Section 9 in The Bengal Patni Taluks Regulation, 1819
9. Sales how conducted.
- All sales of saleable tenures applied for under the rules of this Regulation shall be made in public cutcherry, [* * * * * *] [Words 'by the Registrar or acting Registrar of Civil Court, or, in his absence, by the person in charge of the office of Judge or of Magistrate of the district within which the lands may be situated.'omitted by Act 16 of 1874.]the land shall be sold to the highest bidder, and every one, not the actual defaulter, shall be free to bid, not excepting the person in satisfaction of whose demand the sale may be made, nor the under-tenants of the defaulter; fifteen percent, of the purchase-money shall be paid immediately the lot is knocked down, and the officer conducting the sale shall be competent to refuse to accept a bid, or to knock down a lot to any bidder, unless he has assurance to his satisfaction that the amount required to be deposited is in hand for the purpose, or will be produced within two hours.If the fifteen per cent, be not paid in cash, or in [currency-notes] [Words substituted for the words 'notes of the Bank of Bengal' by Act 1 of 1903.], within two hours of the sale, or an equivalent amount in Government securities be not lodged, the lot shall be re-sold on the same day, and, if the remainder of the purchase-money be not paid by noon of the eighth day notice shall be given of re-sale on the following day, that is, on the ninth from the first sale, by proclaiming the same by beat of drum through the bazar of the sadar station of the zila, after which the lot shall be re-sold at the appointed time at the risk of the first purchaser, who shall forfeit the advance of fifteen per cent already made, [* * * * * *] [Words and brackets '(which shall be in such case regarded as part of the proceeds of the sale),'omitted by Act 25 of 1850.] and be further answerable for any sum in which the proceeds of the second sale may fall short of the antecedent one; such deficiency to be levied by the process for the execution of decrees of the Civil Courts.
