148 REL1E1 1 Otf INDEBTED AGRlClJLTURlST.S. 



sense aiid equity in practice ; but gradually the system was made 

 more regular and rigid. MOUNTSTUART ELPHINSTONE'S Code of 1827, how- 

 ever, still contained much of the old leaven, such as arbitration courts, 

 usury law and a long limitation for suits. Only gradually did credi- 

 tors perceive and work up to the advantages the law had given them. 

 At first the debtors complained of usurious interest only. From 1843 

 to 1850 the Court's influence became rapidly more apparent. Attach- 

 ments, and the extortion of new bonds with a premium for forbear- 

 ance, increased. From 1850 to 1858 credit and frauds much expan- 

 ded. Numerous public officers pointed out the mischief which was 

 going on ; none foresaw more clearly than SIR GEORGE WINGATE how 

 the benefit of his settlement was being turned into wrong channels, or 

 pleaded more earnestly, though in vain, for prompt and effective 

 remedies. While affairs were in this state, the legislature stepped 

 in to aggravate the evil. In 1859 the period of limitation for suits 

 was reduced and the first Civil Procedure Code was passed, followed 

 by the Stamp Act in 1860. 



The condition then consummated, which has lasted with but 

 slight variation for about twenty years, may be thus briefly summa- 

 rized as it appears in the Deccan. The procedure is highly elaborate 

 and technical ; the penalties for contravention of it, severe, and litiga- 

 tion, dangerous without the guidance of a pleader, whose services are 

 costly and interests often at variance with those of his client. The 

 procedure is the same for a debt of Rs. 5 and Us. 5,000, except in 

 the rare instances where Small Cause Courts are established. Stamp 

 and court expenses have nearly doubled. Arbitration has been gradu- 

 ally shouldered out, partly by the superior prestige of the Courts, 

 partly by the stamp-duties, partly by its disadvantages for the money- 

 lender. Suits may be heard e.c parte in the absence of the defendant, 

 and are found to be so, in the four Deccan districts, in above half 

 of the cases. Great weight is attached by the Courts to bonds, and 

 thej are therefore largely, almost exclusively, depended on. However 

 fraudulent, extortionate or in excess of consideration a bond may be, the 

 burden of proof lies on the debtor, and in practice his defence is generally 

 hopeless. Payments on a decree made by the debtor out of court were 

 (till 1877) ignored, and were therefore obtained, wherever possible, 

 by the fraudulent creditor. The reduction of the limitation period 

 for bonded debts from twelve to six, and in some cases three 5 ; ears, 

 and for simple money debts, from six to three years, respectively, has 



