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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:
1. (1) This Act may be called the Legal Sbort title and commencement.
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 Amendment of section 4 of Act XVIII. of 1879.
of the Panjáb” the words “under section 41
of this Act” shall be substituted. Addition of a proviso to section
3. To section 13 of the same Act the 13 of same Act.
following proviso shall be added :
(a) a pardánashín woman, or
4. In section 14 of the same Act, before the words "any District
Magistrate” the words “any Judge of a Amendment of section 14 of
Court of Small Causes of a Presidency-town” saine Act.
shall be inserted. 5. In section 25 of the same Act, after the word “annexed” the
words “and of such description as the Local Amendment of section 25 of
Government may from time to time prescribe" same Act.
shall be inserted. 6. To the first clause of section 27 of the same Act the following shall
be added, namely :-"and in respect of the Amendment of section 27 of
fees of his adversary’s revenue-agent appearsame Act.
ing, pleading or acting under section 10." 7. In section 38 of the same Act, for the words "by the Chief Court Amendment of section 38 of of the Panjáb” the words “under section 41 same Act.
of this Act" shall be substituted.
8. For section 41 of the same Act the New section substituted for
be following section shall section 41 of same Act.
substituted, namely :“41. (1) A High Court not established by Royal Charter may, from
time to time, with the previous sanction of the Power for certain High Courts to enrol advocates.
Local Government, make rules as to the
qualifications and admission of proper persons 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 New section added to same Act.
shall be added, namely: “42. Act I. of 1846 (for amending the law regarding the appointment
and remuneration of pleaders in the Courts of Repeal of Acts I. of 1816 and XX. of 1853.
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.”
P518.104.22.168 n10. (1) In Article 27 of Schedule I. of the Indian Stamp Act, 1879,
after the words “ in exercise of powers conAmendment of Schedules I. &
ferred on such Court by letters patent," the II. of Act I. of 1879. (Duty on enrolment of advocates.)
words “or by the Legal Practitioners' Act,
1884," shall be inserted; and X /217-alya ? (2) In clause (a) of Article 11 of Schedule II. of the same Act, the
Prywords "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, 1881.
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 Short title.
Incumbered Estates Act, 1884; and shall come Commencement.
into force at once. 2. To the definition of zamindár in the Sindh Incumbered Estates Act,
1881, the following shall be added, namely :Definition of zamindár in Act
"and a person holding lands in Sindh which, XX. of 1881 amended.
having been comprised in the jághírlands 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 New section to follow section
following section shall be inserted, that is to 5 of same Act.
-5A. When the Commissioner has directed an inquiry under section
five, he may, if he thinks fit, further direct Interim order of protection.
that, until he dismisses the application or 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 property, 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-
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. 5. In section 9 of the same Act, after the words “ Civil Court,” in both Amendment of section 9. of places where they occur, the words “or Revenue same Act.
Court or Office" shall be inserted.
New section to follow section
6. After section 24 of the said Act the 24 of same Act.
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 twerty-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.”
7. In section 27 of the said Act, after the Amendment of section 27 of
words “ Civil Court” the words " or Revenue same Act.
Court or Office ” shall be inserted. 8. (1) When any person would not have been a zamindár within the eLV/940700
meaning of the said Act before the passing of Time for making applications under same Act.
this Act, but is a zamindár 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 zamíndári 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.
9. Every order of management made R10/940,20% Order of management under under the said Act whether before or after same Act to be deemed in accordance with law.
the passing of this Act shall be deemed to
10. Notwithstanding anything contained in the said Act, the Com
missioner may, at any time after he has, Power to revise scheme of
whether before or after the passing of this management under same Act.
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.
Iniliu Tulkáví 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:
1. (1) This Act inay be called the AgriShort title.
culturists' Loans Act, 1884; and
(2) It shall come into force on the first Commencement.
day of August, 1884.
2. (1) This section and section 3 extend Local extent.
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, tlie
Northern India Takkáví Act, 1879, and sections Repeal of Act X. of 1879, and
4 and 5 of the Bombay Revenue Jurisdiction sections 4 and 5 of Act XV. of 1880.
Act, 1880, shall, except as regards the recovery
of advances made before this Act comes into force and of the interest thereon, be repealed.
(2) All rules inade under those Acts(a) shall be deemed to be made under this Act.
Act XII. –The fees payable ou applicatious for loans under this Act are remitted (G. G. 1885, p. 95). The duties oa instruments executed for securing the repayment of loans are also remitted (Ib., p. 508.)