, 1799. 3d. See Section 13, Regulation V, 1812. 4th, See Section Ve Ditto. ditto. 5th. See Section 3, Re- gulation VII, 1799. 6th. “th. ( & Recuuation XVII. Powers of distraint and sale of personal property for the realiza- tion of arrears of rent due, vested in land-holders and farmers, also dependant Talookdars and under-farmers, Lands, houses, or real property, not liable to distraint; or advances or materials for the Company’s investment, nor the tools of a trades- man or labourer, all such distraints illegal and void, and render the distrainer liable to damages and costs of suit, and the defaulter to stand acquitted of the arrear. Ploughs, implements of husbandry, seed, and cattle trained to the plough, not liable to distraint if the defaulter possesses pro- perty. Under-tenants not to be considered defaulters until the arrears have been ineffectually demanded—distraint of property of a defaulter not to affect the responsibility of the surety. Damages and costs of suit to be awarded for distraint of property when no arrear is due. Attachment not to take place if the arrear be tendered in pre- sence of two witnesses. Distrainers Pag eS ey NT i SRW ae ee 7 abe. ne er god Tt Toe bette Det pene al ae) tis wonreden Rete ye kT NER eee eT See YS Pe oe eran LNs ee ARE eee mE Ee eat ya Te ad Sa AS ogee eon eae ee ee EN os Er rae te tae eae ee ea rd ee a ee ny vs! eter ee a elo Senta sai 4 ha my, 3 Ex - i See es Fag ony * ° S ee ee Tah 5 eesle el co ee Pores ey seed ot a hee " . oe ee ee ee ee Oe te ee De a a eee ee etter ne at a ee Ce ee oe, ie ie ieee ted i ‘ee ae 1 ; ee 1 Pt t ot & HM : k a i i e Ae | ae i oa ap Distraint and sale of property for rents. 17 93} SEecrions Regulation XXXY, 1795, Sec- tion 4, Regulation Vil 1792. See Section 2, Re- sulation XXXYV, (795,and Sections 15 and. 16, Regu- lation V, 1812. 9th and 10th. llth. See Section 8, Re- gulation XXV, 1795, and Sections |6. and 7, Regulation VII, 1799. 12th. ( 54 ) Recuiation XVII, Distrainers to deliver to the attaching officer an * attested Wrilane’, specifying the amount of the arrear and date on which it became due * See Section 3) —a copy.to be delivered to the defaulter, with a list of the property attached, endorsed ; also a notice of the day of sale, unless the arrear and expenses of attachment shall be previously discharged, or the demand be contested—if the defaulter be absent, a copy of the notice to be.athxed at his usual place of residences; any neglect to observe these rules will incur the forfeiture of the arrear, and subject the distrainer to the payment of the value of the property with costs of suit. Rescinded by Section 2, Regulation XX XV, 1795, and re-enacted by Sections 15 and 16, Regulation V, 1812. Attachment to be-withdrawn, if the defaulter shall tender the ar- rear and expenses of attachment previous to the day of sale—any dispute arising to be determined by the Cauzy of the Pergunnah—the .. Courts to punish any distrainer acting contrary to this Regulation, by awarding costs and damages to the injured party. Property distrained not to.be taken outiof the Pergunnah, but to } be kept in a place of safety. Distrained1793! Secrions 14th, wa ee ‘ OD 15th. ~ g > 16th. s © Si S S Ry C. 5th t se ) Recunation XIX, Grants of land made previously to the 12th August 1765, (corr ponding with the 31st Sawun, 1172, B. 5.) declared ao US= valid, provided the grantee obtained possession before that date, and has since held possession without paying revenue, otherwise not valid, of their entertaining doubts as to the authority of any officer of Go- vernment who may have subjected lands to the payment of revenue, granted rent-free before the Dewanny, but no claim to hold lands exempt from assessment, which shall have paid revenue for twelve years, to be heard. | No persons, not being" the original grantees, to be entitled to hold exempt from assessment lands now subject to the payment of reve- nue, under grants made previous to the Dewanny. Nor to entitle the heirs of persons possessing life grants of rent: free lands, to hold the same exempt from assessment, after the death of the present possessor—-power reserved to the Governor General in Council in regard to extending the duration of certain life grants to one or more future successors. Transfers: or mortgages of such grants beyond the life of the pre- sent possessor prohibited, unless confirmed as hereditary tenures by Government. Grants Courts to refer to the Governor General in Council in the event rE te See 4 : : a u | : q 4 ae ceeds 4 ee oer i F # ; re rieOrne) | wy > . rTY. | 1793| Sections RecuiatTion XIA. 34. C. ist} Grants made subséquently to the 12th August 1765, and previously to the 1st December 1790, not valid, unless confirmed by Govern- ment, or by an authorized officer on its part. oO. eq| Courts how to proceed in the event of entertaining doubts of the authority of the officer to confirm the grant. c.sa| Exception to the rule in C. 1, in favor of grants made by the chiefs a iia = one of the late provincial councils. C. 4th,| And also of lands not exceeding 10 beegahs, granted before the et | year 1178 B. S. for religious or charitable purposes. | Questions regarding the proprietory right in lands alienated be- fore the 1st December 1799, and adjudged liable to the payment of revenueto be determined in the Dewanny Adawlut—this Regula- 4th. tion relating only to the revenue of such lands. bth. Revenue payable by grantees of certain Jands assessed, to whom the proprietory right shall be continued. The rents of larid alienated prior to the 1st of December 1790, held For trying the validity of titles to rent-free lands. 6th. under one grant, not exeeeding 100 beegahs, which shall be liable to assessment, ge EP tees ” . Bari ae. eG Py ii st ment aller Nala al taller tne bata — sievenane 4 ; a ak Ce ne eT atk cl leet iat mm eae Siem Blah ata a el eae ce cee eae oa al le oe ra te rs eet1793 ily of titles to rent-free lands. For trying the validt SECTIONS Tin. * sth. C. Ist. CG. 2d. C.. 3d. Oth. 10th, kith. Cr o <% REGULATION Nie assessment, to belong to the propictor of the estate in which sityated. The revenue assessable on lands exceeding 100 beegahs, alienated prior to the Ist December 1790, to belong to Government. Rule for fixing the assessment on lands specified in Section 8. Rule .of assessment, if the grant be made previously to 1178, B. S. Rule of assessment if the grant be subsequent to 1178, B. S. Rule for fixing the amount of assessment on lands specified in Sec- | tion 6. | All grants made since the 1st December 1790, whether exceeding or under 100 ‘beegahs, declared null and void—proprietors at liber- ty ‘to ‘resume all lands held under such grants, and not liable to any inérease of assessment on that account—managers of estates to ex- ercise on behalfof disqualified proprietors, the powers herein vested in: proprietors. Proprietors and farmers of land to. sue, in the Dewanny Court, for revenue payable from lands specified in Section 6, and not to | subject such land to assessment without a judicial decree—if the | estate eee! Ly Br ere ee te ek vt =. ily Se ie) af ea eet ar ee = AS bes o = ae Pet PAg ees ry 2. aw Ay om ac PRR ee ee ee yt ee ee eS ee i Fe eS ¥ Bee eae ee aad Se c ae - " ; i 4 a | alSuef Rett, 1814, for trying the validity of titles to rent-free lands. | 1793! Sections | See Regulation I, 12 to 14. 15th. | 16th. 17th. 18th, 19th. 20th. ( 62 ) Recuiation XIX. estate be held Khas, Tehseeldar, or other manager, to sue un- der the direction of the collector. Rescinded by C. 2, Section 2, Regulation II, 1819. The collector to defend suits instituted by individuals to held lands exempt from the payment of revenue—the Vakeel of Government to defend or prosecute suits instituted against or on the part of Govern. ment, and in the event of the collector being cast or dissatisfied with the decision, the rules in Section 30, Regulation XIV, 1793, and other Sections in that Regulation, respecting decisions given against the collector, to be held applicable—if the Board of Revenue shall not direct an appeal from the Zillah or Provincial Court, to report their reason to the Governor General in Council, who will direct an appeal or not as shall appear proper. Rescinded by C. 2, Section 2, Regulation LI, 1819. Grants forged, antedated, or in any respect altered, declared nul]} and void. Any persons concerned in such fraud, liable to. 4 criminal prosecu- tion. Rescinded by C. 2, Section 2, Regulation II, 1819. Hereditary grants, or such as are declared valid under this Reeu- lation, transferrable by gift, sale, or otherwise ; and persons succeed- ing1793 For trying the validity of titles to rent-free lands. SECTIONS Sisk: CC, Tet: Se@ Sections 11 and 12, Regulation VIII, 1800. Ditto ditto, C. 2d. C. 3d. Ditto ditto. 22d. § Ditto ditto and Re- gulation II, 1816. 23d. 24th, — (62%) Recunation XIX, ing to such grants, to register their names in the Collector’s office within six months. | A record of lands resumed under Section 7, to be kept by the Collector—particulars and manner of each entry to be made. Record of lands resumed under Section 6, also to be kept—per- teculars and manner of each entry. A record of land now subject to the payment of revenue, but which may hereafter be adjudged exempt from public. assessment, to be prepared—particulars and manner of entries, and this rule to apply to old grants renewed by Government. Register of lands held rent-free under grants made previous to the Ist of December 1790, to be farmed every five years—contents and denomination of the register. Board of Revenue to prepare a form of periodical register for the guidance of Collectors. Holders of lands exempt from the payment of revenue under grants prior eS ea aera Se eC ON RIS NG RT TS Ne STR EST owen i .a Pa _ Don giao eta ed . J wr Ga Sd a Sate ars a Td iti ci itt te a dee eae nd entice anieee dane da emameaat nee eT oe ee nek eee nade aod eaten ee ede ee ceclati tne tanilede ces amt sbedaameatanahe “a a Sree eee : ; , For trying the validity of titles to rent-free lands. SECTIONS See Section 10, Regulation VIII, 1800. 25th. 26th. Ditto ditto. See Section 2, Re- gulation LVIII, 1795, and. Section 19, Regulation VIII, 1800. 27th. 28th. 29th. ( 64 ) ReGuLATION XIX. prior to the Ist December 1790, allowed one year to register their title deeds, from the date of the publication specified in the follow- ing Section. o Publication to be made requiring all persons to register their grants. FORM OF PUBLICATION, Lands held under grants not registered within the time prescribed, to be Hable to assessment, unless the Governor General in Council shall admit them on the register after the expiration of that period, sufficient cause being shewn for the non-registry. Grants not registered within the prescribed period, or admitted by the Governor General in Council, to be considered invalid. Registry of lands not to be considered an admission of the posses- sor’s proprietory right in the soil; or of his tithe to hold the lands — exempt from the payment of revenue. Collectors to prepare the register on the expiration of the period limited for the registry of grants,;—the book of registry how paged and attested. Second1793 for trying the validity of titles to rent-free lands. SECTIONS 30th. 3lst. 324, See Section 15, Regulation VIII, 1800. 33d, 34th, 35th, 36th, 37th. 38th. (Ye) Recuiation XIX, Second periodical register to commence with the year 1207 of the current year. Counterpart registers to be kept by the record-keepers. In what languages. Manner in which resumptions and other occurrences, regarding exempted lands, in the intervals between the forming of the periodi- cal registers, are to be recorded. Documents respecting exempted lands to be furnished by Collec. tors of Zillahs from which separations may be made. How such separations and annexations.of exempted lands are to be notified to the Courts of Judicature, Collectors not to allow the register of intermediate mutations to fall in arrears. | Counterpart of such, registers to. be kept by. the native recorde keepers. How errors in the fair copies of the, periodical registers, and regis ters of intermediate resumptions are to be corrected. Similar Beene ere se a ESN RRC ER TT eRe NTE ee yh ae ™, a ‘s eh te oo Se Re Pe a La eSee tm "eae A) af rt tall “43 te 1 syne? Sa oe ae hietdedtel | 1 tailed ee ee oor Poy Re OOo ; red . 7 aR ne 8 at Tl ia ht th RR tamed omnia ie aden os el ieee eee nantes Ue eee coded aie ee, meets een eamee mide deel atin ane mie ead antennae chia onde teal PE hi Se » 5 a . . se a _ : SP ae a F = at A + et: a . 4 $a yi : re 1793 For trying the validity of titles to rent-free lands. SECTIONS 39th. 40th. 41st. 49d, See Section 15, Regulation VIII, 1800. 43d, 44th. ( 66 ) REGULATION XIX, Similar rule to be observed with regard to counterparts of the quinquenial registers, and registers of intermediate resumptions, in the native languages. 7 Persons in possession of disputed grants to be registered as the proprietors. Holders of grants liable to fine for omitting to furnish any in- formation which may be required by Collectors for preparing the registers—and the Board of Revenue to furnish Collectors with all papers and information they may possess regarding the exempted lands in their respective Zillahs. | Collectors to transmit to the Board of Revenue and the Judge, co- pies of each periodical register, and of the quarterly entries in the ‘ register of intermediate mutations—copies also to be furnished by the Board of Revenue to the Sudder Dewanny Adavwlut. The Courts, the Board of Revenue, and Collectors, to be careful to preserve the old periodical registers and registers of intermediate resumptions. | | From what-materials the registers are to be formed. Penaltya =~} © OO For trying the validity of titles to rent-free lands. SECTIONS 45th. A6th. 47th. ' 48th, 49th. ( 67 ) Recuuation XIX. Penalty for any native officer of a Collector receiving money or property on account of the registry of grants. Penalty for private servants of a Collector or of an assistant, con- victed of the offence above specified. | Rules respecting life grants, applicable to grants for a term. Grants made, or confirmed by the superintendents of the late Bazee-zemeen dufter, in Bengal, not to be annulled by this Re- sulation. This Regulation not to extend to Badshayhee grants. See SE ee OR Ne Se nce ee DO EEE Oa ee Te ee 7 aee ae ied py es ” id ~~) loaned ladies | eRe PPT at bs ee a eal: «aie a a de heen Tt I eee te ee =; eos oy Bs cs Ce eet a eed taeda =" re Pe elit aria iniat ath latin ee ee = ll + > be hat aieteetnatiedl é oe iat on: Sk Tet A a et eit Nn ces aol ee oe i in el el rel i ail ed + ha id 2 25 pw m : ot a ~ 7 ea ie 7 rn ‘“ " a a en e mer oe ~ fice for the revenue records in each Zillah. ° img an oO Establish f s is. 3 oe SECTIONS 2d. See Regulation XV, 1797. 3d. See Section 10, Regulation VIII, 1809. (D.) 4th. ota. 6th. “th. 8th. See Section 6, Re- gulation VIII, 1800. ( 68 ) REGULATION XXL An office for keeping the revenue records in the native lan. cuages to be established in each Zillah. Office to be superintended by two record-keepers, to be appointe {ed by the Governor General in Council, and removeable only for mis- - conduct proved to his satisfaction. List of records and accounts to be kept in a book, to be paged and attested by the judge of the Zillah. Keepers of records to endorse and attest upon the back of every paper the number of the page in which it may be entered. : And to be careful that the records are not destroyed by insects, damp, or otherwise. To be liable to dismission, if papers are destroyed, or they cannot give a satisfactory account of them. Keepers of the records to attend to all rules regarding their office prescribed by the Regulations, Pensionsyf’ pensions. Cé O ‘ For determining the continuance or discontinuan SECTIONS Section 2d. 3d. 4th. See Section Regulation XII, 1805, and Section 7, Regulation XXII, 1806. 5th. See Section 3, Re- culation XXII, 1806. 6th. See Reculation I, 1816, 7th, 30, ( 69 ) ReEcuLATION XXIV. Pensions granted by virtue of Sunnuds previous to the Company’s accession to the Dewanny; orsince granted with the sanction of Government, to be continued—if in any case the amount received shall be less than specified in the Sunnud, the former only to be continued. No pensions received without a Sunnud, or granted since the Com- pany’s accession to the Dewanny without the sanction of Govern. ment, to be continued, except on special cases and during the life of the pensioner. Pensions not to be continued to the descendants of original grantees, without the sanction of the Governor General in Council. Claims to pensions to be preferred to the Collector of the Zillah ; and Collector authorized to decide therein to the amount of Rupees 50 per annum, subject to appeal from his decision. Collectors te keep separate proceedings and submit a monthly ab- stract to the Board of Revenue. To submit proceedings on claims to pensions exceeding Rupees 50, with ae Pe Pee ins ms) uae oe ee Ce “ a . is Ba WPI GE . eae Rais al a i ce = et a tn ae PC joined ate See CET 5g Sa ac ai aa ct eens nada!alae teal | tees 7 am‘ . Be aenconson : ; gay co tel on ee ee dl Sill ni ee ail a ee ee a el aah bell a aie le ee Te heed aid Fe eee eae! } i } a ' = oe 3: | ae ae 1793 10S. ° the continuance or discontinuance of pens ining’ For determ ( REGULATION XXIV. 70 ) SECTIONS | | with an opinion thereono the Board of Revenue, for the orders © of the Governor General in Council. ath. Collectors not to pay any pensions not already authorized until : See Section 3, Re-| decreed under Sections 5 or 7, and on passing judgment ‘to report gulation XXII, 1806. to the Board. oth, These rules not applicable to any pensions, except such as hereto- fore paid by the land-holders, and now included in the Jumma, or which were received from the Sayer abolished. loth. Certificates to be granted by Collectors to persons to whom pen- sions may be adjudged—what the certificates to specily. Lith, Also for pensions already authorized. 12th. Register of certificates to be kept. 13th. Pensions to be paid quarterly. 14th. Persons receiving pensions exceeding Rupees 50 per annum, to at- See Section 4, Re- ‘ . : pulation XI, 1813. | tend the Collector in person at stated periods to receive the amount of their respective pensions, unless disabled from attendance by ill- ness, in which case the Collector to take due precautions to prevent imposition 5L793 PENSIONS. EXTENDING THE TERM OF MINORITY. SECTIONS 15th and 16th. 17th, d See Revulation II, 1814, Section 2d, 3d. See Section 2, Re- culation ~X VII, 1805. i Ae Recutation XXVI, imposition ; and if a pension be unclaimed for six months, the Col- lector to ascertain whether the party be in existence. Rescinded by Section 5, Regulation XI, 1813. Courts of Judicature not to take cognizance of claims to pensions —but may hear complaints against a Collector or other person for withholding payment of pensions which may have been adjudged. REGULATION XXVI. Section 28, Regulation X, 1793, rescinded; and the period of minority extended to the 18th year. Above rule to extend to male proprietors of joint undivided es- ‘tates to which a manager is required to be appointed by Section 23, Regulation VIII, 1793.| 1793) SecTIons Sec. Ist to 10th. See Section 31, Regulation XLII, 1805, Regulation 74,3811: 11th 12th. Resumption and abolition of the Sayer and internal duties. eee ee ee eo , te ae a ; f ie f re a 8 td (V2 Recuiation XXVIII. Re-enacting rules passed by the Governor General in Council on various dates for the resumption and abolition of the Sayer duties— and for granting compensation to the land-holders or proprietors of Gunges, &c. ‘ Persons exacting duties of any denomination contrary to the Sayer Regulations of the 11th June, 1790, being declared liable to an ac- tion for damages in the Dewanny Adawlut, the judges to receive all plaints of such exactions, and determine the same within ten days, or aS soon as_ may be practicable; and on proof, to decree the amount to be refunded, with damages equal to double the amount, and all costs of suit, as well as a heavy fine to Government, and if | the property of the offender be insufficient to make good the amount, the Court may commute the fine to imprisonment. | Adjustment of Sayer deductions and compensation to be left to the revenue officers, subject to the confirmation of the Governor General in Council—the Courts of Judicature not to take cog- nizance of such claims, unless payment of ‘compensation ad- judged be withheld—but if withheld pursuant to the orders of Government or the Board of Revenue, the judge, previously to proceeding in the suit, to forward the petition to the Governor GeneralSECTIONS See Regulation II, 1814, i. o RecunaTIon XX VII. General in Council, as directed by Section 11, Regulation Itt, 1793, (D.) who, if he shall deem proper, will afford re- dress without bringing the suit to trial—suits against Governinent. under this Section, to be defended by the Collector, who, if cast, is to report to the Board, that the decision may, if proper, be appealed. Rescinded a @ , ‘3 > et | ce PS . ae 1 : i pt ig oe a ; + 4 A Pe u Ke ef . ee of Mes) | : et +)ee ee kl Cs i i > e a a a ele ln cater ol lee dea ia eee Es ated ee Dill = he SS Sas Ca ic lalla er al a ar eS: , v: : 1793 For the repair of embankments, &c. SECTIONS Sth. 9th, See Section 2, Re- gulation XLVI, . L795. 10th. 11th, 14th. jpection 2d to 7th. C4 RecuLatTion XX XIII, Rescinded by Section 2, Regulation VI, 1806. Advances to be issued to land-holders and farmers for repairing. or making embankments, reservoirs, or water-courses. | | Applications for advances to be made to the Collector, and if not to be answerable. | their sureties. the penalty. any work. pecting the progress and completion of works authorized. and to order them to be complied with. |a proprietor of land, to give security, but if a proprietor, the land Engagements to be executed by persons receiving advances, and - Collector to transmit applications to the Board of Revenue, who are empowered to authorize the Collector to make the advance re- quired ; under a penalty, in case of failure to execute the work. Survey and report of the work to be made, and sent to the Collec- tor by the Tehseeldar, or other Government officer on the spot; : and if not executed according to engagement, the Collector to levy Reports to be made by the Collector to the Board of Revenue res- Board of Revenue empowered to receive applications for advances, And in certain cases may extend the period allowed for completing Allumgahjose! ~ Se) Oo Grants. \ ty of titles to rent-free lands under .Badshayee z wo the valid 2g ryi fort SECTIONS Sec+2d, C. Ist See Regulation XAT, 1805, Regula- tion V, 1813.. Re- culation LY, 1819. C. 2d & 3d. See Section 8, Re- culation XLV, 1805. (D.) C, 4th. ©. 5th, 3d. C. Ist and: 2d. Sth. 5th. ( 702) Recuuation XXXVIL ss Allumgah, Jughire, Ayma, and Muddadmaush, or other Badshayee grants made and possession of obtained previous to the 12th Au- gust 1765, and since held, declared yalid—but if possession not so obtained, or if since resumed, the grant invalid. Corresponding with Clauses 2 and 3, Section 2, Regulation XIX, 1793, but applicable only to Badshayee grants. No part of the preceding Clauses to entitle the heirs of persons, so possessing exempted lands under Badshayee life grants, made previously to the Dewanny, to hold such- lands exempt from the payment of revenue on the death of the present possessor. The present possessors of such life grants prohibited transferring ‘them, or mortgaging the revenue beyond ‘the period of their own lives. Corresponding with the provisions in Clauses 1 and 2, Section 3, Negulation XIX, 1793. Questions regarding the proprietory right to land included in any Badshayee grants to be determined in the Dewanny Adawlut. Collectors to attach the revenue of lands in escheated grants, reporting PRE ee oT eT ee C Rae eee TSE iti) | ae£495 me . Ae a st ‘ a3. i * . . CI F | ae un a | » se . i t LJ 4 a ? a cs i : or z © 4 . 4 : : : i. = 1 : } | i 8 4 i i . 7 . i ; ‘ F ‘ -free lunds under Badshayee Sta) “ : it Grants. For trying the validity of titles to re nT aelcel eal ae hel oe oh —" a i la sr Trea at Rk oi Bi fe 4 = zr - a _, = fs nm at a . Isis : SECTIONS 816 and Regula- tion [JI, 1822. 6th. 7th to 9th. 10th. 11th. & 22th and 13th. See Reeulation 7,| reporting 14th. 15th. See Section. 23, Reculation WITT, 1$00, and Section 19, Regulation V, 1813, and Regula- o {I, 1819, C46. 9 : TWIT Reevuiation XXAVII. © tothe Board of Revenue, who are to obtain the orders of Government regarding the resumption of the grant. Lands included in resumed or expired Badshayee grants to be assessed, andthe revenue tobe paid by the proprietor according | to the Regulations or the Decennial settlement, centained in Regu. lation VIII, 1793. | Rescinded by Clause 2, Section 2, Regulation IT, 1819. Corresponding with Section 15, Regulation AIX, 1793. Rescinded by Clause 2, Section 2, Regulation I, 1819. Corresponding with Sections 17 and 18, Regulation XIX, 1793. Regulation II, 1819. 9) Pee) Rescinded by Clause 2, Section Allumgah, Ayma, and Muddadmaush grants, to be considered hereditary—those and other hereditary grants, which are declared q valid by this Regulation, — or which may be confirmed by Government, may be transferred by gift, sale, or otherwise—pcrsons succeeding to such grants to register their names in the Collector's office, within six months; but no transfer to preclude the land from. assessment if the original title prove invalid—Jaghires to be considered |Bedshayee grants. 16th, SECTIONS Gist & 2d: i7thto 41st. 42d, | pressed in the grant) with the life of the grantee. { Recuiation XXXVI. considered as life tenures only, and to expire (unless otherwise ex- ’ Corresponding with Clauses 1 and 2, Section 21, Regulation XIX, 1793. Ditto ditto, Seetions 22 to 46, Regulation XIX, 1793. This Regulation not to apply to grants not Badshayee. Judicial PRE PA NET CS seks g CRSP oa Bae = Es Bee LSE ee PRE Oe ETHER TET eee nea Oe en Ror a Te Mer Se ee eo RNR ee TS Rae te epee al aia t) | aeos alt ‘* yr ae ; . . - 7 Pe yt ht ut Ree ee nn Teele » re in a olakd fot 4 7 = Pre bd = = - aes “=< a : ee el an ee eee ee monies pee Pe ego nipen ee enen ns Bas ee ge «Me } i t me Tae oe £35 Boy ae ; es é Ee eee’ 1793 ai loans of money by covenanted servants prohibited. h f Uy ; ee + ( ve ) Be evaeane’ | ReGuLarion NXXVIIL Section 2d. & 3d. 4th. 6th. Judicial and revenue officers, and all covenanted servants of the Company, prohibited lending money to proprietors or farmers of Jand or their under-tenants—such loans not recoverable m any Court: of Judicature. Europeans now possessing, or who may hereafter purchase, rent, for occupy lands, without the sanction of the Governor General in Council, liable to be dispossessed at his discretion. Europeans who are not prohibited lending money to proprietors: lof land, &c. on mortgage of an estate or a lease, not to be allowed to have possession of the land, or to have any concern in the col- lections. | Collector to depute an officer to measure the ground which the Governor General in Council may permit an European to hold, and to report when any Europeans may possess themselves of land without authority. Annual statement of lands held by Europeans to be sent by the Collectors to the Board of Revenue by the Ist of January. Rescindedbit 1793] Sections Recutation XLII Sections 2d to 32d} Rescinded by Regulation I, 1904, 33d C. Ist to 14th Ltules respecting the selection and assignment of lands to invalids, the See Section 97. | 285ue of Sunnuds, the succession of heirs of invalids to their Jaghire Regulation I, 1804 a , : 4 a Reoulation it, | lands, and gratuity in money to tnvalids and Seneral superintendance of 1811, and Reeula- -! “jtion XI, 1814, | the establishment. Invalid Establishment. Rescinded . . — — poe a ‘ " cts, se ee tab 8 age | jen ae 2D * F a ee : oe r " oe. eS ee Pe Soe 3 + f40'E Todee antes oe a ee rie yarn -"y oe r 0 o ns Ny gee em a SS , MA ‘ ys miles met ane Pon Dre «Yee , : art yet j SESE CME ee eae ey ERE IRR Cee e ae Pa +4 GS 8 ae A . : OE PEE MMA AY ARE SPS Peeper ERE oe Cee eS A PRs my P a te z pg i ester ce oo - >a thas bets = D ( SECTION e = I ? _ C Section 2d: a iihetn 1 1 eile ee PP a as = a ities 3d and 4th. 5th. See Section 3, Re- culation ILI, 1796, Sections 9 and 14, Regulation I, 1801, Sections 4 and 5, Regulation VY, 1812. eT de ee yn 6th. See Section 14, Regulation J, 1801, ro ee eee C. 2, Section 3, Re- culation XVIII, 1812. 7th. 8th. See Section 2, Re- gulation V, 1812, Section 2, Regula- tion XVIII, 1812. Effect of sales for arrears of revenue on existing engagements. ™ PS =< res e Se ele ot ania ie . _ bs = a ad rr a en ie la eee ee arr oat ral a ot team intneets ani i Be oe ( 80 ) RecuiatTion XLIV. Rescinded by Section 2, Regulation V, 1812. Ditto by Section 3, Regulation XVIII, 1812. On a sale of lands to realize arrears of public revenue, all engages ments subsisting between the proprietors and their dependant Talook- dars, farmers, or Ryots, (excepting those specified in Sections 7 and 8) to be null and void. This Regulation not to prohibit proprietors from disposing of any part of their lands as a dependant Lalook. Nor to effect the Jumma of the Talookdars.which has been de- clared fixed by Section 51, Regulation VIII, 1793. Nor to prohibit grants of leases for any term of years (except to Europeans,) for the purpose of erecting buildings, manufactories, gardens, &c. Copy |1793 For sale of lands in satisfaction of decrees of court. SECTIONS Section 2d. See Regulation {, 1816, and Regula- tion ITT, 1822. 3d. See Section 30, Regulation VII, 1799, and Regula- tion XI, 1822. Ath. 5th. See Section 3, Re- gulation VII, 1799. 6th. See Section 6, Re- gulation V, 1798. 7th. See Section 5, Re- gulation V, 1812. tl x) RecuiatTion XLV. Copy and translation of decrees to be enforced by a sale of Mal- goozaree lands, to be transmitted by the judge to the Board of Reve- nue. The Board to proceed without delay to the sale of such lands of the party as may suffice to make good the amount, and will cause the sale to be made at the presidency, or in the Zillah, as may be most advantageous to the proprietor, reporting to Government all orders for.such sales. Jumma to be apportioned in lands sold conformably to Section 10, Regulation I, 1793. Board of Revenue empowered to direct the Collector to attach the lands ordered to be sold. The expenses of attachment and sale to be defrayed by the proprie- tor. The proprietors of lands may appoint officers to keep counterparts of the attaching Aumeens’ accounts, and Aumeens to collect according to existing engagements, or according to the established raies and usages of the Pergunnah where no engagements exist. Rules in the preceding Section applicable to Tehseeldars or other officers appointed to take charge of lands ordered to be sold. Persons Prey 1 ahel pap heen Wye yt hee Ce ce ce et tl hadi nl a adel all Ce ne ee ta ae f { i 1 at 1 ie ; ye po fi bs oe 1793 SECTIONS 9th. 10th. See Sections 28, and 29, Regulation XII, 1817. See C. 1, Section 29, Regulation VII, 1799, Section 8, Regulation [, 1801, Section 2, Regula- tion XI, 1822, and Section 32, Regu- lation XII, 1817. 11th. See Section 22, Resulation XII, ISI. for sale of lands in satisfaction of decrees of court. See Section 2, Re- guiation XII, 1817. 82. :) Recutation XLV. Persons resisting the attaching officer to be proceeded against by ‘the Collector as directed in Regulation AIV, 1793, against persons who may resist process issued under Section the 5th of that Regula- tion; and all the rules in the said Regulation regarding resistance of process, applicable to persons resisting any attachment issued under Section 5 of this Regulation. Proprietors or farmers who may not attend the Aumeen, or depute an agent duly empowered, with the accounts and information necessary to the adjustment of the Jumma, liable to a daily fine at the discretion of | the Board of Revenue, reporting the amount for the confirmation of the Governor General in Council—the fine to be levied by the same | process as for recovery of arrears of revenue. Proprietors and farmers liable to the same penalty for omitting or refusing to cause the attendance of the Putwaries with accounts necessa- ry for the adjustment of the Jumma, as well as other Zemindary officers where assistance may be required on receiving a written requisition from the Collector for that purpose agreeable to Section 62, Regula- tion VIII, 1793. Public1793 For sale of lands in satisfaction of decrees of Court. XI, 1822, SECTIONS 12th. See Section 29, Re- eye VII, 1799, and Section 10, Re- gulation I, 1801, 13th. See Regulation XII, 1796, and Sec- tions 2 and 14, Re- gulation XI, 1822. 14th. See C. 2 & 3, Sec- tion 14, Regulation 15th. 16th. ( é3 ) RecutatTion XLV. Public notification of the sale to be made. one month previously to the day of sale, and conditions of sale specified in Sections 13 and 14, to be notified by a publication three days prior to the sale. A. deposit of 5 per cent. to be made by the purchaser at the time of sale: to be forfeited in case of failure to make good the pur- chase money, and the lot to be re-sold at the risk of the first purcha- ser, for any deficiency arising from such re-sale, any profit to be carried to the credit of the proprietor. Any purchaser omitting to make the prescribed deposit, or failing to make good any deficiency or expense arising from the re-sale, after being served with a written demand for the amount, similar to that prescribed by Section 3, Regulation XIV, 1793, to be proceeded against as by process for the enforcement of decrees of Court. Purchasers not responsible for arrears or suspensions of revenue unless otherwise stipulated ; such arrears to be paid from the pro- ceeds of the sale or recovered from the property, or by arrest of the person of the former proprietor to whom arrears due from under- tenants prior to the sale, to be recoverable by a suitin the Dewanny Court. The Courts empowered, by a precept to the Collector, to counter- mand or postpone any sale of lands, ordered to be made in satisfaction PRES pee FSS ee a TE PAPO Eee See ee ao oe eae Se Sa ee Cee LAS Ton) Respected ah ci = z e od of ree me © Ee ee eRe eee eee eeen 8 Step eee eT or nee a ra a Peat al ™ rae de, es » TT oy par eeen yee ee ee . ; b 4] aa i ; = bj t i = i i. t : i 4 ze 4 = 2 ; { q ; ; f | poe ees : i t : ; ee Bi, is ” a oor ira Se j— For sale of lands in satisfaction of decrees. at © uo anaemia isin _— of Court. SECTIONS lgth. ( eh ) REGULATION XLV. of a decree; either in the decree being satisfied, or other suffici- ent cause existing, which is to be stated in the precept; and if the sale be postponed, the Court may fix a date for the sale of the lands, and the revenue authorities to contorm to such requisition ofthe Court. The rules in the preceding Sections, applicable to lands held ex. empt from the payment of public revenue. Transfers of lands sold under this Regulation to be registered in. the Collector’s office, as prescribed in Regulations XIX, XXXVII, Jand XLVIII, 1793. Quinguennial,ter of Maleoozaree lands. regis Y ing a quinguennia For form SECTIONS Section 2d. C, Ist. See Regulation VIII, 1800. C. 2d. See Section 13, tegulation VIII, 1800. 3d. 4th. Sth. 6th, C. Ist. C, 2d. ( 25) Recutation XLVIIL Quinguennial register to be prepared of estates paying revenue to Government, and of the Jumma assessed.on each estate. By the term estate isto be understood any land subject to the payment of public revenue, for which a separate engagement may have been entered into with Government. Names of estates to be arranged in alphabetical order. Estates to retain their present names. Estates, the names of which are varied upon a change of proprie- tors, to retain their present names. Proprietors to name their estates in the event of their not having been distinguished by any particular name, or in failure, the Col- lector to name the estate. Distinguishing appellations to be subjoined to the name of each estate. Estates which form specific portions of Zemindarries, &c. to bé stated under the general head of the original estate. Such estates, if not specific portions, not to be registered under the head of the original estate. Parts a) ; BY tat iF 4 Hl & 4 « a a ct sen ec penke S ep - re tet ee Re ae ree SEP ag Ue eet ee RT ee at hy! aed Pao ee ee ah Orewa ~ Ee IE 8d inte dees et Tope ke Sap oe Strate ee Pe = 2ee re) ee Tae ae ail al ele ae al alt tl aaa ole ee bos } i } | } 5 1 i cs a ih Rao te iia Oe ee kee 1793 For forming a quinquennial register of Malgoozaree lands. SECTIONS € C. 4th. See Sec. 11 & 12, C. 5th. § Regulation VIII, 1800. C. 6th. Sth. 9th. 10th. 11th. 12th. 13th. 14th. ( 86 ) Recutation XLVI. Parts of the same estate in different Zillahs for which one engage- ment only has been given, to be registered as Kismuts. Names of the Pergunnahs, villages, &c. in each estate to be specified. | For estates consisting of one or more villages, not comprising a whole Pergunnah, the name of the Pergunnah to be specified. Jumma to be inserted opposite to each estate. Names of the proprietors or farmers of every estate to be simmi- larly inserted. Quinquennial registers in the several Zillahs in Bengal, Behar, and Orissa, when to commence. Registers to be numbered. Size of the paper for the registers. No register to be considered authentic unless paged and signed by the Judge of the Zillah. Counterpart registers to be kept by the native record-keepers, In179 l register of Malzoozarce lands. ing a quinguennia For form 3 15th. See Section 15, Regulation VIII, 1800. 16th. See Section 14, Regulation VIII, 1800. 