CO882-(3-4) — Page 354

PUBLIC RECORD OFFICE

سيا

Reference:→

LICO. 882

4 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Appointment

of agent by renter.

Penalty on proprietor

cutting without notice, &c.

Penalty on breach of #greement

Further

30

13. And it is further enacted, that if any renter of the tax upon the crops of any district or village shall appoint any agent to act on his behalf in the receiving of such tax, or to exercise any of the powers herein-before conferred upon such renter, it shall be necessary for such renter to notify such appointment in writing to the principal headman of the division in which such person shall be appointed by him to act on his behalf. And any act done by or with such agent so appointed in furtherance of the provisions of this Ordinance shall to all intents and purposes be deemed to be done by or with such

renter.

14. And it is further enacted, that any proprietor or cultivator who shall without giving due notice cut any crop liable to tax, or who shall without giving due notice thrash any such crop as is referred to in the 6th clause of this Ordinance, and any proprietor or cultivator who shall at any time before the delivery of the share due on account of the tax to the person authorised to receive it, remove any portion of his crop, and any proprietor or cultivator who shall neglect or refuse to cut and thrash and divide the said crop, and to deliver the share due on account of the tax thereon in manner herein-before enacted, shall on conviction be fined to the amount of double the value of such share, the quantity to be reckoned according to the extent of the land, and at the highest rate, in proportion to the extent at which the tax shall have been received or ascertained for the same harvest, for any land in the same village, and in default of payment he shall be imprisoned with or without hard labour at the discretion of the court; provided that such fine shall in no case be less than one shilling and sixpence, and that the imprison- ment in default of payment shall be in the proportion of one day for every penny where tive the fine shall not exceed one shilling and sixpence, and of one month for every shillings in all other cases, and shall not in the whole exceed twelve months.

15. And it is further enacted, that in every case wherein a special agreement shall have been made between the Government agent and the proprietor or cultivator of any land for commuting the tax payable thercou, if the proprietor or cultivator shall commit any breach of such agreement, he shall be fined to the amount of double the sum payable by such agreement, for the tax upon such land for the year in which such breach shall be committed, and in default of payment he shall be imprisoned with or without hard labour at the discretion of the court; provided that such fine shall in no case be less than one shilling and sixpence, and that the imprisonment in default of payment shall be in the proportion of one day for every penny where the fine shall not exceed one shilling and sixpence, and of one month for every five shillings in all other cases, and shall not in the whole exceed twelve months.

16. And it is further enacted, that if any proprietor or cultivator shall have paid the demand of tax fine or suffered the imprisonment awarded by either of the two preceding clauses, he shall not be liable to any further demand for the tax on the crop on account of which such fine or imprisonment shall have been awarded.

barred.

Tax may be recovered by

civil action.

.Renter to

fines.

17. Provided always, that nothing in this Ordinance contained shall be held to prevent the Government or the renter from "instituting a civil action for the recovery of the tax due upon any crop if it shall appear expedient.

18. And it is further enacted, that if the tax upon the crops of any district or village receive half of shall be rented, the renter shall at the termination of his rent be entitled to receive from Government a sum equal to half of the amount of the fines which may have been imposed under the 14th and 15th clauses of this Ordinance upon the proprietors or cultivators of lands included within the limits of his rent division during the period

any

Penalty on resistance of collection of tax.

When prose-

his rent.

19. And it is further enacted, that any person making or inciting any resistance or obstruction to the collection of the tax on any crops by the persons authorised under this Ordinance to collect the same, shall on conviction be liable to a fine not exceeding ten pounds, and in default of payment to imprisonment with or without hard labour at the discretion of the Court, not exceeding twelve months.

20. And it is further enacted, that no prosecution under this Ordinance shall be cution barred. commenced after the expiration of two months from the time of the commission of the offence if the tax shall be rented, nor after the expiration of six months therefrom if the tax shall be collected by Government.

Passed in Council the twenty-seventh day of October one thousand eight hundred and forty.

P. E. WODEHOUSY,

Published by order of the Right Honorable the Governor.

Clerk to the Council.

GEORGE TURNOUE,

Acting Col. Secretary.

31

Enclosure 4 in No. 1.

NOTICE OF REAPING and THRESHING.

his

he must

1. Six days before the day on which the cultivator intends to reap crop give notice thereof to the renter in writing. If the renter is not in the village, such notice should be given to the arachehé of the Julana, or other headman.

2. The notice should be signed by the renter, or if he is not in the village by the headman, and be returned to the cultivator. The cultivator can after that

reap crop

on the day fixed.

the

3. If the cultivator fails to reap his crop at the time named he should again give notice as above to the renter.

4. If the crop is not threshed as soon as it is reaped, and if the sheaves are stacked, the cultivator should inform the renter or the headman of the number of stacks, and should also give notice of the threshing as before.

5. If this notice is not given in writing the cultivator is liable to pay double rent, or to imprisonment.

6. If the renter fails to come at the appointed time, the cultivator should, in the presence of two men of good character, measure the crop and separate the tithe, and should obtain from these men a detailed report giving the year, the harvest, and the quantity of tithe.

7. The cultivator can arrange with the renter to pay the tithe in money instead of in kind; but if they cannot come to an arrangement of this kind, the crop should be divided into equal heaps, in number proportioned to the rate of tax payable for such crop, ie., into 2, 4, 10, or 14. The renter can take any heap that he likes at the threshing floor, giving a receipt for it to the cultivator.

8. If the renter authorises anyone else to appear on his behalf, he should give notice of it in writing to the police headman of the village, or if he is not in the village, to the nearest headman in the Pattu. The cultivator should then give the above-mentioned notice, and should make the payments to each person appearing on behalf of the renter, and the receipts issued by such person will be valid.

9. No renter can take proceedings in a police court regarding the reaping or threshing of any crop, if two months have elapsed since the reaping or threshing of such

But the Government share can be recovered by a civil case.

crop.

10. If any person making or inciting any resistance or obstruction to the collecting of the tax on any orop, by the persons authorised to collect the same, shall, on conviction, be liable to a fine of 100 rupees, or imprisonment for 12 months, at the discretion of the

court.

11. Any renter who shall wilfully exact or extort from the cultivator or the proprietor of any crop more than the share due to Government, shall, on conviction, be liable to a fine not exceeding 100 rupees, and in default of payment to imprisonment, with or without hard labour, at the discretion of the Court, not exceeding 12 months.

Enclosure 5 in No. 1.

NOTICE TO RENTer or Headman given six days beforehand.

It is

my

intention to the crop of

cut

reap

in the village

in Pattu

of

on

Korale, belonging to me of

187

residing in

Date

Signature of Renter or Headman.

D 4

Signature of Cultivator.