網頁圖片
PDF
ePub 版

(2) For the purpose of effecting such sales, the Master of the Mint at Calcutta shall, on a request in writing from the Head Commissioner, at all times sign and endorse the securities, and the Head Commissioner, if so directed by the Governor General in Council, may purchase securities of the Government of India to replace such sales. 24. (1) The interest accraing due on the securities purchased and

held under this Act shall be entered in a Accounts of interest on securities.

separate account to be annually rendered by the Head Commissioner to the Governor General in Council.

(2) The amount of the interest shall, from time to time, as it becomes due, be paid to the credit of the Government of India, under the head of “Profits of Notes Circulation."

(3) An account showing the amount of the profits and of the charges and expenses incidental thereto, shall be made up and published annually in the Gazette of India.

VI.Private Bills payable to Bearer on Demand. 25. No body corporate or person in British India shall draw, accept,

make or issue any bill of exchange, hundi, Prohibition of issue of private promissory note or engagement for the paybills or notes payable to bearer on demaud.

ment of money payable to bearer on demand,

or borrow, owe or take up any sum or sums of money on the bills, hundís or notes payable to bearer on demand, of any such body corporate or of any such person:

Provided that cheques or drafts payable to bearer on demand or otherwise, may be drawn on bankers, shroff's or agents, by their customers or constituents, in respect of deposits of money in the hands of those bankers, shroffs or agents and held by them at the credit and disposal of the persons drawing such cheques or drafts. 26. (1) Any body corporate or person committing any offence under

section twenty-five shall, on conviction before Penalty for issuing such bills or

a Presidency Magistrate, or a Magistrate of

the first class, be punished with a fine equal to the amount of the bill, hundi, note or engagement in respect whereof the offence is committed. (2) Every prosecution under this section shall be instituted by the

Head Commissioner, Commissioner or Deputy Prosecutions.

Commissioner, as the case may be, of Paper Currency for the Circle of Issue in which the bill, hundí, note or engagement is drawn, accepted, made or issued.

VII.-Miscellaneous.

27. An abstract of the accounts of the Monthly abstracts of accounts.

Department of Paper Currency, showing

potes.

(a) the whole amount of currency notes in circulation,
(1) the amount of coin and bullion reserved, distinguishing gold from

silver, and
(c) the nominal value of, and the price paid for, the Government secu-

rities held by the said Department,
shall be made up monthly by the Head Commissioner, and published,
as soon as may be, in the Gazette of India.

28. (1) The Governor General in Council
Supplementary powers of the
Government of India.

may, from time to time, by notification in the

Gazette of India,-
(a) fix the amounts (not being less than five rupees) for which currency

notes shall be issued:
(6) alter the limits of any of the Circles of Issue :
(c) declare the places at ivhich currency notes shall be issued':

'See Gq I. 1894 P€ 1/4 (d) fix the rates, rules and conditions at and according to which gold

may be taken in exchange for currency notes :
(e) fix the charge for melting and assaying bullion and foreign coin
received for such notes:

2 sue 69 9.1893 PTA 503 11 9 38.258 (f) "fix the interval on the expiration of which holders of certificates

under section fifteen shall be entitled to reeeive such notes:
(g) regulate any matters relative to paper currency which are not pro-
vided for by this Act: and

4 So699.1566.

prolo

18714.97.34. (h) revoke or alter any notification previously published under this Act.v7.11.298.

(2) Every notification under this section shall come into force on the, day therein in that behalf mentioned, and shall have effect as if it were

enacted in this Act :
s2sch (3) Provided that no notification under clause d) of this seetion shall

have effect until six months have etapsed from the date of its appearance in
the Gazette of India.

1078269.

($81.22

Act No. XXI. of 1882. (Madras.)

Act No. XXII. of 1882.

RECEIVED THE ASSENT OF THE Governor GENERAL ON THE 22ND DECEMBER,

1882.

An Act to amend the Dekkhan Agriculturists' Relief Act, 1879.
Whereas it is expedient to amend in manner hereinafter appearing the

Dekkhan Agriculturists' Relief Act, 1879; It
Preamble.

is hereby enacted as follows:
Act XXII.--The Act of 1879 is further amended by Act XXIII. of 1886.

[ocr errors]

1. (1) This Act may be called the Dekkhan Agricultnrists' Relief

Act, 1882 ; and it and the Dekkhan AgriculShort title.

turists' Relief Act, 1879, and the Dekkhan Agriculturists' Relief Act, 1881, may be cited collectively as the Dekkhan Agriculturists' Relief Acts, 1879 to 1882.

(2) This Act shall come into force on Commencement.

the first day of February, 1883. 2. In this Act, unless there is something repugnant in the subject or context, “section”

means a section, and Definition of “section” and

“chapter" a chapter, of the Dekkhan Agrichapter.”

culturists' Relief Act, 1879, as amended by the Dekkhan Agriculturists' Relief Act, 1881.