18th. 19th. 20th, Zist. 22d. ae eet ~ yy wd NE VIII. REGULATION Native Record K cepers. : In what languages the registers to be kept. The manner in which mutations of property in the intervals be- tween the forming of each quinquennial register, are to be re- corded. Documents to be furnished by Collectors of Zillahs from which se- paration may be made. How separations and annexations altering the jurisdictions of the Courts are to.be made known to them. Further rules to be observed in keeping the register of intermedi. ate mutations in property. ne Counterpart of such registry to be kept by the native record- keepers. How errors in the fair copy of the quinquennial register, and in the register of intermediate mutations are to be noted, Similar rule with regard to the counterpart registers kept in the native languages. Where(931 Srerrons For Sorming a quinguennial reg aster of M algoo saree lands. ee ee a ela al ee aon nm str soma ents ign Ate ere nit gran ne mem or ee ee eto. - bo i a ad ars i ; i i ae ae ee Ot te cs Kee 9 Recuiration XLVIITLI. 23d Where the titles to estates are disputed, the party in possession to be registered as proprictor. sath C.st} ‘The Collectors to be furnished through the following channels with the necessary information for making the entries in the register of | mutations of property. c. 24, The Zillah and City Courts are required by Section 9, Regulation | IV, 1793, to transmit to the Collectors copies of decrees sent by the SS Seer a eee oo higher Courts to be enforced, relating to the proprietary right to Malgoozaree lands. c. 3a,| The Board of Revenue to furnish the necessary particulars regard- ing all such lands disposed of by them at public sale. c. ath.| If sold by the Collectors, the information will be derivable from their own office. See Reg. XIX, They will likewise superintend divisions of estates under Regula- 1814 ©, Sth. tion XXV, 1793. See Sections 20 And by Section 10, Regulation I, 1793—private transfers must be and 21, Regulation VIII, 1800. C. 6th. notified. | c. 7th.| And the record-keepers required by Regulation XXXVI, 1793, to notify all transfers of landed property entered in their registers. Proprietors.1793) l register of Malgoozaree lands. Q @ ing a quinquennia For form SECTIONS 25th. 26th. See Sections 15 and 16, Regulation VIL, 1800. 27th. . 28th. 29th. 30th. ey aoe Recuuation XLVIILI. Proprietors, farmers, &c. liable to fine for omitting to furnish, any information that may be required by Collectors for preparing the registers. | Collectors to send duplicates of each quinquennial register to the Board of Revenue—copies also to be furnished to the Courts of Justice. The Courts, the Board of Revenue, and Collectors to be careful to preserve the old quinquennial registers, and registers of mutations. The Board of Revenue to prepare forms of the said registers. From what materials the registers, to commence with the year 1207, and every subsequent register, to be framed. All person at liberty to sue for any landed property registered in the name of another. Courtee eee egreene ety, ee On a ee ee er ee panes cave on~ sie se enn npn pas ate SPI Began igen ae amen SSeS ates ~~ eet a 4 ; bos < ee Rae ee & ee £: a é: fecact a oO Powers vested in the Court of Wards. SECTIONS , Section 2d 3d. 4th. 5th. 6th. ees ( 90) Recuuation L. Court of Wards empowered to adopt such measures as they may deem expedient for the collection of the revenues when the produce of an estate of a disqualified proprietor may be insufiicient to defray the expense of an establishment for its management. Also empowered to invest female proprietors with the management of their estates, when deemed qualified for the charge, reporting to Government any instance in which they may exercise this power. Female proprietors in such case to execute engagements as other - proprietors. Court of Wards empowered to direct that the accounts of managers of an estate situated in different Zillahs, be rendered to the Collector, in whose Zillah the principal part of the estate may be situated. Court of Wards may commit to the charge of one manager small. estates which are contiguous. Proprietors| - 1794 xempting proprietors of land from confinement for arrears. SECTIONS Section 2d. See C. 1, Section 3, Regulation XI, 1822, 3d. 4th to 7th. 8th. 9th to 10th. llth. 12th. ( 91 ) Recutation IIL. Proprietors and farmers of land to pay the Kist of each onte into the Collector’s treasury by the 1st of the ensuing month, without waiting for ats beng demanded. Proprietors of land not liable to be confined for arrears of revenue, except in cases specified in Section 14. Rescinded by Section 22, Regulation VII, 1'799. Sums advanced to proprietors for purposes specified in Section 40, Regulation XIV, 1793, to be recovered as arrears of revenue, Rescinded by Section 22, Regulation VII, 1799. Rescinding Sections 9, 10, 11, 14, and 22, Regulation XIV, 1793; and proprietors and farmers bound to discharge all sums that may be demanded by a Collector, on the part of Government, in the manner prescribed by Section 3, Regulation XIV, 1793, un- der pain of being proceeded against for such sums as arrears. Ifa Collector shall demand any sum of money from a proprietor 1 » ° ® or farmer, on account of arrears of revenue, in the manner prescribed by Section 3, Regulation XIV, 1793; andthe alleged defaulter shall deny, by a writing, addressed to the Collector, the justness of the whole or a part of the demand, but to stay further process, shall comply 9n3='S. LA AT acm eae MRM ae UERILEAE Ieee Sea TER, +. sn mt “ wetter ee. SSR ree eeeMAY BE CONTESTED. DEMANDS TEHSEELDARS. CONFINEMENT OF PROPRIETORS. ee ee ee i of | - e . . ‘a _vaggets ie sae es a) % SECTIONS See Regulation XVII, 1813, and Regulation II, 1814. 13th. See C. 2, Section 23, Regulation VII, 1799. 14th. See C. 5, Section 23, . Regulation VII, 1799. Ce Recuuation III. comply therewith: he shall be at liberty tosuethe Collector in the De- wanny Court for the recovery of the sum which he may consider to have been unjustly taken, and if proved not to have been due, the plaintiff to recover the principal, with interest at 12 per cent. to be paid from the treasury of the Zillah—-the rules in Regulation XIV, 1793, respecting suits mstituted against a Collector for sums receiv- ed on the part of Government, applicable to suits mstituted under this Section. Tehseeldars and other officers appointed to collect the revenue, 70 demand payment of arrears by the same process as prescribed in Sec- tion 3, Regulation XIV, 1793; and if a defaulter shall not dis- charge the arrear within the time allowed, the Tehseeldar,to report she amount to the Collector, who will recover the same by the process prescribed against proprietors paying immediately into the treasury of the Zillah. Proprietors of land liable to confinement for arrears of revenue, if the sale of their landsshall not be sufficient to liquidate the balance due, or if no bidders shall offer for the lands when put up to pale,—when a Collector1794 SECURITY OF OFFICERS OF COLLECTOR. RECOVERY OF PUBLIC MONEY OR ACCOUNTS. SECTIONS 15th, See Regulation II, 1813. 16th. See Sections 2 and 3, Regulation I, 1813. ( 93 ) Recuration III. Collector may confine a proprietor under this Section, in the manner prescribed by Regulation XIV, 1793, he is to report the circum- stance to the Board of Revenue. Collectors to take security for the personal appearance of all of. ficers, in the revenue department, employed under them—when an officer removed or resigning, shall have delivered an account of the charge intrusted to him, the Collector to grant him an acquittal or release. Collectors to demand, in writing, thesurrender of any public money, accounts, or papers, withheld by any of their officers—on failure to comply with the requisition, the Collector to apprehend and convey the party to the Dewanny jail; and the Judge to detain him in con- finement until the sum demanded shall be discharged, or the papers required, shall be delivered up—the property of such persons also liable to attachment by the Collector—how attached if situated on another Zillah—the Board of Revenue may order it to be sold—in the event of the death of the defaulter, the surety to be exonerated, and his heirs proceeded against by a civil action—the suit to be _|carried on at the public expense, under the rules in Regulation XIV, 1793. In ee oats Ee AES EE a? at e ee Se ee ee peg caton PO " Oe TERRE seat a BERN ee ey Sane Th Tn Le ee yt ETE EE ati ie ea ot ee en RS Terme CE Sr eelenis - Agee yee i 5 . > F Be ea ee Fac ita ae are al as ale earn ern ee ica laa aa ie ial eae weet ete ahead oh eee) - ae . - ’ 1794 Recovery of public money or accounts from officers of the Collector. SECTIONS 17th. 18th. 19th. 20th. 1814. D, 2\st. Seé Regulation I, Receuration III. 94 ) In the event of such public officer absconding, the Collector to proceed in like manner against his surety. Collector in what manner to proceed against the surety, in the event of a public officer absconding without having adjusted his accounts, or omitting or refusing to attend for that purpose ; or he may cause the absconding party to be apprehended—the Collec- tor not liable to pay damages, if on inquiry it shall appear that no money was due, or appears in possession of the party. Public officers, or their sureties, confined under the above Section, shall be released on denying the justness of the demand, and giving eood security to institute a suit to try the same within fifteen days, as well as for all costs and damages that may be awarded against them. Or may sue the Collector while under confinement. Collectors to appoint an authorized Vakeel of the Court to de- fend suits instituted against them, under this Regulation ; and the rules in Regulation XIV, 1793, regarding suits instituted against CollectorsRevenue Suits. SECTIONS see Reculation XVII, 1813, and Regulation I, 1818. 22d. See Section ‘13, Regulation VII, 199, ©, 4, Sec- tion 3, Regulation I], 1814, (D) and Section 8, Regu- lation VIII, 1816, (D.) t Recuxiation III. Collectors for sums demanded or received by them on the part of Go- vernment applicable to such suits. The Courts to allot one or more days in the week for the trial of those and other suits relating to matters of rent and revenue.tied eid - —- - errs at aces ne i al re ae ne ena eee *, Ta — bs os ee ae a ns Ca a eet Ree Tie De et ee ea , y : ~ 2 é iy “ rt “¢ Rules relative to Pottahs. Secrions | Section 2d. 3d. Ath. See Sections 2 and 3, Regulation V. 1812. 5th. See Section 3, Re- gulation V, 1812. 6th. See Section 3, Re- gulation V, 1812. See Section 5, Re- gulation V, 1812. "th. a Pottah by Regulation VIII, 1793. ( Recuviation LV. 96 ) The rules in Sections 54, 56, 57, 58, 59, and 61, Regulation VIIL, 1793, not applicable to that portion of Zillah Ramghur which is situated in Behar. Qualification of Secton 62, Regulation VIII, 1793, regarding the district abovementioned. Further period allowed for distributing Pottahs in the Zillah of Purneah and in the Zemindary of Nuddea. In cases in which Ryots refuse to receive the Pottahs prescribed, a notification that Pottahs will be granted, affixed throughout the es- tate of the land-holders, 'to be considered a legal tender. The approbation of the Collector required by Section 58, Re- gulation VIL, 1793, is to extend to the form only—any dispute regard- ing the rate of Pottahs to be determined in the Dewanny Adawlut, according to the rates established in the Pergunnah for lands of the same description. No proprietor entitled to increase the rates on renewal of Pottahs, which may expire or become cancelled under Regulation XLIV, 1793, exceeding the above standard; and Ryots may demand renewal of Pottahs at that rate, in the same manner as they.may demand Rescinding1795 Distraint and sale for recovery of arrears of rent. SECTIONS Section 2d. Re-enacted by Sec- tions 15 and 16, Re- zulation V, 1812. 3d, 4th, 5th, See Sections 6 and 7, Regulation VU, (799. See Section 4, Re- ‘ulation VIT, 1799, Sections 18 and 19, Regulation V, 1812, 6th. te Oe: Recutation XXXYV. Rescinding Sections 9 and i0, and part of Section 8, Regulation XVII, 1793. Distrainers may affix only their signature to writings for attach- ment of property noticed in Section 8, of the above Regulation, instead of both seal and signature as therein prescribed. Rescinding Section 22, Regulation XVII, 1793, andthe fol- lowing Section substituted. Prescribing rules for the sale of distrained property, both on the part of the distrainer and Cauzy who superintend the sale—any person vested with powers of distraint, selling or disposing of distrained pro- perty in any other manner than herein prescribed, to forfeit the arrear and make good the value of the property sold, with all costs of suit to the plaintiff. Rescinding Section 26, Regulation XVII, 1793, and the follow. ing rule enacted in lieu of that Section. Property to be paid for in ready money at the time of sale, and no property to be carried away unpaid for—to be re-sold if the purchaser fail in payment within five days, and the defaulting purchaser liable 5 Pe RN Te beh epee ee ee, ee RTS Tr eget TDR Peal ‘ut Sete RR nee Mr S EE Ree Sea tae Se Peete at OSL ae ea eT os ind ing. ag sain Deca gt occa ER ae Seti ante. ee i: d PO ae as S Ts» ieee ot 2 a a lhe oe ce ee a ee dll seeing anette te ey tm aie ilie” aman anaes Ate AR wayne BE He SOT Co _* a | | . | - | a : / a qty teh ea yy Distraint and Sale, SECTIONS Sth. See Regulation XXIII, 1814, D. and Section 6, Re- gulation VII, 1799. Sth to 20th. GEOR’) : REGULATION XXXV. ba “oe the distrainer, and make | liable to pay 2 penalty of. 10 per cent. to th 4 : io io ood any loss arising from re-sale. : e IN Native commissioners appointed under Regulation XL; 1793) authorized and required to dispose of property under the rules for Cauzies prescribed by Regulation XVII, 1793, but no person vested with the power of disposing of distrained property, to sell for arrears due to himself. Superseded by Section 14, Regulation VII, 1799. Collectorsesumed Lands. © Ors A COMMISSION ON 7 ° £ b for granting to Collec # SECTIONS Se 2eti¢ on od. SEC eo Fang 4th. of iands adjudged liable to. the payment of revenue under | egulation X @ Pp, Z : EON? KNEGULATION L VIII. ° a < Collector to receive’a commission of 25 per cent. on the Jumma - ection ¥ IX, 1793, and’ Section 23, Regulation XXXVIL illah and City Courts to transmit to the Collectors which they may pass, or which may be sent by the Courts to be enforced,-in which the right to, or property » q Est vestoes x aed: ? ! f ay anime evamyr - PAT 41 a nurs QO 4. 4 PNW OS °C . nds, exempt from the payment of public revenue may be al- L egarding Maleoozaree land, which, by Section 9, '/93, the judges are directed to transmit copies of ;and Board of Revenue, are such only as affect the 1 ; } ’ Tr Hye 4a NOS Ale ~ fa igut in or possession of land. RT AT Ber SRY ED exe eed SAREE pS ie A I RE Pi be See SERRE ee EE RET TE IRE ee ene Ty Le Met tt Teele ee ee . iy ae . ‘E SS "I re a ae . t oF ’ Hy Rs og 4 “ . eA ‘ae + i ot oa | i oY : Bt ) Pt Z a H ‘ \ “3 ‘a , LJ eeeid ny Pry nth Gay ARENA ee deedee pen ek on ch aareeeiiieaidiaial ee aan an eat ia ie ee es ' i } 4 , 3 ; pi , i } ¥ Ce aaa’ 1796 Court of Wards. SECTIONS Section 2d. 3d. See Section 9, Re- gulation 1, 1801, and Sections 4 and 5, Regulation V, 1812. .. Tod Recuration III. To prevent Landholders availing themselves of Regulation X, 1793, by transfer of their estates to their minor sons, in order to bring them under the jurisdiction of the Court of Wards, and there- by preclude the sale of the estate for arrears—The ordinary juris- diction of that Court is declared to extend only to such estates as may devolve to disqualified proprietors in the regular course of inhe- ritance. Leases of under farmers, part only of the lands included in which are sold for arrears of revenue, declared cancelled under Section 5, Regulation XLIV, 1793.peo! a Public sale of lands for arrears of Revenue or decrees of Court. SECTIONS Section 2d. See Section 6, Re- culation I, 1801, and Section 2, Re- culation XI, 1822. 3d. See Section 7, Re- gulation I, 1800, and Section 2, Re- gulation XI, 1822. See Section 2, Re- gulation XIX, 1814, Ath. 5th. See Section 25, Regulation V, 1812. ( 10b-) Recuiation V. Lands put up to sale for recovery of arrears of revenue, or in sa- tisfaction of a decree of Court, are to be selected with reference to the amount to be recovered, and are to be as nearly proportioned in value thereto as may be practicable. in cases of public sales, lands separately assessed to be sold in dis- tinct lots, or if not so assessed, if the lands be of considerable extent and easily divisible into distinct lots, this rule to be observed, due re- gard being had to the provisions in Section 10, Regulation I, 1799, and Seciion 8, Regulation XXV, 1793—but no division of an estate into lots to be made, unless advantageous to and conformable to the wishes of the proprietor. In cases in which lands may be sold in separate lots, no more lots to be put up to sale than may suffice to make good the amount to be realized; but if the amount bid for any lot shall exceed the sum due, the entire lot to be sold, and the excess to be paid to the proprietor. The same rule to be observed in all cases of land being put up to sale in one lot, whether the proceeds of the sale shall exceed or fall short of the amount due. Rescinding ae a AL a are Pant eS eee pe ES : rf LA ga RTT LG TRAP ee Po th pe ee é ie ETT NN eR ee Te MERE TL Te aT eT PS ey Ne BTG emia See Ph nw yee) Beate ya * +17 “neTt te Pet : Soak Sena 1h eel ee . Pr late - “4 CS Poa = re) SECTIONS | : : > Qae L¥ Vc [Section od. Rescinding § such . parts of .Section 22, Regulati on WVILII,...1'793; ani. ©,-4,, section 5,: Regu ulation X, 1793, as relate to the disquae ” lification of landed ra on the ground of profligacy of S : | 2 character, and all parts of the said Regulation having reference : . a | a S ee > | thereto. a : 1: ee ee d all vr dine i ad. | No persons to be disqualified on such grou , and all proceedings) ‘ Ss u | x iL 3 | of enquiry to be stopped. S | eee | # “ath. | The cases of persons previously disqualified reserved for the coms - | % > S | sideration of Government, and the Board of Revenue to report all 3 | such cases. iS as 1: Ss sth | The settlement of lands restored to proprietors under this Regula. s ott S tion to be made according to Feat ike ar 1793. ews d Zz A a ‘ . A deposit ™ “ _— - qgesme De ee ee ee eee ne nn eile Neen eee enn ed tent iat ieee me ae { ; BP: 4 ae f fa F a ae Bn es ~huemare! at Lan} Oo leposit on Purchase of Lands. 324, SECTIONS Section 2d, wR a (. 302) ReacuiaTion XII. A deposit of 15 per cent. instead of 5 per cent. to be made by purchasers of lands at public sale, subject to forfeiture in case of the Adan cy or ‘ ‘ : purchase money not being discharged by the stipulated period. Fees, i 4 rd rT 7 7 ri iH . oy ri Bt | a ete tw 7 eis Pee Ba 7 ee Fs Ss B F Fa headed ) F aE Pn a 3 35 54 Peart Le ary, ey, ae ry whee 5 te 4 Ps eee er] 4 re! Ben i J ' Pal Pe PY. 4 H ° 4 on. aa 3 a oor b Pe Sof | — Oe ts Ae Ee me: ey ied oe An eee . o/ oe 2 ei yi. els u y west “ft ee a3 by iy £ th A Meee bh A a Ee? iret: ME sy at | Ff F ne a rae ey oa PA} ak wa me. 5 x a r Pe A | ay a ea 5 a eee Sn aaaoak 7 ia aie ae Pe ai | ie Pn Oye A 9 ee ed a oie ae el eae ea al Pa ner ere had Se ae el | hoe i t 2 a [3 Be : | ; F % a ios mT. area For levying Fees to defray the expense of the Revenue Record Offices. 83d. C. 4th. SrecTIONS Section 2d. C. Ist. ; OG: Ist. : 2d. . od. ( 104 ) REGULATION XY. Fees, according to the following rates, to be levied by Collectors on the registry of union or division of estates or lands. On estates subject to the payment of public revenue 4 Annas per cent. on the annual Jumma. On lands exempt from the payment of public revenue, 2% per cent. on the annual produce of the property included in the union or di- vision. ! Fees, according to the following rates to be levied on the registry of transfers of lands by deed of gift, sale, or otherwise. If the lands be subject to the payment of revenue, 4 Annas per cent. on the annual Jumma. If exempt from the payment of revenue, 24 per cent. on the amount annual produce of lands transferred. Explanation of the terms annual Jumma payable to Government, }and annual produce of lands exempt from the payment of revenue |—proprietors bound to produce accounts necessary to ascertain the amountbosened! ak fo ~} For levying Fees to defray the expense of the Revenue Record Office. SECTIONS 5th, 6th. 7th. 8th. 9th. (° 105 ) RecuLation XV. amount produce under penalty of a daily fine until produced—the amount of the fine to be regulated at the discretion of the Board. Payment of fees and fines levied under this Regulation to be en- forced by the same process as for realization of arrears of revenue. Fee payable under this Regulation not to exceed Rupees 100 for any registry of division, union, or transfer of landed property. Fees payable under Section 2d to be paid by the party who are liable to the charge of division under the rules prescribed in Regula- tion XXV, 1793, or Regulation XXVI, 1795—or if the lands be exempt fromthe payment of revenue, the fees to be paid by the parties, in whose names the property may be registered, in proportion to their respective interests therein. The fees on transfers of landed property, tobe paid by the party to whom the property may be registered. All sums received by Collectors under this Regulation to be carri- ed to the account of Government, and the Collectors to grant receipts. Powers Mee 0 = : ‘ = : 123 s pete a ae 5 Ee oe ay a ae er a ya ate eee a= ma eye oo aoe 5 ‘ seks ; ‘ RE Re tree PR MES oh Tee ee RENEE PR TE SNE LS Lee pent Se PST Ee ale ho aia a = eee Tn Roe oe eee ere es E. Spe Se aay eer 5 a Sa San ; ¢ i Ri \ Pea elie « ~~" a) Se sree aoe eeee ene ne en nie al il eel ot aie ee ee Pa ie aS x “ teehee i i i i t F 4 H Oe i F f e ie Ee Oe For the Realization of Arrears of Rent by Proprietors and Farmers of. Land. SECTIONS been ~I O Yo) Section 2d. Regulation Vy. 1812. 3d. 4th. 106 ) Recuration VII. Powers of distraint for arrears of rent, may be delegated to an See Section 14/agent, who may levy distress, subject to his own responsibility in addition to that of his principal for any wilful deviation from the Regulations—but except such deviation be wilful, no penalty to be adjudged by the Court, but merely satisfaction for actual damages, and not that, if the distrainer shall have tendered amends. Part of Section 5, Regulation XVII, 1793, rescinded, and under- jtenants to be considered defaulters for rent withheld beyond the day on which it may have been payable, either by their engagements, or (where none exist) by established usage—for all such arrears not paid on demand, immediate distress may be levied—also on the property of the surety; but distress must not be excessive, in proportion to the | arrear; not to be levied on the property of the surety, until payment of the arrear has been ineffectually demanded from the defaulter, if he be forthcoming. Instead of 15 days notice, as prescribed by Section 8, Regulation XVII, 1793, and Section 5, Regulation XXXV, 1795 ; after notice has been given to the defaulter of the demand and intention to distrain,~) of Arrears of Reni by Proprietors and Farmers of Land. 101.0 forthe Realizat gg SECTIONS See Section 15 to 19, Regulation V, 1812, 5th. 6th. See Section 2d, and C, Ist. Section 3, and Section 55, Regulation XXIII, 1814, D. 7th. Ditto ditto. e167) VIL. REGULATION distrain, an inventory of property may be transmitted to the nearest officer authorized to sell distrained property, with a ‘written request that he will cause the same to be sold—the sale to be made as early as possi- ble after the expiration of five days, from the date of attachment—no. tice to be given to Commercial Residents and Salt Agents as soon as possible after attaching the property of Weavers or Molungees; and previous to proceeding to a sale, a sufficient time to be allowed to satisfy, the demand—notice may also be given to a native superin- tending agent of a factory or Salt Chokey. Commission of 1 Anna on the Rupee to be drawn by officers au- thorized to sell distrained property on the amount proceeds of the sale ; and such officers liable to dismissal and further penalties for misconduct or collusion with the distrainer. No Cauzies but such as are also Commissioners, under Reeulation XL, 1793, authorized to sell distrained property—Commissions to be granted by the Judge of the Zillah Courts. FORM OF COMMISSION. Commussioners for the trial of suits, and Tehseeldars appointed by Collectors ae oe SF egies pe od ee ET ET Eee ee gists adnate dS Ds NON Rie aaiccttn vases lang Rca ke BUTEA Odie LEDEAEI LAL AEBRBCRRa eae . pie ae tadtn iil ns ai nie eaten eal en ini naar Dahle hie atk ieee to iga SH ah a litt at a ih a oh ee a tat nt nd ne ae OR TT Tn es aie ple teh, tae mein eta eh nema teal net 5 eile atte ln nil eh ol il atin ei en eae fe: . . ‘ , #799 ° a Be ‘ # AR nh AC a we ld. For the Realization of Arrears of Rent by Proprietors and Farmers of Land | | oa] [Or ot DECTIONS 18th. See Section 3, Re-| ulation XML See Section 2d. 1814, (D.) Ldth, C. Ist. 110 Recuxiation VIL. Section 34, Regulation XVII, 1793, and Section 22, Reculation : 5 Cy Q III, 1793, tosbe strictly observed bic the Civil Courts—Section 33, Regulation XVII, 1793, not to restrict Commissioners from taking cognizance of suits of the description therein specified d under Rs, 50, whether preferred to them in the first instance in capacity of Moonsiffs, whether pre) y ‘ or referred by the Judge. Sections 9 to 20, inclusive of Reculation XXXV, 1793, super- seded, and the following provisions enacted in lieu thereof. Any land-holder or farmer, to whom an arrear of rent may be due from an under-tenant, which cannot be realized by distress, may cause the arrest of the defaulter and his surety in the manner following. Regulation XXII, Petition of arrest is to be presented to the Judge of the Zillah, or | (in case the defaulter shall be about to abscond) to the native com- missioner appointed under Regulation XL, 1793—what particu- lars to be set forth in the petition—the Commissioner to arrest the) defaulter and his surety, and convey them, within 24 hours, to the Judge of the Zillah—to be dealt with as hereafter directed—im what cases the defaulter may be detained in custody by the Commis- sioner exceeding the period above limited. If| 1C= Prop of & f La 2 of Arrears of Rent b 10? - the Realizat Fo 189 d. } u a tors and Farmers o See Section 4, Re- igulation II, 1805. C. 3d, See See XIV, 1824. SECTIONS Section 14, Regulation XXII, 1814, C. 4th.) Regulation! | . | | | (aaa Recuuation VIEL (9 o/ 5% i. 3 If the petition of arrest be presented to the Judge in tl ance, a Dustuck to be issued by two Peons for t] le first ins. 1e arrest of the party, who is to be conv eyed to the jail, unless he pay the arrear demanded , Oo“ : within 24 hours—but.a further period may, in certain cases, be allow- ed for adj usting the demand, and the arrest to be withdrawn when tl Le party, at whose instance it shall have been issue 2d, sh in writing to be satisfied—rate of Lullubana established in Section 3, Regulation XIV, 1793, to be allowed Peons. A summary enquiry to be made by the Judge on tl brought before him, 1e party bei ne under either of the two preceding claus eCS——— vouchers and accounts of the parties to be examined, or the Jud refer the case to the Collector Jor adjustment and report, as authorized by Section 13, Regulation VIII, 1794. oe WI? a © su j==adl PA > all declare himself Uy Pert pee Pee eee eeehebehLLCeal ert rerare pert ee —— Se OE EC eee I A TS OR, * ee Pe phale k a r eat Te ey eT ee va Oy oz aera EeaT c© ©, See For the Realization of Arrears of Rent by Proprietors and Farmers of Land. Sep ah ge RE wr, 7 ‘ Gas Fs at i ha ST lel eee eee Le Se ae eee nar Oe ere eee on ee . ” : Rn lt ai i i OLE ELE LAL LE LIE ELLE LEE LLG LEI A I I I en ee eel ee adel a ov, A “ at ™ a? . , F f ‘ F . ¢ SECTIONS C. 5th. Section Regulation I, 1806, (D.) C. 6th. Section 18, VIII, See Regulation 1819. 12, (112) BRecutation VII. | If, from the result of the summary enquiry by the Judge or the Collector’s report, no arrear shall appear to be due, or the demand shall have been wilfully mis-stated, the defendant to be discharged | with full costs and damages, otherwise to be kept in close custody until he pay the arrear due with all costs and interest, or until the plaintiff make application for his release—subsistence allowance to % be paid by the plaintiff to defendant whilst confined at his suite as 7 fixed by Section 8, Regulation IV, 1793. | On the confinement of a defaulter, under the above provisions, a proprietor or farmer, to whom the arrear may be due, may attach his ¥ tenure, and collect therefrom the arrears of rent due, with interest— : but not to make any undue exactions of rent from the cultivators | or under-tenants beyond what the defaulter would have been entitled ™ to receive (cases of collusion or illegality excepted) and attachment § | to be withdrawn on payment of the arrear within the year, and an § account of all collections and disbursements to be rendered to the ® defaulter. What further measures may be pursued by proprietors and farmers forof ee by Proprietors and Farmers of Land. Arrears 0 a he Realization of = TS: ae For t SECTIONS C. 8th. o of under-farmers, if looks may be brought to sale on application to the ti Recuxuation VIL C 8 ; ; 4 4 i . 1? » for the security of their future rents, if the arrears due to them-from a defaulter confined be not liquidated within the current year—lease unexpired, may be annulled—dep Et kK a- endant Dewanny Court —or defaulting tenants, having a right of occupancy only, subject to the payment of a stipulated rent, may be removed from their te- nures*, and engagemnts taken from others—for such purposes any application to the Courts unnecessary*; but in the exercise of such powers, land-holders and farmers to be responsible for any infringe- ment of the rights of under-tenants, and liable to be sued for costs and damages for any violation of such rights. 7 every description of land-holder and tenant when eet brought oO before them, whether ascertainable by written engagements, or defined by the Regulations, or dependant upon general or local usage—but land-holders are permitted to summon and co! npel the attenda1 of under-tenants * Query—Can an under-tenant be removed from his tenure without a judg: ment of the Court, regular or summary, if he deny that ae is a defaulter and refuse to quit his tenure ? See Section 4 4, Regulation V,1Siz. &y / Stitt | 1 ieee m Baines Farmers 0 yy Proprietors and a ee 7 f Arrears 0 e ligat fy A vv For the Re od oad ana re ri alee atl aii ell aie Pe es ee ee tent ce oP zon O 4 1a ) Recuitation VII. under-tenants, for the adjustment of their rents, for the measure ment of their lands, or any other legal purpose, subject to a penalty for any abuse of that power—the provisions for the execution of en- cagements and for eranting receipts for payment of rent, contained in Regulation VIII, 1793, to be pointed out to the Fotibiais XC. ‘by the Courts on all occasions—dependant Talookdars required to re- gister in the Sudder Cutchery of the Zemindarry, all tr: ansfers by sale, gift, or otherwise—but the written consent of the Zemindar to be obtained to any separate distribution of Jumma payable to him with- out which the entire Talook to remain responsible. Persons confined under C. 5; of the preceding Section, may ins- titute a regular suit to try the justice of the demand, and may reco- ver full costs and damages from the party by whom they may have been confined—or if the demand sh: all have been discharged and afterwards found not due, the plaintiff she all be entitled to a similar | judgment with interest. | Claims ba on a summary enquiry may be regularly prosecuted ; |in the Dewanny Court, and judgment to be given if such claims be established on a regular suit. SumMMaryby Proprietors and Farmers of _ For the Realization of ‘Arrears of Rent foamed ~t © © Land. SECTIONS 18th, See Sections 13 and 18, Regulation I,1814, and Sec. tion 20, Regulation XXVI, 1814. (D.) 19th. 20th. See C. 2d, Section 4, Regulation II, 1805. Z1st. } € i Reeuiation VII. Summary judgments under Section 15, not open to appeal—ins¢z. tution fee, and fee on exhibits not to be levied on summary processes —but the rules concerning stampt paper applicable. Rules in the preceding Sections applicable to managers of estates of disqualified land-holders, and of joint undivided estates, as well as to officers of Government holding lands on attachment, or under Khas collections. The foregoing provisions for the Zillahs to be in force in the Ci- A , ties of Dacca, Patna and Moorshedabad, the provisions in Section 15, are also declared to extend as far as may be applicable to Mofus- sil Amlah, or native agents of land-holders or farmers employed in | the collection of their rents, against whom such land-holders or farm- ers may have any demand for money or accounts embezzled or with- held, and such persons may be proceeded against by summary pro- cess of arrest and confinement. | Punctuality expected on the payment of the public revenues under the powers vested in land-holders, and with a view to which the fol- lowing provisions are enacted, Rescinding MET PRIS ee nL rot helt Pine te ee eeepe ~ co Yo SECTIONS 22d. 23d, C. Ist. See C. 2d and 3d, (is 4) Recurtation VII. Rescinding Sections 4, 5, 6, 7, 9; and 10, Regulation ITI, 1794. Interest to be levied by the Collector on sissies opeemee Net paid on the day due—unless he shall see any reason to exempt the defaulter from such demand ; in which case, report the circumstances ke ao ee ee amen Section 28, Regu- lation V, 1812. See Section 2, Re- culation XVIII, 1814, and C. 2d, and Section 7, Re- culation XJ, 1822, CO. 24, See Section 2, Re- culation I, 1801. to the Board for orders. Requisition to be immediately made for the payment of any arrear of revenue which may be undischarged on the first day of the month succeeding that for which it may be due—process, if the arrear be not paid with interest—the estate, or a portion thereof to be immediate- Attachment of Lands for Arrears of Public Revenue. eal al ee ee eee rea eal ae a eae Se en eee = a iy . F a r : oa ly aitached—farms to be attached, and farmers and their sureties to be arrested, as prescribed by Sections 5 and 6, Regulation XIV, 1793— ' but this rule not to supersede Section 13, Regulation III, 1794, with respect to proprietors or farmers of land paying their revenue to a Tehseeldar, or other Mofussil officer, who is thereby required to de- /mand payment of any arrear, and to report to the Collector if the ar- rears be not liquidated —If the Collector shall see reason to believe | that |‘L799 we Attachment of Lands for Arrears of Public Revenue. SECTIONS See C. Ist, Section 3,- Regulation XI, 1822, C. 3d. See Section 4, Re- gulation V, 1812. f. tie. 4 Recuitation VII, that the defaulting farmer or his surety is about to abscond, may is. sue process of arrest prescribed in Section 5, Regulation XIV, 1793, without the previous demand directed in Seetion 3, Regulation XIV, 1793, or, under like circumstances, the Tehseeldar may arrest the defaulter or his surety without the delay of the previous-report pres- cribed by Section 13, Regulation III, 1794, and cause the parties arrested to be conveyed to the Collector, who may keep the default- er in custody of Peons for the adjustment of the demand, not ex- ceeding ten days, at: the expiration of which period, if the demand be not discharged, the defaulter to be sent to jail. Attachments under the preceding clause to be withdrawn, if the ar- rear due, with interest, be discharged within the current year ; in such case, an account to be rendered of all receipts and disbursements— during attachment all receipts from the attached lands, after payment of the establishment, entertained under Section 6, Regulation XIV, 1'793, to be carried to the credit of defaulter during the current year; in discharge of the arrear and interest due from him—provisions in Section 6, Regulation XIV, 1793, to be in full force, except that the attaching officer is not to collect according to any engagements which are evidently collusive, but in such case to collect according to the established ee ea SEO Pen ees eee EE ee EE ER Ee Ee eS ae Ra i SEAS Prater RPE yy Ny Sent Pt PE he eT EY Ane ESPN Ee Sone Tg RTE TA TL CS TS eet AG ene eth) Ts 5 aa Saati Sas aa A Re al an A as A a ncn peoLond Was. ra ~ «" ete | 1. pied 5 — Prat Pe ha a 2 eal ee ee ee er ed Attachment and Sale of Lands for Arrears of Public Revenue. SS Serr Peegeapnamnceparerdmets a md oe et ew 5 ‘a Se le eet ee ee ee — “ 2k A tl aa ore ea ne ne a ie el iat eel ee ain ea Dee ee : a ; 4 tig / . 7 3 x P . oe SECTIONS See Sections 5 to} 10, Regulation V, 1812. C. 4th. 'Rescinded. Section 2, Regulation XII, 1817. See Section 3, Re- culation I, 1801 and Section 2, Re. culation XI, 1822. ™ pal &, oth. Cones Recuiation VII. established rates of the Pergunnah, as in cases where no engage- ments exist—anticipation of rents prohibited in cases of attachment, and no credit to be allowed for any payments of rent which may be made after notification of attachment shallhave been made, until such attachment shall have been withdrawn—proclamation of attachment to be publicly made throughout the attached lands. Accounts to be furnished by. Putwarries in cases of attachment, and Collectors to enforce the appointment of Putwarries as required by Section 62, Regulation VIII, 1793—proprietors themselves to fur- | nish accounts of small estates—defaulting proprietors and farmers of lands attached to furnish the Collector with any accounts required: from them in their possession, and to cause their agents to attend the Collector at his office ; or will be Hable to a fine, on the Collector’s re- 4 port to the Board, or imprisonment. Arrears due from land-holdersat the close of the year to be reported tot 799] SECTIONS Recovery of Arrears of Revenue from Farmers. | Regulation _ XI, and 6, Reculation XI, 1822. C. 6th. See Regulation See Sections 2, 3, to the Board of Revenue, with a statement of lands for sale, and any ( 119 ) Recunation VIL ’ balance is to be liquidated from the defaulter’s other property if the sale of lands shall not discharge the arrear; or by the eventual im- prisonment of the defaulter. Arrears due from farmers at the close of the year, to be recovered | by a sale of their property and that of their sureties, and the de- faulters lease may be annulled, or may be held to his engagements, at the option of the Governor General in Council.