38. In section 260, in the first paragraph, after the words "the performance of," the words "or abstention from" shall be inserted; and for the second paragraph the following paragraphs shall be substituted (namely):

Amendment of section 260.

"When any attachment under this section has remained in force for one year, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, the property may be sold; and out of the proceeds the Court may award to the decree-holder such compensation as it thinks fit, and may pay the balance, if any, to the judgmentdebtor on his application.

"If the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or if, at the end of one year from the date of the attachment, no application to have the property sold has been made and granted, the attachment shall cease to exist."

Amendment of sec. tion 264.

39. In section 264, after the words "the same" the words "and not bound by the decree to relinquish such occupancy" shall be inserted.

40. To section 265 the following words shall be added (namely): "and according to the law, if any, for the time being in force for the partition, or the separate possession of shares, of such estates."

Amendment of section 265.

Amendment of tion 268.

sec

41. For the last paragraph of section 268, the following shall be substituted (namely) "In the case of the salary of a public officer or the servant of a Railway Company, the attachment shall be made by a written order requiring the officer whose duty it is to disburse the salary to withhold every month such portion as the Court may direct, until · the further orders of the Court.

"A copy of every such order shall be fixed up in a conspicuous part of the court-house and shall be served on the officer so required.

"Every such officer may from time to time pay into Court any portion so withheld, and such payment shall discharge the Government or the Railway Company, as the case may be, as effectually as payment to the judgment-debtor."

Amendment of tion 271.

sec

Seizure of property in building.

42. For the first paragraph of section 271, the following shall be substituted :

"271. No person executing any process under this Code directing or authorizing seizure of moveable property shall enter any dwelling-house after sunset and before sunrise, or shall break open any outer door of a dwelling-house. But when any such person has duly gained access to any dwelling-house, he may unfasten and open the door of any room in which he has reason to believe any such property to be."

Amendment of sec. tions 289 & 290.

43. To section 289, paragraph one, the following words shall be added (namely): "and a copy thereof shall be fixed up in the court-house and, in the case of land paying revenue to Government, also in the Collector's office"; and in section 290, for the words "notification has been affixed," the words " proclamation has been fixed up" shall be substituted.

copy of the

Amendment of section 291.

44. In section 291, for the first eight words the following shall be substituted (namely): "The Court may in its discretion adjourn any sale under this chapter (other than a sale by the Collector) to a specified day and hour, and the officer conducting any such sale"; and in the same section, after the proviso, the following sentence shall be inserted (namely): "Whenever a sale is adjourned under this section for a longer period than seven days, a fresh proclamation under section 289 shall be made, unless the judgment-debtor consents to waive it."

Amendment of sec. tion 294.

45. To section 294 the following paragraph shall be added (namely) :—

"When a decree-holder purchases, by himself or through another person, without such permission, the Court may, if it thinks fit, on the application of the judgment-debtor or any other person interested in the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale, and all expenses attending it, shall be paid by the decree-holder."

Amendment of section 295.

46. In section 295, first proviso, after the words "shall not" the words "as such" shall be inserted;

and after the second proviso the following shall be inserted :— "Provided also that, when immoveable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied

Third proviso to section 295.

first, in defraying the expenses of the sale;

secondly, in discharging the interest and principal money due on the incumbrance;

thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and

fourthly, rateably among the holders.of decrees for money against the judgment-debtor, who have, prior to the sale of the said property, applied to the Court which made the decree ordering such sale for execution of such decrees and have not obtained satisfaction thereof."

47. In section 305, paragraph two, after the word "therein" the words and figures "and notwithstanding Amendment of sec. anything contained in section 276" shall be inserted; and for the last paragraph the following shall be substituted (namely) :

tion 305.

"Provided also that no mortgage, lease or sale under this section shall become absolute until it has been confirmed by the Court."

Amendment of sec

tion 314.

Amendment of sec

tion 316.

Certificate to purchaser of immoveable property.

48. In section 314, after the word " property" the words "in execution of a decree" shall be inserted.

49. For section 316 the following shall be substituted (namely:

"316. When a sale of immoveable property has become absolute in manner aforesaid, the Court shall grant a certificate stating the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear the date of the confirmation of the sale; and, so far as regards the parties to the suit and persons claiming through or under them, the title to the property sold shall vest in the purchaser from the date of such certificate and not before provided that the decree under which the sale took place was still subsisting at that date."

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