Act No. VIII. of 1884. (N. W. Provinces.)

Act No. IX. of 1884.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
16TH MAY, 1884.

An Act to amend the Legal Practitioners' Act, 1879, and the Indian
Stamp Act, 1879.

WHEREAS it is expedient to amend the Legal Practitioners' Act, 1879, in manner in this Act appearing;

and whereas it is also expedient to amend the Indian Stamp Act, 1879, in so far as it relates to the duty chargeable on the enrolment of legal practitioners;

It is hereby enacted as follows:

Short title and commencement.

1. (1) This Act may be called the Legal Practitioners' Act, 1884; and

(2) It shall come into force at once.

2. In section 4 of the Legal Practitioners' Act, 1879, for the words "as an advocate on the roll of the Chief Court of the Panjáb❞ the words "under section 41 of this Act" shall be substituted.

Amendment of section 4 of
Act XVIII. of 1879.

Addition of a proviso to section 13 of same Act.

3. To section 13 of the same Act the following proviso shall be added :

"Provided that where the party is

(a) a pardánashín woman, or

(b) unable for any sufficient cause to instruct the pleader in

person,

nothing in this section shall make a pleader liable to suspension or dismissal merely by reason that he has taken instructions from a relative or friend authorised by the party to give such instructions and not receiving any remuneration in respect thereof."

4. In section 14 of the same Act, before the words "any District Magistrate" the words "any Judge of a Court of Small Causes of a Presidency-town" shall be inserted.

Amendment of section 14 of same Act.

5. In section 25 of the same Act, after the word "annexed" the words "and of such description as the Local Government may from time to time prescribe" shall be inserted.

Amendment of section 25 of

same Act.

Amendment of section 27 of same Act.

6. To the first clause of section 27 of the same Act the following shall be added, namely :-"and in respect of the fees of his adversary's revenue-agent appearing, pleading or acting under section 10." same Act, for the words "by the Chief Court of the Panjab" the words "under section 41 of this Act" shall be substituted.

7. In section 38 of the Amendment of section 38 of same Act.

New section substituted for

section 41 of same Act.

8. For section 41 of the same Act the shall be substituted, following section namely:

--

"41. (1) A High Court not established by Royal Charter may, from time to time, with the previous sanction of the Local Government, make rules as to the qualifications and admission of proper persons

Power for certain High Courts

to enrol advocates.

to be advocates of the Court, and, subject to such rules, may enrol such and so many advocates as it thinks fit.

"(2) Every advocate so enrolled shall be entitled to appear for the suitors of the Court, and to plead or to act, or to plead and act, for those suitors, according as the Court may by its rules determine, and subject to those rules.

"(3) The High Court may dismiss any advocate so enrolled or suspend him from practice.

"(4) Provided that an advocate shall not be dismissed or suspended under this section unless he has been allowed an opportunity of defending himself before the High Court which enrolled him, and, except in the case of the Chief Court of the Panjáb, unless the order of the High Court dismissing or suspending him has been confirmed by the Local Government." 9. To the same Act the following section shall be added, namely:

New section added to same Act.

"42. Act I. of 1846

Repeal of Acts I. of 1816 and XX. of 1853.

(for amending the law regarding the appointment and remuneration of pleaders in the Courts of the East India Company) and Act XX. of 1853 (to amend the law relating to pleaders in the

Courts of the East India Company) are repealed."

49.9.79.10. (1) In Article 27 of Schedule I. of the Indian Stamp Act, 1879,

Amendment of Schedules I. & II. of Act I. of 1879. (Duty on enrolment of advocates.)

after the words "in exercise of powers conferred on such Court by letters patent," the words "or by the Legal Practitioners' Act, 1884," shall be inserted; and

2. Xπ1/91 1.24/1 3α I (2) In clause (a) of Article 11 of Schedule II. of the same Act, the pr words "established by Royal Charter" shall be repealed.

Act No. X. of 1884. (Burma.)

Act No. XI. of 1884.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 19TH JUNE, 1884.
An Act to amend the Sindh Incumbered Estates Act, 1881.

WHEREAS it is expedient to amend the Sindh Incumbered Estates Act,
1881, in manner hereinafter appearing; It is hereby enacted as follows:-
1. This Act may be called the Sindh
Incumbered Estates Act, 1884; and shall come
into force at once.

Short title.
Commencement.