—If the lease be annulled, the defaulter, after payment of the arrear due to Govern. ment, may sue for any arrears of rent due to himself on account of the Vill, 1814, and 1822, See Section 2, Re. gulation I, 1801, C. 7th. period that his lease remained in force, provision in Section 24, Re- gulation XIV, 1793, respecting the attachment of lands of sureties, of farmers and proprietors to remain in force—and the rule extended to the landed property of defaulting farmers, subject to the provisions in this Regulation for withdrawing attachment on payment of the arrear. | Discretion allowed -the Collector in cases of calamity of season by Section 8, Regulation XIV, 1793, to continue in force~the Board of Revenue, : EE ee aCe eRe ee eee ie . Ea ene RET oe Tee EDS T TEE ae alt ee Cee ce ee ere torevd Canamr ORY QA hy Saw AAUAND Set aes ee en py a qenten oe mm Ce ee ee eT Superseded by C. Ist, Section 6, Re- culation XI, 1822. SUSPENSIONS OF KISTS. Oe ed oe RESISTANCE OF REVENUE PROCESS. Prtures. “oy el SR Gi nee . ; a age ~ SN a a a a a el 7 fe: ; . i a ee es sheen aie ae ne er et ee ee : iy * & a 120 Becuiation VII. Revenue, may suspend the demand of the current Kists, as well as_ the interest, but not at liberty to grant any ultimate remission of Jumma without the sanction of the Governor General in Council as directed in Section 43, Regulation II, 1793. The Governor General in Council reserves the power of ordering the sale of lands for the recovery of arrears of Revenue ai any period. | within the current year. The provisions contained in Sections 15 to 21, Regulation XIV, | 1793, against disobedience or resistance of process by defaulting pro- | prietors, farmers or their sureties, applicable to cases of resistance to process authorized by this Regulation—but under the provision contained in Section 2, Regulation V, 1798, appeals to the Sudder Dewanny Adawlut from the judgments of the provincial Courts, toy be limited to the amount of Rupees 5,000 instead of Rupees 1,000, as antecedent to the enactment of that Regulation. When lands are attached by a Collector or held Khas under any |; Regulation authorizing the same, the Collector empowered to proceed against‘eo \ Recovery of Arrears from defaulting Under-tenants. SECTIONS 26th. 27th, Recuriation VIL. against defaulting Under-renters or their sureties, in the same manner as authorized by Section 23d against Sudder farmers or their sureties —and in such cases may issue the process directed in Section 5, Re- gulation XIV, 1793, on report of the Tehseeldar ; or the Tehseeldar may himself arrest the defaulter and convey him to the Collector agreeably to Section 23d.—But the Collector previously to delivering him over tothe Judge for custody in the Dewanny Jail, may detain him under charge of peons, until he shall ascertain whether the de- mand is just, although the time required should exceed ten days. Preceding Sections to apply to estates under the Court of Wards, Section 8, Regulation X, 1793, relating to the Selection of Serber- rakars rescinded.—Managers of such estates to be hereafter selected by the Collector and approved by the Board without regard to their affinity to the proprietors; and the Collector to be responsible for their conduct. Restriction contained in Section 48, Regulation XIV, 1793, res- pecting the confinement of joint proprietors of estates under the charge es = 5 Pr 3 ma outs aK — ots pars : - “ . aoe aS gi e ais * ro aS ae ¢ x ns 5 apie fi . Y Pe ay er et ee Cs Sales or ~ Sy t= te ag PE tee tome Fie erly - + gens go h-4 268 5. “ots ae ee ens Lee tie ay ee eee vs oe pant eee eee Oca kN ee ee AN ga Or EL Rr Lt eee BES REE LAE te ae or Se hoy i ¥ %, * 4 Sl ee eae a 7 ERE eee SE ate ea ae ae ar . ; xe F Pree ane Bee | : i \ 4 aes |e8enen ee a2 7t a ae je Sw as aa oe spananweentes iene Pas ed Pm Dire tee see " ? ; : H - t ; t : ; i ; i ‘ ; i ® is 7 | Fy ‘ ; | 1 | i Be | Te a ae ra Sa 4 | faa - 1799 Allotment of Jumma on Public Sales of Land. |See ditto ditto, and SECTIONS Modified, see Sec- tions 2 & 3, Regu- lation X VII, 1800. 98th. Rescinded Section 2, Regulation XI, 1822. See Section 8, Re- culation I, 1801. 29th C. Ist. See Section 8, Re- gulation I, 1801, Section 5,. ditto, Section 2, Regula- tion XII, 1817. C. 2d to 5th. 30th. ae ( 122. ) 4 Recguiation VII. charge of the Court of Wards, as wellas against the confinement of the persons of disqualified proprietors of every description ¢o remain in force. All sales of land to be made according to the rules contained m Seciions 26, 27, and 28, Regulation XIV, 1'793, and Regulation V . and XI, 1796, and allotment of Jumma to be made conformably to Section 10, Regulation I, 1793, as well as in cases of transfer or di- vision. Section 10, Regulation XLV, 1793, extended to the production of accounts required by the Collector jor the allotment of Jumma in cases of sales of land forthe recovery of arrears of revenue, and landholders or farmers responsible for the fidelity and accuracy of accounts delivered by themselves or their agents, under the prescribed penalties for any fabrications or alicration with their connivance. Rescinded by Section 2, Regulation XT, 1822. The Board of Revenue to conduct the sales of land under the Re- gulations—Points to be attended to by the Board—the Collectors to : propose,ATTACHING ESTABLISHMENT. REVENUE BOARD. SECTIONS dl st, ( ")ge3) Recuiation VII. propose, and the Board of Revenue to approve establishments of officers to be employed during the attachment of the lands —the Collector not to propose larger establishments or allow- ances than necessary.—The Collectors also to nominate and the Board to approve the principal officers to be employed in the ma- nagement of lands under attachment, with their sureties—and Col- lectors to be held responsible for the qualifications and character of persons so employed; or in charge of Khas collections. The Board of Revenue to be guided in the execution of their du. ties by any special orders of the Governor General in Couneil, to whom they are to apply in all cases unprovided for by the Regula- tions ; or may propose a new Regulation in the form prescribed by Regulation XLI. 1793.—Collectors also authorized to propose new Regulations to the Board of Revenue who are to forward the same to Government with their sentiments. Zillah A rc ke SER Ta eR SS a OO eee sii tial aia a a a ee ee er Tat te ee eae PETE TE = Es ee ee ee ES noe eee = one Eanes - ( a : 5 4 4 mi: a eieh¢ee ee Appointment of Guardians to disqualified Land-holders by Zillah | Judges. ede ee Nak all Da lial i laa leat aeiaall Fala. samienaiaita samme emma sl eatin «nin ae nel a eee ee ) ; i 4 E i y Bs a : a he meets ; SEcTIONS Section Ist. See Sections 26 and 27, Regulation VY. 1812. 2d. 3d. 4th. : 5th. Rescinded by Re- eulation XVII. 1805. 6th. ( 1a Recuiarion I. Zillah Judges authorized on certain cases, upon a report from the undivided estates not subject to the sauthority of the Court of Wards. : “han " | Qualifications to be attended to in the selection of a Guardian 3 but not to be entrusted to the legal heir of the ward—or other per- son interested in outliving him. Compensation to the guardian for his trouble, when necessary, to be fixed by the Judge. Guardians so appointed to be furnished with commissions, and to give security for their appearance also to execute an obligation. FORM OF OBLIGATION. Duties to be performed by guardians in regard to the ward—to vote in the election of a manager for a joint estate conformably to Sec- tions 23 and 24, Regulation VIII. 1793. Estates under charge of a manager elected under this Regulation, liable to be sold for arrears of revenue. Persons(tease) 1800} Sections f Recuuation I. 5 7th, Persons agerieved by any act done by a Judge under this Regu- lation, may petition the Judge, or the Sudder Dewanny Adawlut,— and the Judge to certify his proceedings to that Court with English translations. Collectorsee eee: - se OPER Att Ow Et One! et ew ee ee Ca ce ned bei : ee ee ee ee aed bil eel aie eediad Cee en athe anne, nie hie oie ce eee E : be H F ae a iS “ ri “¢ oP" oe faa 1200 For Forming a General Pergunnah Registry of Lands. SECTIONS Section 2d. 3d GC. ist. C. 2d. See C, Ist Section 9, Regulation xv,l 1816, C. 3d. C.. 4th. 4th. See Sections 10 and 11, Regulation XII, 1805. dth. ( 196 -) & Recutation VIII. Collectors to form a Register of all lands in their respective dis- tricts of whatever description, to be denominated ‘ Pergunnah Ke- gister of lands Malguzaree and Lakhrage’. The Register to contain a distinct head for each Pergunnah or such other local division as may be established. The Register of each division to be divided into two parts, for Malgoozaree and Lakhraje lands. | Specification of particulars to be contained in the Malgoozaree part | of the Register. Specification of particulars to be contained in the Lakhraje part | of the Register. The first general Pergunnah Register to be prepared for 1207, the « second to be prepared at the commencement of 1212—and subse- | quently, at the commencement of every fifth year. 3 Intermediate Pergunnah Registers to be kept for alterations between the periods prescribed for forming the general Registers— > recording all |fool 16.9) © O For Forming a General Perzunnah Register of Lands. a a ath “= é SECTIONS ‘6th. 7th. oO (* lew ) Recuiation VIII. Registers.—But no transfer or division to: be Registered until the Jumma has been allotted in conformity with the provisions in Section 10 Regulation I, 1793; nor any entry in the Register to affect the rights of Government. The Board of Revenue to furnish the Collectors with forms of Re- gisters, which are to be kept in the Persian language by the native record keepers appointed under Regulation XXI, 1793; and each page to be attested by the Collector.—The intermediate Register not to be allowed to fall in arrear, From what materials the general Registers are to be prepared s and how the materials not already received are to be procured.—But Collectors are not to require information respecting the rents or measurement of Malgoozaree lands, or the rents of Lakhraje lands— such information being obtained only when occasional opportunities may offer under Khas management, attachment, or other such means. From 5 ie eit ‘ ed ae | eet a ae 4 | ah ibe | a ae | - | 4 a o art | aN ae | ees i : eat it f me | } ag ee, Bee % i 5 a i 1 ake Padeee ee ee een ai He “ i te ie tank eine ee atin eae ia al en ees " Othe en eeee nema erwes bos L | a E be ‘ é ae F 4 4 7] 1800 For Forming a General Pergunnah Register of Lands. SECTIONS 8th. 9th. 10th. 11th. ( Recuxiation VIII. 128 ) From what materials the intermediate Registers are to be formed —and any further requisite information to be procured as prescribed in the preceding Section. Measures to be taken by Collectors to render their general Regis- ters complete; and no change ‘in the existing limits of Pergunnahs to be made without the previous sanction of Government ; but this restriction not to preclude the Collector from re-annexing to their proper Pergunnahs and Mehals separated since 1197 Copies of entries on the Registers to be sent by one Collector to the other in case of lands being separated from one Zillah and an- nexed to another. Certain parts of Regulations XIX, XXXVIJ, and XLVIII, 1798, and Regulations XIX, XLI, and XLII, 1795; respecting the spe- cification of names of villages, or other sub-divisons, rescinded— and the names of Pergunnahs and number of villages only to be in- serted in future Registers.— The Collectors to be careful that the namesfpuseced OO © © for Forming. a General Pergunnah Register of Lands. SECTIONS 12th. 18th. 14th, (» 129 ) Recuuation VIII, names of Pergunnahs or local divisions and number of villages stated to be in each, are conformable to the Pergunnah Registers —any mistakes which may occur in the Registers are to be cor- rected in the manner prescribed in the Regulations above noticed. Further parts of the said Regulations respecting the insertion of the measurements and rents of lands rescinded. The term ‘ Estate’ is hereby declared to mean any land subject tothe payment of revenue, for which a separate engagement may have been executed to Government by the proprietor, or by a farmer, or which may have been separately assessed with the public revenue although no engagement shall have been executed to Government, as in cases of estates held Khas by a Sezawal or other officer on the part of Government; or managed by a Serberrakar for the benefit of'a disqualified proprietor. | All alterations in the annual revenue, with the particulars thereof, to AES PT RT ARON SR ee te Rraves nee Poaeowias eeadeiicaracscaceleasay s ; ey : I nh Fs . * ' See ao Cee aie ety Beet ; : FSS tee RL TR REN Se a a : Sabla gE ian Sts Seen ac TO RR pe haa a . of eee a ae“ Wag SES pei Fat ele er rte a een ean nine tie eet ene eae ieee eel DE Ee a a aii teint iat ahi nln anh see ee —_—_ 3 + . go” Ee Sf 1800 For Forming a General Pergunnah Register of Lands. ts =< SECTIO 15th. 16th, t wo 7) {( 3ae0> 4 Recutation VIII. to be inserted in the Register of intermediate mutations pre- scribed by Sec. XVI, Reg. XLVIII, 1793, and Reg. XIX, 1795. Such parts of Regulations KIX. and XXXVII. and XLVUL 1793, and Regulations XIX. XLI. and XLII. 1795, as direct coun- terparts of the Registers to be kept in the Bengal and Hindostannee languages, and copies thereof to be furnished to the Courts of Jus- tice, rescinded—and when the Courts may have occasion to refer to the Registers, may require from the Collectors the production of the original Registers, or an attested copy: of the part required. ‘The Board of Revenue in like manner, on the requisition of the Sudder Dewanny Adawlut, to furnish any Zillah Registers, or an attested copy of any part required. The Courts to report to Government the explanation given by Collectors for not having the Registers completed within the prescribed period, and Collectors, or acting) Collectors taking charge, to ascertain whether the Registers have been duly prepared, and if not to report the same to the Board of — Revenue for the information of Government. The copies directed by the above-mentioned Regulation to be sent toiia TTT) | Mee Cer ) E a 1800} Srctrons Recuuation VIII. a a - to the Board of Revenue, shall be sent to the Accountant, who is to , 4 s examine, and in certain cases to report thereon.. 4 . 17th. The Board of Revenue to furnish the Collectors with new forms of | - Registers adapted tothe alterations above directed. Collectors to i: Sl be regular in the transmission to the Accountant of the required Re- 4 pc gisters, and to propose officers to assist.in the preparation of them, — a 3 with a statement of the allowances deemed. necessary—what further E = report respecting establishment to be submitted by Collectors to the S s Board of Revenue. . = 18th. Board of Revenue to submit the necessary establishments to Go- : ‘ rs oe vernment to be czclusively employed in preparing the Registers, . = [804 (D.) | and not to be removed without the sanction of Government. e 2 19th. Collectors to ascertain whether the publications prescribed by a : certain Regulations have been duly made, and after one year all un- a : registered land held-exempt from Revenue to be assessed. 3 . as 20th. Notice required to be given to Collectors of the establishment of : | new a ri i pi (psd 5 os . Sa - oy a Cencae . Fe ee * me a 2 bd ’ Ss 4 oo 4 a 4 no © H 3 © . J 3 - F ? Ps e ‘I ‘ en ee ee nn ae aia neiiadiienid shies te eee — “ 7 al ha tteneaecchietaneeieen eel tat eee eek Cole in eee & = | t & H 5 , ee [ ae oe tah Si - ey et eo ; NOTICE OF ESTABLISHMENT NOTICE OF SUCCESSION CANOONGOES. OF NEW VIL- TO’ LANDS. paarcedl OD © oe LAGES. SEecTIONS 2ist. 92d. new villages, or in default thereof, the village liable to forfeiture to Government. Re-established by Regulation IV. 1808, and Regula- tions II.& V. 1816, and Regulation I. 1818. wy 13a ) Recutations VIII. that the same may be entered on the public Registers, Notice also to be given to Collectors by all persons succeeding to landed property by ‘nheritance or otherwise, what inquiry to be made by Collectors on receiving such notice, to ascertain the truth of the alleged succession previous to any entry in the Registers. Neglect to give such notice, or wilful misrepresentation in giving 1t to sub- ject the offender to a fine. The Records of the late Mofussil Canoongoes abolished, to be deli- vered to the Collectors, and chose of the Sudder Canoongoes and their Naibs to the Board of Revenue, who are to report to Govern- ment on the best mode of disposing of them. Regulation" ~ a7 “aie _ v) fF = ("483 1€00| Sections Recuuation X, Section 2d. Regulation XI. 1798, not to supersede or affect any established usage which may have obtained in the Jungle Mehals of Midnapore, &c. by which, the succession to landed estates the proprietors of OR Rg tae for oh eps al TT} ; aks See ETRE DRT TSP al on See Section 36, | which may die intestate, has been considered to devolve on a single Regulation XII, : : id 1805. heir—to the exclusion of the other heirs of the deceased—In those Mehals the local custom to be in full force, and the Courts to be guided thereby in their decisions in cases of inheritance. Collectors Estates in the Jungle Mehals. ee es erat Lae Se ee Lor preventing the Division of Landed - 4 e : hy ! ; ‘ : foee ee ee a ee ee Se eee es — . i.) Tee te Fe eat ee le A eg ak hei a nanauine . 2 ; Fe ies a oat ~ a Se ce ele a te eee tl al teen Senne ee ee eee ee died aie pom 1801 Explaining and amending the Rules for the Collection of the Public Revenue. ‘SECTIONS Section 2d. See Sections 2 and 3, Regulation XI. 1822. See Sections 2 and 3, Regulation XI. 1822. See Section 28, Regulation V. 1812, and Section 11, Regulation XI}. 1824. ( 134 ) Recuration I. Collectors not to attach the estate or farm of any proprietor or farmer for atrears in the three first months of the year current in the ) provinces, without the express sanction of the Board of Revenue on a'report of the case to be made by the Collector, nor attachment to be subsequently made without such sanction, except in particular cases to induce speedy payment of the arrear, or to prevent misapplication | of rents, or to obtain accurate information of the assets of the estate for purposes of selling a portion at the close of the year.—In such cases, the entire estate (and not a portion as directed in C. 2. Sée- | tion 23, Regulation VI, 1799,) to be attached.—The exemption from attachment in the three first months of the year not appli- cable to attachments made in the preceding year, and continued af- ter its expiration for the purpose of bringing the lands to sale-—The Collectors to report to the Board when they may deem it advisable to attach lands for arrears.— The Board may levy a penalty of one per Cent. per mensem on the arrear above the interest in lieu of attachment— the1801 uw the Rules for the Collection of the Public Revenue. Lxplaning and amendi SECTIONS 3d. 4th. (. 135 ) Recuratrtion JI, The Collectors to report to the Board all cases in which they may have reason to believe the arrear to be wilful or occasioned by mis- .| conduct or mismanagement, in like manner as required in cases spe- cified in C. 7, Section 23, Regulation VII. 1799, which report is inva- riably to be made when attachment may be suspended on account of calamity of season after the expiration of the three first months of the year. But Collectors under the discretion of suspending attach- ment, carefully to ascertain the causes of arrears, so that neither the public interests suffer by unmerited indulgence, or private interests by undue severity. Rescinded by Section 2, Regulation XI. 1822. In cases of estates in balance being so small as not to pay the ex- pense of attachment, the Board may cause the distress and sale of the personal property of the Defaulter,—to take place under the rules pre- scribed for the sale of property of under tenants by Regulation XVII. 1793, and Regulation VII. 1799, but the Collector not to exercise this power without the sanction of the Board, and the operation of this Section not to extend to Benares. Rescinded S Ss Toes SS Sicha Nei renew mimes oer OM iad | ee Wee Fe hn PeRETE Bl el on PRE eae En eR ERP ee Ree hee ot) | a ; i { 4J ee 5 / BS ' : oo ; rs p } Eee 1 Ee a ee gc: SS mt LENORE LAE OLN LOE TON tt i OTOL LLL NT LO LL LEE LLL OL LL a a a ale oleae 1801 STATEMENTS OF LANDS ALLOTMENT OF JUMMA ON PORTIONS OF ESTATES. FOR SALE. ‘Modified Sections : ; '2d, 3d, and 6th, Re-| fake place within the first or second month after the expiration of the ¥ SECTIONS 5th to 7th. Sth. Superseded Sec- tion 12, 181%. See Section 20, Regulation XIX, 1814. Rescinded, See Section 2, Regula- tion XII, 1817. 9th. eulation XI. 1822. Ditto ditto. 1386") Recuiation I. Rescinded by Section 2, Regulation XI. 1822. Section 10, Regulation I. 1793, to be strictly observed in all cases of public sale, or private transfer, or division, the Officer to whom the allotment of the Jumma on a partition of an estate may be commit- ted, how to proceed should he suspect the accuracy of the Putwarry accounts, or should they not be forthcoming. But the Collector not-to fix the amount of assessment on a portion of an estate, without the sanc- tion of the Board. | VIIT. 1793, extended to all native Agents employed by Landholders in the management of their estates ; who may be committed for perjury for | swearing to fabricated or false accounts, and to be excluded from fu- | The rules in clauses 3to 8, Section 62, Regulation ture employment. | Collectors to submit statements of lands for sale, so that the sale may | year for which the arrear may be due. In the event of lands being | sold within the year under C.8, Section 23, Regulation VII. 1799, the operation ||1801 DEMANDS FROM UNDER TENANTS ATTENDANCE OF PURCHASERS AT PUBLIC SALE. POWER VESTED -IN COLLECTORS. SECTIONS See Sections 4, 9, and 10, Regulation V. 1812. 10th. See Regulation XI, 1822, See Sections 18 and 19, ditto. “ See Sections 29 and 31, Regulation XIl. 1817. See Section 32, Regulation XII, 1817, (337 ) Recuration I, operation of Section 5, Regulation XLIV. 1793, and Section 2, te gulation III. 1796, suspended, and the purchaser not. to demand from an under tenant more than the former incumbent could have legal- ly demanded. But this provision not applicable to engagements €vi- dently collusive, nor in any case unless the sale shall have taken piace after the second month of the year. Purchasers of land at: public sale, or their authorized Agents to attend the Collector to execute the usual engagements. In any cases of doubt as to the real purchaser the Collector may cause the personal attendance of the purchaser at his Cutcherry, and is fo make any ne: cessary enquiry, and report the result. The Collectors are empowered to cause the personal attendance of a landholder or other native inhabi- tant of his district, when absolutely necessary, by a regular summons under his seal, but are not to require the attendance of a principal when that of an authorized Agent will be sufficient or will be subject to a prosecution for damages for any breach of this rule. The summons issued is to be regular, and to specify the purpose for which the attendance of the party is required. Rescinded ~ 4 ‘ | : PR Re eee tees ee Cee a Bers ke Bae TEE EPR OU OL eee SAT Se ee ee eee i on oe ee a Teh uly |p Mee dee PN De ee as ee eee nee oh S —* <> allSeparation of Talooks how obtained. NTE ne ne eee ee ee eae Se a ee ee ees el Sed tee heated 1 if i p i F. ae a . aX ed ~~ SECTIONS llth to 13th. 14th. See Regulation XIX. 1814. Rescinded by ditto ditto. a. REGULATION LI. Rescinded by Section 2, Regulation XI. 1822. All Talookdars, who may be entitled under Section 5, Regulation VIII. 1793, to a separation of their Talooks, to apply within one year from the date of this Regulation, subsequent to which no Ta- look will be considered separable, unless such application shall have been made: nor any Talook entitled to separation which may have been constituted such since the period of the decennial settle- ment. And no transfer-or sale valid, unless notified to the Collector, and the Jumma regularly assessed thereon, as prescribed in Section 10, Regulation I. 1793, and Section 28, Regulation XXV. 1793,—and if land so transferred, but not regularly separated shall be included in any public sale such private transfer or sale to be considered invalid, and the entire estate to be sold for any arrear. This Section is not to be considered1801 Dependant Talooks. SECTIONS See C. 2d. Section 3, Regulation XVIII. 1812. Rescinded Regula- tion I. 1804. Rescinded Section 2, Regulation XI. 1822. 15th. Rescinded Regula- tion XIX. 1814, ] ( :igo..% Recguration L considered applicable to dependant Talooks, or other dependant tenures under Seciton 6, Regulation XLIV.1798, in which such tenures are authorized, subject to the restrictions contained in Sections 2 and 5, Regulation XLIV. 1793, with an explanation of the latter, in Sectian 7, Regulation [V. 1794, and C.5, Section 29, Regulation VII. 1799. The rules contained in this Regulation as applied to Regulation XXYV. 1793, and Regulation VII. 1799, equally applicable to the cors responding Regulations for the Province of Benares. Regulations nia wat FEES SE RAE EERE NE NET ee TR Le oe etna at at eee Cen ty er ane tL ae ee ase Rie noes pene SENG eas na ars Ee Be Te PE Oe ET TOT Ea Date reno nies ee nee ee eae eT Mk ook tes eee Menge Pete DT Bae a otis oe ers Pee ei} Be) ne ryeae Se) _ Oe at ae = hein hie ee . en ae ee owe ee ee For the better management of the Invalid Jagheer Establishment. 7 . a ear — aad = a Sree sent I itl diate meatal it Tl ote eda ieee cee eee ete oD nel ete tiene ee r . ie 3 “a a ed 1804) Secrrons r Section 2d. 3d. See Regulation I 1811, and Regula- tion XI, 1808. See Regulation I]. 1811. Sth. Ditto ditto. 4th. See. Regulation I, 1816, 5th. 6th. “th. ( Tao") Recvuration I. Regulations XLIII. 1793, and LVI. 1795, rescinded. The establishment of Invalid Tannahs and the appropriation of lands for their support, to be confined to the Zillah of Behar, Shaha- bad, Sarun, Tirhoot, Bhauglepoor, and Chittagong, and no Tannahs to be established without the previous sanction of the Governor Ge- neral. The General Superintendance of the Invalid Jagheer and pension establishments to be vested in the Board of Revenue. The immediate Superintendance to be committed to the Officer, denomiated ‘‘ Regulating Officers,’’—in what districts to be stationed. Regulating Officers to be subject to the orders of Collectors and | the Board of Revenue, and all matters relative to their duties requir-« | ing the orders of Government to be submitted through those chan- nels. What proportion of lands to be granted to Invalids. Collectors to select lands for Invalids on notice given to them. Topass QD QO haste For the better management of the Invahd Jagheer Establishment. SECTIONS | 9th Ist. 3d. 4th; 5th. 6th. th, Sch, 9th, (24 Recuuation J, To make proposals in writing to the proprietors of lands, selected for the Invalids containing the following stipulations. Land to continue the property of the proprietor, and not to be se- parated from his estate. | Pottah to include the Julkur, Buhker, and Phulker. Lands to be held rent free by the Invalids during their lives, and to devolve on their heirs. Heirs of Invalids for the first five years after coming into possession to pay Malikana to the Zemindars. The Malikana to cease after 5 years, and the lands to be assessed in the proportion of 2-5ths of the annual produce. On what terms the heirs of Invalids who die within seven years are to hold the lands. How the lands of Invalids dying without heirs are to be disposed of. In what cases and to whom the heirs of Invalids are to be at liber- ty to dispose of their lands. Heirs Sax eee eee ER eLearn ee Be te PIN ESPORTS SS NI eS Bp nc PNA ll ba NEO get Neh ls ec Ned iS ete eR SOR A Sarid OUI CRETE TRUE ced ae a \ : ws RRS ee eee Beee eee Os he dh eel n Py A ; ' 7 ' ty a ‘ee i TG y f i —— ~ ee le ee a ail Sa tihcenaii etek cna Ik desler sth aia ail aati Rules relative to the Invahd Jagheer Establishments. SECTIONS | { 10th. 11th. 12th. 13th. 15th. Recutation I. Heirs of Invalids liable to forfeit their lands if they neglect to cul- tivate them for one year, such lands to be transferred to some other Invalid, or to revert to the proprietor. Rules regarding arable lands not brought into cultivation by the time they become liable to assessment, | Malikana and rent how to be collected—no increase of revenue to be levied on account thereof. Pottah to be obtained from the proprietor for Invalids on being put into possession of their lands; or on such lands becoming liable: to assessment. Proprietors to station an agent at each Tannah to keep accounts of | the rent and Malikana, and to take care of his interests. The authority of the regulating officer to be withdrawn when all the lands in 2 Tannah shall become liable to a permanent assessment, | and the Tannah to’be considered upon the same footing as other vil- lages in the Zemindarry—Heirs and Successors of original grantees to | hold the bond according to the Pottahs. ) In®1804 WP Meeces SECTIONS Rules relative to the Invalid Jagheer Establishments. 16th. loth. I1th, 13th, 14th, ( 143 ) | | Recuratron I. In what cases the Jagheer is to devolve on the Zemindar, who shall be at liberty to dispose of it as he shall think proper. Any other stipulations made between Invalids and Zemindars shall be binding on the parties: all differences respecting the nature of the tenures to be decided in the Dewanny Adawlut, Persons succeeding to an estate or part of it in which any lands may have been leased to Government under this Regulation, to abide by the terms of the lease, Invalids to hold lands the property of Government upon the same terms as those of individuals, Widows being heiresses may re-marry without forfeiting their Jag. heers which are to devolve on their heirs at law. Regulating Officer to settle as far as possible by his advice, all inter. nal affrays, differences, and claims, Vakeels of Government to plead the causes of Invalids, free of cost, & on the requisition of the Collector. - Process whet iS 4 5 By Ey Gs rug ett aie “== Pee py * Baers eR co cat epee ee een eee eit ae neste Se eT ETE Die ie tai ctitii ar ren ere) al er pp Caria ore eats ae = Sta x PET ee nt re Pm eT ee Baie er Lo a ee: Bs ae Bi ae | e td A ri £ 4 tt 4 4 2 a Rr |ee ee Fe “tg fee es Pe ~ ee i a a ad ne ae aitee eee ae ee eee | ft ‘ i F é Bi ie paoned CO Oo yee Rules relative to ihe Invalid Jagheer Establishments. 16th. 17th. 18th, 19th. Superseded by Re- gulation If. 1811. RerevuatTion I. Process of the Civil and Criminal Courts to be current in the In- valid Tannahs—Invalid and all inhabitants of the Tannah to pay obedience thereto under pain of fine or other punishment. Jagheers not to be assigned as security for money borrowed by In- valids ; nor answerable for debts contracted by them.—But Jagheers devolving to heirs of Invalids to be answerable for debts contracted by such heirs. Distribution of lands to be made by the regulating officers under the orders of the Collectors—the Courts of Judicature not to interfere, nor receive complaints regarding such distribution. Invalids to be present at the period of inspection under pain of be- ing struck off the establishment—Courts of Judicature not to receive any complaints from Invalids so struck off on that account. Rules contained in Section 9th to be considered immediately ap- plicable to lands which shall be henceforth granted to Invalids, the Collectors1804 Jagheer Establishments. H to ‘the Inval. Rules relative SECTIONS Rescinded by Re- jeulation II. 1804. 20th. 21st. C. Ist. C. 2d. 29d. C. Ist. Superseded by Re- culation II. 1811. C. 2d. See C. Ist Section 3, ditto ditto. C. 3d. pP J 145) GULATION I, Re Collectors to new model the Tannahs already established according to Section:‘7th, and to extend the ruleto the heirs of Invalids ; but no- thing in this Section to be construed to annulor set aside any of the rights of the Jagheerdars, or of the proprietors of land under any existing engagements or rules 7x Regulation XLIII. 1793, or Regie lation LVI..1795. | Superseded by Regulation II. 1811. Particulars which are to be specified in the Pottahs for Invalid Jag- heers. Lands required for roads, gc. to be purchased by Government and - bestowed on the Tannah gratis. Option to be allowed Invalid Officers of retiring on reduced pay of their respective ranks, or being transferred to the Jagheerdar eS= tablishment. , All officers who shall choose to retire to their native villages shall recewwe an advance of Six months pay. | Upon what condition the like indulgence shall be reine’ tO pri- vates, Invalided. Nativeee ee re eet Ee ; | } | } i : a 2 ae Ce A ema Nee ee nnn nen el ee ee et ee Dennen ee nn el i eee ee ee 1804; Rules relative to the Invalid Jagheer Establishments. SECTIONS 1811. 24th. 25th. 26th. 27th. See Regulation II. RecuLation [. Native commissioned, non-commissioned, and private Invalids, not admitted on the Jagheer establishment, but admitted on the pension establishment to be furnished with a descriptive roll addressed to the Collector. The presentation-of such roll to the Collector, shall entitle the In- valid pensioner or his heirs to his reduced pay to the time of his death, The Invalid pensioner to execute'a receipt for each payment, which the Collector is to transfer to the Military Auditor General for Audit, | On the death of the pensioner the Collector to transmit. his descrip. | tive roll: to the same officer; noticmg: the amount paid to the heirs of | ; the deceased. : Pensioners to be struck off the list when the voucher is not pro-s | duced within 12 months, and not again admitted without the orders }| of Government. i Sec. 33, Regulation XLIII. 1793, to continue in force. ArrangementCuttack, Puttaspoor, SC. 2 or an »> ofthe Public Revenues 707 O Settlement and Collect } Section 2d, {See Section 3, Re- | Sections Articles Ist to 16th, bth, 6th. 4th. gulation V. 1812.’ ( 14% ) Recuriation XII. Arrangements adopted by the Commissioners in Cuttack, for the settlement of the revenues of the years 1210 or 1211 Willaity, recapi- tulated. And confirmed. Recapitulation of articles of proclamation issued by. the Commis- sioners on the 15th September 1804, relative to the settlements of the land revenue, in the Mogulbundee portion of the Province of Cuttack. The rules, orders, and declarations contained in the said Proela- mation confirmed, but Clauses 3 and 4 of the Proclamation adjudg- ing an increase of Jumma, proportioned to increase of produce to be added to future settlements, explained and qualified. Zemindars and other actual proprietors whose lands have been held Khas, to be restored to the management of their lands, on their agreeing to pay the assessment required in conformity to the rules for the settlement of the land revenue. The expiration of 1215 Willaity, is the period fixed for completing the adjustment and delivery of Potiahs, in conformity to the 13th Article of the Proclamation. Rents FOS eg he ee OT Ee SE PTS ETE eae ROEM Mc LORD Serer Seva Yay eh LT [yk epee Tt he pee Le Dae th | ae nS Ce _ ties Dar Soh rt ae mee = a prt geey nee jdilbind dig: scan a a RN Sasa pee heem x a ee oa Pe tila Re Pe =ten Puttaspoor, &c. Settlement and Collection of the Public Revenues in Cuttack, } r i é FY H Ly : t ‘ ‘ * 7 ' 4 ; y : 3 | } r | { ; f i | ‘ 1 | 3 ie f a oF wale as SECTIONS Sth. Sth, 16th. 1}th. 12th. See Regulation |. 1814. 13th. See Sections 8, 9, and 10, Regulation [V. 1807, ( 148 ) Recuration XXL. oat Rents of lands assigned under grants, as endowments of the Temple of Juggernauth, or of Muths in the vicinity, not to be resum- ed, provided the quit rent such lands may be liable to, be paid ac- cording to former usage. Lands appropriated for the support of Sirdar or other Paiks, for purposes of police, not resumable so long as any quit rent payable | therefrom shall be discharged. The Collectors to be guided by the Regulations in force in Ben- gal, on preparing the different prescribed registers of landed pro- perty, the first periodical register commencing with the year 1216 Willaity. In what manner the registers are to be numbered. Regulations respecting stampt paper in force in Bengal extended! to Cuttack. Engagements for the payment of the public revenues to be made | in Sicca Rupees. Rules for the receipt of Rupees of soris, until the - expiration of 1215 Willaity. Option1805 in Cuttack, Puttaspoor, &c. e ion of the Public Revenues Settlement and Collect SECTIONS 14th. Rescinded, Section 3, Reeulation XIII. 1807. See Section 4 to 8, ditto. 