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12. (1) When a Government security is alleged to have been wholly
or partly lost or destroyed, and a person Issue of duplicate securities.
claims to be the person to whom but for the loss or destruction it would be payable, he may, on application to the prescribed officer, and on producing proof to liis satisfaction of the loss or destruction and of the justice of the claim, obtain from him an order for
(a) the payment of interest in respect of the security said to be lost
or destroyed pending the issue of a duplicate security; and () the issue of a duplicate payable to the applicant. (2) An order shall not be passed under sub-section (1) until after the issue of the prescribed notification of the loss or destruction and after the expiration of the prescribed period, or until the applicant has given the prescribed indemnity against the claims of all persons deriving title under the security lost or destroyed.
(3) A list of the securities in respect of which an order is passed under sub-section (1) shall be published in the Gazette of India at such times as the Governor General in Council may, from time to time, direct.
13. When a renewed security has been issued under section 1], or a
duplicate security has been issued under sec*Period after which the Govern
tion 12, the Government shall be discharged ment is released from liability in respect of original security.
from all liability in respect of the original
security of which the renewed or duplicate security has been issued
(a) in the case of a renewed security, after the lapse of six years
from the date of the issue of the renewed security; (6) in the case of a duplicate security, after the lapse of six years
from the date of the publication under section 12, sub-section (3), of the list in which the security is first mentioned, or from the date of the last payment of interest on the original security, whichever date is the later.
14. The Governor General in Council Power of Governor General in Council to make rules.
may, from time
to time, make rules to prescribe(a) the mode in which payment of interest in respect of Govern
ment securities is to be recorded and acknowledged; (b) the circunstances in which Government securities must be
renewed before further payment of interest thereon can be
claimed ; (c) the fees to be paid in respect of applications under sections
l] and 12;
S. 14.- See G. G. 1888. p. 27.
(a) the form in which securities delivered for renewal are to be
receipted; (e) the officer who is to exercise all or any of the powers and
perform all or any of the duties prescribed by sections 11
and 12; (f) the proof which is to be produced by persons applying for
duplicate securities; (g) the form and mode of publication of the notification mentioned
in section 12, and the period after which interest may be paid or a duplicate security may be issued under that
section; ih) the nature and amount of the indemnity to be given by a
person applying under section 12 for the payment of interest
or the issue of a duplicate security; and, (i) generally, all matters connected with the grant of renewed
and duplicate securities.
15. (1) The Governor General in Council shall, before making rules
under section 14, publish a draft of the proPublication of drafts and rules.
posed. rules in such manner as may, .in his opinion, be sufficient for the information of the public.
(2) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.
(3) The Governor General in Council shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.
(4) Every rule made under section 14 shall be published in the Gazette of India, and the publication in that Gazette of a rule purporting to be made under that section shall be conclusive proof that it has been duly made.
Acts Nos. XIV. and XV. of 1886. (N. W. Provinces.)
Act No. XVI. of 1886. (Burma.)
Act No. XVII. of 1886. (N. W. Provinces.)
Act No. XVIII. of 1886.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
24TH SEPTEMBER, 1886.
An Act to amend Act XXXVI. of 1858. WHEREAS it is expedient to amend Act XXXVI. of 1858 (an Act relating to Lunatic Asylums); It is hereby enacted as follows: New section inserted after sec
1. After section 6 the following shall be tion 6.
inserted, namely : “6 A. (1) Where a person found wandering at large who is deemed to
be a lunatic, or where a person believed to be Detention of supposed lunatics
dangerous by reason of lunacy, is apprehended under observation.
and sent to the Magistrate or the Commissioner of Police, or where, on report or information that a person deemed to be a lunatic is not under proper care and control or is cruelly treated or neglected, the Magistrate or the Commissioner of Police sends for him and then determines to proceed as prescribed in section 4 of this Act, the Magistrate or the Commissioner of Police, on the request of the medical officer, may, by order in writing, authorize the detention of the supposed lunatic for such time, not exceeding ten days, as, in the opinion of the Magistrate or the Commissioner of Police, may be necessary to enable the medical officer to form an opinion on the question whether or not the supposed lanatic is a person
with respect to whom a certificate in the form A in the schedule to this Act ought to be signed.