3. For section two the following shall New section substituted for section 2.

be substituted :1.211) tch I PCI “ 2. In construing this Act, unless there is something repugnant in

the subject or context, the following rules Construction.

shall be observed, namely: “ ]st.-Agriculturist'shall be taken to mean a person who' by

himself, his servants or tenants earns his livelihood wholly or principally by agriculture carried on within the limits of the said districts, or who ordinarily engages personally in agricul

tural labour within those limits. Eeplanations.—(a) An agriculturist who, without any intention

of changing his status as such, temporarily ceases to earn his livelihood or to engage personally in agricultural labour as aforesaid does not thereby cease to be an agriculturist within

this definition. (1) An assignee of Government assessment or a mortgagee is not

as such an agriculturist within this definition. 2nd.-In Chapters II., III., IV. and VI., and in section sixty-nine,

the term “agriculturist,' when used with reference to any suit or proceeding, shall be deemed to include also a person who, when any liability incurred by him and forming the subject or part of the subject of that suit or proceeding was so incurred,

was an agriculturist as defined in the first rule. "3rd.—An agriculturist shall be deemed to reside where he earns

his livelihood or personally engages in agricultural labour as

aforesaid.
4th.—Money'shall be deemed to include agricultural produce,

implements and stock."
4. After section two the following section shall be inserted :-

“2A. Every jágírdár and other authority invested with powers under

Bombay Regulation XIII. of 1830 and Act Jágírdárs, &c., to be deemed Subordinate Judges.

XV. of 1840 shall, for the purposes of this Act,

be deemed to be a Subordinate Judge of such class as the Local Government may from time to time direct."

5. Amendment of section 3.

In section three, clause (a), after the (Chapter II. to apply to certain word “account,” the words “whatever be suits, of whatever value.)

the amount or value of the subject-matter thereof” shall be inserted.

6. After section fifteen, the following New sections to follow section 15.

sections shall be inserted, namely: 15A. In a suit of the description mentioned in section three, clause

(2), the Court shall not refuse to pass a deMortgagor entitled to decree for redemption though time

cree for redemption merely on the ground fixed by mortgage has not ar that the time fixed for the payment of the rived or debt has not been paid.

principal of the mortgage-money has not arrived, or on the ground that the mortgage-debt has not been completely discharged, or on both. “15B. (1) The Court may in its discretion, in passing a decree for

redemption, foreclosure or sale in any suit of Power to order payment hy the descriptions mentioned in section three, instalments in case of decree for redemption, foreclosure or sale.

clause (y) or clause (z), or in the course of

any proceedings under a decree för redemption, foreclosure or sale passed in any such suit, whether before or after this Act comes into force, direct that any amount payable by the mortgagor under that decree shall be payable in such instalments, on such dates and on such terms as to the payment of interest, and, where the mortgagee is in possession, as to the appropriation of the profits and accounting therefor, as it thinks fit.

“ (2) If a sum payable under any such direction is not paid when due, the Court shall, except for reasons to be recorded by it in writing, instead of making an order for the sale of the entire property mortgaged or for foreclosure, order the sale of such portion only of the property as it may think necessary for the realization of that sum.

S. 15A.- An agreement providing for principal and interest not being paid off for 20 years can be discharged. P. J., 1886, p. 141.

Under this section a Court can award possession to the mortgagor before the mortgage debt has been paid. P. J., 1888, p. 287.

8. 15B.-A Judge has no jurisdiction, on the application of the mortgagor, to modify a consent decree in a redemption-suit, after such decree has been recorded. P. J., 1885, p. 248.

S. 15B allows the Court to order payment by instalments either in its decree or in the course of the execution, but it does not authorise a variation of an order once so made. I. L. R., XII. Bom., 326.

“15C. (1) The Court may, if it thinks fit, in any suit for the possession

of mortgaged property under section three, Power to order payment by

clause (y), instead of passing a decree for instalments in suits for possession of mortgaged property.

possession of that property, pass a decree

directing that the amount payable by the mortgagor shall be payable in such instalments, on such dates and on such terms as to the payment of interest, and as to the appropriation of the profits and accounting therefor, as it thinks fit.

'(2) If a sum payable under any such direction is not paid when due, the Court may, if it thinks fit, instead of making any other order which it is empowered to make for the realization of that sum, make an order directing that the mortgagee be put in possession of the whole or any portion of the property mortgaged. “15D. (1) Any agriculturist whose property is mortgaged may sue

for an account of the amount of principal and Mortgagor may sue for ac

interest remaining unpaid on the mortgage count.

and for a decree declaring that amount. “ (2) When

When any such suit is brought, the amount (if any) remaining unpaid shall be determined under the same rules as would be applicable under this Act if the mortgagee had sued for the recovery of the debt.

(3) At any time before the decree in the suit is signed, the plaintiff may apply to the Court to pass a decree for the redemption of the mortgage, or the mortgagee, if he would then have been entitled to sue for foreclosure or sale, may apply to the Court to pass a decree for foreclosure or sale (as the case may be), instead of a decree merely declaring the amount remaining unpaid; and the Court may, if it thinks fit, grant the application.

“ (4) The provisions of section 15B shall apply to any decree passed under sub-section (3).”

7. In section nineteen, after the word 'R xvidg5.2.24 .1.44 Amendment of section 19.

“Court” in both places in which it occurs, (Court to act of its own motion.) *achi ptz

the words “on application or of its own motion” shall be inserted,

8. To section twenty-one, the words Amendment of section 21. (Re

“passed whether before or after this Act trospective operation of section.)

comes into force” shall be added.

9. (1) In section twenty-two, after the Amendment of section 22. (Retrospective operation of sec words “decree or order,” the words “passed tion. Court to act of its own

whether before or after this Act comes into motion.)

force” shall be inserted. (2) In the same section, after the word “Court” the words “on s'application or of its own motion” shall be inserted.

(3) In the same section, for the words "at any subsequent time" the words “in the course of any proceedings under a decree against an agricul

« 上一頁繼續 »