17th. See Regulation V. 1813, and Regula- tion IT. 1819, 18th. C. Ist ( 19% Recuiation XIL Option left to debtors in the manner of liquidating bonds, &c. entered into for the payment of different species of Rupees, and not discharged prior to the expiration of the year 1213 Willaity. Rescinded by Section 3d, Regulation XIII. 1807. All future engagements of Government for the provision of the investment or manufacture of Salt, are to be made in the Calcutta Sicca Rupee or the Gold Mohur of the 19 Sun—provision respecting engagements between Landholders and Tenants. The following modifications of Regulation XIX. 1793, respecting rent-free lands not being held under Badshayee grants, to be im force in Cuttack. Grants of alienated lands made previously to the 14th October, 1791, by whatever authority, whether verbal or written, to be consi- | dered valid, provided the grantee obtained possession and held the land rent-free previous to that date, but of no validity if possession was not obtained, or if since subjected to the payment of revenue by the officers or orders of Government. Grants een eer EE Ee, eC AL OM ER Ee ee ae TT CT ee TESTE SE oO PERNA TS LN HT Mii og AL AD ee eee BR ee é eee ee a — a i a th ee Neen eee enn nn ee a eles serene etna hand ’ r ie = i bs 7 id re ed 1805 Putiashpoor, &c. Settlement and Collection of the Public Revenue in Cuttack, RULES RELATIVE TO RENT-FREE LANDS AND VALIDITY OF GRANTS. SECTIONS | Q ( 150 ) Recuiation XII. Grants made subsequent to the 14th October 1791, whether by authority which may have been confirmed or admitted by the exist- ing Government, prior to the 14th October 1803, shall be deemed valid, provided the grantee obtained possession previous to that date, and held the land rent-free until the latter date, but such grants of no validity if possession was not obtained, or if the lands were sub- jected to the payment of revenue prior to the 14th October 1803. The Courts to refer to the Governor General in Council in the 7 event of their entertaining doubts of the authority of any officer of © Government, who may have subjected exempted lands granted before the 14th October 1803, to the payment of revenue, and the Governor General in Council reserves the power of determining whether any 7/ officer of the Rajah of Berar, was or was not competent to confirna © or admit grants in the name of the Rajah. | But in case of life grants, the Courts not to adjudge any person entitled_—_—- — —_—tTso = ma <> — Settlement and Collection of the Public Revenue in Cuttack, <— Le Puttaspoor, &c. RENT*FREE LANDS AND VALIDITY OF GRANTS, RULES RELATIVE ‘TO Gy. WECTIONS C. 5th. C. 6th. ©. 7th. entitled to hold lands rent-free under suc - 4 Or 3 fe 3 P YATTY ALEGULATION XII, h ‘grants, who may not be the original grantees. Nor to entitle any persons to succeed to rent-free life tenures, unless the tenure shall be proved to be hereditary according to estab- lished usage, and the nature of the grant shall not be expressly defined in the writing. A power is reserved to the Governor General in Council of determining whether life grants to which one or more successions may have taken place prior to the 14th October, 1803, shall be subjected to the payment of revenue or not on the death of the present possessor. The present possessors of such life grants prohibited from trans- ferring them or mortgaging the revenues beyond their own lives. Exempted lands not exceeding ten beegahs, held under grants made prior to the 14th October 1803, and appropriated to the endowment of Temples, or other such purposes, not to be liable to assessment. Decisions respecting lands so held, exceeding ten Beegahs, in what case to be reserved to the Governor General in Council. Courtspa Ad 1805! Srecrrons Recuuation XII. c. sth. | Courts not to take cognizance of claims to hold exempted from re- venue lands that have paid revenue for 12 years prior to the 14th Oc. tober, 1803, or to the date of preferring the claim, unless the claimant can show sufficient cause for not sooner preferring it. eet Rene te eesterEmENERt CaaeT tk mre eet HME oe Mee) 19th. All grants for lands exempt from revenue made since the 14th October, 1803, and not confirmed by the Governor General in Council, ee or an officer duly authorized, are declared invalid. ‘20th. In the event of the Courts entertaining any doubts of the com. petency of the authority, by which a grant may have been confirmed, | to suspend decision, and report the circumstance for the orders of | Puttaspoor, &c. RULES RELATIVE TO RENT-FREE LANDS AND VALIDITY OF GRANTS, Government. |) 21st. The following rule to be in force in Cuttack for assessing land }| resumed under the three preceding Sections. 22d. ©, iat. The revenue assessed on such land to belong to Government. C.2d.| The assessment to be regulated by the rules enacted in this Regulation for the settlement of lands paying revenue to Govern- Setilement and Collection of the Public Revenues in Cuttack, ment, and by any rules which may hereafter be prescribed. If the proprietor . — - - . 5 es sie ieee ern nahi ee eae ae a ed . | i ; r | & 2 2 Ee ee o—*1805} of the Public Revenues in Cuttack, 2071 O uttaspoor, &c. RULES RELATIVE TO RENT-FREE LANDS AND VALIDITY OF GRANTS. Pi ae Settlement and Collect SECTIONS to iJ) $2 24th, See Regulation V. 1813, and Regula- tion II. 1819. { iss 4 Recunation XII | proprietor shall object to the assessment, a report to be made through |the Board to the Governor General in Council for orders,—and if the proprietor shall finally refuse to engage, the land to be held Khas, or let in farm. Period of one year from the expiration of 1212 Willaity allowed for proprietors to Register their grants, at the expiration of which time the pertodical quinguennial Register of rent-free lands to be prepared. All the provisions contained in Regulation XIX, 1793, not super- 'seded by this Regulation, to be in force in Cuttack. 95th. Ditto ditte. 26th C. Ist. Provisions in Regulation SX XVII. 1793, not superseded or mo- dified by this Regulation, to be in force in Cuttack. The term ‘ Badshayee’ to apply to all grants made by the Supreme power for the time being, whether Royal grants, or grants made by the Subah of Orissa, or by the Rajah of Berar. Badshayee grants made previously to the 14th October, 1803, de- clared valid, provided the grantee obtained possession before that oO date, P 5S aay” oe = pias hes: Py T eM es yg x Eyre a a 4 Fi : & i s { iea ee ee Ree ee ie et eel oie eae aan Ss eee de eel Pra = - oe * ato SE en ee ee eee ee Oe OL esheets aubeiieh mee det Lal ae eg ee ra ee i r : we he f é a) i 1805 Puttiaspoor, &c. RULES RELATIVE TO RENT-FREE TENURES UNDER BADSHAYEE GRANTS. Settlement and Collection of the Public Revenues in Cuttack, io 2) SEecTION Ci. ad. C. 5th. C. 6th. 27th. ( REGULATION XII, 154) date, and has since held possession, but such grants not valid if pos- session was not obtained or the grant was resumed prior to the above date. Courts to refer to the Governor General in Council for orders in the event of their doubting the authority of any officer of Govern- ment who may have resumed such grants. But Courts not to adjudge the holders of life grants made previous | to the 14th October, 1803, entitled to lands rent-free—such claimants | not being the original grantees. Nor shall any person be entitled to succeed to lands rent-free under _ a Jagheer or Badshayee life grant made previous to the 14th Octo-. ber, 1803, upon the demise of the possessor. The present possessions of such life grants prohibited from trans- ferring or mortgaging the revenue of them beyond their own lives. All grants made since the 14th October, 1803, and not confirmed by Government, or by an officer duly authorized, declare invalid. | Courts1805) Sections in Cuttack, Putiaspoor, &c. Settlement and Collection of the Public Revenues CLAIMS TO PENSIONS. 28th. 29th. BADSHAYEE GRANTs, 30th. See Regulation XXIT. 1806, and Regulation ‘XI, 1813. Ditto ditto. ( 155 ) Recuration XII. Courts to report to the Governor General in Council for orders When they may entertain doubts in regard to the com authority by which a grant may have been confirmed. The period of one year from the expiration. of 1219 Willaity, to be allowed for the Registry of Grants, and at the expiration of that period the first Quinquennial Register of rent-free lands held under Badshayee grants to be prepared. Rules contained in Regulation XIV. 1793, for deciding on claimsto pensions, or allowances granted for religious purposes, to be in force in Cuttack, provided that pensions obtained from the Goverment of Berar previous to the 14th October, 1803, to be continued to the present encumbents, subject to resumption on their death or other- wise as the Governor General in Council may determine, provided also that persons who shall have been in the receipt of pensions for three years antecedent to the 14th of October, 1803, shall be entitled to enjoy a continuance of the same during their respective lives when it shall revert to Government unless particular reasons shall exist for otherwise determining, but nothing herein contained to authorize the resumption of the established donation for the support of the temple of Juggernauth, li PRT eects ts te ie fa o - a af Ls . + oe Sea oe ote ee Le RS Oe AP LIAS pp sy Re ah PSK eee? petency of ‘the. e% sm i £ a| | | & 1 2 eee reo ; ae ie er ee ee ey . 5 ee ee ee ee ad Fe ee ll la De ne ee attiate nities an ek eee — - ee os - 1805 ublic Revenues in Cuttack, UTIES. HINDOO TEMPLES. Puttaspoor, &c. ABOLITION OF SAYER D Settlement and Collection of the P SecTIONS 3lst. 32d. REGULATIONS EXTENDED. 33d. ( ise 3 Recuiation XII. Juggernauth, the officers of certain Hindoo temples called Anoo- chuttree, and the allowance granted for the support of the Hindoo temple at Cuttack, called Seetaram Takoor Baree. The collection of Sayer and other internal duties abolished in Cuttack, with exception to the Tax on Spirituous Liquors, &c., |, duties levied on Pilgrims at Juggernauth, and the rules contained in| Regulation XXVIII. 1793, relating to Chillunta, Rahdarry, and | other duties collected by the Zemindars or others in the province || of Bengal, extended to Cuttack, but adequate compensation to be granted by Government to persons deprived of authorized advans | | tages by such abolition, in conformity with the principle of C. 10; | | Section 2, and Section 6, Regulation X XVII. 1793. | Regulation XXXVI. 1793; extended to Cuttack in common with ' other Regulations extended to that province by Section XXXVL. of i this Regulation,—substituting; however, the 1st January, 1808, for the ) 1st January, 1796, wherever the latter occurs 10 the said Regulation. : Sunnuds granted by the Commissioners to the Zemindars of i the |1805] Settlement and Collection of the Public Revenues in Cuttack, Puttaspoor, &e. SUNNUDS CONFIRMED. ESTATES SETTLED AT A FIXED QUIT RENT. SECTIONS 34th. 35th C. Ist. C. 2d. C. 3d. 36th, ( 7) Recuiation XII. the Killahs, below specified, to hold their estates at a fixed Jumma | in perpetuity, confirmed. Killah Durpun. Ditto Sookundall. Ditto Muddoopoor. Sunnuds granted by the Commissioners to Futteh Mahomed, Jag- heerdar of Malood, to hold his lands rent-free in perpetuity, confirmed. Settlement concluded by the Commissioners with the Hill Zemin- dars specified following for the payment of a fixed annual quit rent in perpetuity, also confirmed. | The following are the Mehals in question: Killah Aul. Ditto Koojung. Ditto Puttroo. Ditto Hurrishpoor. Ditto Meritchpoor. ! Ditto Bishenpoor. A settlement to be concluded in the principle stated in the two foregoing Clauses with the Zemindars of Khoordah and Kunka. All Regulations relating tothe settlement or collection of the Reve- nues, or the Officers employed therein, now in force in Bengal, and not a | ae ae peat Rte Ena fA SEE sp sae ee eS eh Oe Oe PL EE LN Lene SP Rt Ree igh oe RT tele ey Sen EC) arene Se oe ewe ey RF ee Rey od A et ee ed 9225's = a ee oe es ane ey ee a Ke tert pare Pe et ee ed roe ET ray Cee pts ee a eter ae tae Page ae pao ae! 4 af oo eet Pe ee Took EE a Ee a ee Se a ee ean = pager ees ere eas iS me , So . ot sf Btls hes rey: PP amye*: rao ie Senta SEI apnea ven eeeae anal hele ce eh Le aA eR Ee oP RENE OO AM RI A BRIS Ie my of i *¢ sk are , - a i 79 ae lee ieee ae ay Gra te ee coke ee 1805 Settlement and Collection of the Public Revenues in Cuttack, Puttaspoor, &c. _ SECTIONS See Regulation XI. 1816. ESTATES NOT SUBJECT TO THE REGULATIONS. ( 158) Recuiation XII. not superseded by the foregoing rules, declared to be in force in Cut- tack; but nothing herein contained to authorize the division of lands — in which, according to established usage, the succession devolves to a single ‘heir.—In such cases, the Courts of Justice to be guided by the » provisions in Regulation X. 1800, provided also, that no part of the Re- ulations are to be considered to eatend to any of the following Hill — Estates, with whom engagements have been formed for the payment of a fixed tribute : Killah Neelgurhry, Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Bankey. Soormoo. Nursingpoor. Angole. Talcher. Autgurh. Keunjur. Khundiaparra. Nya Gurh. Runpoor. Hindole. Tigareah. Berumbah. Dhekenaul. SimilarSECTIONS 36th. ( 159 ) Recutation XIL Similar exemption from the operation of the general Regulations to be considered applicable to the T erritory of Mohurbarye. Rescinding 28 ima a a eC Me: | ¥ ig og eI 3 f A ae ~~ sind a gi ia Sa SI aR AE at i rasa cl aSa eae eae - -_-* eee ne a tee . a } ; f ; ‘ i; a 3 1@05 Management -of Joint Undivided Estates. SECTIONS _| Section 2ds od. Ath. 5th, See Section 26 Regulation V. 18t2. 3 (-h60 ) Recuuation A VII. Rescinding Sections 23, 24, and, 25, Regulation VII1..1793, and Proprietors of Joint Undivided Estates at liberty to manage them in such manner (under the Regulations in force) as they may think proper, without any interference on the part of the Revenue Officers of Government in.the appointment of a manager. | Estates of such proprietors liable as at present to be sold for ar- rears; and the proprietors jointly and severally responsible for the Revenue. : Payments of Revenue to be carried to the account of the Estate at large; and not to the account of any individual Proprietor. The Guardians of minor or disqualified Proprietors of Joint Un- divided Estates, whether nominated by the will of the Parents, or by the Zillah Judge, under Regulation I. 1800, shall exercise the same - powers, in the management of the Estate as would devolve on the proprietor, if competent to the management of his own affairs. Rescinding1806) Sections Section 2d. 3d, wD oS = ne = 4the — — 5 > oot 3S Sth C, Ist. = a ne C. 24. “h , iS Ry GC. ‘8d. C. 4th. Rescinding Sections 2 to 7, Regulation’ XXXIITI. 1793, and the corresponding Sections ‘of R eramsies ALVI, 1793, and Regulation XLIV. 1808. } r The general charge of the Embankments <0 be enstrusted to Com- mittees, to consist. of such Public Officers as may be nominated by Government. and the Register of the Zillah Court: to be Secretar y to the Come mittee. for repairing the Embankments. the Committee. | In preparing the estimates, the Collector may require the assist- ance of any persons employed in the execution of the repairs. | A meeting of the Committee to be held, for taking the estimates into consideration at the Station of the Magistrate and Collector, be- fore the end of December in each year. Estimates Senior Servant of the Company, at each Station, to be President j ee The Committee to furnish an annual estimate of expense, required: Estimates to be prepared by the Collector for the consideration of; 1 . . 2 . 5 : f : ee é wt gem =: he “ie, @ . . = ba o a 29 ~ ll : . es He ? .. i es o +h P . > J : . aR a eh D s ~ . Ps 5 a i SN at Doale at Reh 22s . ‘ - P Wife sth, aa > - rer . 5 P ~ . - . . a 3 , ad oye an phi s ae) i<« = "eng a = Bowe le okay wer” h a ore Aare) Sy RI ey RS ee ae ® er b* cee TTS Sea ee PE EL Sc ALP LL oD Ne kN ae CRUNK el ol | Shot IE CREMP oe) hoy OTE TS May ane RCD ISX ae ee Re ee ek hae ee TY pare a ? “ates hoo ERE ied nests ; pra ere : . e a a Tesh a ta - Set ; 4 , , : Se ae ateT tiene ee Ba ee el hee a alan ea ae a ae eee ie res : me re — a Mad x a fos { a eS | i | i ; ; i * ma 1806 ir of Embankments. For the- Repa SECTIONS C, 5th C. 6th. 6th. "th. Sth. 9th. ( 162 Recuiation VI. Estimates when approved to be forwarded to Government, with any suggestions the Committee may deem proper. - Members unable to attend the annual meeting, to state their rea- sons, which shall be forwarded by the Committee to Government. The Collectors also to prepare accounts of expense incurred, un- less in cases wherein Government may commit that duty, and the preparation of the annual estimates, to any other Officer. Accounts to be taken into consideration by the Committee at the annual meeting or otherwise. Accounts approved by the Committee, to be forwarded to the Civil Auditor, who will submit them to Government. In. cases where it may not be convenient to appoint Committees, the duty entrusted to the Collector by. Sections 5 and 6, shall be performed by such other persons, as Government may direct, sub- ject to the General Superintendence of the Board of Revenue, who shall1805) mite CNS. of Embankm wr Oo for the Repa Cc ee. OECTIONS LOth. 1ith, {2th. C. Ist. C. 2d. C, 4th, (163. °) Recurtation VI, shall conform as much as circumst prescribed for the Committee. An annual deputation shall be made for the purpose of examining the state of the Bunds. The Committee to be vested with a general control over embanke | ments repaired by Zemindats : ; how such control is to be exercised. Rules established for making cuts and water courses, through the embankments. ) The Committee to report when they may be of opinion that sluices of masonry are necessary. Such sluices only to be opened by Officers in charge of embank. ments under the direction of the Committee, or other Officer superin- tending the repairs. Landholders to apply to Darogahs when desirous of having a wa- ter course made through any part of an embankment—such applica- tion to be reported to the Superintending Officer, or the Committee for orders. What stances may permit to the rules. 4 ae ~ a j eed Ith “mot, 3 Pee ten Ere Neen Sooo R OE Re ON ERE eC ET eee ET eter ENS ar hn a a SES ea a a a te ae bela 4 ' PE mae et ec, efron eaten te Pes ( \ oe ee. . . eee .) Lhe > Se ee Lt me A Wn? es eee bie edad eT ee eel eT ee ed ee wee ere en} a . :. Z & 4 1806 For the Repair of Embankments. SECTIONS Ci Sth: C. 6th. C. 7th. 13th. Recutation VI. What the Committee or other Officer are to consider on deciding on such application. Persons guilty of a breach of the foregoing rules, liable to a crimi- nal prosecution. Also liable to be prosecuted in the Civil Court for damages. Foregoing rules, with certain modifications, applicable to embank- ments repaired by Zemindars. Claims1806 SECTIONS Section 2d. See Regulation XL 1813, See Regulation X. 1807, and Recula tion I. 1809, 3d. See Regulation ] Admission and Payment of Claims to Pensions. 1816. 4th, 5th. 6th. ( 165 -) Recuration XXII. Claims to pensions not exceeding Rs. 100 per Annum, in the C. C. Provinces, to be enquired into by the Collectors under Regulation XXIV, 1803 (C. P.) and their proceedings thereon to be transmit- ted for the final decision of the Board. The principle of the foregoing rule to be considered in force in the Lower Provinces with respect to pensions not exceeding Rs. 50 per Annum—and Sec. 5, Regulation XXIV. 1793, and Sec. 17, Regu- lation XXIV. 1803, superseded. Foregoing rules not to affect decisions already regularly passed by Collectors—what information to be transmitted to the Civil Auditor by Collectors, to facilitate the audit of sums charged by them foe pensions. | Civil Auditor to be informed of. the continuance of all pensions hereafter authorized by the Board of Revenue, under this Regulation, or by Government. Collectors to furnish any further information required by the Civil Auditor. When PREECE aa as RE TEN EPR eT TOE ES Ree MOE SN oN Te eran i CCL SES. tice MEM ee EE TE Cy |p Poe et eee PE Te ae ag ih ta Eero R Ts “a aes be — ot ane ee £ ae ee pee Sgaeeaes co ch itiga as oe j ; ‘ | Caroll« ene es oumyyy ate” ~* ee. Tot aa ed Y = _ Pir ball re Fa “a eT ee es ee, ae ee ee eel DS anal . i i e es 1 F i ae ae his oa 1806 Admission and Payment of Claims to Pensions. SECTIONS 7th. Stk. 9th. 10th. 166 } RecuuaTION XXII. When a person receiving a pension, not exceeding the sums above specified, may die, the Board to determine, after receiving the report of the Collector, whether the provision or any part of it shall be con- tinued to the heirs of the deceased in consideration of the situation and circumstances of the party—the Board are not to grant such in- dulgence unless on the ground of poverty, or the party shall have a strong claim on Government—applications for the continuance of pensions exceeding those sums, to be reported as at present to Go- vernment. Collectors to ascertain whether the persons at present receiving pensions are the individuals to whom they were originally adjudged; and in case of the decease of the original grantees, to suspend pay- ment for the orders of the Board or of Government. Pensions to be if all practicable cases commuted for grants of waste land rent-free, but in certain cases such commutation not to he made without the consent of the parties. Collectors to ascertain and report where lands capable of cultiva- tion, and conveniently situated, can be obtained preparatory to such commutationsrs 1806 2O7NS- d payment of Claims to Pensi e Admission an SECTIONS 11th. 12th. ( 167 ) Recuration XXII. commutations—and if it be intended to make the proposed grant in any other district than his own, to apply for the necessary particue lars to the Collector of such district. Boards to report such cases to the Government, and to submit 2 drait of the proposed Sunnud for the signature of the Chief Secree tary, or the Secretary in the Revenue and Judicial Department. In ordinary cases, the quantity of land to be granted shall be such as the annual net rent produce of it, when brought into cultivation shall be equivalent to the amount of the pension.—Government may, however, increase or diminish the quantity, and will authorize certain pecuniary payments to assist in bringing the land into cultivation, not, however, in any case exceeding the amount of the pension for one year. Collectors Oe Ne re TRIER TT SM TEN TE tt OP Pee a ee eee ieake Pre aA aia tt aad - . Cs ies 1 Laken - - ri ae Pn ies ee Pe ee ee athena mma aie ee ines salen iii te anid al aie eh en te) nh Ae aed eee a — aad a aioe nn 9 eerie os Rent payable by. Heirs of Invalid Jaghiredars. 1808 SECTIONS Section 2d. See Regulation II. 11811, and Regula- tion J. 1816. 8d. 4th. ( 168.) RecuiaTIOoNn XL. Collectors to adjust the rents payable by the heirs of invalids under} the control of the Board of Revenue. Rules for the guidance of Collectors in making such adjustments, | —The Zemindars to receive a neat rent equal to two-thirds of the: amount paid for other lands in the district of the same description | and quality. Courts of Justice to be guided by such adjustment in the decision | of suits preferred by Zemindars against the heirs of invalids—The) Zemindars at liberty to represent to the Board, if the requisite ad- justment should not be made by the Collector in due time. 4 TheJanome OO pana! © Appropriation of Lands, assigned as Religious Endowments or Public purposes. See Sections 16 and q | SECTIONS Section 2d. Extended, see Re-' gulation J, 1816, 9 od. Modified, Sections: Ath, 5th, 17, Regulation XVII. 1816. Gth. Ditto ditto. 7th, ‘. ¥ { 169 ) Recuuation XIX. The General superintendence of all lands granted for the support of Mosques, Temples, or other pious or beneficial purposes; also of certain public buildings, such as Bridges, Serais, Khuttras, &c. is vest- ed in the Boards of Revenue and Commissioners in the several districts subject to their respective control. Those authorities to be careful that all such endowments are duly 16: to 19, Regula-} propria d 1 ; nh sa ion XVIL sig | oPPLOP ted, and that public edifices are duly repaired. Buildings fallen to decay, or not calculated to be useful if repaired, to be sold or otherwise disposed of, as most expedient. The Boards and Commissioners, to be careful that such lands or public edifices are not appropriated for the private use of individuals, or in any manner contrary to the intent and will of the donor. Estimates of necessary repairs to be submitted to Government for approval. ‘The general superintendance of Nuzzool property to be vested in he Boards and Commissioners, who will report to Government their opinion in regard to the mode it should be disposed of. Local ee eC eee tee TS ee ee Le Ree a peat ee ~ ‘ os ‘ v 7 > Lr ’ * Be S S Py) y Ms 5 A ' e Bs a F Pi 4 e Py i | : Sg My f« a e+ ure, Te edd ae” a whee R ie Pe ea Ae tial ey a ea ei aoa ee ee ee eee ee ee ae ISS Fhe : a & / Soh 1810 Appropriation of Lands assigned as Religious Endowments or for Public purposes. SECTIONS 8th. 9th. 10th. ‘See Sections 16 to 19, Regulation XVII. 1816. 11th. 13th. 14th. YWTNX ReEcULATION XIX. Local Agents to be appointed subject to the orders of the Boards and Commissioners for the purpose of supplying all necessary infor- mation to those authorities. The Collector of each Zillah to be ex-officio an Agent with such others as the Governor General in Council shall deem expedient, Agents to ascertain the particulars of all endowments, buildings, ! : : or Nuzzool property ; and report to the respective Boards any in- stances of mal-appropriation. Agents also to ascertain and report the names and other particu- lars of the present trustees or managers of such institutions ; and by what authority appointed or elected. They will likewise report to the respective Boards, all vacancies or casualties which may occur, with full information as to the respec- tive claimants. The Agents to propose fit persons in cases wherein the nomination is vested in or devolves upon Government. The Boards to appoint such persons or make such other provision forCi 1810} Sections - Becunation XIX, > for the trust as they may deem fit, with reference to the condition of the endowments. | 15th, Individuals deeming themselves aggrieved by any orders passed under this Regulation not precluded from sueing for the recovery cee repletion of their rights, or for damages in the manner prescribed by the nea Hl. | Regulations. 16th. The object of this Regulation is solely to provide for the due ap- propriation of lands assigned for public purposes ; and not to re- sume any part thereof—likewise to provide that Buildings erected for public purposes be exclusively so appropriated and kept in due repair. Lands assigned for Public purposes. Provisions Da i ik Pee a sR RCT a eeei : : | aa H : ce en a cant a { a ae q . Sh. eee ¢ cer oral ed mg ee cn amet = 2 eS eR et ET ea 1 LES LE DT SLOT AIO AE CA BA ELST RAT Sie Pe alte Sa ie sare ie ee a te Te a juosad CO jou — Relative to Invalid Commissioned or Non-Commissioned Naiweé Officers. | See Regulation SECTIONS Section 2d, Su. Ge ist, | XII. 1814, C. 2d. C, 3d. 4th. (ie) Recuiation II. Provisiéns in Regulation I. 1804, which allow to certain Native Com- missioned and Non-Commissioned Officers,‘on the Invalid establish- inent, the option of transfer'to the Jagheer ‘establishment, and Sec« ition 20, Regulation XI. 1806, rescinded. Native ‘Officers invalided ‘after the date of this Regulation, not to be entitled to lands; but both Officers and privates unfit for garrison duty to receive an advance of six months invalid pay, with per- mission to retire to such part of the Company’s territories as they may prefer. | Specification of the rates of pay. Above rules not applicable to persons, to whom reduced Invalid) | pay had been granted prior to the 15th of February, 1811. Rules in Sections 23 and 26, Regulation I. 1804, to be strictly obe served in issuing such pay. Noi) OO pond — Sayer Compensation. Board of Revenue. SECTIONS Section 2d. Section 2d. Extended Regula- tion XXTV. 1517. ( 173 ) : Recuriation VI. No claims to compensation on account of the abolition of the Say- er to beireceived after the promulgation of this Regulation. REGULATION XI. The Provisions of this Regulation re-enacted by Reg. XIX. 1814, Reeuration XIII. - | A Member of the Board of Revenue to visit, when necessary, any district in which the presence of such Officer may ‘be requisite, to su- perintend the formation of any settlement, or other duty of impor- tance; and the Board to determine, with the sanction of Govern- ment, to what district or districts the authority of such Member shall extend. |Theor eee - Board of Revenue. el ae eailiel ee ee eee eeeied ee ee eee LOPE DAPE LAG PLL OIES LID LL ALE LO SOO AS 0 ie a t ie ' ' Hy F i é i , * —— re . SECTIONS 3d. 4th. See Section 5, Re- gulation XXIV. 1817. 5th. (Ya) Recuiation XIII. The Board also to determine with the concurrence of Govern- ment what part of the establishment of their Secretary's Office shall attend the member on deputation. What powers may be exercised by the member on deputation with- in the limits of his exclusive control; and likewise by the Member of the Board remaining at the Presidency: but two Members re- quired to constitute a regular and legal Board, whenever the acting President and junior Member shall be at the Presidency. On the termination of a deputation, all correspondence and docu- ments relating thereto, to be deposited in.the Office of the Board’s Secretary at the Presidency. RulesAmending the Rules for the Collection of the Land Revenue. FORMS OF POTTAHS. LEASES, | | IE SECTIONS Section 2d. Explained Regula- tion X1V.and Sec- tion 2, Regulation XVIII. 1812. Explained Sections 2 and 3, Regula- tion XVIII, 1812. (Claes Reeuration V. RR vl, ~¢ ; } : q : | : , ; 5 : 7 a Kules contamed in Section 2, Regulation XLIV. 1793, Section 2, Regulation L. 1795, Chapter 2, Section 2, Regulation XLVII. 1803, 1 eee ee : the period of leases to ten years, hereby rescinded, and pro- prietors of land competent to grant leases for whatever period they may de Forms of Pottahs limiting em proper. prescribed by Regulation VIII. 1793, and Re- eulation IV. 1794, not required to be observed—Proprietors and (*, 5 a vy VXT L ara We F Cre a no 7 DO 7 ¥ 7 others may hereafter grant leases, and take corresponding engage- ments according to such form as they may deem convenient, pro- vided that the sum agreed upon be specific, and that no arbitrary or we indefinite cesses be stipulated—Any such to be adjudged by the and void ; the engagements. Courts illegal but shall not vitiate the definite clauses of In modification of the provisions contained in Section 5, Regula- tion XLIV. 1793, Section 5, Regulation L. 1795, ‘Chapter 3, Sec- tion 23, Regulation VII. 1799, Section 24, Regulation V. 1800, Section 9, Regulation I. 1$01, and Sectiond, Regulation XLVII. 1803, no person attaching lands on the part of Government, or purchaser at public sales, entitled to annul existing leases within the oe gOS ag ee ~ ila tT) Xe ents ita ee ret Re a eet ae a oe ee Me ee TL ck leet DS er Se Eee eee tate Payee x cat, a b i 4 a ed FCea ee re = a ee er = - — peep en ke ath ll —— ad P een ae os - ‘ wale ~? Lo = ; I my ’ ss 1312 Amending the Rules in force for the collection of the Land Revenue. RULES RELATIVE TO RATES OF RENT. SECTIONS 5th. 6th. 9th. See Section 33, Regulation XI. 1822. 176 REGuLATION . V, the year on the grounds of collusion without a judicial decision on summary suit to be tried under the provisions of Regulation VII. 1799. Provisions of Section 5, Regulation XLIV. 1793, Section 5, Re- culation L. 1795, and Section 5, Regulation XLVII. 1803, regard- ing the rates at which purchasers of lands may collect during the year in which the sale takes place in cases in which leases may be cancelled, amended as follows: Established Pergunnah rates, where such exist, shall determine the amount to be collected by Government Officers or purchasers. Rules established where no Pergunnah rates exist. What allowances to be made in computing the rates payable by Ryotts, &c. in the case of dependant 'Talooks. No cultivator or tenant liable to a demand of enhanced rent by a purchaser of lands, unless under written engagements, or a notice served on him at the season of cultivation, on or before the month of Jeith. Cultivators aia1312 Jorce for the collection of the Land Revenue. les in 7 Amending the Ru NOTICE OF ENHANCED DEMAND. DISTRESS AND SALE FOR RENT. SECTIONS 10th. 11th, 12th, 13th, 14th, Ly bat Mh ede, ee KEGULATION V. Cultivators not served with such notice, entitled toa refund of any excess (with damages) beyond the amount of their previous engage- ments, nor shall any greater rent be exigible by process of distress, arrest, or suit in court. The prescribed notice how served on te- nants. * The preceding provisions applicable to sequestrators, managers, and farmers, holding under the authority of the Board of Revenue, or Board of Commissioners. The rules in force respecting distress, and sale for recovery of ar- rears of rent, ‘subject to the following modifications : No process for distress or sale to be legal, unless the tenant shall be served with a written demand, accompanied with a Jumma Wasil Bawkee ; the written demand and account how served on the tenant. Ploughs, implements of husbandry and cattle, employed in agri- culture, not liable to distress on account of rent. Attachment * See construction of the Sudder Dewanny Adawlut on this Section, dated 3d February, 1816. - BE ee eo Re ae ae ee eee a ts Wa q SOE TE en ek nen pee ae eet TY ; LJ Fi a 0 i ‘aa + 4 i f | ¢ » : 5os MS Tae t Te 5 1812] Sections | Recuiation V. 15th. Attachment to be withdrawn and the destrained property to be restored, should a tenant, who may not have given security, dispute SY the demand, and enter into a bond with security, binding himself to ‘nstitute a suit within fifteen days.—lIf the aetanlter shall fail to exe- cute the bond, the attachment shall continue and the property be sold, unless the arrear be previously discharged—And should he exe- ute a bond, but omit to institute a suit, his security may be pro- ceeded against, as well as the defaulter. 16th. Under what rules attachment to be withdrawn, in cases of the justness of the demand being disputed by the tenant—but on failure force for the collection of the Land Revenue. RELATIVE TO DISTRAINT AND SALE OF PROPERTY FOR RENT. 4 of the security, to execute the conditions of his engagement, will es in himself be liable, with the defaulter, to be proceeded against, U7th. Tenants unable to give security may institute a suit to try the. justness of the demand, or to recover damages. RULES A8th. Distrained property to be appraised previous to sale, and a certi- ending the Rul fy 4 fieate furnished to the defaulter. | Sale Ay at in ae is i ol ll el ee een 0 RR OL A GE LTS COLE IELTS: ODIO OM BO Se Eon ED Me COOL OLA EOTS ee ie aed Fal idee he ae eee , = e " rn 5 ; of ” é ; i } eM A a’ ae1612 SUMMARY REVENUE SUITS. Revenue. Amending the Rules in force for the Collection of the Land SALES QF ENTIRE ESTATES OR PORTIONS. SECTIONS 19th, 20th, 2Ist. See Regulation AIV. 1824, 22d, 23d, 24th, e-o 179~ ) Recuriation V, Sale to be postponed should the price offered be less than the ap- praised value. Suits instituted under this Regulation to be decided on as Summary Suits under the provisions of Regulation VII. 1799, All suits so instituted to be referred to the. Collector der Section 13, Regulation VIII. 1794. s for report un- The Collectors to furnish the Board of Revenue and Board of Commissioners with periodical returns, shewing their progress in the execution of the above duty. regular suit. Sales of entire estates not to be annulled by the Courts of Justice on the ground of some of the sharers not having obtained possession. —The decision on the expediency of disposing of entire estates, or of only portions thereof, vested in the Boards respectively, subject to the control of Government in its executive capacity. Sales Serre roa ates hire TSE Pit a hich seo Re J ea] Persons dissatisfied with the summary judgment may institute a or Pa a yyTA who 7 _— ™ — en 2 5 << = ©) N as: og eS & 26th. 2 > jon) ib) wn” — i ~ Et ¢, Sar ® § os 8 2 = & Sn s 58 ee m - e o re < = a Re =i fm & ° + Es aN a: o"th. ~ = — 2 S ee = TOE © Ou = < 180 ) Recuiation V. Salés are not liable to’ be annulled by the Courts on the ground of the proceeds having materially exceeded the arrears due; the Boards’are to’ be guided in such cases by theit own discretion, subject toany orders of the Governor General in Council. In cases of disputes existing between the proprietors of joint undi- vided estates, ithe Judges of the Zillah Courts (on sufficient cause be- ing shewn by any of the revenue authorities, or joint sharers for the | interposition of the authority of the Court) shall be competent to appoint a duly qualified person, under proper security, to manage they estate—Objections to the individual so selected to be preferred to the Court of Appeal, who will confirm the appointment or direct a fure ther selection. Courts may be moved for the removal of such managers should their conduct be unsatisfactory—any order passed on such petition by a Zillah or City Court may be appealed to the Provincial Court. Such(. Win D pe OO — 09 SECTIONS RrecGuiation V., 28th.C.1st.{ . Such parts of Section 2, Regulation I. 1801, or other Regulations Revived by Section} Which declare defaulting Landholders liable to a penalty of 12 per 2, Regulation XII. é 3 ; 1824. Cent. in addition to the established charge of interest, rescinded. c.ea| Landholders, failing to discharge their monthly instalments, shall be charged with interest at 12 per Cent. per annum, unless remitted by the Boards, respectively for any special reason, or on the report of the Collector. INTEREST ON ARREARS, The Boards-to obtain periodical accounts of such interest to be Ea a RO ER Re Te Rate TST tT Ptr salle | RTE nn ee ee me Land Revenue. Gq 9 2. compared. with the Towjees, and shall furnish the Collectors with any Amending the Rules in force for the Collection of the instructions that may be necessary. | Parts & ws rp ae| 1812] Sections Section 2d, ~ S 3d. & ro) o 3 » ond = ? ¢ © 2 & 4th. = ee = :.