“(2) If the medical officer certifies further detention than has been authorized under sub-section (1) to be necessary to enable him to form his opinion on that question, the Magistrate or the Commissioner of Police may, from time to time, by order in writing, authorize such further detention as he deems to be necessary :
“Provided that a supposed lunatic shall not be detained for the purpose of this section for a longer time than fourteen days from the date on which the first order authorizing his detention for that purpose is made.
(3) The Executive Government may from time to time make rules as to the place of detention, and the care and treatment, of supposed lunatics detained under this section."
2. To section 9 the words “ Subject to the provisions of any enact
ment for the time being in force," shall be Amendment of section 9.
New sections to follow sec. tion 17.
3. After section 17 the following shall be inserted, namely :
“174. When an Executive frovernment has not established within 'R XT/9/2017
its limits a public asylum for the reception and Provision for provinces not
detention of lunatics under this Act, the Govhaving asylums.
ernor General in Council may from time to time appoint an asylum established in British India beyond those limits to be an asylum to which a Magistrate or Judge exercising jurisdiction within those limits may send lunatics as to an asylum established under this Act for the division in which his juristietion is situate. “17 B. The Governor General in Council may from time to time, by
order, direct, with respect to any part of Use of provincial asylums as British India which is not annexed to a presipresidency asylums for purposes of the Act.
dency or, being annexed to the presidency of
Fort William, Fort St. George or Bombay, is situated at a greater distance than three hundred miles from Calcutta, Madras or Bombay, respectively, that any lunatic asylum in British India named in the order shall be deemed for that part to be a lunatic asylum at the presidency for the purposes of this Act."
Act No. XIX. of 1886. (N. W. Provinces.)
Act No. XX. of 1886. (Burma.)
Acts No. XXI. and XXII. of 1886. (Oudh.)
Act No. XXIII. of 1886.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
22ND OCTOBER, 1886. An Act to amend the Dekkhan Agriculturists' Relief Acts, 1879 to 1882.
Whereas it is expedient to amend in manner hereinafter appearing the Dekkhan Agriculturists' Relief Acts, 1879 to 1882; It is hereby enacted as follows: 1. (1) This Act may be called the Dekkhan Agriculturists' Relief Act,
1886; and it and the Dekkhan Agriculturist's Short title and commencement,
Relief Acts, 1879 to 1882, may be cited collectively as the Dekkhan Agriculturists' Relief Acts, 1879 to 1886. (2) This Act shall come into force on the first day of January, 1887.
2. In this Act, unless there is something Definition
repugnant in the subject or context, section means a section, and “chapter" a chapter, of the Dekkhan Agriculturists' Relief Act, 1879, as amended by the Dekkhan Agriculturists' Relief Act, 1881, and the Dekkhan Agriculturists' Relief Act, 1882.
3. To section 1 the following shall Addition to section 1.
be added after the word “Ahmadnagar,"
namely : 66 but may, from time to time, be extended wholly or in part by the Local Government, with the previous sanction of the Governor General in Council, to any other district or districts in the Presidency of Bombay.”
4. To section 2 the following shall be Addition to section 2.
added, namely:-schi PSI
~ 5th.-- Lease' shall be deemed to include a counterpart, kabu
liyat, an undertaking to cultivate or occupy and an agree
ment to lease. “6th.–Standing crops' shall be deemed to include garden
produce attached to trees or to the soil.” 5. In section 3, clause (y), the word “and” shall be substituted
for the word “or” where the latter word Amendment of section 3.
occurs between the word "foreclosure” and the word "sale." 6. In section 12, for the words “ the Court shall, if the amount of the
creditor's claim is disputed, enquire,” the Amendment of section 12.
following shall be substituted, namely " the Court, if the amount of the creditor's claim is disputed, shall examine both the plaintiff and the defendant as witnesses, unless, for reasons to be recorded by it in writing, it deems it unnecessary so to do, and shall enquire." 7. In section 22, for the words “No agriculturist's immoveable
property shall be attached or sold,” the Amendment of section 22.
following shall be substituted, namely:“Immoveable property belonging to an agriculturist, other than his standing crops, shall not be attached or sold.”
8. To section 40 the following shall be Addition to section 40.
added, namely :" A Conciliator empowered by the Local Government in this behalf may, instead of inviting, direct the person against whom the application is made to attend at the time and place either first or subsequently fixed.