166 RELIEF OF INDEBTED AGRICULTURISTS. 



draw its own conclusions against him accordingly. If he did not 

 come into Court with clean hands, he would be entitled to little 

 consideration. The Court should not go further in any case or against 

 either side than sufficed to get at the truth of the matter, and to 

 give an equitable decision. There appears no reason to fear that 

 such an exercise of its discretion by the Court would be either 

 unfair to the creditor or demoralizing to the debtor. The objec- 

 tions to usury-laws are well-known and so cogent that only special 

 circumstances can justify special legislation. Even a maximum 

 legal rate of interest, however, had this advantage that, as MR. WEST 

 says, " it set up a standard, and gave fixity to men's vague ideas of 

 what might reasonably be asked for the use of money in those 

 numerous cases in which the loan partook but slightly of the charac- 

 ter of a true mercantile transaction/'' Where the rate of interest is 

 regulated by the ordinary laws of supply and demand, interference is 

 indefensible, unless, as in the case of interest after decree, the security 

 be changed. But where, as SIR JOHN STRACHEY has said, ' the condi- 

 tions depend more upon the degree of simplicity in the borrower, and 

 of rapacity in the lender, than on anything else/ no such respect 

 need be paid to them the less so that with Hindus we have the 

 support of the law of dam-dupat, and that the security will be greatly 

 increased by the provisions for recovery to be mentioned shortly. 

 It has been urged and with some truth, that there is nothing in the 

 present law to prevent such enquiry and doing of substantial justice ; 

 that certain rulings of the Bombay and other High Courts are sugges- 

 tive of this course and support dam-dupat y and that the provisions 

 of the Contract Act as to undue influence are very wide. But, 

 however this may be, the practice of the lower Courts is usually differ- 

 ent, and there are good reasons to fear that, unless their duty in this 

 respect be clearly expressed in the law, ignorance of rulings, press 

 of work, indolence or a desire to get through cases rapidly, will, as 

 hitherto, tend to prevent its performance. It may be pointed out 

 finally, that LORD CRANBROOK, besides confirming the sanction given by 

 LORD SALISBURY to the introduction of the Bombay draft Bill contain- 

 ing provisions on the principle above referred to, appears to look with 

 approval on ' extending the powers of Judges to modify the contracts 

 entered into between man and man/ In accordance with this view, 

 the first four sections of Chapter III have been framed, and ..will 

 apply to all determination of the debts of agriculturists which may 