£ 2 2s eR = os 5th. Se = = eo Po Se See C. 3, Section 2. a» © |Regulation I. 1813, <— Se = = "S = — ed e a _ + gente a ed ee gem ee ee od nn ne aieuie ieee nn ceariaaiieniian hati a ee oy ’ ad es f | t ee Bs 8 Reve as ( REGULATION XX. 182 ) Parts of Sections 5 and 6, Regulation X. 1807, (C. C. P.) rescinded. Declaration contained in Section '7, Regulation IX. (Conq. Pro.) and'C. 6, Section 4, Regulation XII. 1805, (Cuttack) which relates to the settlement in perpetuity of certain estates declared in full force — and effect. The Boards of Commissioners and of Revenue, respectively, to as- certain what estates are in a state of cultivation, to warrant the con- clusion of a permanent settlement—such settlement on what princi- ple to be founded, subject’to the approval of Government. Reports to be made to Government of such estates as may not be in a state sufficiently improved to admit of the conclusion of a per- — manent settlement, without a sacrifice of the public interest, and the. | Governor General in Council will determine for what period a set- tlement shall be concluded. In1812 GRANT OF LEASES FOR AN UNLIMITED PERIOD. Modification of existing Regulations. ASSESSMENT ON SHARES OF DIVIDED ESTATES, SECTIONS Section 2d. 3d C. Ist. ( 183 ) Recuration XVIII. In explanation of Section @, Regulation V. 1812, it is hereby ex- plained, that proprietors of land may grant leases for any period and at any rent, provided that nothing in this or any other Regulation shall be construed to empower persons holding a restricted interest in estates, whether for life or for other limited period, or subject to control or restriction in the use or disposal of the property, to grant leases extending beyond the time of their own interest in the pro- perty, or exceeding their power or authority over it. Sections 3 and 4, Regulation XLIV. 1793, and Sections 3 and 4 Regulation L. 1795, rescinded. On a division of an estate by application of the parties, or a decree of Court, the public revenue to be apportioned on the shares agreea- bly to the principles prescribed in Section 10, Regulation I. 1793, and Section 7, Regulation -KXVII. 1795, without regard to any subsisting engagements between the proprietors and their dependant Talookdars, (excepting those described in Section 7,. Regulation AXLIV.1793,) or other under-tenants, butall leases made in conformity with “2 _ a , 7 \ wae sal & + e - z ra “S = le pe ae 7 - a Hh Se Pas GR Tn a Me tg Sole et ee Fn ee PRAT eee Ty eee She ee a eee REO EN eR TT Tr eT rT Ti ees Wie hcee ee eit ehaettel al eee lie eee o~* 12 ; i 4 } . : ; ee a i é wr Tec Settlement of Cuttack, Puttaspoor, &e. pascal O&O \pnecared MS NOT AFFECTED es S WHAT LEA BY A DIVISION OF AN ESTATE. ferns, OO poco 9 ce Go Section 2d. C. | SECTIONS Ist. - 184 ) Reeutation XVIII. vith Sections 2 aral 3, Regulation V. 1812, and Section 2, of this Regulation, to remain in full force, notwithstanding such divi- sion, or the sale of the whole or portion of an estate ; or the devolv- ing of the same by inheritance, or by private transfer by sale, gift, or otherwise. Recuxation I. A settlement for one year to be made in Cuttack, and in the Per-_ | gunnah of Puttaspoor and its dependancies; viz. for the year 1220 | Umlee. A further settlement to be made for two years on the expiration o f the foregoing. 7 | | On the expiration of 1222 Umilee, the Board of Revenue to conform to the provisions of Section 5, Regulation X. 1812, respecting the future settlements. Khazanchees1813 of the Public Money. - ing use Q For preventing Native Officers mak SECTIONS Section 2d. a 4th ° ( 185 ) Recuriation II. Khazanchees, Tehseldars, and other native Officers entrusted with the charge of public money, prohibited making use of the same for their own-advantage, or that of any other individual. Persons infringing the above rules, shall be deemed guilty of a mis- demeanour, and punishable, on conviction before a Court of Circuit, under Clause 7, Section 2, Regulation LIII. 1803, at the discretion of the Judge, with the exception of the infliction of stripes or punish- ment of hard labor. Ifthe term of seven years imprisonment shall not appear adequate to the offence, the Judge of Circuit to transmit the trial to the Nizamut Adawlut, for the final sentence of that Court. The Boards of Revenue, of Commissioners, and of Trade, submit to Government a special report respecting all convictions and sen- tences, which may take place under the provisions of this Regu- lation, in order that the Governor Generalin Council may deter- mine, whether the offender shall also be declared incapable of again serving Gevernment in any public capacity. Payment OY OR RR Lee TEE EE TS ee Teh et Meet EG he Se meee ety Py Vor Voy ke PE ce bon ae Pete Tae Dae ~*~ td : Ei : 3 & as i— et pe - aart an * m aa*: f Mm Ort kaa _— a oe a iailalll ne vehr enema iat ae ia _ a ee =e ooe - as ee ee ee i ees eel ee ie ee iid ‘ —— . ee 2 t | fy i 1 i 1 Bi s : > Pet Me 1813 Rules relative to the Payment of Pensions. SECTIONS Section 2d. 3d: C. Ist. C. 2d. 4th. 5th C., Ist. C. 2d. ( Recutation XI, 186) Payment of pensions in general to be stopped from and after the Ist | October 1813, until due enquiry shall have been made as to the title of the pensioners to the receipt of them—Specification of the descrip- tion of pensions to which this rule shall be applicable or otherwise. The Collectors to prepare, under the directions of the Boards, a re- vised list of pensioners whose pensions shall be continued. The Collectors to correct the Registers, whenever the pensions may revert to Government. Pensions exceeding Rupees 50 per annum, to be paid in the | mode prescribed by the provisions in Regulation XXIV. 1793, and : Regulation XXIV. 1803,—but authorized pensions may be trans- ferred from one district to another. Sections 15 and 16, Regulation XXIV. 1793, and Sections 14 andi | 15, Regulation XXIV. 1803, rescinded. Persons receiving pensions not exceeding Rupees 50 per annum, — to attend once in each year at the Cutcherries of the Collectors, on the®jeoeseth OO feet Payment of Pensions. Office of Dewan to Collectors abolished. GO CN Section 2d, SECTIONS ( 197 ) Recuration XI. Was rc ee sie tk te ie ike : ts a the issue of the first quarterly payment for the purpose of identify- ing themselves. The three remaining quarterly payments may be made by any Officer whom the Collector may direct to perform that duty. A reward equivalent to the amount of any pension, for the period of six months, will be paid to any person who may prove that the pension is fraudulently received. eee cee eer REGULATION XY, rRXT. x oe 1S Lhe office of Dewan to the Collectors of Land Revenue abolished from the Ist January, 1814, and the provisions in Regulation Il. 1793, Regulation V. 1795, and Regulation XXV. 1803, relating to the appointment, duties, and office of the Dewan, hereby superseded. Pensions (quitswmrnticiemeats : rl a “¢ i ; * H & :6 fA ( age'* } SCTIONS Reautation XIL | 1814) Sections ( Section 2d. Pensions granted by Government to Invalid Native Officers and Soldiers, not to be seized or attached at the instance of a creditor, or in satisfaction of a decree of Court—What case of exception to this rule. 3d. All assignments, bargains, sales, &c., which may be made by a pen- sioner, after the date of the promulgation of this Regulation, for mo- : ney, to be due thereafter, on account of his pension, to be null and | void, and of no effect—In what case excepted. Regulation Relative to Invalid Native Officers and Soldiers. Pe ed a et a oad — wore ee ee eo qyeet ange —— — 7 . ~~ —— - ot ed Dee a ent teed te eet i ed tidal seaaililied ed Mad | ; ; t & i Hi : 2 Br ree P| oo eres)( 189 ) 1814; SECTIONS Recutation XIX. Secti 2d. y ilaty aa P7Q2 4 tds NT Ky mT) « Po ee, ee Regulation XXV. 1793, Regulation XXVI 1795, Sections 12 and culation V. 1796, before rescinded by Regulation V. ‘ear Regulation KXVI. 1803, Regulation VI. 1807, and Regulation V. 1810, rescinded. o. Pp 8 Q Ns ge eee ‘ .. 13, Regulation I. 1801, Section 29, and remaining Sections of Saba e _ * The division of any estate into two or more:shares, wand the allot- ment of the Jumma, to be executed under the superintendance of the Collector.: °° th. C. ist.| Proprietors of joint undivided estates entitled to have a division eae ne eee eae ee is - y PLOT RENE Yo RECIENTES PRE SPR Ce TCR Ee oe EE TET Re RO ne bee ees loo tee eee ea 5 at their own expense— Manner and form of application for that pur- pose—and report to be made by the Collector, to the Board of. Revenue or the Board of Commissioners. c.2a| Any of the proprietors of a joint estate, held in common tenancy, entitled to have their shares separated—the Collector how to pro- ceed on receiving an application for that purpose ; and should any of the parties in possession, object to the right of the claimants to have a separation, the Collector not to proceed to a division until the disputed claim shall be determined in a Court of Justice, or admitted For the Partition of Estates paying Revenue to Government. by a writing duly attested. If no objection be made, the Collector to proceed to make the division poet Pee Pr op te y ae) See 4 P | i i § er Fig Revenue to Government. ee ee states payin For the Partition of E ' H e ’ : $ ‘ i & ‘ $ 4 . ' ' ' : ; 4 t ' 3 i i FY ; } r ' i i ‘ ; & b 1 : ¢ 1 i j Biss a é ¢ SEcTIONS C. 4th. Sth, 6th. ( Hed: RecuiaTIon XIX. ce division in the manner hereafter specified, and the expense how de- frayed. | The foregoing rules applicable to portions of estates consisting of distinct Mehals. In decrees by Courts of Justice requiring a division of an estate to be made by a Collector, the payment of the expense to be provided for in the decree as herein directed. Two or more estates, which originally formed a part of the same Zemindary, may be united and registered as one estate— Application for that purpose how made. Each estate divided shall be rendered as compact as possible. The public revenue shall be assessed on each portion of an estate divided, according to the rules prescribed in Regulation I. 1793, in Bengal, Behar, and Orissa ; Regulation XX VII. 1795, in the Pro- vince of Benares ; Regulation XXV. 1803, in the Ceded Provinces ; | Regulation IX. 1805, in the Conquered Provinces; and Regulation XII. 1805, inthe Province of Cuttack—Considerations tobe attended i tofaced CO For the Partition of Estates paying Revenue to Government. 14 “7 SECTIONS 10th. llth. 13th. C. Ist. | to in selecting the Mehals or villages to be included in each separate ( 1 4 Recuuation XIX; estate. Lhe dwelling house and adjacent’ premises of one sharer to be retained by him in payment of rent, although situated within the share of another. Rules with respect to the allotment of Tanks, embankments, &c. “Also in regard to places of religious worship. Division of an estate to be made by an Aumeéen to be appointed by, the Collector, to be paid by a per Centage'on the Jumma. Aumeens convicted of corruption, in violation of their oaths, lia. ble to fine and imprisonment. ‘The prosecution to be conducted by the Vakeel of Government at the instance of the Collector, before the Zillah or ‘City Magistrate as amisdemeanor. And alsoliable to a suit in the Civil Court, and on conviction, may be compelled to restore any money or property taken, to the party prosecuting with all costs. What he coe: % ome Ret cg ors Preece oe eee ay Ue et eee Boast eee | Beas aca i sacra this wha ad NS aici ak EO a NRE RG ERR Eats SEE AETLARAaLTREeRaae, 515th. C. ee ee on Aeeemn states paying Revenue to Government. V ¢ A tion of F Z Part os rv the Lo ) 4 b . A t i i . t t } ; t ; | : 1 ae . t | r | Pt a Ist. C, 2d. ©. 4th. C. 5th. C. 6th. ©. 7th. What Documents.are to be supplied to the Aumeen by the Specification of the rates of per Centage to be allowed to the In cases in which a measurement of Lands may be nece Aumeen to be separately paid for such duty. The’ Collector to advance one-third of the per Centage to the Further advances to be issued according to the progress made in forming the partition. If the partition made by the Aumeen be not confirmed, the Board of Revenue or Board of Commissioners may declare the claim of the Aumeen to any further payment forfeited. When the partition may not be made within. a prescribed period allowed, it may be extended if necessary, or if delayed by neglect of the Aumeen, that Officer to be suspended, and a report made to the Board or Commissioners for orders. How the Aumeen isto be paid when the per Centage may be considered an inadequate remuneration.1éel4 of Lstates paying Revenue to Government. 2071 O For the Partit SECTIONS C. 8th. 16th. 17th: Gy dst Reseinded by Re- culation XII,1817. penetinneen 193 > , “yr Ps Recuntarion XIX. A TKinry ae Ons ¢ . > ss 2 “ e 4 ‘Any fines and arrear of per Centage, how appropriated when ai Aumeen may be superseded. Aumeens to survey the different parts of an estate in person, that he may select the lands conformably to Sections from 7 to 11. Proprietors to furnish the Aumeens with the necessary accounts to enable him to allot the Jumma on the different shares. Proprietors, their local Naibs, or representatives, to swear to the truth of the accounts ; or if exempted from swearing, to subscribe to the truth of the declaration, and will be liable to such daily fine as may be directed by the Board, if they shall omit to furnish the ac. counts required. Proprietors to cause their Putwarries to attend the Aumeen under similar penalty in case of failure, and Putwarries refusing to deliver their accounts, or acting contrary to the rules contained in Sec- tion 62, Regulation VIII. 1793, and the corresponding Sections in Regulation ee ‘ at ze : ; rm : m Prete ay - re Bene ay oe aay 3 tet ct ATS ea: : epee . er is Ry ae er ae Fe RE EOS AN ne PEO a TL LLL Seat a PST DEP tal oe ee eRe pe re pues CREE ea a | a: EK re es Sear aS Te = Se pe St ees _ a aiaoo = fy 3 dein) bie. ae emai rd Peete taal 7 F ene GS Nereis . ” we ; “a - ' iad ae a eee eel On ald iat | : | [ ; Vi { F ; } y i ee ; . Ms iy! eww! OO prec For the Partition of Estates paying Revenue to Government. ne SE 2 ONS ret Cr c 18th. 19th C. Ist | ReGuitaTion XIX, Regulation XX VII. 1795, and Regulation XXLX. 1803, to be pro- ceeded against, as therein directed. What documents shall be delivered to the Collector by the Au- meen when he'’shall have completed the division. | Collector, after examining the documents, and hearing the objec- tions of the parties, to draw out a paper of partition—what particulars the paper is to specify, and a copy to be transmitted to the Board of Revenue, or Board of Commissioners, with such observations as may be necessary to enable the Board to judge whether the allotment of the Jumma is conformable to the Regulations. A copy of the partition paper to be furnished to the sharers, pre- viously to being forwarded to the Board, and if the parties, in writ- » ing, declare themselves satisfied, or omit to offer any objections with- in fifteen days, the Collector shall proceed to.put the parties in pos- session, reporting the same to the Board, and submitting a copy and 4. translation of the partition statement and allotment of Jumma, Re ea . which SSS occfrcveel co a pp» For the Partition of Estates Paying Revenue to Government. Gece SECTIONS C. 3d. 20th C. Ist. C. 2d. ( RecunatTion XIX. 195) which shall not be conclusive until confirmed by the Board, or by the Commissioners, who may alter the same if necessary in pursuance of the prescribed rules cited in Section 8, of this Regulation, and: may also alter the division of the property, or if necessary, may direct further enquiry previously to determining upon the case. In the event of objections being made by the sharers to the parti- tion within 15 days, the Collector to transmit copies and translations of the partition statement, and objections for the orders of the Board, or Commissioners, with any part of the Aumeen’s report, or other pa- pers necessary for the Board’s information. The decision of the Board of Revenue or Commissioners thereon shall be final, and the Collector on receipt thereof, to put the parties in possession, and make the necessary entries in the records. No objection to the partition shall be received by the Board after the lapse of the period allowed for stating such objections to the Collector, unless good cause be assigned. Boards apie Rade en eR SERS SERIES ee tas heb Pe Reg NCE ee eC ETE SSS rr ae Re Tee a Soe eR Te ete oe Le ne eer re et Skt a See eee CTE tsee oroeereten hy er roe ) eae ed eee ea ee ee i ie & ; ; fo a, Reel as — CO For the Partition of Estates Paying Revenue to Government. ‘real >> SECTIONS C. Zist. 22d. 23d. (206 3 Recvuiarion XEX. Boards may impose a fine on any party preferring groundless vexa- tions, or litigious objections—such fine to be recovered by the same process as arrears of revenue. The Collector (subject tothe approval and confirmation of the Board) or the Board itself, may impose a daily fine on any of the sharers with-holding papers or accounts required to be surrendered, or other- wise impeding or opposing the division of an estate—such fine how levied, and the amount to be determined with advertence to the circumstances of the parties. | Division of estates may be made by the sharers themselves ; or by arbitrators under the inspection of the Aumeen in certain cases— what rules to be observed in such cases. Aumeens employed in superintending private partitions, shall be nominated, and the expense defrayed in the same manner as if made under the orders of the Collector, but the Aumeen in such cases to receive only half the amount. Cases—! CO penal 7g Revenue to Government. of Estates P TON O at For the Part SECTIONS 24th, 25th. 26th. 27th, {. wr 4 Recuiation XIX, Cases in which to obviate fraud or partiality, the sharers are to draw lots for the lands that are to form their respective estates after the division shall be finally adjusted. The Governor General in Council reserves the power of ordering a new allotment of Jumma at any period within ten years, on proof of fraud or collusion in the previous allotment, and may likewise or- der the parties whose estates were over-assessed to be indemnified by those whose estates may have been under-assessed.—-The amount so payable to be levied, if necessary, by the same process as for reco- very of arrears of revenue. Sharers not attending in person, to appoint Vakeels, with full pow- ers, to act for them. Boards of Revenue and Commissioners to be careful that the rights of female minors, or disqualified landholders, be duly attend- ed to in making divisions—report in such cases to be made by Col- lectors. Joint one Ste onan Rea SET pened e Be ore tr ee rae. et Rak ey See ee = eae: Ss ahh cena pee NSM Stn al ad NCI Matias Pere epee Sy TE TN Tp APea tas Sd Sree Cre . EEE Sn ern DERE eer area See eae ee eee ee er oe ee D ee co ee a ee RRR Shr pee rege or aaa ns ante 1-4on _—— anges os aie, dale ““ ny ee r ut = ete od Sopeeeeton oy Sn ne een mati ote ena aeialidell OE ELE LELEE AEE DIED OO LG LP OL OR eee EN hger ae rere ie aa le . | i i ; | 2, Se 1814 of Estates Paying Revenue to Government. 207 O For the Partit SEcTIONS 28th. 29th. 30th. 3lst. REGULATION XIX. 198 ) Joint landed property to be held responsible for the. public -teve- nue, until the parties are put in possession of their distinct shares. Under what rules the partition of estates held Khaus, or let in farm, is to be made as relates to the allotment of Jumma, and the production of any necessary accounts. The whole of the provisions of this Regulation applicable to joint estates held in common tenancy, without any separate title to dis- tinct lands or Mehals forming part thereof, but held under one general assessment. ‘To what cases some of the provisions of this tegulation are not to be considered applicable. After the date of this Regulation, a register is to be kept ac- cording to a prescribed form of all partition of estates confirmed— and whenever a distinct estate (created by division) shall fall ins balance, if within ten years of the date of division, the Collector to report to the Board the cause of the balance, and the Board to determine, on consideration of such report, whether to recommend to Government a re-allotment of the Jumma. Provision— «|. e jaoend For the Partition of Estates Paying Revenue to Government. cx posteae SECTIONS 32d. 33d. ¢ 18). 4 Recutation XIX. Provision for ‘discouraging: artificial impediments or delays occa- sioned ‘by any-of the parties in possession—=measures to be adopted ion an application from the party out of possession. Rule to’ be observed in cases of ‘an estate falling in balance while under division, but’ ‘before: the separation has-been completed and confirmed—any sharers, in such cases, whether in possession or other. wise, at liberty to pay up their respective quotas ‘of the Jumma—and the sale to be made only of the portion of the’ estate belonging to the defaulting sharers, and the. division’ to proceed from the portion of which the balance was paid up. 34th C. ist.| Lhe following rules to be observed in order to prevent delays in a allotting the Jumma of specific Mehals forming part of an estate. v Proprietor of such Mehals under separation, but not completed when the estate shall fall in balance, may tender his share of the balance due, and if not in possession, shall be immediately put into possession—the proportion payable, how calculated—the Collector, if pee = sa rar eee ye eat ey cana. Sernsy aape eA gs Rei Te aaeiate pws kek tea MOR Rea, SOE AEE LAAARehteRaae eee eee nation Tee eee Ton aoe 5 ee: ara we So rr toes ~ Sree ne eee Pt ee eee PR Pe ee SL ar Line Pe: SoS Ps ror By titi eee — - - - Se AOD ERG AED te eel St aiedoie a onc. anand “ dl - eT eT ee aan aaie medial al Sook site aa de Soke 2” odie keeled tiene eae a a ae Pe ee aad De ete el ae eae? cw See a) a 1814 Pariition of Estates. SECTIONS 35th. ( 200 .) Recuitation XIX. ‘f satisfied that the amount produce of the Mehal is not under-rated, shall receive the same, and the sale to be made with the express exception of such Mehal, and the separation to proceed in the man- ner prescribed—any excess of Jumma paid by such proprietor to be refunded, or any deficiency to be made good. The Board of Revenue and the Board of Commissioners to be guided by any special orders they may receive from the Governor || General in Council, to whom they are to apply in all cases unpro- | vided for by the Regulations. Zillah1814 the Employment of Native Creditors of Public Officers. ing Prohibit SECTIONS | Section 2d. 3d. Ath [| 301 4 Recuration XXI. Zillah and City Judges, Collectors of lend revenue, and Salt or Opium Agents, not to employ, in any official situation on their estab- ‘lishments, any native creditor. The Boards and Provincial Courts, }on receiving the reports prescribed by Regulation VIII. 1809, to satisfy themselves, that natives recommended to fill situations on the establishments of European Officers, under their control, are not the creditors of the latter, The foregoing rule to be equally applicable to relatives and depend- ants of such native creditors. - Rescinded by C. 3, Section 2, Regulation VII, 1823. The a | ay 4s aS 4 ic ° LC bi YT vr. ery aw rat ~~ J E ‘ Py x PTE -)" Pr Salle ear) we “a a . Ey, ” Fe eer tr: re oy 4 oad met | rt a Fe x ‘ D : Pe eS 9 re so e 3 ‘ - es ot, 7a a S t ef ote 3 2 Pe) te oat a 5 et ears F be ae ‘i . "we ae t cal A ie ie ey Py oak SY it Pry bi } one i at Ay Af ' ne A Yo! stg A + ny ary! roms ad i" ee, a eee ae oe eT ie eee ia gamed aati doh ite olin aint nd ee Ce wees, | 2 i f : a — CO — wl Settlement of the’ Ghautwally. Mehals in Béerbhoom. ° SECTIONS Section 2d. 4th. 202 Recuiation X XIX. The Ghautwals in Beerbhoom, and their descendants in perpetuity, to be maintained in possession of their lands so long as they pay the. ; |rent, and. not liable to any enhanced demands of rent. The Ghautwally lands tobe considered as forming a part of the cS } 5 Fen . ‘ ; | Zemindary of Beerbhoom; but the. rents to be paid direct to the! 4 | Assistant at Soory, or such Officer as may be appointed by the Board | with the sanction of Government. ae The difference between. the amount of revenue asséssed on the Ghautwals, and the fixed assessment payable to.Government, to be | i ee | paid to the Zemindar of Beerbhoom, ‘or his Successors, in perpetuity. | | re s ® e | On failure of the Ghautwals to discharge their stipulated rents, eos SO OE ‘the Governor General in Council may cause their tenure to be dis‘ posed of at public auction, in satisfaction of the arrears due, or may.’ > | trarieher the tenure of the defaulter, as herein provided, subject to any increased or reduced assessment. padeaed f p | i Periodical( 203 ) 1815] Secrions | Recutattron III. Section 2d to 5th. Periodical settlement in Cuttack continued. FaAT Se pecs ape Roce SeEI Ale hiazataaee 6th. Zemindars not to be deprived, by any construction of this, Regula. tion, of the benefit of the pledge conveyed in Section 4, Regulation XII. 1805, and confirmed by Section 3, Regulation X. 1812, relative to estates which may be ina sufficiently advanced state of cultivation ne PRC eT nh fe eee for a perpetual settlement ; and the Board to report to Government, any estates, which may be in condition for a permanent settlement. One Ghautwally Mehatls. a es ee SPP a NT ee oa Lr So ere) aite on eee ey ma Ct ees Re tc _ + eemmyyy ee oe F Pr a ee Bi ae : ia E a = ee eee ee ieee tale al PQeesbt gE SPE eng ere” ee Se el ote all tied tn : | } ; Fi 4 § mrt For re-establishing the Office of Canoongoe in Behar. ed: x, See Regulation V. 16, Regulation 1817, . Regula- I ° 4th. Recuration II. One ‘or: two persons to be appointed to execute the office of Canoongoes in each Pergunnah, in the districts of Shahabad, Tirhoot, Sarun, and Behar—exception in case of small Pergunnahs. Individuals to ‘be selected by the Collector for appointment, from the persons who before discharged the office, subject to the approval of the Commissioners, and shall not be removed except for sufficient cause, approved and sanctioned by the Commissioner, inder the pro- | visions of Regulation V. 1804, and Regulation VIII. 1809. ~\ The office of Canoongoe not to be hereditary ; but the Collector, in | nominating persons for vacancies, shall, whenever practicable, select é cm fit persons from the families of the former Canoongoes. Canoongoes to receive fixed salaries, which shall preclude all claims to further remuneration of any sort, the amount of salaries to | be determined by the Governor General in Council— Alllands hitherto ; held by Canoongoes, in virtue of their office, in the Province of Behar, | declared liable to resumption, the Governor General reserving the powerSee ha A a io (t 20m ) ] 816) SECTIONS Recuration II. power of dispensing with this latter rule in such cases as may appear proper. LAT’. eh 6th. B Rel The above rule not to be applicable to lands or claims to pensions, under grants made to individuals unconnected with the Canoongoe office. | 7th. Duties to be executed by Canoongoes as follows: C. Ist. To: keep a Jumma Wasil Bakee, or accounts of collections made by Tehseeldars or ‘Sezawuls of lands held Khas, or under ea ea ee CES eT LE ath eee rt ER Pee ie ae attachment. 2d. To keep an account of all lands held under rent-free tenures, the Office of Canoongoe whether the grants be hereditary or otherwise, and to report to the ing Collector all escheats of such lands to Government. sh h 3d. To keep a. list of Putwarries in each village, anda register of Pottahs granted by the landholders to their under tenants. PEP CAE Fea eR er ee 4th. To keep a register of all transfers of estates, by sale, (public For re-estab or private) mortgage, lease, or otherwise—and to attest such transfers, 4. at rR eae i eeree es es 7 OI og TRS ca ee ee Ne~ eo ee . on en emmy ete 9 ore. enh Pe” be Bhs 2 S Ce ae f eee ae eae ede poe deh te ohaantiaheaiinadiil ee eT eee Ce ohed oe ; Ne, A = P 4 A et 3 ‘ ta . eee > ae ie ea ee Pent ys i ld 1616) Srcrrons Recunation VI. jSection 2d. The existing settlement in Cuttack, and in the pergunnah of Put- taspoor and. its dependencies, to continue in force till the expiration of the year 1226 Umlee. 34. | Zemindars not willing to continue their engagements, to notify the same on or.before the Ist July, 1816. 4th. Zemindars failing to conform to the foregoing provision, will be held responsible for the revenue. oy The settlement of the lands let in farm, or held khas, how to be adjusted, and with whom concluded. 6th. Collector how to proceed in cases of recusance of the zemindar. ee ee Sonn res eae tS ets TT tee A commissioner a oe “: = Extending the Settlement of Cuttack, Sc: ie ae Pa ee ne Pex - a -_ ee ilour’ — — —— ee eee ory a - ee ee ee ae ae eel oes ad oe c c ee Rt ™" . | [ gE ' ay . i BY: . i — OO — APPOINTMENT OP COMMISSIONER IN THE — OO AUTHORITY OF COMMISSIONER @N 1816. EXTENSION OF REGULATION If. SUNDERBUNDS, jocened aunt BEHAR. > SECTIONS tn, Section 2d, Section 2d. Section 3, Regula. tion IIT, 1829, Section 2d. See C. 1, and 2. 210 ) Recuuation IX, A commissioner to be appointed in the Sunderbunds, to be vested with the same authority as a collector, and to be subject to the con- | trol of the Board of Revenue.—The local limits of his authority to 1 be fixed by the Governor General in Couneil. ReGuLation I. The authority of the Commissioner in Behar and Benares extended to the districts of Ramgurh, Bhauglepore and Purneah. Recuxation II. The operation of Regulation I. 1816, extended to the several pergunnahs in the district of Ramegurh, Bhauglepore and Purneah, which are comprized in the province of Behar, and usually designat- ed the Fuslee Mehals of those zillahs. Section1e61%7 tration of the Office of Putwarree. inis de for the better Admi e YOU Lo p SECTIONS Section 2d. See Section 3, Re- gulation XIII. 1817, see Regula- tion I. 1818, and C.2, Section 4, Re- gulation I. 1819, 4th, 5th, to the appointment of Putwarries,:are rescinded in (. a 4 Recuration XIL 2 Section 62, Regulation VIII. 1793; Section 8, Regulation IV, 1794; Section 9, Regulation XXVII. 1795; Regulation XXIX. 1803, and such parts of C. 4, Section 23, Regulation VII. 1799 ; Section 25, Regulation V. 1800, and Section 8 Regulation I. 1801, as refer so far as regards | the ceded and conquered provinces, the provinces of Behar and Be- nares, and the District of Cuttack and Pergunnah of Puttaspore and its dependencies. Every village to have a separate Putwarry, unless when otherwise, for special reasons, authorized by the superintending revenue au-’ thority. Putwarries now in office, to be continued in their situations, sub- ject to removal under the rules prescribed by this Regulation, Zemindars and holders of villages to furnish the Collectors, within three months, with the names of the villages, and of the Putwarries attached to each. Zemindars, or landholders to nominate Putwarries to villages, where none have been established, reporting their nomination to the Collector within the period prescribed. Collectors 4 7 SS aa NN oe east rer ait TEN Fe ee ee b | 3 i : i6th. a goraeweten ty ee Sth, tratvon of the Office of Putwarree. nis Adm 9th. i etal a eee ee ae ed ae ot ah a i alee ei Vi A a ; i Bs . a a St a oe) a 18171 Sections | ( See 4) Recuiation XII. Collectors to prepare a register of Putwarries in their respective districts. 7 Vacancies in the office of Putwarry to be filled up by the Zemin- dar or Mulgoozar of the village, and the nomination to be reported to the Collector within one month after the vacancy—but such no- mination to be conformable to any established usage of the village ; and the Collector to see that the rights of inferior Putteedars or shar- ers of joint undivided estates, or under-tenants, as connected with the appointment of Putwarries, are duly maintained. If the Collector shall see no objection to the nomination reported by the Zemindar, he is to insert the name of the Putwarree in the || register, otherwise to report the case with his objections for the™ orders of the superior revenue authority. The proprietors of joint undivided estates shall be jointly and 7] severally |181% Rules relative to the Office of _Putwarree. SECTIONS J120th: Ith. Explained. See Section 6, Re- gulation I. 1819, 12th. 13th. Extended. Section 7, Regula- tion I, 1819, OO pron of ( Recutation XII AS - 3 | severally bound to supply the statement prescribed by Section 4, and to nominate Putwarries, as directed by Sections 6 and 7. Collectors to appoint Putwarries in estates held Khas, or under the superintendance of the Court of Wards. In case of refusal or omission to conform to the foregoing rules, the Collector, with the approval of the superior revenue authority, may impose a daily fine on the defaulter. Zemindars or Mulgoozars, engaging with Government, Wishing to remove a Putwarry, to state his reasons to the Collector; who will authorize the removal or otherwise, as shall appear proper. Zemindars, Malgoozars, &c., liable to afine of Rupees 50, for the first offense, and Rs. 100 for the second, on removing a Putwarry without authority of the Collector ; andif the Collector shall deem the removal unjust, the Zemindar, with the sanction of the Board, or superior revenue authority, will be liable to a daily fine until the Putwarry be restored. Putwarries + A “ a Se Pea nee EE ROE) ee es ibwsre! <3 Cs . Fe) Pt Raa AERO Re PST TT Era tf en | ag | : a4 # Py 4 ¢ ba 4 3 A we(tia } 1817| Srecrrons Recuiation XII. d 14th. Putwarries may be removed by the Collectors on sufficient grounds on the representation of the under tenants. Lith. | Collector to report to the Board, or superior revenue authority, for sanction any removals they may see grounds to recommend. 16th. The duties of Putwarries to be as follows: To keep such, registers and accounts relating to his village or vil- ES eee 'lages, in manner and form as heretofore the custom; or as may be | prescribed by the revenue authorities; with such further accounts or registers as may be so directed. to the Office of Putwarree. sd.| To prepare and deliver to the Pergunnah Canoongoe, at the ex- x | piration of every six months, a copy of the aforesaid accounts, shew- = S ing distinctly the produce of the Khereef or Rubbee harvests. 3 5d, To perform all other duties and services which it has been cus S |tomary for him to execute. 4 | The Board of Revenue or Commissioners to determine on the & 11) — zt - , - a ~~ a neal ——_ eee a ed Pe en ee ee Te einen ae : e ' ; ; ry, i 4 i ae1817! Sections 18th. ® sb) > 8 S 3 a, > &% & ) ® = *- S 2 iv) eS 19th. > re i.) & & ae Z s Ry M4 20th, ( 915 ) Recunation XII, in which the accounts rendered by the Putwarries, to the Canoon- goes shall be brought forward and recorded in the Collector’s Office. The Putwarries to be paid inthe same manner as heretofore, whether in money, grain, or land—the Collectors to complete an account of the mode in which such payment.is made in the differ- ent Pergunnahs, and submit the result to the Board or other supe- rior Revenue authority ; who shall be competent, with the sanction of the Governor General in Council, to reduce the amount of remu- neration, or to alter or modify the mode of payment if sufficient rea- gon exist. The Collector how to determine. the remuneration to be made to— Putwarries who may be appointed to. villages. where none before have existed. Putwarries not receiving the authorized. or accustomed remunera- tion due to'them at liberty to! complain to the Collector, who will enforce payment, and may fine the offending party. — When ENCE WEE EON eee ent geo tt ite ttt ee alli < ag ee ee ereRules relative to the Office of Pusmarree. . 4 i. s | f : ai al Fe — SECTIONS 2Ist. ne zo = 23d. See Section Regulation II. 1819. 24th. Se Recuiation XII. When the decision of the Collector shall be governed by usage, an attested report of the Canoongoe, as to'the custom or usage in reference, to be inserted in the Collector’s proceedings. Collectors empowered to summon Putwarries when necessary ; to require the production of all accounts kept by. them ; to examine them on oath as to their truth or other matters relating thereto; or regarding the lands, produce, rents, collections, and charges of the village or villages to which the Putwarry may belong.—In what manner Putwarties are to be summoned. Putwarries neglecting or refusing to produce their original ac- ‘ counts, or to give evidence respecting them, may be apprehended by the process of the Collector, and lodged in the Civil Jail of the District until the required accounts be produced, ‘or sufficient cause shewn for not doing so—the offender, in such cases, to be sent to the Zillah Judge, with a Robokaree of the Collector. Putwarries in like manner to produce all their accounts when required ©.atfre.s * ( Si) 1817, SECTIONS | Recunation XII. required by the Courts of Justice, or on failure or neglect may be committed to close custody. 25th. ~ Collectors empowered to require the attendance of Putwarries, or any officer deputed to examine village accounts, and may grant See Section 24)a commission to swear Putwarries, specifying the name of each Regulation VII. 1822, Putwarry to be sworn—and in case of refusal or neglect to attend Bete ons.) ities. ht, lial ® ee a 3 = ee BOR on the deputed officer, or to give evidence, may be proceeded against 4 Ss Y ; | by the Collector as under Section 23d. 3 © - j : ! 55 S 26th. Putwarries, who may be convicted before the Court of Circuit of et tg giving deliberately a false deposition on oath, liable to the prescrib- ; *S » is ed penalty for perjury ; and persons causing or procuring the Com- : i mission of such offence liable to the penalties for subornation of y : | y 5 * ¢ 3 perjury. “4 i 9 27th. Putwarries fabricating, falsifying, or mutilating any village ac- RQ 3 RS counts; or furnishing such to the Canoongoe or Collector, liable, on ! conviction before a Court of Circuit, to the prescribed penalties for I} | forgery; and persons causing or procuring such offence liable to be punished as principals. The ‘ ‘ * oo t - ‘ P ae] ] £ J aa bi Peer ers ‘ ry 3 x FS et O ue i & Tt s ‘* if er be * , ie a es ea — t s ‘ eo Pi ps Ba A tiie ee i .— Re oanteente tibetan Seale eT’ a as ileal nee enna ee eed 0 w= pierre : i ! : & iat aN M4 é Be 5 a ys Rules relative to the Office of Putwarree. SECTIONS 28th. 29th. 30th. 3ist. ( Recuvation XII. 218 ) The rules in the Regulations whereby proprietors and farmers of lands sold, or ordered to be sold or divided, or under attachment, are required to attend or cause their officers to attend the Collectors, or officer deputed by a Collector, with the accounts relating to such lands—and by which such individuals and their agents are declared responsible for the fidelity and accuracy | of such accounts, remain : in full force, unless distinctly rescinded, altered, or modified by this 7 Regulation. Collectors are empowered to require the attendance of all Native 7 | Agents of Proprietors whose estates are about to be sold, transfer. || red, or divided, and may examine such persons on oath as to their accounts; as by Sections 22 and 25,'and on refusal or neglect to 7) attend and give evidence, the Collector may proceed as against Putwarries. Rules contained in Sections 26 and 27, applicable to all such Na- | tive Agents. When a ‘Collector may have occasion to require the attendance of any Proprietor of land, farmer, Gomastah, &c:: in any case not herein provided for, to apply for the authority of the Board, or other( 219 ) me 1817! Secrrons | Recutation XII, a Fre Paid es other controling revenue authority ; who are empowered to autho- rize the Collector to require the attendance of such persons with all accounts relating to the lands under their charge or management. 