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10. (1) The last twenty-two words of the second paragraph of X1/919217
"If an applicant, or a person against whom an application is made, fails to be present or attend at the time and place specified in a direction proceeding from a Conciliator under this section, he shall be deemed to have committed an offence under section 174 of the Indian Penal Code." Addition to proviso to
9. To the proviso to section 56 the tion 56.
following shall be added, namely :“or to any instrument required by section 17 of the Indian Registration Act, 1877, to be registered under that Act.”
Ameniment of, and addition
section 58, from “and a certified copy” to to, section 58.
“more than one,” are repealed. (2)* In the third paragraph of the same section, the words “and each 2 do streh copp'l tro popealeht
(3) After the same section, the following shall be added, namely:
“A certified copy of any entry in the register shall be granted by the Village-Registrar, free of charge, on the application of any party to the instrument to which the entry relates, or of his agent or representative, and the copy shall be admissible as evidence of the contents of the instrument.”
New chapter and section to fol 11. After Chapter VIII, and section 63 low Chapter VIII. and section 63. the following shall be inserted, namely :
“ CHAPTER VIIIA. REGISTRATION OF INSTRUMENTS REFERRED TO IN SECTION 17 OF THE
INDIAN REGISTRATION Act, 1877. “63A. (1) When an agriculturist intends to execute any instrument Mode of execution by Agricul
required by section 17 of the Indian Registraturists of instruments required
tion Act, 1877, to be registered under that Act, to be registered under Act III.
he shall appear before the Sub-Registrar within of 1877.
whose sub-district the whole or some portion of the property to which the instrument is to relate is situate, and the SubRegistrar shall write the instrument, or cause it to be written, and require it to be executed, and attest it, and, if the executant is unable to read the instrument, cause it to be further attested, and otherwise act in accordance with the procedure prescribed for a Village-Registrar by sections 57 and 59 of this Act, and shall then register the instrument in accordance with the provisions of the Indian Registration Act, 1877.
" (2) An instrument to which sub-section (1) applies shall not be effectual for any purpose referred to in section 49 of the Act last-mentioned unless it has been written, executed and attested in the manner provided in that sub-section.'
S. 63 A.-See G. G. 1887, p. 141.
12. (1) In section 72, for the words "under this Act," where they
first occur, the words “of the description Amendment of section 72.
mentioned in section 3, clause (w),” shall be
substituted. (2) In the same section, the words “not being merely a surety for the principal debtor" are repealed.
(3) For the proviso to the same section the following shall be substituted, namely: “ Provided that pothing in this section shall“(i) apply to a suit for the recovery of money from a person who
is a surety merely of the principal debtor if the principal debtor was not, at the time when the cause of action arose,
an agriculturist, or "(ii) revive the right to bring any suit which would have been
barred by limitation if it had been instituted immediately
before this Act comes into force." *13. Notwithstanding anything in the last foregoing section of this Act,
the period of limitation for any suit which may Limitation of certain suits.
be instituted within two years from the coming into force of this Act, and to which, if this Act had not been passed, section 72 of the Dekkhan Agriculturists' Relief Act, 1879, as amended by the Dekkhan Agriculturists' Relief Act, 1881, would have applied, shall be the period prescribed by that section.
Act No. XXIV. of 1886. Ich IPTC RECEIVED THE ASSENT CF The Governor-General ON THE 22nd October, 1886. An Act to extend the Glanders and Farcy Act, 1879, to the
Bombay Presidency. Whereas it is expedient that the Glanders and Farcy Act, 1879, should extend to the territories administered by the Governor of Bombay in Council; It is hereby enacted as follows:
1. The words “the Governor of Bombay in Council ” in section 1 of the Glanders and Farcy Act, 1879, are hereby repealed.
Bo. Acts Nos. I. and II. of 1886. (Repealed by
Bo. Act III. of 1888.)
Bombay Act No. III. of 1886. ác sou 196.
PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 25TH SEPTEMBER, 1886. An Act to amend the Bombay General Clauses Act, 1866, and to shorten the language of the enactments of the Governor of
Bombay in Council. Whereas it is expedient to amend the Bombay General Clauses Act, 1866, and to make other provisions for shortening the language of the enactments of the Governor of Bombay in Council, and for explaining their meaning; It is enacted as follows:
1. This Act may be cited as “The Bombay Short Title
General Clauses Act, 1886." 2. The Aets of the Governor of - Bompay in Council- mentionedtimexvilgs. 7.24)
Schedule A are le pealed to the extent specified ischiers Enactments repealed.
in the thirt cotatiit of the said schedule The words quoted in the fourth column of Schedule B from the enactments made by the Governor of Bombay in Council respectively mentioned in the previous columns of the said schedule are repealed, and, where such intention is expressed in the said schedule, the words contained in the fifth column thereof shall be deemed to be substituted respectively for the words so repealed. 3. In this Act and in all Regulations and Act: made by the Governor
of Bombay in Council, unless there be someGeneral definitions.
thing repugnant in the subject or context :-
(1) words importing the masGender.
culine gender include females ;
(2) words in the singular in.
clude the plural, and vice versâ ;
individuals whether incorporated or not;
vested in Her Majesty by the Statute 21
and 22 Victoria, Chapter 106 (an Act for the better Government of India), other than the settlement of Prince of xui 95 d.2lja Wales' Island, Singapore and Malacca; (6) "presidency of Bombay” means the territories within British
India for the time being under the admi-
nistration of the Governor of Bombay in
(7) "city of Bombay” means the area within the local limits for the
time being of the ordinary original civil City of Bombay."
jurisdiction of the Bombay High Court of Judicature;
(8) "Her Majesty”includes Her "Her Majesty."
heirs and successors to the Crown ;
the Governor General of
India in Council, or, during the absence of “ Government of India.”
the Governor General of India from bis Council, the President in Council, or the Governor General of India alone, in respect of the powers which may be lawfully exercised by them or him respectively;
'or "the treal Government (10) "Government"
Governor of Bombay in Council ; (11) « Commissioner" means in Sind, the Commissioner in
Sind, and elsewhere the Commissioner of a “ Commissioner.”
division appointed under the Bombay Land Revenue Code, 1879, or any other law for the time being in force in this behalf; (12) “Collector” means, in the city of Bombay, the Collector
of Bombay, and elsewhere, the chief local " Collector."
officer in charge of the revenue administra
tion of a district; (13) Magistrate means any person exercising magisterial
Code of Criminal
powers under the Code of · Magistrate.”
Procedure; (14) "imprisonment' means imprisonment of either descrip.
tion as defined in the Indian Penal “Imprisonment." (15) “to abet” means to abet within the meaning of that
term defined in the Indian Penal " To abet."
Code. (16) "immoveable property” includes land, benefits to arise out
of land, and things attached to the “Immoveable property."
earth or permanently fastened to anything attached to the earth;
(17) “moveable property” means property of every description, “Moveable property.”
except immoveable property. (18) " vessel” means anything made for the conveyance by “ Vessel."
water of human beings or of property.
(19) in every case in which a person is by law allowed to affirm
or to declare instead of swearing, " oath" "Oath," "affidavit," "swear."
includes an affirmation, an "affidavit" includes a declaration, and to "swear” includes to affirm or declare ; (20) writing” and “written” include printing, lithography,
photography, engraving, and every other “Writing,” » " written."
mode in which words or figures can be
“ section” and schedule"
respectively, a chapter, part or section “Chapter,” Part," “Section”
of, and a schedule annexed to, the enact. and “ Schedule.”
ment in which the word occurs; (22) "from" and " to,'
. when used with reference to a series
of days or other periods of time, respecFrom and “To."
tively, exclude and include the first and the last of the days or other periods in such series. 4. For the purpose of expressing that a law relative to the chief or
superior of an office shall apply to the deputies Official chiefs and subordinates.
or subordinates lawfully executing the duties of such officer in the place of their superior, it shall be sufficient to prescribe the duty of the superior. 5. For the purpose of indicating the relation of a law to the successors
of any functionaries, or of corporations having Successors.
perpetual succession, it shall be sufficient to express its relation to the functionaries or corporations. 6. For the purpose of indicating the application of a law to every per
son or number of persons for the time being Substitution of functionaries.
executing the functions of an office, it shall be sufficient to mention the official title of the officer at present executing such functions, or that of the officer by whom the functions are commonly executed. 7. No provision of any Regulation or Act which has been repealed
shall be deemed to be revived by any enactRevival of repealed enactments.
ment of the Governor of Bombay in Council, unless such intention is expressly stated in the enactment. 8. The repeal of any Regulation or Act by any enactment of the Gov
ernor of Bombay in Council shall not, unless Matters done under an enact
a contrary intention is expressed, be deemed to ment before its repeal to be unaffected by the repeal.
affect anything done or any offence committed
or any fine or penalty incurred or any proceeding commenced before the repealing enactment came or comes into force.