134 BELIEF OF INDEBTED AGRICULTURISTS. 



India as to how far definite proposals for an increase of expenditure 

 on judicial establishments would meet with favourable consideration ; 

 but as regarded the scheme submitted by the Commission for the 

 amendment of the law relating to the execution of decrees, they were 

 not generally in favour of the proposal for the abolition of personal 

 arrest and imprisonment for debt, nor did they approve of the 

 suggested limitations in regard to the sale, by the order of Civil 

 Courts, of immovable property in satisfaction of a decree for money ; 

 whilst in respect of the further suggested enactment for preventing 

 the improper use of a decree by the judgment-creditor, they expressed 

 no opinion. 



The whole matter rested in this state until the question of further 

 action was taken up by the present Government of Bombay, who 

 early in the current year addressed the Government of India, 

 submitting fresh legislative proposals for effecting the following 

 objects : 



1st. (a) The enforced examination by the Civil Courts of the 

 merits of every claim for which it was asked to give a decree, whether 

 any defence was made to such claim or not. 



(I) The disallowance of the obligation of any person to discharge 

 ancestral debts, unless such person in the Court's presence expressed 

 his readiness to accept responsibility for such debts. 



(c) The disallowance of the compound interest included in any 

 claim, as well as all interest in excess of a sum equal to the principal 

 represented in such claim. 



2nd. The declaration of the insolvency of any debtor upon his 

 personal application, otherwise than after his arrest in execution of a 

 decree against him. 



3rd. The prevention of the sale of any land by order of a Civil 

 Court in satisfaction of a decree for money, unless the land had been 

 specifically pledged as security for the debt, and the contract under * 

 which it was so pledged had been reduced to writing, and the 

 written instrument embodying the same duly registered. 



Thus far he (Mn. COCKERELL) had very briefly summarised the facts 

 and circumstances leading up to the motion now before the Council, 

 by way of explanation of the reasons for the special legislation ROW 

 proposed, It only remained for him to state the objects of the Bill 



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