324. On such occasions the Collector to. issue a. written notice—-what | particulars to be specified, and the Boards are empowered to enforce compliance when necessary by imposing, a daily fine, reporting the amount for the information of the Governor General in Council, and which, when confirmed, is to be. levied as by process for arrears of. meyenue, Qo ce 2. -In. cases where from peculiar it y.of local or other circumstances’ the appointment of Putwarries may be impracticable or inexpedient, the Board, or controling. revenue authorities may suspend the ope- ration of this Regulation, provided that.in such cases the proprietor or his agents furnish the Canoongoe with such accounts and states Rules relatswe to the Office of Putwarree. ments as the Collector, with the sanction of the higher authority, may direct, and shall be subject to the provisions contained in Sec- tions 22 to 27 of this Regulation—and the proprietors or others by whom such agents may be employed, shall likewise be subject to the provisions contained in Sections 26 and 27. Courts Be | By & Py y A i ‘ i 3 iP PSeae ana mand a a eee hee ee eatin aia Stel aditiaactis oiiiitie iia al NOs or eee ee i t | t i i | Bs Re aaa Rules relative io the Office of Putwarree. 18k% SECTIONS 34th. 35th. 36th. ( 220 ) RecuiaTION XII. Courts of Judicature not to take cognizance of complaints of | Putwarries against landholders, or the tenants of a village for ree fusal to remunerate his labors, nor of any complaint against a Col lector for any act of or decision passed by him in virtue of this Re culation. Collectors to furnish periodical reports to the Boards of all judg. | ments passed by them under Section 20 of this Regulation—and such judgments liable to reversal or alteration by those authorities at any time within six months after being passed. All Sums adjudged to Putwarries, or fines imposed under this Re gulation are to be realized or received by the same process, as for arrears of revenue and fines when recovered to be carried to the ac- count of Government. The rn18] @| SECTIONS Office of Putwarree. ® \ > Section 2d. 3d. (9am) Recuiation XIII. The-Rules contained in Regulation V. 1816, extended to the dis- tricts of Midnapoor and Mehals subject to the Collector of Hid- gellee—and Canoongoes to be appointed in the same manner, and for the performance of the same duties as prescribed by that Regu- lation. The Provisions of Regulation XII. 1817, are hereby extended to ‘the district of Midnapoor and to the Mehals subject to the Collec- tor of Hidgellee. Rescinded EE Ree een ae pete Fee epee he Tere eS eeS RL NSA ERTS RT SPEIER a SST eRe ER MAES ohn eer NEE KON Tee EE LS |e OTS eee eT Pee oa ett eeOD — COMMISSIONER IN BOARD OF REVENUE. CO APPOINTMENT OF CANOONGOES. BEHAR, —) mJ emacs eee SECTIONS Sections 2d. & 3d. 4th, 5th, Q0¢C 999 7 XXIV. REGULATION ? <2? Rescinded by. C. 2, Section 2, Regulation III. 1822. Regulation XIII, 1811, to be applicable to the Commissioners in { Behar and Benares. In the. event of the death, resignation, or unavoidable absence of a I | Member of the Board of Revenue, or of a Member of any Commis- sion exercising the powers of that Board, a single Member of such | Board or Commission competent to exercise all/ the duties and powers vested in such Boards collectively, as.in the case specified in Section 4 of the above Regulation. teen pereneeaaaet aera ReceuratTion. I. Canoongoes to be appointed in the Districts of the 24 Pergun- nahs, Nuddea, Jessore, Dacca Jelalpore, and Backergunge, in the same manner as provided by Regulation V. 1816, which is hereby extended to the districts aforesaid. The provisions of Regulation XII. 1817, are extended to the several districts above noticed. The| Section 2d. 3d. Ath. Fouzdary. Dewany. For the Appointment of a Commissioner in Cuttack. SECTIONS | 5th. C. Ist. C, 2d. Recuriation V. The powers and functions hitherto exercised in Cuttack by the Courts of Appeal and Circuit, the Boards of Revenue and Trade, and the Local Committee of Embankments, are hereby suspended. A Commissioner to be deputed to Cuttack, vested with the powers heretofore exercised by the several authorities aforesaid, whether individually or collectively. The Judge of Circuit now holding the jail delivery to complete that duty ; but all future Sessions of jail delivery of Cuttack to be held from time to time by the Commissioner at such periods as he may judge most expedient for the public service. Civil Suits depending in the Provincial Court in Calcutta to be transferred to the Commissioner, and such suits, as well as all Civil $i cas eta ee a land DR Ga isi aakteD aie eae ee BEDROOM MEUEIETLARaRIRTERR Os cases cognizable by the Commissioner, may be tried and decided at any place within the limits of Cuttack. The pleadings and management of suits before the Commis- sioner, or other business of the Court not required to be conducted byPo oe aie) — ; PPL ts pr = Risener ° Fedele ait 4 a Pane ener Nee a ae henna iain Fe oe ee ae ae sk Diet ek si ale te eid | on Ew te Pe ae a mean ee en eee mia 1818) utiack. + / For the Appointment of a Commissioner in ( SECTIONS ©; Su: C. 4th. C. 5th. 6th. Fouzdarry. 7th. ReaGuiation V. by regular pleaders, but may be conducted by the parties them- selves or their Agents duly authorized; and it shall not be requi- site that regular pleaders be attached to the Commissioner’s Court. The Commissioner may admit persons to sue as paupers in his’ own Court, or that of the Zillah, without requiring the parties to fulfil the conditions specified in Sections 3 to '7, Regulation XX VIII. 1814. The Commissioner, also the Judge and Magistrate empowered to dispense with the rule contained in Section 19, Regulation XXVIII. 1814, when they may judge expedient. The orders and decisions passed by the Commissioner in Civil Suits, whether regular or summary, original, or in appeal, shall be final and conclusive, except in Suits appealable to his Majesty in’ Council—in such Suits an appeal shall lie to the Sudder Dewanny Adaulut. | The powers of the Nizamut Adaulut in regard to the adminis- tration of criminal justice in Cuttack, to continue in force. The provisions of Regulation XXII. 1817, rescinded, and the Commissioner to exercise the powers vested ia the Courts of Circuit and 9 aa1618 Commissioner in Cuttack. SECTIONS Sth. xO IO ( , 235.- } Recutation V. and Appeal in regard to confirming the appointment and removal of the Native Officers of the Judge and Magistrate of Cuttack. The Judge and Register of Cuttack empowered to hold their Court for the investigation. of Summary Suits in any part of the dis- trict, and the Commissioner competent, with the sanction of Govern- ment, to employ the Registers or Assistants to the Judge and Magis- trate on local duties in the Territorial Department, when it shall ap- pear expedient. The SN ae ae ee Gren eet ec tie ob te Seale a Sere et Dee_ PT att oleae ’ . . Lan p Pe ata ai re ee. tiie f the Public Revenue in Cuttack, Puttaspoor, &ec. Collection o Pe einen ee a ee sy i f ° a Lf é i ; : . ~ SECTIONS Section 2d. * 4th. See C, 2d. Section 2, Regula- tion XI. 1822. + 0 ( REGULATION X. 226) The whole or a portion of a Kist payable for any month, if undis- charged on the ist of the following month, to be considered an) arrear of revenue. Every proprietor or farmer of land, or other Government Mal.) goozar, to pay the instalments for each month on or before the)| Ist of the ensuing month, without waiting for the amount being des | manded. | In the event of any arrear being undischarged on the Ist of the month, the Collector either to issue a Dustuck by a Peon, or send a written notice requiring payment within a given period, reference) being had to the distance, so as to allowa reasonable time to convey | the money to the Collector’s treasury—ZJn determining which course) of procedure to adopt, the Collector to use his discretion, with ad- | vertence to the credit and responsibility of the parties, or he may | omit the written demand if he shall deem it unnecessary. Should | * This Regulation is applicable only to the District of Cuttack ey to the Permmnnale of Puttaspoor and its dependencies. + The provisions of Regulation XJ. 1822, would not appear to preclude the exercise of the discretion authorized by this Section in regard to the course of procedure to be adopted.Lele fihe Public Revenue in Cuttack, Puttaspoor, &e. ion © Collect SECTIONS Section 5th. C. Ist. A “ C4 Recunatron X. OW ) Should the arrear not be discharged within the time allowed, or (where no written demand may have been issued) by the 10th of the month, the Collector to issue a Dustuck, and the Péons to bring the defaulter or his surety without delay to the Collector’s Cutcher- ry. The defaulter may be kept under charge of Peons for 15 days if the arrear be not paid, or may be discharged on sufficient security to pay the arrear within the current Hindoo month. But if such security be not given, or the arrear paid, and the Collector shal] not see sufficient cause for the defalcation, arising from calamity of season, or such like; he shall send the party to jail at the expira-, tion of the 15 days, and shall apply to the Court, by’ motion, in writing—such motion how and where to be made, and what order to be passed by the judge thereon; and in all such cases it shall be optional with the Collector to attach the lands of the defaulter, and collect the rents according to existing engagements (unless evidently collusive) to the end of the year, or to allow the estate or farm to remain in charge of the agents of the defaulter: but in either Pbk Lh Pt Pitt aca SSC bata ada acnloubecsaaecaae DTP UouLaG LORIE ATRL AURA ae Pr oe See Ce ' Pate ees a SL ee PS oe CaeCe ~? %, te ee Seen eee teat dina al in tei eee eee ee ee ee - om Se ee eee os - “ Dna anal . ! 2 fig | Hi é H a 1 a C2228 ©) L818! Secrions | REGULATION X. either case, if the net collections prove insufficient to discharge the arrear due, the estate shall be liable to sale by public auction. c.2d.| The Collectors may also attach the estate of a defaulting proprie- tor or farmer, or malgoozar, or surety, without personal arrest, in conformity with the provisions of Regulation VII. 1799, in any month of the year. c.3d.| Or may distrain and sell the personal property of the defaulter or his surety, either with or without the previous arrest of person or attachment of the estate, subject to the rules in force regarding dis- traint and sale for rents of under-tenants. c.4th.| Or, without serving a written demand, may, at any time after an ) arrear has become due, advertise the lands of the defaulter or his surety for sale, reporting the same to the Board or other superior’ Revenue authority, but not to proceed to a sale without the express sanction of that authority ; and no rule to be had recourse to, unless it shall appear indispensably necessary to secure the public dues ; other authorized measures proving insufficient, Collection of the Public Revenue in Cuttack, Puttaspoor, &¢. Should1818 Collection of the, Public Revenue in Cuttack, Puttaspoor, &c. SECTIONS 6th. %th. ( 229 ) RecuuaTIon X. Should a proprietor or farmer withhold payment with a view to benefit by the use of the money, the Collector to subject the default- er to the payment of interest on the arrear at 12 per Cent. Collectors of Cuttack and Hidgellee, in instances of arrears occur- ring within those Districts or Pergunnahs, to be careful to ascertain the actual assets of the estate and the real causes of the arrear, and are authorized to suspend the exercise of the powers vested in them to enforce payment in cases which may appear to deserve considera- tion, reporting such without delay to the Board, or other controling Revenue authority for orders. In forwarding the monthly Towjee, the Collector to state particularly the number of cases in which he may have found it necessary to resort to the coercive measures above authorized, or in which he may have considered it expedient to suspend the exercise of such powers—and the Board, or other controling authority, to notice in their reports on the Towjee to Go- vernment, the attention or otherwise of the Collector to this im. portant duty, ) Nothing ee | . sf & i i 4 i 5S | i” 4! reeT Po ee eaten ene wetter on 7. - PPT bd Ca * 7 ea As Bs ra eT inal a : a eel ee —— enters Oem ; ‘ } n t ; : " ‘ ' } C ' i. ' ¢ t } : , H $ : ; 4 i ] iM 3 Fs b } | | ; 4 Aa a o . ee rr oe ae . se et ee Pe des ed eet Mi td Be hte ate et enliiiamiaaiaed SECTIONS Sth. 230 ) REGULATION X. Nothing in this. Regulation to affect the existing Regulations for 'the collection of the Revenues in Cuttack, except such as are virtue ally or expressly superseded or modified hereby. The181é ww Extending the Settlement of Cuttack, Puttaspoor, Sc. GN OECTIONS Section 2d. 8d to 5th. 6th. ( 231 ) Recuiation XIII, The existing settlement in Cuttack and in the Pergunnah of Put- taspoor, and its dependencies, to continue in force till the expiration of the year 1229 Umlee. Corresponding with the same Sections of Regulation VI. 1816. The Lands of proprietors declining to engage under Section 3d | of this Regulation, or of which no acknowledged proprietor shall be forthcoming, the Revenue. authorities to adopt timely measures for ascertaining the assets, and may be let in farm for such period not exceeding 10 years, as the Governor General shall appoint; or may assume the direct management of them. . The recusing Zemindar in such cases to be entitled to such Malikana as the Board of Revenue or Commissioners may direct, not being less than 5, nor more than 10 per Cent. on the net amount realized by Government, without the special sanction of the Governor General in Council, provided also that the Nankar allowances enjoyed by a recusing Zemindar under Regulation XII. 1805, be deducted from the Malikana au- thorized. by this Regulation. Section ane eae BSE Bee eae Ter PR eA He aTe eee Reeves oer ee Trt TN Tt Metre hea Pee Pe te as Pam ip alkane PE - =e eee a oe abe Fares << 33 See an Ee oe tus eee ae ee ae) nea er ee Petre c= as o Set ( \1819 JURISDICTION OF THE COMMISSIONERS IN APPOINTMENT OF CANOONGOES AND PUTWARRIES BEHAR AND BOARD OF REVENUE. IN BENGAL, SECTIONS Section 2d. See C, 2, Section 2, Regulation III. 1822. 3d. See C. 2, Section 3, Regulation Til. 1822. 4th C. ist. C. 4th. C. dth.} ( Ba20 } Reeuiation I. Section Sd, Regulation XXIV. 1817, rescinded, and the Districts of Dinagepoor’ and Rungpoor re-annexed to the control of the Board of Revenue. The Superintendance of the Revenues of the District of Go- ruckpoor vested in the Board of Commissioners in Behar and Benares. Canoongoes to be appointed throughout the provinces of Bengal, for the performance of the duties prescribed in Regulation V. 1816. Regulation K1Ile1807, extended to the several districts in the Province-of Bengal. Selection and appointment of Canoongoes in certain cases may be entrusted to other persons than the Collectors, if the Governor General in Council shall deem it expedient. re] Power reserved to thé Governor General in Council to suspend the operation of the rules regarding Canoongoes and Putwarries in special cases. The Board of Revenue or other controlling revenue authority, competent1819] Sections C. 6th. 5th. 6th, Canoongoes and Putwarries in Bengal. w@ Appointment of t: 236 ) Recuuation I. competent to make such alteration in the duties to be performed by Canoongoes, as local circumstances may’ suggest,—notwithstanding the provisions in Section 7; Regulation IV. 1808, and Section 4, Re- gulation II. 1816. And may suspend the operation of Regulation XII. 1817, in cer. tain districts and parts of the country. The Collectors competent to assume the direct nomination and appointment of a Putwarry in certain cases under the sanction of the Board or Commissioners—what points to be attended to by Col- lectors. In explanation of Section 11, Regulation XII. 1817, any refusal or neglect to furnish the statement required by Section 4, of that Regulation, within the period prescribed, or when subsequently call- ed upon by the Collector or other authorized Officer, will subject the offender to a daily fine, at discretion, until the requisition be com- plied with. The OR EE e eRe fee ae oe bee ee aE AEE Oe ETE ETS Saar en eR eae re nT er eS eee Ee OT ere a Pee Pe te al “aes. > ee ee Pree ap ee ae owes Aner tt a Lec Ba{ @34 4 1819] Sections Recvuxation I. wth. The penalties prescribed in Section 13, Regulation XII. 2817, for the illegal removal of a Putwarry from office by a Zemindar, applicable to all persons who may in any manner oppose the Put- warry in the execution of his public duties. Putwarries. Regulation ; } ' : , " $ P| i ; % ; i r | f ’ y ; ' t ; 4 ; ' | : H H ‘ ] a _ rtd = et eatin cnn animal libata alka Und eles <5 coe ited 5 dnd ntin ate ania SS aa a eel a é ere1819 of Lands held Rent.free under, Invahd Titles. zon O Resunipi SECTIONS Section 2d C. Ist. C, 2d. ou ©. Ast; See C. 2, Section 10, Regulation 1. ‘{1824. | ( 235 ) Recuriation II, Regulation VIIT. 1811, Regulation V. 1813, and Regulations XI. and XXIII. 1817, rescinded. Sections 12, 13, 14, 16 and 19, Reeulation XIX. 1793, Sections 7, 8, 9, 11, 14, Regulation XXAVIT. 1793, Sections 12, 13, 14, 16, 19, Regulation XLI. 1795, Sections 7, 8, 9, 11, 14, Regulation XLII. 1795, Sections 7, 8, 9, 11, 14, Regulation XXXI. 1803, Sections 8, 9, 11, 14, Regulation KX XVI. 1803, rescinded. Lands not included in the Decennial Settlement, or for which a dis- tinct Settlement may not have been concluded, are liable to assess- ment, excepting Lands _held_free of assessment under a valid and legal title—but Zemindars entitled to the benefit of the resumption of all Lands held under invalid titles, not exceeding 100 Beegahs in extent, in Bengal, Behar and Orissa, or 50 Beegahs in Benares. The same principle applicable to Churs and alluvian Lands. Also to certain Lands not permanently assessed, held under special Pottahs from the Collector, at the period of the Decennial Settlement. The PME DET ye ener teat TT ary 7 : Oca hy Oe eee e Jee Ore ms one a tt a Peak bee ten Cdied 7 eee ene 2 ote ante yh Be 4 | | ' e : = Ct ee Reet’ a eed te ele eeeeniaiad Te laadlibad a al a ee = a a 1819 Resumption of Lands held Rent-free under Invalid Titles. SECTIONS 4th. Hn Oe ier GC. 2d. ( 236.) | Reeuriation II. The rules in Reeulations XIX and XXXVII, 1793; and Resula- ; tions XLI and XLII. 1795; and Regulations XXXIJI and XXXVI. 1803, and Regulations VIII and XII. 1805, for determining the validity of grants for holding Lands exempt from the payment of | revenue, applicable to grants for holding Lands under Mokurree or other tenures, limiting the demand of Government; but nothing in this Section to affect the rules contained in Regulation VIII... 17933 relative to the assessment of lands held under valid grants or leases of the above nature; or to alter the provisions contained in Regula. tion I. 1815, by which tenures of that description are liable to assess- ment on the death of the grantee. 7 Collectors to report to the Board, or other controling authority, for orders when they shall see ground to believe that any Lands are. held free of assessment, or at an inadequate Jumma, under an invalid tenure. ak . a M Sm o 7 . e ; Ifthe Board shail authorize an investigation, the Collector shall cause a notice to be served on the party, stating the demand of Government, and requiring him to attend in person, or by Vakeel, within1819) Srecrrons C. 8d'to 6th. 6th C. Ist. . 2d: free under invalid Titles. - xX ba 3 re 7th. a) = ea 3 » 8 8th, ~~ ‘> = _ +S = 9th, S % > v ( 237 ) Recuuiation If a within one month; and to produce all Sunnuds or Writings in virtue of which he may claim to hold the Lands. Rules for serving the notice. If the notice cannot be served, a proclamation to be issued—what the proclamation is to contain, anda copy where to be fixed up. The Nazir’s return how to be made ; and if the party shall not ap- pear, or shall refuse to answer, the case to be investigated, and to be ae decided exparté. In cases of Land supposed to be liable to assessment, the Collec- tor fully to enquire into its condition at the period of the Decennial Settlement, or if alluvian, the period of its formation. Collector, with the sanction of the Board, may cause a survey or measurement to be made, when an enquiry shall have been autho- rized. | In such cases the Collector may also summon Putwarries, and require accounts, and examine on oath, And ve oR is i‘ iia Tt | Me1819 Resumption of Lands held Rent-free under Invalid Titles. iSee C. 2d. Section ‘Sections | 10th, 11th. C. Ist. 19th, Regulation VII. 1822. C. 2d. 12th. 13th. C. Ist. C. 2d. { 238 ) Recurarion If. And with the sanction of the Board may require the attendance of the claimant to the Land with his. accounts. What notice to be served on parties whose attendance may be required under the foregoing Sections. Such notice to be served in conformity with Section 3, Regu. lation XIV. 1793, excepting the rule which relates to the payment | of the Peon serving the summons. Putwarries not producing or falsifying their accounts, 0 or giving false evidence regarding them, or fabricating accounts, liable to the penalties prescribed in Sections 23, 26, and 27, XII. 1817. The Lands may be attached i the holder shall refuse or neglect Regulation to furnish accounts within the period allowed, but the Collector, ne- vertheless, to make full enquiry into the title of the holder, and trans- mit his proceedings for the orders of the Board. Accounts not furnished to the Revenue authorities, shall not afterwards Z. bat. crtlectiome meade ae Mery h. he bond. weve for CforG —— OO posed ep of Lands held Rent-free under Invalid Titles. zon O ® Resumpt -. SECTIONS C. 3d. See C. 2d, Section 19, Regulation Vil. 1822. 14th. Ditto ditto, and C. 3, Section 19, 15th. ( 239 ) Recuration II. afterwards be received in evidence in the Courts of Justice, in suits instituted to contest the decisions of those authorities ; unless good cause be shewn and proof adduced that such cause was duly assigned to the Collector, or sufficient cause shewn for the omission. Persons refusing or omitting to attend when duly summoned by the Coilector, may be subjected to a daily fine by order of the Board ; but the amount to be reported for the confirmation of Government, and when confirmed, to be levied by the same process as for arrears of revenue. Resistance of any authorized process, or attachment, or measure- ment of lands, will subject the offender, on proof, to the satisfaction of the Board, to a fine to Government—but if the fine shall exceed 500s. the Board to report the case to Government, and not levy the fine without authority from Government. When the parties attend and produce their title-deeds, the Collec- tor to give a receipt for them, and after examining them, shall de- liver to the party a statement of the grounds upon which he may consider the lands liable to assessment, with copies, on plain paper, RPE ae Se cea TE Peep SRT S25 Pay PGE REY EE ESET TEE Cee LO I nee ERE RINE PE TN ETE TE Ty eS ANE PT eee TT Pet EE ee PE of |SECTIONS ° — QO — co Resumption of Lands held, Rent-free under Invalid Titles. - a - a -_ - a ee et ” = ieee el aidateiatliediiliedll heh alt lh tei ian latte tr a PRI OLLLE LAD N LL LIL LI LI OOS, a - a ¥ F Fi ( 240 - ) ReGuLatTion II. of all documents on which his opinion may be founded, and require the party to give a written answer within seven days. Collector to number and attest all documents produced by the party in support of their claim, and insert in his proceedings the title and number of such documents, so that no doubt may exist in re- gard to their having been exhibited before him ; and before proceed- ing to judgment, the Collector to warn the party that no further documentary evidence will be received, either by the Revenue or Judicial authorities, without sufficient cause, and shall record his having done so in his proceedings. On receiving the answer of the party, the Collector to summon and examine the witnesses for and against the claim, in presence of the party, or his agent. ; Documents produced by the party to be carefully examined ; and » the party also to be allowed access to any documents in support of the claim of Government. , Collectors,(1819 of Lands held Rent-free under Invalid Titles. 2074 O Resumpt SECTIONS 19th. C. Ist. See C..2d, Section 19, Regulation VIL. 1822, C, 2d. C. 3d. 20th, ( 241) REcuLaTIon II, Collectors, and Officers exercising the powers of Colléctors, au- thorized to summon and examine on oath, or solemn declaration, witnesses whose evidence may be required; as provided by Section 4, Regulation IV. 1793, and: Section 2, Regulation I. 1803, and Section 7; Regulation ITI. 1803, and C. 6. Section 25, Regulation VIII. 1803—but any witnesses who may refuse to be sworn, to be sent to the judge to be confined until he consent to give evidence. Penalties for perjury, or subornation of perjury, in the existing Regulations applicable to such witnesses, In addition to the penalties in Section 14, resistance of process under this Regulation punishable as for resistance of process of a Collector under Regulation XIV. 1793, Regulation VI. 1795, and Regulation AX VII. 1808. On closing his proceedings, the Collector to record his opinion in a Persian Robakarree, detailing the grounds on which it is founded, and whether the Lands appear liable to assessment or otherwise ; and shall forward his proceedings to the Board or Superior Revenue authority, furnishing the party with a copy of his final Robakarree. * Mi ince: % ~~ & The - Ageing 2 w+ b 4 % we. ‘ " << . Me, ALES wh Sh * al oF te ba ote? ‘pace hobo & N . ae . a a = ‘? » ? nde a . ™ ws x Se eee aks GN ° ,* ehre2 eee CPR CS han pladathsazaeanee1819| Sections Bist. C. Ist. 6 me om i 3 ~—S 8 8 SS > "es Ss eS © C. 2d. Ss a) S ce CG. Sa, =. vB) < mS S h ~ C. 4th. re] > a .- < = 92d, S e w© RS ( 242 ) Rrcuviation IL. The Board, or other superior authority, after calling for any far- ther evidence which they may judge necessary, shall, on a day fixed by public notice in the office (not being less than six weeks) after hearing any thing which the party, if in attendance, may wish to urge, shall pass judgment, recording the. same ina Persian Roba- karree—and delivering acopy thereof on the requisition of the party. What the final Robakaries of the Collector and Board shall contain. If the decision of the Board be against the assessment, such de- cision shall be final, except on proof in a Court of Judicature of fraud or collusion in the previous enquiry. If the Land be declared liable to assesment, the Collector to ap- prize the party, and to proceed to fix the assessment on the principle , of the general Regulations. | Parties giving security for the Jumma, and. engaging to institute a suit within the period limited # shall be left in possession of the land; and a report to be made by the Collector to the Board. But_ in Males. a for Fig ht - 4 which may tonatiicly femed wth 2 fn Cat Abewet, 4 40 age fom Late f tek fi Seberrcly ‘\— OO Resumpt of Lands held Rent-free under Invalid Titles. 207 O poomaal ce. 2 SECTIONS C, 2d. C. 3d. C. 4th, C. 5th. 23d. 94th, C, Ist. Reeuiation IL. in such case the party to produce his accounts of collections that the Collector may estimate the amount of security to be required. Collectors how to proceed if the party do not furnish the full security required, © The Court may deterthine the sufficiency of the security tendered, and may direct the Collector to accept the same; but it shall rest with the Collector, under orders of the Board, to fix the amount for which the security shall be bound, Amount of the security how to be regulated. /Yeard jrw dence ehh Also with regard to Mocurreerees. & If the party shall not give seeurity, or, having given it, shall neg- q lect to sue, the Collector to proceed to assess the lands. 7 Persons whose lands may be so assessed, entitled to sue within one year from the,date of being apprized of the Board’s decision; ‘but afte the expiration of that period, the decision of the Board to wh. Aotd. thet wv for Ain feign Segue, fa farberr ee. Sheen fe Bey therirrnente, amare giverse Tetsu for foment te ticaliy Mmm be Ne a 2 L ita te “ie, SSS ha Sooty eat a eS yee ROR Sen ee me ee STE rla, a be 7 eden.) ti >. ee OP al ed Rhee aes oR SE OF EE? HEE HE SS nid ee ne ee ee el ba ete ae a — ° geome , iat al siete = Serna get = ie " —_- od ee ee ats eel ee iaaeiied ow > apse i i ate ae ta te Ct Ss oer . ae et cr ae bancae A id Titles. } & Resumption of Lands held Rent-ree under Lnva f ~~ Sinead whee! e | f2 acquired the right of making such sale, shall be conducted after application by the Zemindar, by the Register of the Court, or other Pere Tee Officer of Government, as provided by that Reculation. r ° 3 : c.2q} ‘Ten days notice of the sale to be given by proclamation. C. 8d. The rules in Sections 9, 11, 13, 15, and 17, of Regulation VIII, | 1819, extended to all sales made after the manner herein provided, ‘The _ pers ete ane ive —) ~ Sales,of Talooks for arrears of Rent. a 7.) Pe eS ary. Pe eal, wee ty ap? J A _ ae] ery SY 4) ‘ zy mS) ‘ a ae ces , r 4 3 4 SE / f et ae . ra POT te ers . . Sones See aes eae os , ee SE ati om Sas . - SI yaene onan ee ony on , ' ; ' A] t ; i" ‘ | ; t t ; i ; 1 : : } | fs 4 OY te Re aaa’ “uw Oe ed ek ee ak ieee ll ia a eee ea et ileal strates as 4 tes, or Mag a otVa ° cy 21 Collectors may be employed as Ma Collecttrs. Section 2d. CJ —~ m7 ra SECTIONS Si. A786 4th. C. Ist. 5th, 1 owrw"sa, 262 ) Recuiation IV. The Governor General in Council competent to authorize a Col- lector or other Revenue Officer to exercise the power of a Magis- trate, and to invest Magistrates, or Joint or Assistant Magistrates with the powers of a Collector. Magistrates and other Judicial Officers, employed in the collection of the public Revenue, to take and subscribe the oath prescribed by Sections 25 and 26 Regulation V. 1804. Collectors and other Revenue Officers, appointed to the discharge of Magisterial duties, to take the oath prescribed by Section 2, Re- culation IX. 1793, and C. 1, Section 3, Regulation XIII. 1793. Magistrates. and other Judicial Officers aforesaid, employed in the collection of the public Revenue, to be guided by the orders of the Boards of Revenue and Commissioners, and by the Rules and Regu- lations of Government. Collectors or other Revenue Officers, employed as Magistrates, to be guided by the Regulations, and by the orders of the Superior | Courts. The Magistrates or Collectors when employed, as above authorized, to— OO 0 jose Collectors may be employed as Magistrates, or Magistrates as Collectors. SECTIONS 6th. C. Ist. C. 2d. 7th. 8th. C. Ist. ( 263 ) Recuiation LV. to keep the records of their Judicial and Revenue Offices separate and distinct from each other. Such of the rules in force as declare the Collectors of Revenue to be amenable to the Zillah and City Courts for acts done in opposi- tion to the Regulations applicable to Magistrates employed in the Collection of the Public Revenue. But in the event of the Officer being himself Judge of the Zillah in which the act complained of was committed, the -case shall be cognizable by the Provincial Court. In the institution of Suits for the recovery of the Public Revenue, a Magistrate or other Judicial Officer, not being himself in charge of the office of Judge to proceed according to the Regulations enacted for the guidance of Collectors. The Governor General in Council competent to cause such alter- ations in the limits of the several Collectorships, and in the number of Officers employed as Collectors, as may, from time to time, appear expedient, Boards of Revenue and Commissioners empowered to depute Officers y Rete sed ey | ae Mictiing ss = Sk os Rie ayes gee =, Liar aa ie he See RE eT Leta t ra re rhe ht Ce cal ph Se ar eohe y te eat ttre ee Fo te Pee a ae PO Sr(Cee... % ects OO vO — SECTIONS RecuiatTion LY. Officers subordinate to them to exercise the powers of Collectors within such local limits as they may judge expedient ; out to report such measure for the information and orders of Government. c.sa} Collectors authorized with the sanction of the Board to delegate to their assistants any part of their duties to which they may be unable eT ake nies to give due attention, but a report thereof to be immediately submit- ee ted by the Collector for the information and orders of the Board, or other superior Revenue Authority. on — —— c. ah| Anassistant to a Collector to take the oath prescribed by Sections 25 and 26, Regulation V. 1804. c. sth; Assistants or other Officers exercising the powers of Collectors, to be guided by the Regulations, and to be responsible for the per- 4) formance of their duties, and amenable to the Civil Courts. Section Collectors employed as Magistrates, or Magistrates as Collectors. : i t , ' H ' D e $ ' ‘ | t i Y : + ba : i } ; } } i | } Pat SAG ROE SI OL OI RO EE AA OT a lle SF = eee ———————— —————— \ i ! | | Se, Sa— CO go QO For altering the Jurisdiction and Constitution of the Revenue Boards. in SECTIONS Section 2d. C. Ist. C. 2d. 3d. C. Ist. ( 265 ) Recuuation III. Sections 28, 29, 34, 35, 49, to 70, Regulation II. 1793, Section 26, Regulation V..1795, and Regulation XXV. 1803, rescinded. Regulation I. 1816, Regulation I. 1817, Sections 2 and 3, Regu- lation XXIV. 1817, rescinded. | The Districts of Bhauglepoor and Purneah to be re-annexed to | the control of the Board of Revenue, to be hereafter denominated the Board of Revenue for the Lower Provinces. The North and South divisions of Bundailkund, and the Zillahs of Allahabad and Cawnpoor, transferred from the Board of Commission- ers in the Ceded and Conquered Provinces, to the Board of Com- nated the Board of Revenue for the Central Provinces. C. 3d. 4th. C. lat. The remaining districts of the Ceded or Conquered Provinces to continue as heretofore, subordinate to the Board of Commissioners ; which Board to be denominated the Board of Revenue for the Western Provinces. Each of the Boards to consist of such number of Members as the | Governor General in Council shall, from time to time, appoint. Sittings missioners for Behar and Benares, which is hereafter to be denomi-’ “ Presse PTR PEt Pet Pee acl 4 Y HIE Te Tae NS TN TE Se ee ye asters = eee ok ad el Siena PI Shee See rep Cae eer aattak Soe Rey a a re a z si poe See Fab as Sore ae = eee SS ie em Ren rata oe eee Sesh PN ee or ert tooOY he MF t 1 } J ’ ; ‘ ‘ Y ‘ 4 if r | ' 4 i t | r ei i 4 ; 2 > | ; to Fai tee, sateen anita Athen oth a El dan dai ache ie lh nannies — te - Td Fi ee vonstitution of the Revenue Boards. oo : vO vO Y J For altering the Jurisdiction and e SECTIONS. C. 2d. 2d: 5th, C. Ist, ( 266 ) Recuuation III, Sittings of the Board ordinarily to be daily, Sundays and Holi days excepted. The Boards to be guided, in regard to the form of their proceed- ings, by the orders of Government in cases where no special Regula- tions exist—and a power reserved tothe Governor General in Council to fix the Sudder Stations of the Boards. Governor General in Council competent, by an Order of Council, to empower a single Member of any Board to exercise, either general- ly or locally, the duties and powers of the Boards collectively, when- ever circumstances may render such an arrangement desirable; and may authorize the several Members separately to exercise, at the same time, such part of the duties as may appear requisite for the greater dispatch of business or other cause—but no single Member ‘to reverse or alter a Collector’s order without the concurrence of ! one or more of the other Members, unless otherwise specially autho- rized and directed by Government; nor shall any one Member reverse or alter any order passed by another Member ; neither shall any aiejeomnad OD eo 09 Boards. For altering the Jurisdiction and Constitution of the Revenue SECTIONS C, 2d. C. 3d. C. 4th. ( 247.9) Recuration III. any settlement, whether temporary or permanent, be held binding upon Government, until confirmed by the Governor General in Council. When a difference of opinion shali arise between two Members of a Board, the question ‘shall be determined by the voice of a third Member, or majority. A single Member, when vested with separate authority, declared competent to proceed in the same mode as the Board collectively are authorized in regard to the appointment, removal, or punishment of Collector’s Native Officers.