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(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 separate account to be annually rendered by

Accounts of interest on securities.

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.

Prohibition of issue of private

bills or notes payable to bearer on demand.

25. No body corporate or person in British India shall draw, accept, make or issue any bill of exchange, hundí, promissory note or engagement for the payment 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, shroffs 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.

Penalty for issuing such bills or

notes.

26. (1) Any body corporate or person committing any offence under section twenty-five shall, on conviction before a Presidency Magistrate, or a Magistrate of the first class, be punished with a fine equal to the amount of the bill, hundí, note or engagement in respect whereof the offence is committed.

Prosecutions.

(2) Every prosecution under this section shall be instituted by the Head Commissioner, Commissioner or Deputy 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.

Monthly abstracts of accounts.

27. An abstract of the accounts of the Department of Paper Currency, showing

(a) the whole amount of currency notes in circulation,

(b) 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 Commissionêr, and published,
as soon as may be, in the Gazette of India.

Supplementary powers of the

Government of India.

28. (1) The Governor General in Council 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:

(b) alter the limits of any of the Circles of Issue:

(c) declare the places at which currency notes shall be issued':

See Gq J. 1894 PE 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:

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7,7 38.2 så (ƒ) fix the interval on the expiration of which holders of certificates

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

4 Se 499.1866. 01010 1871P.I.34. 1878 269.

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(h) revoke or alter any notification previously published under this Act..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:

5.25ch (3) Provided that no notification under clause (1) of this section shall have effect until six months have elapsed from the date of its appearance in the Gazette of India.

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
is hereby enacted as follows:-

Preamble.

Act XXII.-The Act of 1879 is further amended by Act XXIII. of 1886.

1. (1) This Act may be called the Dekkhan Agriculturists' Relief Act, 1882; and it and the Dekkhan Agriculturists' Relief Act, 1879, and the Dekkhan

Short title.

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

Commencement.

(2) This Act shall come into force on 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 "chapter" a chapter, of the Dekkhan Agriculturists' Relief Act, 1879, as amended by

Definition of "section" and 'chapter."

the Dekkhan Agriculturists' Relief Act, 1881.

New section substituted for section 2.

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3. For section two the following shall be substituted :

"2. In construing this Act, unless there is something repugnant in
the subject or context, the following rules.
shall be observed, namely:-

Construction.
"1st. 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.

"Explanations.-(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.

(b) 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.

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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 XV. of 1840 shall, for the purposes of this Act, be deemed to be a Subordinate Judge of such

Jágírdárs, &c., to be deemed Subordinate Judges.

class as the Local Government may from time to time direct."

Amendment of section 3. (Chapter II. to apply to certain suits, of whatever value.) thereof" shall be inserted.

New sections to follow section 15.

"15A. In a suit of the

5. In section three, clause (a), after the word "account," the words "whatever be the amount or value of the subject-matter

6. After section fifteen, the following sections shall be inserted, namely:description mentioned in section three, clause (z), the Court shall not refuse to pass a decree for redemption merely on the ground that the time fixed for the payment of the principal of the mortgage-money has not ar rived, or on the ground that the mortgage-debt has not been completely discharged, or on both.

Mortgagor entitled to decree for redemption though time fixed by mortgage has not arrived or debt has not been paid.

"15B. (1) The Court may in its discretion, in passing a decree for

Power to order payment by instalments in case of decree for redemption, foreclosure or sale.

redemption, foreclosure or sale in any suit of the descriptions mentioned in section three, clause (y) or clause (z), or in the course of any proceedings under a decree for 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.

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(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, clause (y), instead of passing a decree for possession of that property, pass a decree directing that the amount payable by the

Power to order payment by instalments in suits for possession of mortgaged property.

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 interest remaining unpaid on the mortgage and for a decree declaring that amount.

Mortgagor may sue for ac

count.

(2) 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)."

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motion" shall be inserted.

Amendment of section 21. (Retrospective operation of section.)

Amendment of section 22. (Retrospective operation of section. Court to act of its own motion.)

'7. In section nineteen, after the word "Court" in both places in which it occurs, the words "on application or of its own

8. To section twenty-one, the words "passed whether before or after this Act comes into force" shall be added.

9. (1) In section twenty-two, after the words "decree or order," the words "passed whether before or after this Act comes into force" shall be inserted.

(2) In the same section, after the word "Court" the words "on 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

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