:

2. To the definition of zamíndár in the Sindh Incumbered Estates Act,
1881, the following shall be added, namely:-
"and a person holding lands in Sindh which,
having been comprised in the jághír lands

Definition of zamíndár in Act
XX. of 1881 amended.

of a jághírdár, and having ceased to be jághír lands, are assessed by the
Government on account of land-revenue at a sum not less than three
hundred rupees per year, and, where a joint family or any other body of
co-owners holds lands of either of those descriptions, each member of that
family or body who would be entitled to demand a partition of the lands.”
3. After section 5 of the said Act the
following section shall be inserted, that is to
say:-

New section to follow section 5 of same Act.

"5A.

When the Commissioner has directed an inquiry under section five, he may, if he thinks fit, further direct that, until he dismisses the application or

Interim order of protection.

appoints an officer under section seven,-
"(a) all proceedings then pending in any Civil Court or Revenue
Court or Office in British India in respect of any of the debts
and liabilities to which the debtor is subject, or which are
charged on the whole or any part of his immoveable pro-
perty, shall be stayed, and the operation of all processes,
executions and attachments then in force for or in respect of
such debts and liabilities shall be suspended; and

"(b) no fresh proceedings, processes, executions or attachments
shall be instituted in or issued by any Civil Court or Reve-
nue Court or Office in British India in respect of such debts
and liabilities."

4. In section 8, after the words "all immoveable property" the words Amendment of section 8 of "including any interest in joint immoveable property" shall be inserted.

same Act.

5. In section 9 of the Amendment of section 9 of

same Act.

New section to follow section 24 of same Act.

same Act, after the words "Civil Court," in both
places where they occur, the words "or Revenue
Court or Office" shall be inserted.

6. After section 24 of the said Act the
following shall be inserted :-

24A. When jághír land under management is held on this condition, that on the happening of a certain event a share Separation of part of jághír of the land shall lapse, but that it shall be in lands subject to lapse. the discretion of the person then entitled as jághírdár to divide off and relinquish in respect of the lapse such part of the land, being a fair equivalent of that share, as he thinks fit, the manager may, if he deems it convenient for the better exercise of the powers conferred by sections twenty-three and twenty-four, at any time, after such consultation with persons interested as he thinks necessary, allot by written order, for relinquishment on the happening of the event, such part of the land as he thinks fit; and thereupon that part and no other shall, on the happening of the event, be relinquished."

R

8. (1) When any person would not have been a zamindar within the V9402(1)

Time for making applications under same Act.

meaning of the said Act before the passing of this Act, but is a zamíndár within the meaning of the said Act as amended by this Act, an application in respect of his estate under section 4 of the said Act may be made at any time within six months from the passing of this Act.

(2) A member of a joint family or other body of co-owners holding zamíndárí land shall, for the purposes of this section, be deemed to be a person who would not have been a zamíndár within the meaning of the said Act before the passing of this Act.

Order of management under same Act to be deemed in accordance with law.

2

9. Every order of management made/940.20

under the said Act whether before or after
the passing of this Act shall be deemed to
have been made in accordance with law.

Power to revise scheme of management under same Act.

10. Notwithstanding anything contained in the said Act, the Commissioner may, at any time after he has, whether before or after the passing of this Act, sanctioned a liquidation-scheme under the said Act, revise and modify the same, but not so as to affect the right of any person to receive in full before the termination of the management the amount finally awarded to him under Chapter IV. of the said Act.

Act No. XII. of 1884.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 24TH
JULY, 1884.

An Act to amend and provide for the extension of the Northern
India Takkáví Act, 1879.

WHEREAS it is expedient to amend the Northern India Takkáví Act, 1879, and provide for its extension to any part of British India; It is hereby enacted as follows:

Short title.

Commencement.

Local extent.

1. (1) This Act may be called the Agriculturists' Loans Act, 1884; and

(2) It shall come into force on the first day of August, 1884.

2. (1) This section and section 3 extend to the whole of British India.

(2) The rest of this Act extends in the first instance only to the territories respectively administered by the Governor of Bombay in Council, the Lieutenant-Governors of the North-Western Provinces and the Panjáb, and the Chief Commissioners of Oudh, the Central Provinces, Assam and Ajmer.

(3) But any other Local Government may, from time to time, by notification in the official Gazette, extend the rest of this Act to the whole or any part of the territories under its administration.

3. (1) On and from the day on which this Act comes into force, the Northern India Takkáví Act, 1879, and sections 4 and 5 of the Bombay Revenue Jurisdiction Act, 1880, shall, except as regards the recovery of advances made before this Act comes

Repeal of Act X. of 1879, and sections 4 and 5 of Act XV. of 1880.

into force and of the interest thereon, be repealed.

(2) All rules made under those Acts (a) shall be deemed to be made. under this Act.

Act XII. The fees payable on applications for loans under this Act are remitted (G. G. 1885, p. 95). The duties on instruments executed for securing the repayment of loans are also remitted (Ib, p. 508.)