—Biut if a Member acting singly shall differ in opinion from a Collector, or other functionary immediately subordinate to them, no final order shall be passed without the con- currence of another Member, unless specially ordered by Govern- ment. The concurrent judgment of two Members of the Board neces- sary to the appointment, removal, or punishment of any of its Officers unless specially authorized by Government. Single ere a Pete ee ea Tre ae ae : a e of oe aaa a eee DS - ad eae tw hat ROE Mea eee cadie ne ee one g t ’ a ; / ' y ¢ ! L- ‘ ‘ ' , ) ; ' t f ; $ Fy u 7 — —— eee re ee ee Re . een ere 7 a ptr Orme PO Pete eee Sat a Lg a — OD oO no For altering the Jurisdiction and Constitution of the Revenue Boards. ( 268’) SECTIONS Recuration III. C. Sth. Single Members, when vested with Separate authority, declared competent to suspend any officer; but the order for such suspension, unless in special cases, to be reported to some other Members of the { Board, who, if a majority agree, may set it aside. C. 6th. The Board, when applied to, may revise, rescind, and alter their decisions, provided that such application be made within three months, or sufficient cause shewn for delay; but no order or decision passed by as ingle Member, when vested with separate authority, shall be revised or altered unless two or more Members concur. c. 7th. | When the Members of the Board differ in opinion, and the voices on each side are equal, the Governor General in Council may ap- point one or more temporary provisional Members for the deter- mination of the matter at issue. Regulation1é22 nthe Powers and Jurisdiction of the Court | of Wards. ~~ @ 3d. 4th. To define and expla | Sections Section 2d. C. Ist. C. 2d. (269° } Recuiation VI. » Regulation LIT. 1803, with the addition contained in Section 29, Regulation VIII. 1805, extended to the Province of Benares— and the Board of Revenue for the Central Provinces constituted a Court*of Wards for that province under those rules, modified and explained as follows : The several Courts of Wards vested with a discretionary power to farm estates for ten years, or to adopt any other plan of management not involving a longer assignment—Farms of Lands heretofore made under orders of the Court of Wards, declared legal and valid, and to be so considered by the several Courts of Justice. Farmers and others holding lands under the Courts of Wards, sub- ject to the same rules as are applicable to persons in possession of similar tenures under the Collectors of Revenue. Courts of Wards authorized to refrain from interfering with Es- tates, in cases when their interference ‘may appear unnecessary, but no Estate of a minor, which may have descended to him by inheritance, shall, Sars ma SS .- a RE PEEPS E OEE 4 es saat epee ees ; = 5 Rn CSD z BOK = Pau cae * Sars eee rts Te a x ye os cs % 5 % ba “thei er Ree nt korea ht( 270° ) 1892| Srcrions Recuration VI. shall; during his minority, be sold for arrears accruing subsequently to $ his accession to the same. ‘The Revenue Officers may, in‘such case, = farm the Land for a period not exceeding 10 years ; and may assume > charge at any time of a minor’s estate, thotigh they shall originally 3 have abstained from interfering & The ' ; y " J ] ; ' 4 & ¢ 4 a i] } ; 4 ; : } t 1 ‘4 : Hi i : ; | ‘ . . BE ee ee ann nd ie) i el a a eel Sh a nn al ea ama ro CN oe ~~ tyTaf Extension of the existing Setilemenis in the C. P.—Cuttack, 1822 Putiaspoor, &c. SECTIONS "I! Section 2d. C. Ist. ©. 2d. Q to fy C. 4th, ©. 5th. [, 290 ) Recuration VIL The existing Settlement in the Ceded Provinces to be extended, in certain cases, for a further period of five years, subject to the fol- lowing provisions. 80 also in Cuttack in all cases wherein the Settlement may have been concluded with acknowledged proprietor, or persons possessing a permanent interest in the Mehal. Proclamations issued by the Board of Commissioners and Commis- sioner of Cuttack, notifying the proposed extension of the Settlement, sanctioned and confirmed; and Zemindars failing to notify their intention to relinquish their lands, under the said proclamation, wiil be held reponsible for the Revenue for five years, until the expira- tion of the year 1234 Fussilee or Umlee, as the case may be. Lhe Districts of Gorruckpoor and Azimgurh excluded from the operation of the foregoing clauses—the Zemindars and others allowed ve : {to hold, from year to year, untila new Settlement shall-be made. The existing leases in Puttaspoor and its Dependencies to be similarly continued from year to, year. Zemindars, AY Th! Raa ere Seer ht Pe Ss Sie Mx eh eta oe ht 4 Ms iH i pinks ; ° eT — Siw. 3 “~ See iiettin .; Lhe DS rn aie Ae” soe ee = r 5 Ce ee J ( @72. ) | 1822] Srcrions | Recuuation VII, 2 C. 6th. Zemindars, or other Mulgoozars, under engagements to Govern- - CMIUMNAAI ment, allowed to hold, after the expiration of their leases, to be res- 7, fA ponsible in each year for the same Revenue as demandable in the Fiz > preceding year. Collectors authorized, with the sanction of the Kite < | = e ° = Board or Commissioners, at any time not exceeding six months, to = f ; ; : : : S require a Zemindar or other Malgoozar to declare whether they are CS e s ce J e 4) as 4 2 willing to continue their engagements; and if the party shall not o~ i CJ eo RQ e e 1 forthwith notify their refusal to do so, they shall be held to have agreed to such extension of their existing leases ; and persons allow- I ie eee a 8 ed to hold on, from year to year, not chargeable with additional Re- ot . ‘ 7 oe Laie oe aadts * ze 5 iE venue, unless the Collector’shall notify his intention to revise the as- sessment, on or before the commencement of such year. 3d Estates let to farm ta be settled on the expiration of existing leases, ‘ for such period as the Governor General in Council may direct, not exceeding 12 years. A preference being eiven to the Zemindar or person possessing a permanent interest 1n the soil, if willing to Renewal of Leases of Farmers, o bgt engage | ' : } i] ’ Hy ' " " ‘ f bj ‘ ; 4 ; $ i } q B. «: i i | : } | ; RO a a alae ae ene tciiaaaee reaanmeene a ¥ a tee ee. pence) f Farmers, or Engagements of Zemindars. wo 2 Renewal of Leases 0 a ~~ S bh) ECTIONS 4th, . 2 4 Recuration VII. engage on reasonable terms. The same rule to be applicable to Es- tates now Khas, or to cases of recusing Zemindars; or the Collectors may assume’ the direct management of such latter Lstates, and retain for the period specified. But im cases in which the Revenue Autho- rities may be of opinion, that the continuance or admission of any Proprietor, or other individual, to engage, may endanger the tran- quillity, or be otherwise detrimental to the welfare of the country, to report their opinion to Government, and the Governor General in Council competent to direct thatsuch Mehal or Mehals be let in farm, or held Khas, under the limitation of the period above specified. Nothing in the above provisions for extending existing leases to: bar the Revenue Officers from interfering to adjust the respective’ rights of the Sudder Malgoozars and their under-tenants: nor any: claim to a remission or abatement of Revenue to be admitted on such ground, but if any order or decision, passed in behalf of an under- tenant, shall materially reduce the profits derived by the Zemindar, or. p en aa i. 4 By, ay om ae eo - pers ee ee Te reer TESTE eT al MenCora) 1822] Sections | Reeutation VII. K of Sudder Malgoozar; he may . his engagements ; and in +such case the Revenue Officers to make a Settlement de novo. sth, C.1st]| The provisions in the existing Regulations, relative to the allow- ances of Malikana and Nankar to be granted to Zemindars, ree scinded. C.2d|. Rate of Malikana to be allowed in each case tobe determined by the Board or Commissioner. Amongst several proprietors of an istate, held under one common assessment, to be apportioned accord ing to their respective shares, but shall not, in any-case, be less than 5 per Cent. on the net-amount realized by Government; nor exceed 10 per Cent. without the special sanction of the Governor General inCouncil. But receipts on.account ‘of Nankar, or allowances grant- ed by former Governments, te.be deducted. .Andno Malikana to be | allowed to Zemindars *who:may continue to occupy their Lands, or Modified Rules relative to. Malikana. any part of them, while the Mehal in which they are included is let } in H t 7 4 ; fT ; Dy ¢ ‘ i ' t | , i ; ‘ bd } i i -_ i i ba H ; | 5 i 4 - - we SS 7 : err SO ah ik Ek nt i Mi eal Stoo ~182 Modified Rules relative to Malkana. 2 ta ( 2 } Recuriation VII. > in farm orheld Khas. Nor without the special sanction of Govern- ment, to any Malgoozar or proprietor of Lands who may continue to draw any allowance from the Ryotts. Zemindars, not being actual proprietors, to receive only such allowance in lieu of their title to management as Government may deem equitable; nor any Malikana to be granted if the occupants deny the right of proper- ty of the claimant, until decided in a Court of Justice, or establish- ed to the satisfaction of the Board; but on the recommendation of the Board, Government will direct such intermediate provision for the support of the party as may-appear proper. Zemindars may be called upon to tender: the amount for which they are willing to engage, and their Malikana allowance may be ad- justed according to:the amount of such tender, and not the Jumma which may be ultimately realized by Government; but in failure to tender any «specific Jumma, ‘the: Malikana: to be fixed on the net revenue realized by: Government in‘the-year' preceding the requisi- tion, not being less:that:5, nor'more than 10:per*Cent. The vidi TTT; eet le e , : a pope et rae yee eee a Sere Pte Pee RT Spe oe eee AGaidacakcccaGeonbaaen een eO aaa ciseeasavaaaarheiRaes aees ie ee ee i ; ' : ' | $ ? ; ' 4 ' t i ’ : 3 / ' oe ape phen Renee GN CE et adil 4 ts ee i a i atl eee 1822] Sections | Revision of Settlements, on what principles conducted by Revenue Officers. Section 6th. C. Ist. C, 2d. C, 3d. rate” 4 Recutation VII. The Revenue Officers may, with the sanction of the Board or Com- missioner, revise the settlement of Estates, the Leases of which may be extended, under Section 2, during the continuance of such ex- tended Lease; adopting any requisite measures. for ascertaining the extent and produce of the Lands, and the amount of Jumma pro- perly demandable from them, and for procuring and recording the fullest possible information relative to the rights, interests, privi- leges, and properties of the agricultural community. The revision of the settlement to be made village by village, and Mehal by Mehal—and such number of Mehals to be revised in each year as the Board or Commissioner, with the sanction of Government, may direct. The revision of the settlement not to disturb the existing engage- ments during the period to which they may be continued under | Section 2 ; but such engagements to include only the villages and Lands specified in the proceedings or accounts of the settlement last concluded.—Any Lands withheld from the knowledge of the Revenue1822| Srctions ©. 4th. “thi; Gi lst Revision of, Settlements, on what principles conducted by Revenue Officers. - C, 2d. {| oie ) Recuiation VIL, Revenue Authorities at such settlement, may be separately assessed, and Revenue Officers revising the settlement, to exercise the same authority in adjusting the rights and privileges of under-tenantty as when assessing a Mehal open to a re-adjustment of the settle- ment. Collectors in the Conquered Provinces and Bundlekhund, also competent to revise settlements during the existing leases. When the revision of a settlement shall have been completed in the Ceded Provinces or in Cuttack, the Collector, with the sanc- tion of the Superior Revenue Authority and of Government, may grant a renewed lease for such further term of years, subsequent to 1234 Fussilee or Umlee, as the Governor General in Council may direct. | The Jumma demandable on account of years subsequent to 1234, shall be fixed with reference to the produce and capabilities of the Land, Pts a Es eS a oh tke nats ee em > Le i iF, Bn ” @ eet ay | a eo ar ns ' i Brett. | er ware) BY M8 ’ , | + a] ia + ma ry F ‘ ok * tS A ares “ity Ee / i > pee sty f Peet od | ra) I i at fut er t a eer th wet LS | uy eee ha toniag tpn ee Se ke ee a wie ee ‘epee 4 ; ertees: ee eae f° i *” Tee PettsCi ge. 1822] Sections | Recuuation VII. Land, as ascertained at the time of the revision, unless under spe- cial circumstances justifying a prospective enhancement of the Go- Po) ae eee ia pagans? ** te 2 cy Pee ; * vernment demand—but the amount of assessment not to be raised above the present. Jumma, unless it shall clearly appear that the net profits arising from the Lands to the Zemindar shall exceed 1-5th of ee that amount—and when: an increase may be demanded, the assegs- ad ment to be so, regulated as to leave the Zemindar a clear profit of 20 per, Cent. No abatement. to be allowed: on the: amount of the OWS CA Pe Ce ied isting: Jumma, unless on; the clearest grounds of necessity. -. Revenue Officers. Pottahs granted on: revised: settlements. only to cover Lands Spe> cified therein; or.im the settlement» Robakarree of the Collector, with such allowance for error as may be distinctly declared—Zémin- dars therefore required to afford the fullest.information in regard to @ the; Ruckba’ of Mehals for which they may engage. Ci 4th. } Revision of Setilemenis, on what principles conducted by Renewed leases likewisetobe' granted'in the Conquered Provinces and ‘ t ; : : : : a f r t i , | ; i ; ; t by ; ? 4 g i i } ty 4 é i | : | vA CO ak ek tk ek eal Oe a aaa iat nr al ; arRevision of Settlements on what principles conducted by Revenue _, OO vO 0 Officers. SECTIONS C. 5th. C. 6th. 8th, ( ‘sie 7 Recuriation VII. and Bundlekund, pending the existing settlement for a term of years subsequent to its expiration. In case a Zemindar, the settlement of whose estate may be revis- ed, shall refuse to engage beyond the term of the current lease ; or if, after revision, the Revenue Authorities shall judge proper to postpone taking further engagements, until the expiration of the current leases, it shall be competent to them so to do; and the rules contained in Section 3d to be held applicable to such Mehals. The same Rules applicable to Gorruckpore, Azimgurh, and Put- taspoor and its dependencies, as they may respectively become open | to re-assessment. Where the waste landsin any Mehal shall be very considerable, exceeding what may be required for pasturage, the Revenue Autho- rities competent to grant leases for the same to any person willing to undertake the cultivation of the same in perpetuity, or for such periods as the Governor General in Council may determine, and to assign to the Ere te SP Pree Pert Abe ee Pa tg te a ees! : Fi fe a“ th ae ee Pa SS ee ee eae Le By EE PIR a ge ae ae a pi Pie E sbi Fe) % bY eee tans TE er ETC eT See aS eta y ty Rare awe allele inal a. nade an ce ate Ss * J 260.) Ww) Crane Recvuration VII. pees! QO QO the proprietor an allowance equal to 10 per Cent. on the Govern- ment Jumma,of such leases, in bar of all claims whatever to or iti the lands so granted. oth. C. Ist. What detailed investigations to be prosecuted by Revenue Officers making or revising settlements ; and what particulars their proceed- ings to embrace and record—the information obtained to be arranged and recorded soas to admit readily of reference by the Courts of - Judicature, and all decisions of the Courts, on the demands of the — Zerindar, to be regulated by the rates of rent and modes of pay- ment as ascertained and recorded in the Collector’s settlement pro- ee es ee ceeding until distinctly altered by mutual agreement ; or after full investigation ina regular suit—and all cases or collections not taken into account in fixing the Government Jumma, to be held illegal, un- less specially sanctioned by Government. « Detailed Investigations by Revenue Officers. © no jee 3 i os eee arsed To( 2382 ) 18221 Srorrons | Recuxtation VII. Public Revenue, due provision being made for securing the rights of the remaining parties.—Government will also determine the mater and proportion in which the net rent or profit arising out of the limitation of the public demand, shall be distributed amongst the different’ parties possessing properties in Land settled in perpetuity, or for a term of years. C. 2d. Mofussil settlement to be made in cases wherein the title of an intermediate manager between Government and the proprietors ér the hereditary occupants of the soil may be maintained, if so authorized by the Board; and Pottahs to be granted to such persons. “Specified. c. 34,|. Where several persons may hold a common property, or properties, subject to a common obligation, the Revenue Officers may make a joint settlement with, or on behalf of, the parties collectively ; or of a majority of them, or may select one or more to manage the Me- hal as Sudder Malgoozar. c.4th.| The parties how to be summoned when a joint settlement is to be made. Settlement of Lands held in Joint Tenancy, or under circumstances | Persons ; ; ; ' a J L ; $ ; ; ' ‘ ; b ¢ ' ' i H : $ t ; ‘ : : ‘ ; i i | i ' ee tend es ait ieee eee - Same ae nT les Ee a id Se Ms Pea’Settlement of Lands held in Joint Tenancy, or under tances specified. Cir cums C. 6th. C. 7th. O: Sth. ( aa Recuuatiron VII. # “ersons wilfully failing to attend when summoned, to be bound by the decision of the majority who may attend, and to be respon. ° > 4 | sible for the Revenue agreed to unless otherwise specially provided. In cases in which any of the pareenérs object to the Jumma as- sessed, the engaging parceners shall’ be deemed to be farmers of the Kevenue of the Lands belonging to the recusants, if their engage. ments extend to-such Lands. Proprietors cultivating Lands of which the Revenue may be col- lected Khas, or farmed, at what rates to pay rent. When the settlement of a Mehal, held in common tenancy, or sub- ject to a common obligation, shall be made with any one or more of the parceners selected as manager, or Sudder Malgoozar, the other par=. ‘cefiers are to hold as subordinate proprietors,subject to the payment of rent or revenue to the Sudder Malgoozar, under certain provisions, the Ps yy “ i ) eae) J 1 i aa if) | rar Hy * | a my J «i. EY a Pe fi Fi " ee | a Py \ ae) vy] Peay i] ka be hd et Led 3 Re Pr 3 rh . Fa Ta eS Sioa tse Fa Ra ees See aie ee eS om cs raPd ad ehh 99| SEcTIONS Recuiation VII. fet fe a CO the nature and conditions of the Sudder Malgoozars tenure, as‘well as of the subordinate proprietors admitted to separate engage- i eit in “ fae , ments, to. be specifically declared. c. oth. | Lands separately owned and occupied, though hitherto held as one Mehal, may be separately settled—joint proprietors, or proper- PROPRIETORS, ties, subject to ajoint obligation, may be divided on application made ~ to the Officer revising the settlement, and, with the sanction of the SETTLEMENT OF LANDS OF JOINT Board, may be admitted to separate engagements. C. 10th, |. Proprietors excluded from engaging, nevertheless entitled to have their names recorded in the settlement Robakarree, with the amount Le eatin or rate of assessment demandable. 11th, Collectors forming, such .registry, to proceed on the basis of actual possession; and may correct errors or omissions of former settlements, by admitting to engagements persons in actual posses- sion, or in receipt of rent under a proprietary title. In REGISTRY OF PROPRIETORS, F t P iM : Vi F a ' ' ; 4 ; | * ; ‘ a F 4 ‘ Sd aie toe ee ee " 2% ” - Re NR ns a la ~+ Prov ~- 1822 = ing or revising k 2 in ma settlements. dance of Collectors Lui ons for 182 @ SECTIONS 12th. C. Ist. C, 2d, 13th, 14th, C. Ist. Recguiation VIL “TOTeAS Nhe Pp, @andarron Rhuaanh: # In Estates held under Putteedar ree, Bhyachara, or the like tenures, Collectors may, in certain cases, make a fresh allotment of the Reve- | nue and charges payable by the several parceners. And in certain cases may make a fresh partition of the Land, sub. ject to the confirmation of the Board of Commissioners—but persons dissatisfied with the Collector’s decision, may contest it by a regular suit in the Adawlut—but it shall not be'competent to the Courts to interfere with the Collector’s partition of the Lands, or the ad- | justment of the Jumma, if the right to a partition on the grounds of ; usage or otherwise shall be established, and if the decision of the Collector be set aside, the Jumma to be re-adjusted. Collectors not to disturb possession except in cases specially au- thorized, but to leave persons out of possession to establish any claim in the Courts of Justice. Collectors making or revising settlements, may declare the nature and re Ae TET Lt Ts TT TT Prt erat Pee = og aa 4 teal ae oi 4 Fr me ae | yl deal os ee ls ra Y Oo te aie ae a eae eae tC TN ry th ee ar cS oe es oe ets eee ee PIP * 3 Se a ee EE SES Poe ae ve Ps J Ps ; tkee ieee H } ; n 8 ' ; i. H $ ‘ ; { t } ? r ; t H : ; i i t ; Fa aie te eg ae Be, ee D | Ce ee ea veagat re bate idl _—ae momen er © or revisin oe Oo iM in mak dance of Collectors Lui Rules for the vo - settlements. vo om ) SECTIONS C, 2d. C. 3d. C. 4th. cording the same in the settlement Robakaree-—also may decide disputes as to the extent of interests belonging to any parcener in Bhyachara, Putteedarree, or the like tenures, recording and enforcing his decision, subject to an appeal to the Courts of Justice. Collectors not to take cognizance, uider the above rule, of any claim to larger profits or more Land than the claimant may have hitherto enjoyed or held. The decisions of the Revenue Officers to be maintained by the Courts, unless proved to be wrong, ina regular suit.— The Courts not to interfere with the apportionment of Jumma, or allotment of Land made by a Collector. Collectors, or other Officers, making or revising the settlements of a Mehal, in what cases may take cognizance of complaints of wrong- ful dispossession within such Mehal—and if the complainant shall appearloos CO vO oO ~ y Collectors. U a able Y Y oo ° 10n cogne ® Complaints of wrong ful dispossess (. 27 ) SECTIONS Recuriation VII. 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, the Collector may restore or confirm him, recording the crounds of his decision in a Robakarree, and the opposite party at liberty to try the question of right by a regular suit in the Adawlut. —The Collector may also adjust any disputes relative to claims to possession, which may arise within any Mehals of which he may be employed in making or revising the settlement, leaving the question of right to be determined by a suit in the Courts of Justice. °C. 5th. To what cases the above rule to apply; but not applicable if the complainant shall have executed any deed of relinquishment not ex- torted by force or menace—nor to any case in which possession shall oF have been lost or relinquished previous to the commencement of the year preceding that in which the complaint may be preferred. In ae 4 Pe P 7 a 71 baie ra et a) 2 a we be ast *jeeste Fr a: tate’ Hi nae os Bri or a reat. | ae ry t pe roe et jak vis ee | air ere LZ ahr eh aR TS 78 pe fe “hed &y roe ea a) Ff nee te are eer ears? Be ta! Pere | Petts a ety §: ng He He | es a seeds eae) Ny Ui 3) ely eet : aie 3 ps oh P Ea at oe Fr a , n a ‘a ot on He wel a Pa ae merry | ve mi j ars. Fi ae SE! ; ey: | ast al — sai eo(ee | Seorions Recutation VII. peomal CO vO 9) - 15th, In settling resumed, Lakherage..Lands, the Collectors may take cognizance of claims tothe property therein; and, with the sanction of the Boards, may, give. possession. to; parties appearing to have the best title, subject to an appeal to. the Courts by a regular suit—But this rule not to extend to,Lands:held under grants made by or at SETTLEMENT OF RESUMED LACKERAGE LANDS the request of the proprietor. 16th. The Governor General.in Council. may grant_to Collectors, mak- ing or revising settlements, special authority to.take cognizance of claims to, the property and. possession, of Land, arising within any Mehal under re-adjustment. of the settlement, and to give possession to the party. appearing to have the best, title, subject to the orders of the Board, and the revision, of the Courts of Justice on a recular suit—provided, that, when, such, special. authority of Government: shall be: given, notice thereof shall. be published by proclamation within the Mehals to, which such authority may. extend—no decision passed by the Revenue Authorities to be disturbed by the Courts of Justice on the plea, that the prescribed proclamation was not duly made, WHAT SPECIAL POWERS MAY BE VESTED IN COLLECTORS, ; ' ‘ 1 ij ; ‘ ; ; t ; ' ; 7 ' ; ‘ } ' i { ; : , ey ‘ ' ' | } | Sal adn neh a tide oe i na ee tee dian ni ieee ~ ri a lie caer Ce ed re . \ fi1822 Claims to Property in Lands held Lackerage. SECTIONS 17th. 18th. 19th. C. Ist. ( 289 ) Recuriation VIL. made, unless, that fact be established on.a fulland regular investi« gation. Collectors making or revising settlements, in what cases to take cognizance of claims to property in Lands held Lakherage, or at a Mocurreree Jumma, under grants of unquestioned validity, and may make a settlement with the claimants on behalf of the Lakheragedar or Mokurrereedar, or fix the amount Malikana to be received by them if divested of the occupancy or management of the Lands 1 9 provided that an appeal to the zidawlut shall be on-the question of right of property ; but the Courts not to alter the terms of settle- ment or the amount of Malikanea fixed by the Collector. In cases of doubt, the Collectors to judge of the question of juris- ‘diction, subject to the orders of the Board and of Government, and the Courts not to disturb: possession given by a Collector, except in a regular suit-and decision-as to right. Collectors prosecuting the above enquiries authorized to summon witnesses, and require the production of accounts, and may examime, On eae eee BP re Pe De Tt Pee i PSN Lee eae] See Sia ieee ar halt Sasi Set ea Ae a See Sag Se) \ AR. eer( ae }j $8091 | Serawic Recuriation VII. < jon © oath, or Hullef-nameh, to the truth of such accounts—or other 2 = é 3 | matter relating thereto ; but persons shall not be examined on oatl : : | in questions immediately touching their own interests. ¢ E C. 2d | Rules in Section 2, Regulation II. 1819, applicable to processes ; : | issued by Collectors under this Regulation—also to Putwarries and = | others summoned or examined in cases cognizable under this Re. Es | gulation; and to all other persons upon whom process may be s = issued. oO 20th. C. Ist. The powers specified in Sections 11, 12, 14, 16;* 17, 18 and 19; of this Regulation, to be ordinarily* vested in Collectors making or revis- ing settlements, and extend to all Lands comprised in the Pergunnah lied in which the Collector may be so employed, but the Governor Ge. neral in Council competent to restrict the authority of Collectors or’ other Officers making the settlement in such manner, and to such ex- tent as he may see fit,—such restriction being publicly proclaimed e ink MAKING OR REVISING SETTLEMENTS. * Se 10} tl ection the 16th, noticed in this clause, declares the powers therein specified are only to | be exercised by Collectors, under special authority of the Governor General-in Council, POWERS ORDINARILY VESTED IN COLLECTORS See eS 7 i ; t r ) He ' ' H ‘ $ | } 7 2 | ; ' ' 4 | i . a lel ice ree ian ea Cee < “(* 291} 1822 Sections | Reeviation VII. a in the district,—The Governor General in Council may also vest any a < | oe a Collectors, who may be judged fit, with special authority to receive, 4 fe cet e 2 : ‘ : a7 e e try, and determine, in the firstinstance, subject to a regular suit in the a 4 Adawlut, all or any of the questions of the nature specified in the | a ag On : e ° é o ais a oa eet ie aforesaid Sections ; though not engaged m making or revising a | “i a Bm settlement of the Land Revenue—Also may vest any Collector af » 5 pais ; oa 1° either generally or within specified limits with powers to receive and wn ° ° ° ° ° = decide summarily all suits regarding arrears or undue exactions of ° ss : mA rent, or relating to matters of account between landholders and if > ay < ‘ : < ie = tenant—or complaints of non-delivery of Pottahs or Dakhelahs, and : e : generally, all complaints relative to matters aforesaid. of ue . ° on c.2d.| The appointment of a Collector to discharge the above duties, and o y a 5 e > 2 ° ° ° 2 gh z the extent of jurisdiction to be assigned him, to be notified by pro- oy 3 clamation in the district ; after which proclamation, all summary : ° . aa ee suits a ee eee Se Ete # ay Sreea3 . oe: ; § ‘ i 4 i g i ; t , i. ' H ; i § i ; ; 5 f : i t i | i | LS er ls ese ieee ee a SECTIONS SUITS COGNIZABLE BY COLLECTORS. PROCESS AND RULES OF PRACTICE. C.3d, 21st. 22d. Recuuation VII. suits or petitions referring to Lands or Rents lying within the juris- diction assigned tothe Collector, whether at the time depending in, or subsequently preferred to the Adawlut, to.be referred to the Col- lector for trial; or the parties may prefer them, in the first instance, to the Collector—the Governor General in Council also may fix, by proclamation, the period at which the exercise of such judicial powers by Collectors shall cease. | Collectors not to take. cognizance of complaints specified in the preceding clauses,‘ unless preferred within one year after the cause of action shall have arisen. By what Rules of practice the Collectors to be guided, and what processes to issue to cause the attendance of parties implicated. Sections 18 and 19; Regulation VIII. 1819, extended to all the pro- vinces subject to the presidency of Fort William ; and applicable to cases tried by Collectors under this Regulation : but process of arrest out of the jurisdiction of the Collector, to be served through the Judge of the Zillah. Collectors3 EXECUTION OF AWARDS BY CUTCHERRY. DECISIONS OF COLLECTORS CONTESTED. COLLECTORS. SECTIONS 2ad. °Cezikst. C. 2d. C. 3d. Reeuiation VII. Collector’s Cutcherry shall be helda Court of Civil Judicature, in so far as concerns the penalties for false testimony, resistance of process, contempt, &c. Provided that the regular suits which may be brought in the Courts to contest the decisions of the Collector, passed under the powers vested in them by Sections i1, 12, 14, 16, 17, 18, 19 and 920, shall be in the nature of an appeal to the Court, in its regular jurisdiction, from a. summary award, and not necessary that the Collector or other Officer of Government shall be a party in the action. Collectors authorized to execute awards made by them, and sunas of money adjudged due to be realized by the same means as arrears of Revenue—but real property not to be sold in execution of summary judgments.—In giving possession of lands, houses, water-courses, or the like adjudged, the same powers May be exercised in regard to resistance or contempts as in giving possession to an auction pur- chaser, and the Zillah City Courts to aid the Collectors, who may place s a ort poe ed 8 & 2 # Pd ae( 294) a CD oO nO SECTIONS REGULATION VIL. y to place one or more Peons, or other such description of officers, to maintain the party in possession. “l 24th. C. Ist. Collectors authorized to depute a native officer to make any necessary enquiries in any village or Mehal preparatory to a settle- ment; and such native officer to have the power of summoning and examining Putwarries, Gomastahs, and others by whom the ac. counts of the village or Mehal may ‘be kept, as provided by Section 25, Regulation XII. 1817, and may be empowered, by the Collector, to make a measurement of the village or Mehal, and to summon any Mocuddum, Ryotts, or other residents, a Settlement. and require them to point out the boundaries of the village or Mehal, and to furnish any other information required—Persons contumaciously d measurement of Lands preparaton Uulries an withholding information required, liable to penalties in proof to the. satisfaction of the Collector. C.2d.| Resistance or obstruction to the legal process or order of a Col- lector, or other Revenue Officer, punishable in addition to the other Local eng penalties Lo > by H : f 5 ‘ } ; { ; | ‘ i ‘ | ‘ : ) R ; a P - ? i | ‘ | ~ Lg dat eta ed PY" tin tal cheated te thie ia Tike ant ian ae see dita en ened aloe “ ‘182 RESISTANCE OF PROCESS OF A COLLECTOR. PLEADINGS IN SUITS TRIED BY COLLECTORS. 2 SECTIONS C. 3d. 25th. 26th, 27th. ( 295 4 Recuxuation VII. penalties prescribed by the Regulations, by fine not exceeding Rs. 200, or, imprisonment in the Civil Jail not exceeding ‘two months—proceedings in such cases to be held by Collectors, and their sentence reported to the Board. Police Officers are required to aid and ‘support the execution of the process or orders of the Collector; and if any affray or breach of the peace arise from resistance, the parties so resisting responsi- ble; but no responsibility to attach to the Revenue Officers. Parties in suits tried by a Collector, may employ any Vakeel or agent they may think proper—such persons how remunerated. } No other pleadings to be required than‘a plaint and answer: but an amended plaint or answer, or an explanatory motion, may be received. Vakalutnamehs; and pleadings, and:decrees to’ be on Stampt-paper of 8 Annas value—but no fees to be levied on exhibits or witnesses summonéd—nor any written motion necessary on such, occasions. Collectors PER eetee™ eet ree Te nih te td fa ee fe) ar Fy a ae ; peo - ” ia iia) tt 2 CA ~ Ret’ r } } " [ i ’ io ' ; i ’ § i i ; : ; | % 7 ee ee ee ee ea td row eee wee Decisions of Collectors appealable to the Board. SECTIONS | 28th. 29th. C. Ist. \ ( 296 ) Recuuation VIL. Collectors may hear and determine suits in any part of their dis- trict; but in some place accessible to the public, and in presence of the parties or their agents. The decisions of Collectors appealable to the Boards or other su- perior Revenue Authority—the petition of appeal to be presented either to the Board or to the Collector, at the option of the party, and to be on Stampt-paper of value 2 Rupees—but nos to be re- ceived after the expiration of three months from ‘the date of the decision, unless sufficient cause be shewn.—In ordinary cases, the Board not required to go into an investigation of the merits of the case, but if the decision of the Collector, on a consideration of his final Robackarree, shall appear proper, may dismiss the appeal.—If a suit he dismissed by a Collector in default, the Board may direct’ a new trial; and may interfere its authority to correct neglect or delay. No pleadings except the petition of appeal to be required, nar any fees to be taken on any further exhibits or documents the Board may call for. Iffame OO QO ~RULES OF PRACTICE, & REGULAR SUIT IN APPEAL FROM SUMMARY DECISIONS. Oki SECTIONS C. 3d. C. 4th. C. 6th. 30th. arst; *C, Ist. (.20¢ ) Recuiation VII, If the same Vakeels or Agents be employed, no further Vakalut or Mokhtar-namah requisite. Respondents to receive notice of appeal, but appearance not to be required, and the appeal to be decided notwithstanding his absence. The decision of the Board to be final as to the result of the sum- | mary enquiry of the Collector, and to be rendered in a Persian Roba- karree on Stampt-paper of 2 Rupees value. Persons dissatisfied with the decision of the Board and Collector, may institute a regular suit, but the summary judgment of the Col- lector, if not reversed by the Board, to be nevertheless carried into effect. . Parties having claims cognizable by the Collector, and not wishing a summary trial, may, in the first instance, bring a regular action in the Adawlut. On a regular suit being instituted in a Zillah Court, or appeal from the iteer etn - a 3 es 4 ee Ad 4 Po a Cee es peel ey 1 ee oe meat, 4 a i fia ee eee om rt ee ee i ae rh 2 “te | ae} cae . A ret. ae i] |Oe et eed ne ‘ " 3 t ' if i : ; } 5 ‘ 4 ; ’ F 3 3 t | | Ce SO ee eee eee ee NS ee en eae aioaal Ra Cc 0 Cc OMe REPORTS OF RIODICAL C PE ARBITRATION OF SUITS. 33d. C. Ist. o-—™ OD Recuiation VIL. the Collector, the proceedings held by that Officer to be called for and filed in the case. But no such .rent..shall be cognizable by, or referable to, any Register, Aumeen, or Munsiff. Periodical reports to be furnished by the Collector to the Board or Commissioners of all causes determined by them or depending be- fore them; and the Board:to furnish Government with such ab- stracts of these reports ; and reports in the cases received and de- termined by them in appeal, as shall, from time to time, be required. Collectors may refer to arbitration, with the consent of the parties, suits cognizable by them under this Regulation; and the award to be carried into execution, : In referring such suits to arbitration, the Collector to be guided by the rules contained in Regulation XVI. 1793, and other corresponding enactments, and Regulation VI. 1813, and may vest in arbitrators the same power and authority as therein provided, im regard to summoning and examining witnesses, ’ and‘RULES RESPECTING AWARDS OF ARBITRATORS. DISPUTED CLAIMS .TO POSSESSION. SECTIONS 34th. -C. ist. ( 299 ) Recuration VII. witnesses and the administration of oaths,—all awards made by such arbitrators, when confirmed by the Collector, to have the force and validity of a decree of the Court; and not liable to a reversal or al- teration, except in proof of gross partiality or corruption ; or shall extend beyond the authority given by the submission of the parties —such ground of impeachment being established in a regular suit in a Court of Justice. In referring disputes to arbitration, the matter submitted for award to be distinctly specified ; and may be returned for further award, if, im the first instance, the award be imperfect. Pergunnah Canoongoes and ‘Tehseeldars may be employed as ar- bitrators. Collectors exercising the powers herein provided, in regard to cases \ of disputed ‘claims to possession, who may learn either from the Magistrate xor otherwise, that a breach of the peace is likely to ensue, shall ea Sete Ce ee ee | cae | ay? aa isa a ¥} on —" ? Pere ee as———T Pe ee sf | ; t ‘ 4 ' ‘ ie ' i h i ; i } , 5 " i ; ' | 4 | Peat a y . ee ad tla “ ce eo er ? et ie : I ia eo ee ed ~ a — OO DISPUTED CLAIMS TO POSSESSION COMPLAINTS REFERABLE TO THE 99 ad OF LANDS. COLLECTORS. SECTIONS G.