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Presidency Small Cause Courts Act, 1882 Chapter VIII

Title: Distresses

State: Central

Year: 1882

.....to the Registrar of the Small Cause Court; and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor: Provided that the debtor may direct that the sale shall take place in any other manner, first giving security for any extra costs thereby occasioned. Section 66 - Costs of distresses No costs of any distress under this Chapter shall be taken or demanded except those mentioned in the part (marked E) of the third schedule hereto annexed. {The second paragraph,, relating to the application of sums raised as costs towards payment of contingent charges and remuneration of bailiff, was repealed by the A.O.1937.} Section 67 - Account of costs and proceeds The Registrar of the Small Cause Court shall keep a book in which all sums received as costs upon distresses made under this Chapter, and all sums paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. He shall also enter in the said book all sums realised by sale of the property distrained and paid over to landlords.....

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Presidency Small Cause Courts Act, 1882 Section 57

Title: Property Which May Be Seized

State: Central

Year: 1882

In pursuance of the warrant aforesaid the bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant and belonging to the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the said rent, together with the costs of the said distress: Provided that the bailiff shall not seize (a) things in actual use; or (b) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover such amount and costs; or (c) the debtor's necessary wearing apparel; or (d) goods in the custody of the law.

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Presidency Small Cause Courts Act, 1882 Complete Act

State: Central

Year: 1882

.....officer appointed under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of any other person, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member of any company incorporated or registered under Royal Charter, Letters Patent, 1[Act of Parliament of the United Kingdom or Central Act or Provincial Act or 2[State Act]. CHAPTER 03: LAW ADMINISTERED BY THE COURT SECTION 16: QUESTION ARISING IN SUITS, ETC. UNDER ACT TO BE DECIDED ACCORDING TO LAW ADMINISTERED BY HIGH COURT All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the.....

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