INDEBTEDNESS OF THE LAND-HOLDING CLASSES. 25 



the oppressive use of the machinery for executing decrees, and 

 especially mitigating the harshness of its operation as regards 

 agriculturists. Tools, implements of husbandry, the cattle necessary 

 for tillage, the materials of his house are in the case of an agricultural 

 defendant exempted from attachment or sale in execution of decree. 

 The district officer is further empowered to represent to the Court 

 that the sale of land in execution of decree is objectionable, and that 

 the decree can be satisfied by temporary alienation or management, 

 and thereupon the Court may authorise such satisfaction. Another 

 provision enables the Government in any particular area to transfer 

 the execution of such decrees as involve the sale of land to the 

 district officer, who is thereupon invested with authority to deal 

 with the land, adopting various courses for satisfying the decree, and 

 avoiding the necessity, except in the last resort, of an execution sale. 

 The Government, the High Courts, and other superior tribunals will 

 no doubt continue to watch with care the operation of the law, and to 

 take every precaution against its abuse. 



11. Some evidence was brought before us in favour of a simple 

 and inexpensive system of settling disputes by the agency of unpaid 

 arbitrators, and it was suggested that in this way relief might be 

 afforded to agricultural debtors. We observe, however, the existing 

 law makes ample provision for recognising references to arbitration by 

 consent of the parties, and for giving to the awards of arbitrators so 

 appointed the form of a decree. It has not, however, been found 

 that this mode of settling disputes is generally popular; and we 

 were informed that recent changes in the Stamp Law, by which a 

 heavier fee than before is imposed in submissions to arbitration and 

 awards of arbitrators, will tend still further to discourage resort to 

 this mode of adjustment. If this prove to be the case, it would be 

 matter for consideration whether the Stamp Law might not with 

 advantage be altered in this respect. Arbitration, other than that by 

 consent of the parties, stands, of course, on an altogether different 

 footing, and their is no reason to suppose that it would be for the 

 benefit of any class of litigant. On the contrary, it would be likely 

 to open the door to much of that corruption which is so serious a 

 difficulty in the administration of justice in India. The Civil Courts 

 are strictly controlled and supervised, and are, whatever their other 

 imperfections, incomparably purer than any tribunal before known in 

 India; nor is it probable that an ecjually high standard of purity 

 4 