-2d: ( f aues, .) Recuration VII. shall require the contending parties to attend in person, or by repre- sentative, and after due enquiry, shall decide the case, and if the fact of previous lawful possession cannot be ascertained, the Collector, subject to the orders of the Board, to give possession to one of the parties, leaving the other to a regular suit. The Collector carefully to enquire into the fact of possession previously to decision ; and the collector may attach the lands and collect the rents until one party shall be put into possession. Magistrates and Joint Magistrates required to refer to Collectors authorized to take cognizance of such suits—any cases of disputes regarding lands, premises, crops, water-courses, or the like, which may appear likely to terminate in a breach of the peace—and the Collector forthwith to investigate and determine the case—but ir all cases of forcible dispossession or disturbance in possession, the Col- lector to transmit to the Magistrate, or Joint Magistrate, a copy of thejoan OO vO vO ENCOURAGEMENT OF TERMS EXPLAINED. eo ARBITRATION, SECTIONS ( eal Gj Recutation VII. the first proceeding held by him in the case, and a copy of his final Roobakarre of award. The Collector, in all practicable cases, to encourage arbitration. The terms Board of Revenue and Board of Commissioners, as used in this or other-Regulations, to what Officers to be considered ap- plicable—and ‘the Rules in this or other Regulations regarding Collectors, to apply to any other Officer exercising the authority of Collectors under orders of the Goverrior General in Council. Section Pee Eta SL eat Tt ee Pere Db ine a ad Se st eA eee oe oan) ee ies : 2 ees | 1 oa gh AC B ‘i i os 7 a ibis iyi eS sad aie es tie oeot er . iets Bs . Pe ae cS tee. ale ia in Z iad ata : a wa a ee NT el liad | | : | | : ae < : be _ ary edie SE a ele ee a alae i el te i el a b ~ a 1822| Sxrctrions Sale of Lands for Recovery of Arrears of Public Revenue. REGULATIONS RESCINDED. REGULATIONS AND RULES MODIFIED. Section 2d. C. Ist. C. 2d. * See above Clause which rescinds Sec- tlon 25, in toto. ( 302) REGULATION XI. Sections 13, 25,26, 27, and 2, Regulation XIV. 1793.—Sections 1 9, 29, 32, 33, and 34, Regulation VI..1795.—Section 28, and Clauses 2, 3, 4, and 5, Section 29, Regulation VII. 1799.—Sections 3, 5, 6, 7, and 11, Regulation I. 1801.—Sections 2, 3, 4, 5, 6, '7,'8, 9, 10, 11, 13, and 14, Regulation XXVI. C. 5, Section 17, and Sections 19 and:29, Regulation XXVIT. 1808, and Regulation XVIII. 1814, ‘ rescinded: Regulation XIJ..1'796, and Regulation, V..1800, in so far as appli- cable to public sales for recovery of arrears of Revenue, with such parts of Sections 3, 24, and 25,* Regulation XIV. 1793.—Sections 7 and 31, Regulation VI. 1795.—Section 23, Regulation VII. 1799.— Section 31, Regulation XX VII. 1803, and of any other Regulations in force which prescribe the issue of Tullub Chities, Dustucks, or other process of demand on persons from whom arrears of Revenue, or other demand similarly recoverable, may be due, or which pres- cribe the attachment of lands before bringing the property of de- faulter to sale—as well as such parts of the above-noticed or other Regulations, which restrict the powers of Revenue Officers in se- lecting lands for sale on account of arrears of public Revenue, or the period of sale; and which may not be re-enacted by this Regula- tion, are rescinded. Rulestc Sale of Lands for the Recovery of Arrears of Publ 182 @ 3 = © D © Re PROCESS AUTHORIZED. QD © Q OLCT 2 OQ ed 1 de d 3 fs 1 ie pa a ane LLULES reseindé Or modined by tne provisions apove recited, to aan +11 WA pealed mc Ae J Ad Peo, oe {, 7y COntLINUEe re POALOA or mM JOVTE A Gy Tete LOLOI Ne Es Estates bing primarily answerable by public sale for arrears of Revenue, as defined in Section 2, Re eculation ILI. 1794, and the pro- perty of all persons under stipulations with Government, whether as : re : Ue *. ® = proprietors, farmers, or managers, or their sureties, being likewise answerable for such arrears—Collectors of Land Revenue, with the sanction of the Board, or other superior Revenue Authority, entitled* 4 : = ee ee ee ; eo 2 : 2 to have recourse to this process for the realization of any arrear of Revenue, or interest thereon, or other Revenue demand, that may be due from parties so under engagements; whether any other Re- venue process shall or shall not have been issued ;* and at any time of the year when the same may be unpaid, subject only to such Rules and * This appears to leave a discretion with the Collector to proceed for the recovery of arrears as authorized by Section 3, Regulation XIV. 1793, and Section 2, Regulation XVIII. 1814, | or by sale of lands without other previous process—See C. Ist, Section 6, of, this Regulation. A (ond Seat ee EDEL Y pee nelle 3 ist ae] thd ore i ard i} Lr isd = ee( 304 ) | $299! ‘Secrions | REGULATION XI. and restrictions as are specifically prescribed in this or any other Reculation. c.2d.| Estates under the Court of Wards not liable to sale for arrears accruing while under the management of that Court. ESTATES OF WARDS, c.3d.} Joint estates not liable to sale until the expiration of the year for arrears that may accrue during the progress of a Butwarra or parti- tion ; nor estates under attachment, by order of the Court, for arrears accruing during the period of such attachment. JOINT ESTATES, C. 4th, The Governor General in Council may impose, on the Revenue Authority, such further restrictions in regard to the sale of lands for | arrears of Revenue, as from time to time may appear necessary—and Jor the Recovery of Arrears of Public Revenue. x, © 4 at te Se - o 3 | mz any sale made in contravention of an order or instruction issued by ae =. & &) 4 e » e ° e 2 Bz | Government, though not voidable under the provisions contained in: = Be Section 5, may nevertheless be annulled by the Governor General in > aie Council, within any time within three years. oS i Se Sales DQ a | [ ' ro } - ct _ A Re = ae laa ieee a |= Sale of Lands for the Recovery of Arrears of Public Revenue. |, CONDITIONS OF VALIDITY OF OO RULE FOR THE GUIDANCE OF THE COURTS OF KO 0 JUSTICE. SALE, SECTIONS 4th, Ist. (. SU) REGULATION XI. Sales of land, for arrears of Revenue, to be made by Collectors or other authorized Revenue Officers, under the following Rules—and sales so made, and confirmed by the superior Revenue Authority, shall not be liable to be annulled, set aside, or altered, by any Court r he 4 o r o ; . ° of Judicature, on any ground not involving the failure of one of the conditions hereafter declared essential to the validity of public sales: | Any persons aggrieved by any act connected with such sales, not involving such failure, may have his remedy on a personal action for damages against the individual by whom, or at whose fault, he may have been endamaged. The conditions of the validity of a public sale, for arrears of Re- venue, are as follows: Kither that the lands or Mehal sold, form the estate on account of which the arrear has accrued, or-one parcel of such estate, and shall be liable to sale, consistently with the principle and provisions declared in this Regulation ; or being the property of the defaulter or eabrai ay are REI PT TPN, Ta Ng TE ty a ah J ath | Pie . as 3 oer or “ er. cr af «oF oe | + | ae | BY ae SEES ea re ee RE eee i ACRE: ae be 4 ; ; a : Bx Pre r 8 Tbe, = Sf Ree oA eli nn +e et - Ee Det a id one eae PE Mon he ae gi tm P= Dever r ry B Ss SD aie ec tay eae ea fa7 5 2 ee “i ee a ee eee " get - lie <; a os “ . | ' a o f i ; i ; ; t to i } ‘ : i | | > : 3 é : : | * | Sale of Lands for the Recovery of Arrears of Public Revenue. GO QO CONDITIONS OF. VALIDITY OF SALES. vO ct SECTIONS © 5th. 6th. C. 1. q or his surety, shall have been especially pledged to answer the de- mand in arrear. ‘That permission to make the sale shall have been received from the Board, or other controling Revenue Authority, previously to the | day of sale. That due notice of the demand and intended sale; as wellas of the time and place of sale, shall be given, as hereinafter provided. That some part of the amount demanded in the notice, or of the interest payable thereon, shall be due at the time of the lot being put up. That the sale shall be made at the time and place stated in the | advertizement ; and with due publicity and freedom as hereinafter specifically directed. , When a Collector shall deem it necessary to resort to a sale of lands for recovery of arrears of Revenue, he shall transmit to the Board, for sanction, a statement of the Jands—what particulars it is to specify,found OO oOo eo Recovery of Arrears of Public Revenue. Sales of Lands for the oe STATEMENTS OF LANDS FOR SALE. SECTIONS C. 2d. O. 3d. dip 5 Oh 1st; ( 307 9 RecuLaTiIon XI. specify, and information to be furnished if a portional assessment on the Lands is to be fixed—also a copy of the notice of sale to ac- company.—The Board, on receiving such statement, will determine on the propriety of resorting to a sale—and will either authorize the Collector to sell, if it shall appear necessary, or may direct the Col- lector to postpone the sale, causing notice to be given thereof, and may, from time to time, repeat such postponement. If any alterations be directed by the Board in regard to the Mehal to be sold, its Jumma, or place of sale; a fresh Lolbundee and a new publication to be made. Sales of Land not liable to be annulled on the ground of informa- lity or omission in communications between Collectors and the Board, provided authority to sell has been given, If the arrear shall have been due not less than fifteen days, the Col- lector Li ™, Fi 4 he aan o Ee os ileal TTT X ., es ey ete Cr Si Pera oe yt nS) Cail a 7 Re ti Po a ere 2 2 Es a |f° e0py.) 1822| Srcrions | RecuLaATIon XI. ,| lector may issue notice of sale, without the delay of a previous refer- ence to the Board for. sanction, c.2d.| In what languages the notice to be written, and what particulars to specify. C.3d.| A copy of the notice to be affixed up in the Cutcherry of the Collector and the Court—a third, copy to be sent:to the Board to be published in the. office of the Secretary—one copy also to be pub- lished in the. estate at the Cutcherry or Residence of the Defaulter —or Cutcherry of the Canoongoe, Tannahdar, or Munsiff in the manner herein directed. C.4th.). What publication , shall be deemed sufficient for the validity of a NOTICE OF SALE BY COLLECTOR, sale—notice to.be received by the judge thirty days prior to the date of the sale and twenty days previous notice in the Mofussil. C. 5th. Collector to follow. the course. prescribed by C. 1, Section 9, Re- gulation XV. 1816, in case the registered proprietor of an estate to be sold, be a native officer or soldier on the military establishment, Sale of Lands for the Recovery of Arrears of Public Revenue. | | and ! 1 t [ e ‘ , f t H 2er ~ ne Sale of Lands for the Recovery of Arrears of Public Revenue. 1822 ARREAR TO BE ASCERTAINED. ADJOURNMENT OF SALE TO BE NOTIFIED. SECTIONS Sthii Cu. Ist. ©. 2d. 9th. 10th, Ca lst. ( 309 ) Recuration XI. and shall have notified the circumstance to the Collector as required by that clause. In case of the postponement of ‘sale what further notice to be issued by the Collector. Any adjournment: of sale which the-Collector may find it neces- sary or expedient to make, from: any of ‘the causes herein specified to‘be notified in the original advertisement in his Cutcherry; but if such adjournment be made after a bidding has commenced, but before the lot be’ knocked‘ down, ‘the Collector to record the last bid }in'a proceeding; and onthe ensuing day of sale the lot to be put up at the- same bid unless formally retracted, or the bidder, after being thrice called, shall not be forthcoming. The foregoing principles in what manner applicable to sales made prior to the enactment of this Regulation. The Collector to ascertain that’ an arrear is due before proceeding to a sale: and if the arrear be denied, the Collector may still pro- ceed to a sale, unless the sum be paid in, or Government Securities be eee ay > » Sette Eps et Be @ , : ty iy cy oe a uf : > a ’ eee pe ST STIG eT ee RS Se acne onions , oe i . = BEY etievt Mo theta eePe a SPN O Se TT Tt Ty Ce Rin Te ane ERO TET e — Pe -(S810 ) : 1822] Srcrions Recuration XI. be tendered; or the judge shall certify that the amount has been deposited in Court. : c.ed.| But if the sale be made at the office of the Board, payment of the | arrear in the Zillah, not to stay or invalidate the sale, unless made in time to admit of intelligence thereof being previously communi- cated to the Board by the ordinary dawk—or unless the party shall produce a certificate of such payment or deposit under the seal or signature of the Collector or Judge. PAYMENT OF ARREAR. C. 8d. Parties paying or depositing the amount demanded may sue, under Section 23, of this Regulation, provided they at the time denied the justness of the demand in writing—but no sale to be set aside by a Court of Judicature on plea that no arrear was due, unless such plea shall have been preferred to the Collector or Board previously, to the Sale: or to its confirmation by the latter authority—or suffi- cient reason shewn for omission—but no claim by the Zemindar, against Government, in any way to affect the rights of Government, and of its Officers summarily to enforce payment of Revenue by a Sale of Lands for the Recovery of Arrears of Public Revenue. RULE FOR THE GUIDANCE OF THE COURTS. sale bd 1 $ : t ’ a ; | : t ; ' ‘ ‘ ; } , ' ; ' : Hy : i ‘ ; 1 er ie hl ae Ral aie mratl Ce ee ee ee ee ee rs1822 Sale of Lands for the Recovery of Arrears of Public Revenue. RULE FOR THE GUIDANCE OF THE COURTS SALE WHERE AND HOW CONDUCTED. SECTIONS 11th, 12th, (. Recuiation XI, sale of lands, or property of any party pnder, so long as any part of the assessment shall remain undischarged. ) Nor any sale to be annulled on plea that the arrear demanded ac- crued while the engager or his representative was divested of pos- session and management of the estate sold, by the act of any indivi- dual, or under any order of a Court of Judicature; or by the estate being attached by the Collector, under the powers vested in him by the Regulations. Sales shall be made at the place and time specified in the adver- tisement. If made at the office of the Board, to be conducted by the Secretary or other person duly empowered.—If the Sale be made in the Zillah, to be conducted in the Cutcherry of the Collec- tor, and in his presence or that of an officer duly authorized—but during the sale the Collector to cause a flag or other intimation to be given at the entrance of the place where the sale is conducted. The a Ad oh) ry < of oat Peet eare 3 ar vie a it I ae or] ere ie Ray to the process for realizing arrears due from Sudder farmers or their sureties, and insti immediate j 7 5 shall institute an immediate investigation, and submit the result of. his proceedings to the Board, who will determine whee ther the fact be established or otherwise.—If the Board deem the fact N1 ee aiatas Rt ere Teeter ney Se Re EL To are TRE MEO ECR Tm Fo Pe TS eee i Fae NSE ERO ew hee meas oe ‘ 4 a ‘in & Bi ; : 4 BS a ? eo ts ome * “eo$ e , : t a a ; ; ’ ‘ ‘ ! ‘ ‘ ‘ } ; : ; i : 4 : t ‘ > ; ' | ‘4 | i Ce eee ee ee ee ee ed — wa ~ - od lata Sei et eli maa 4 99| Sections pecesed OO oO Oo SES BY GOVERNMENT OFFICERS. Sale of Lands for the Recovery of Arrears of Public Revenue. 19th. < Ts oO G ba By 4] < Cr fa) rw pol bes 20th, . C. Ist. i=) w py Ss < aos = mm RP Re ( ( 316 ) | RecutatTion XI. fact proved, they will report the circumstances to the Governor posal of the lot—the amount purchase-money to be credited to the defaulter; and if the purchaser contest the fact of his being a per- son prohibited from purchasing, he may have his remedy by an action at law, for the recovery of the amount paid into the treasury with interest and damages. If after conclusion of the sale, and before the confirmation of the Board, or delivery of possession, the Collector shall see reason tobe- lieve the purchase to be Benamee, he shall stay delivery of posses- sion, and institute an investigation, communicating the result to the Board, who may annul the sale, and direct the lot to be re-sold, and impose on the purchaser a fine not exceeding the amount of deposit. After a sale shall have been confirmed, and possession given, the purchaser not liable to be dispossessed on plea of illegality of the purchase, except by a decree of Court in a regular suit. In General in Council, who will direct the confiscation or other dis- . |ery of Arrears of Public Revenue. _, PROHIBITED OR BENAMEE PURCHASES DISCOVERED AFTER POSSESSION GIVEN. Sale of Land’ for the Recov 822 ~ SrecTIONS C. 2d, ( 3h Recuuation XI. In case of discovery of a Benamee purchase, or purchase by’ a de- faulter, after possession has been given, and the fact being establish- edin a Court of Justice (of which, if at the suit of an individual, in- formation is to be given by the Court to the Collector) the Collector, with the sanction of the Board, may impose on the offender a fine not exceeding 25 per Cent. on the amount of the purchase-money ; or if it shall appear advisable, and two years shall not have elapsed from the date of sale, may cancel the sale, and dispossess the pur- chaser or his representative in possession, returning 3-4ths of the | price realized at public sale. In like manner, if after possession has been given, it be proved i that the purchase was made by a Kevenue officer (by whomsoever | the suit may have been instituted) the Court passing the final judg- ment, whether in appeal or otherwise, shall forward the Decree to the Governor General in Council, in order that the estate may be declared Ra r C Ota Pah wth Pe eat Pet pve Reig Te Ta Ne, Se NTN aoe <. ae cea ra i i “e he eer “eta o Pa 24% | 4 KS Mt Ae: Rene | re “ “a Le eS and : 2s 3h oe wie tiahey Se err sy sat cy nat ee as at oa tne, ae Sa eee ee eee a = Say( 318 ) 1822] Sections RecuiatTion XI, declared confiscated, or otherwise disposed of, at the pleasure of Government. | 21st. C. Ist. If the entire amount of the purchase-money, at a public sale, be not made good within ten days, the Collector may notify, that the estate will be re-sold on any subsequent day ordered by the Board, and unless the purchaser shall satisfactorily explain the default, the estate to be re-sold at his risk—the deposit also to be forfeited,*— The first purchaser to be held responsible for any deficiency on the re-sale; if there is an advance of price on the re-sale, the amount to a er be carried to the credit of the defaulting proprietor of the estate. E TO MAKE GOOD THE PURCHASE-MONEY, i 4 ° > © ° e = a | C. 2d Or the estate, instead of being re-sold, may, with the sanction of } = S the Board, be restored to the original proprietor, on certain con- 5 ditions, ® 5 When * Query—to Government, or to be carried to the credit of the defaulter >—It is presumable the former, though not so specified.— See latter part of Section 18, of this Regulation, and Preamble to Regulation XII. 1796, and Regulations therein noticed. Sale of Lands jor the Recovery of Arrears of Public Revenue. 4 ; | ‘ ‘ ' b E ' | , ‘ ' ’ ; 4 : ’ ‘ | ' [ ? | ' Oe ee ee ee , — oS " oad ale ee crore oe Pret(~ 339.) 1822| Sections RecuLation XI. Ee oon ” Cet Vhen:the purchase money shall be realized, all balances due from — rf ei —_ 8 Zz ~ x ~ oo o ‘ a : ° . 2 | to be altered at any time within ten years from the date of sale, and a 7 : 2 order a new allotment of Jumma on the lands sold—or if the Jum- = ‘ ee ma allotted be too low, and the purchaser refuse to allow a new al- ae BS, | lotment, the sale may be cancelled by Government within 10 years.— mR AE : : ; S 8. In such case, the purchase-money to be repaid without interest, and 4 iQ - . s if the late proprietor shall not make good the amount when called : < ; my, St = §y upon to do so, the lands shall become the property of Government.— S:& | We 2 Ifthe Jumma assessed on any lot shall be reduced, Government, S & . ' S 2 may determine what compensation shall be paid by the purchaser, Ae who may be benefitted thereby, to the party whose Jumma shall be on x q enhanced ; or in case of refusal, may cause the lot or lots to be resold, : Sa) and ‘ * | a td | i i ? ey aa cliintaa tiee Ni ntet ine natin einen . Bete we, eee eee . aa - re aed | |1822 Sale of Lands for the Recovery of Arrears of Public Revenue. ABATEMENT OF JUMMA, CONTEMPT IN OPEN CUTCHERRY. SECTIONS 36th. a(thy i let. RecuiaTion XI, and after paying the purchaser the amount of his purchase-money, without interest, to distribute the remaining proceeds amongst those whose Jumma may have been enhanced. No abatement of a Jumma once fixed to be made without autho- rity of the Governor General in Council; and the Revenue Autho- rities exclusively competent to take cognizance of any questions affecting the amount of the Jumma assessed on lands paying revenue to Government, which alone shall be fixed, altered, or modified, by those Authorities, under the orders of Government. In case of a purchase of an estate on account of Government, the rules for Khas management to be applicable. é The Revenue Authorities vested with the power of punishing for contempt in open Cutcherry, by a fine not exceeding Rs. 100, com- mutable to imprisonment in the Civil Jail not exceeding fifteen days. Orders of. Revenue Officers in such cases to be final, saving the power of control vested in the Board, and reserved by Government. Zillah R 1 Rec eee TE TEE eee To Se Pes rt Peat PP Te DET epee e ae = Ce eae Ss me RESTON PS 2 metre ~~ at sa a Eve ew ae Cr Pree ee earn Le eee hrs ge ee ee EV Re a Le Re TT TS oe Parte Me SO PEST os SPA ey nn Tie, een Y( 332 ) CO vO oO . SECTIONS | REGULATION XI. < Zillah Judges to enforce the penalty ordered in the same manner as is adjudged by a Court. ogth. Government not to be held liable for errors of the Courts of Jus- tice, whether Revenue Officers be or be not employed in the execu- tion of the orders of the Courts; nor any Officer of Government lia- COURTS OF JUSTICE. ble to be sued for any thing done or suffered in conformity with an order or decree of Court—any persons who shall so sue Govern- ment or its Officers, to be nonsuited with costs—further application of the foregoing principle to Officers vested with judicial powers. 30th. This Regulation not to affect the powers and authority conferred by Regulation I. 1821, on the Mofussil Commissioners, in regard to the annulment of sales. GOVERNMENT NOT LIABLE FOR ERRORS OF THE ee ee el oid for the Recovery of Arrears of Public Revenue. _, All eid a ae Sale of Lands, t : 2 ; | Te ee ee een ~ a a ee De eee Ras ory ox | i { jfa panad d. OO vo > 89 1 Servants prohibiie ~e Loans of Money to Covenanted Civi SECTIONS C. 2d. C. 3d. 3d. 4th. Séction 2d. C. Ist. ( 33a 4 Recuration VII. All Covenanted Civil Servants, in every department, prohibited from borrowing money from the Native Officers under their autho- rity, or the connexions of such officers. Also from any persons officially accountable to them. Section 4, Regulation XXI. 1814, rescinded ; and the provisions of Sections 2 and 3, of that Regulation, extended to Civil Officers employed in the Commercial Department, as well as to all other Officers being Covenanted Civil Servants. Judges of the Zillah and City Courts, Magistrates, Joint Magis- trates, Registers and Assistants to Magistrates, Collectors and De- puty Collectors of Land Revenue, Assistants to such Collectors, and other Officers, exercising the powers of Collectors, prohibited, under penalty of dismissal from office, from incurring debt to Ze- mindars or others, residing or having property within their districts. All persons prohibited lending money to Civil Servants contrary to the Sr eT ert ee aaieliabies a at oan bee ioe aie Sn eed oh Bee ee PE ee REM EEL TT wore ert he te Nr SO SP oe a Te eee Sony ey 4 a a ati : A! i en Ss ee a EY ots se SSO eye ? piel pene ot cook weg a ot kaos Pe ae ao ~ a P= i ~ a iemmpnnatly ee RO GO SECTIons | Recuration VIL, : the above rules, under penalty of forfeiting to Government a sum | equal to the amount so lent. ath. Officers of Government who may be in debt, contrary to the above rules, to report the fact to Government, at the expiration of one : year from the 30th of October 1823, or in failure thereof, the same penalty to be attached as in Section 3d. ul Servants prohibited. ) nanted Cre7 6th. Officers receiving new appointments, if indebted to individuals contrary to the above rules, to report the circumstance to the Go. ee a vernor General in Council, or in failure, subject to the same penalty. Pi A | mth. Any Native knowingly taking office in opposition to. the provisions m Pe of Regulation XXI. 1814, and in contravention to the above rules, shall forfeit to Government-a sum equal to ten times tl | 1e yearly | salary or allowance attached to the situation. 8th. Penalties to be enforced by a prosecution in the Provincial ! | : | | | Superintendent of Legal Affairs, or other Officer nominated under { ! Court of the Division, at the suit of Government, conducted by the Loans of Money to Cove the 4 ; t ‘ ' ‘ ¢ Hl i ‘ ‘ ‘ i i 4 H } : a 4 ; ; iH | ; De eee of i tala ™ ee _—— Se - ,aa eid tt “sin, ( 335 ) 1823) Sections Recutation VIL. tne special orders of the Governor General in Council—an appeal to ases of a c Me as the decision of the Provincia] Courts, as in all other c be from the al suits. When ites ee Ss 1‘ : , ‘ : t ; i ; ‘ ; ; t ‘ ; F | ? } ' ‘ ; i ; 4 F t t i 2 é i ee oe ee a aeeniien maaan < 2 ee . ee ane oe ee ee eee ee Ss ie ’ ani ialiiiad agate saiaitienenieinital ae * 1824| Sections | - Public Purposes. For the Purchase of Land or Real Property required for coon ———— Section 2d. 3d. C. lst. « ( “aaa. ) Recuiation: I. « When ground, or other immovable property, shall be wanted for any public purpose, and there shall be any hindrance to the pur- chase of the property by private bargain, a flag to be erected thereon, and the boundaries of the land required to be marked out—a notice also to be affixed up, and proclamation made, requiring any persons claiming a right or interest in the property, to appear in person, or by an agent, to make known the nature of the interest claimed, and the terms on which they may be willing to dispose of their rights and in- terests, or to specify any objections for the information of Govern- ment; when a report is to be submitted to Government by the proper officer, with his sentiments on the case, and the estimated value of the premises or property required for the public service. If the party shall refuse or object to dispose of the property, or demand an exorbitant price for it, the Governor General in Coun- cil will, if it shall appear proper, direct arbitrators to be elected to assess, the value of the property, including the rights of all persons~ For the Purchase of Land or Real Proper 1824, ‘y requred for t ~ Public Purposes. SECTIONS C. 2d, Ath. C. Ist. C, 3d. C. 4th. Recuuation L. persons holding an interest therein, according to the following rules : When any extensive public work may be commenced on, the power of determining on all objections of the above nature may be deligated, by the Governor General in Council, to a Board or Com- mittee. The following rules to be observed in the appointment of arbitra- tors, and in conducting their enquiries. Two arbitrators, on the part of Government, to be selected by the Judge, or Magistrate, or Collector of the district in which the land or property, required for the public use, may be situated—and the parties to be required to elect two arbitrators to act on their behalf— Rules to be observed in the selection of arbitrators, under different circumstances, herein specified. Solemn declaration to be made by arbitrators. An umpire to be appointed for the decision of any points of difference in opinion. pee $5, Peed + 3 at oy cia 3 atte aa J ae eh aay 4 re a vie Pai Sen, rer y A +. r A a ‘ oy on a ol i Liar na te he Pa alOe nt od edad . el P a Re. . expat oo ee ‘ si ; ; ‘ Pi 4 i : ; 7 ' t + f : | ' é ' f | a | i A Pry ee ee a ieee a ee ee EY Seas bs : OO eget Oe — ea _ a [ 182 S ee "3 & Public Purposes. For the Purchase of Land or Real Property requ hem LLL EE TTL ‘aC eternity ma sag ene SE ESE EA SECTIONS C. 3th. C. 6th. © 7th C: Sth 5th. (. Se. } REGULATION I. points of dif If the voices of the arbitrators shall be equal on any ference, the decision of the umpire to beconclusive—in all other cases, the majority of voices to conclude. The officer commissioned to appoint the: arbitrators and umpire, | shall exercise the powers and authority necessary for securing their oo | attendance, and a due completion of the award. | ‘he arbitrators shall act under the general superintendance of | the Judge, or Magistrate, or Collector, or other Officer commission- ‘ed by Government, Who. shall. afford to the arbitrators all necessary aid; and on ap- plication, shall summon any witnesses, and cause an oath to be admi- nistered; or empower the arbitrators to. deso—and persons giving a false deposition, or procuring such to be given, to be held guilty of perjury, or subornation of perjury. Information to be furnished to the arbitrators by the Officer superintending cermin rs a —————: - Real Property required for Public Purposes. For the Purchase of Land 01 ee) GO oT cement pS Cf 6th. Cy Ast. C... 2d. C. 3d fo Nie ( 330° 3 Recuration I. superintending the execution of! the work—and in the event of any dispute, which. may require a measurement of land, the arbi- trators may cause the same to be performed in their presence or otherwise. Compensation for Lackherage lands to be determined by arbi- trators. Rule for the. guidance of the arbitrators in.cases of dispute be- tween the parties holding different, interests in the land. If the:land be subject to the payment of Revenue, the adjust- | ment of compensation in what manner to be made. Rights.of parties claiming an interest in land taken by Governe ment, in what manner to be adjusted. When the question of possession shall be doubtful, the arbitrators /to certify the circumstance to the officer under whose direction they may act, and suspend payment of compensation until one of the ag was 3 | ery a gs - i Se oe oe) 3 ae Ls ae e > Eye SP rt eee Tt ee eal 7 Be ta| ' } i " 4 y ' ‘ i ' : b ' iV 4 ' § i { f 3 : F t t ; t | , | Bk aie ee ee ee 4 Prd " a eo -_ te - a ili algae a x . 182 d ° require Sor Public Purposes. For the Purchase of Land or other Real Property 4 . SECTIONS ( 340 ) Recuriation I, c the claimants shall obtain an order of the Court for payment—but possession by Government of the property transferred to it under this Regulation, not to be disturbed or defeated by reason of any matter touching the right or title of the former occupant; provided that in cases where the ostensible proprietor may consent to trans- fer the property to Government, proclamation may be ordered by | Government to be shade in the manner prescribed in Section 2d, requiring any claimants to prefer their claims before a certain date —after which date any suits or claims to recover the same which may be preferred in the Courts of Justice, to be dismissed with costs—but nothing herein contained to affect the liability of the party who may have received the value of the property transferred to Government, without having a good title to the same. mth, C.1st.| ward how to be given by the arbitrators, and their proceedings disposed of. i i ge ee mt a The| For the Purchase of Land or other Real Property required 1824) for Public Purposes. SECTIONS G@i2di C. 4th. 8th. 9th. C. ist. ( Ty Recuviation I. r \ ww ™ ppat> Et nec” The Officer receiving the award, to transmit the same, with a re- | port, to the Governor General in Council for orders. No award shall be altered or reversed unless open to impeachment on the ground of corruption or gross partiality, or shall exceed the powers of the arbitrators; and such ground of impeachment shall be established in a Court of Justice. The surrender of property required for public purposes, to be enforced, after an award, if necessary, by the Magistrate. Expenses to be paid by Government in-cases referred to arbitra- tion, under the above Rules. The above Rules are not applicable to the removal of obstructions to the navigation of rivers—which may be summarily removed by the Magistrate, or other authorized Officers, under the laws ap- plicable to the removal of nuisances. The above provisions are not to be applicable to lands required for ae Pd _ UP . I a as eee LL 2 ae : Pl 2 a) BS = Es FI ri | ie a¢ “ 4 9 1824] Sections Reevurattion J. : li _ for the use of the Salt Department, except in so far-as they may be ee specially I , Ss § pecially declared to extend to them, in this or any other Re S ing culation. = oe = ops C. 2d, The follo 5 wing Rules passed for the o ao : I e guidance.of all Public Func. > 1onaries, Il I } > . . | 1 determining any question of right that may arise be. Ss & tween the Zeminda . & : | rs and Officers of the Salt De epartment in the Salt Rp ode Agencies of the 24 Perownn: T eS S of the 24 Pergunnahs, Jess ore, Bullooah, and Chitt: agong. > ~ < C ad k ; * ° . A. Ss ” au Calar “ec Ss J ‘AVHnNTAs ¥ Res y remissions granted on-the first establishment of the mono- : S28) poly—upon what principle allowed. ao se C. 4th. Abatements grante ‘inci ! 7 eranted on the principle stated to be continued in e.g perpetuity. | ; "oe. 8g C. 5th N : z : oth, oO claims . | an: s to Kalary rents o1 applications. for remission or abate.. ‘ s < m f Reve : Ss ments of Revenue, on account of salt or-fuel lands, to be received by Pe - 2 Collectors or the Board i} ar ig | . : ‘ Ss pay toll for 75 Maunds, and so on progressively—until the tonnage = 2; shall exceed 500 Maunds, when the allowance shall extend to 8 50 Maunds—and in boats above 1000 Maunds, the toll on 100 S Maunds to be relinquished. "SH 6th. C. Ist. No fleet of boats or rafts to float at one time more than 20 Tim- © o e s bers through any of the rivers specifically named. &p C. 2d. Nor more than 12 Timbers by a single boat or raft, nor more 3 than 6 Timbers between the 1st December and 1st of July. | Ss C.3d.| Penalty for infringing any of the above rules—Collector empower- 2 ed, in certain cases, to detain boats, rafts, &c. until the toll or penalty ; “~ , s e ° 2 demandable thereon shall have been liquidated. i “\ = c.4th.| Collector in such cases to report to the Board of Revenue, and: ; Oo | 3 notify the sale of the articles by proclamation, after an interval of | 3 15 days.—No sale to take place until authorized by the Board of ' © } S | Revenue. ; S ' “No : 2 wth. Penalty for attempting to pass boats, &c. free of toll, having By been boarded by the Collector’s toll boat. Rules | : | | Oe ee * Ce rs at Ep wares = ee ee ae“ preven us through certain Nullahs. vO > . passy Tolls to be levied on Boats, &c _ SECTIONS Sth. C. Ist. C. 20: C, 4th. C. 5th. C, 6th. C. 7th. , ( 351° 4 | Recutation VIII. Rules for defining the duties and powers to be exercised by the’ Supervisor of Rivers—but the Governor General in Council compe- tent to vest the Collectors or other Officer with similar powers. Supervisor to act under orders from the Board of Revenue for the Lower Provinces, unless otherwise directed by Government. And empowered to cut down and remove Trees, sunken Boats, Rafts of Timber, and other obstructions, to the navigation of the Rivers. How such Trees, &c. are to be disposed of. Cases in which before the removal of Trees, &e. the Supervisor is to serve the proprietor with a notice, or to require the removal by a notification. | Owners neglecting to remove Trees, &c. after due notice given, the same to be removed and disposed of by the Supervisor. Supervisor may remove Trees, &c. in cases of emergency without giving previous notice—proviso as to the mode of proceeding in such casp. e Provision ff 7 W ii as ra oes oer] hs2m, Oded he et “* en aa ele a 3 meee? et os ; i } t : i ; ; : ‘ ‘ ' ‘ b ; ‘ ; i ; ? ; $ : : i i | : Sia sie nae oe ge i chet Ail el 7 ol a ei ae tale eel om PR Pa 1824| Srctions “3 = 3 C. Sth. ‘S Oth, C. Ist. — o o 36 ©C..2d. S 5 bao} & = S oat 3 Qy 3 10th. ayy? aR 3 \ S RQ = 4 : S under the foregoing Sections. S 4th. In the trial and decision of such suits, the Collector to be ouide = Bs Se b , t t a i : } * ‘ ; ' bs ‘ bi j : ; ' ' , } ? 2 7 | : z , 1 ; : | 7 * “ ee 3 ap Sammie tiers eee ene Le < .or tS tO - % Sut Modifying the Rules in yorce for referring Summa: CO QO Collectors. IR A as Srcrians | 5th. 6th. Sik eee) 3 RecuLatTion XIV. by the rules in this Regulation so far as may be applicable, or by the rules prescribed for the guidance of the Civil Court in the trial and decision of similar suits—The Collectors also invested with the same powers as the Civil Court in issuing all processes necessary in such suits, except the execution of decrees. All decrees passed by a Collector, under this Regulation, to be noti- fied as soon as possible to the Judge of the Court from whence re- ferred, and the whole of the proceedings in the case, at the same time, transmitted with a final return to the precept of reference; and if any specific sum or damages shall be adjudged due, the Collector’s award to be executed by the Judge on receiving the Collector’s ree turn; and generally, any order contained in the decree of the Collec- tor to be carried into effect by the ordinary process of the Civil Court. Parties in suits, referred to a Collector, may employ any Vakeel or agent they may think proper, to act and-plead in their behalf—the rate ria Ts Sane eT | ieee rd Pa é mm 2 - bi oe: ! | ices testa Sein tie snail lial eke oe a a eet a el a Lo | id sealant ae . 4 @ Modifying the Rules in force for referring Summary _, ° Suits to Collectors. 624 A = SECTIONS 8th. Sth. 10th. { (358 ) 0 Recuiation XIV. rate of remuneration tc. ‘be adjusted between the Vakee] and his constituent, but no greater sum to be awarded on this account ™ as costs payable by a party against whom judgment may be passea, than what may be deemed by the Collector a fair equivalent, No other pleadings to be required in such suits than a plaint and | answer—but a supplemental or amended plaint and answer may be received. Pleadings and Mokhtarnamehs, or Vakalutnamehs, to be on stampt- paper of the value of eight annas—and no fees to be taken on ex. hibits tendered in the cause! or on summoning witnesses. The Collector competent to determine such suits in any part of the district, provided the proceedings be held in public, and in presence of the parties or their agents, if in attendance. Persons dissatisfied with the summary decision, may prefer a regular B41 14,4097) @6/27/11 16428 « si Group etPe ‘ ’ t * t | ‘ H 5 ‘ ‘ ; ’ . , 4 ' | ‘ a 3 a | ee ee el Satie a a OY i Mie tied he ee hat Ai ee Ce ba am op . 77 seth A —