188 BELIEF OF INDEBTED AGllICULTUllISTS. 



provisions in this direction. On the merits of the question in the 

 abstract, it is unnecessary for me to add anything to the few remarks 

 which I had to make, for the completion of my argument, in my 

 introductory speech. But as to its omission from the Bill, I may say 

 that it is held that for whatever action (if any) which may be 

 necessary, no legislation is required, but that if the fact were 

 otherwise, the Bombay and not the Governor General's Council 

 is the place where it should be undertaken. Legislation is 

 unnecessary, because the question is an executive one. The 

 power of fixing the rates of assessment, original or revised, is 

 given to the Bombay Executive Government by sections 100 to 107 

 of the new Bombay Revenue Code, as it was by the previous 

 law; the power of fixing instalments is so given by section 

 146 ; the granting of remissions is equally an executive matter. 

 The regular mode, therefore, of securing all that the advocates 

 of a change of system desire is by executive order, or by rules made 

 by the Local Government under section 214 of the Code. Supposing 

 however, that it were thought proper to tie down the Executive 

 Government in these matters more than it is now tied, then the proper 

 course would be to amend the Bombay Revenue Code ; and that is 

 the function of the Bombay Legislative Council, which passed it, 

 not of the Governor GeneraFs Council. Our present Bill, I need 

 scarcely say, would not be before this Council at all but that it 

 modifies the Civil Procedure Code, which the local legislatures are 

 precluded by Act of Parliament from touching. 



Another omission which has been censured is that of any reduc- 

 tion of stamp or court-fees, process-fees, batta, etc. Here, again, 

 legislation would have been superfluous. In Act 7 of 1870 the 

 Governor General in Council is empowered by section 35 to reduce 

 or remit any of the court-fees mentioned in the schedules ; and the 

 High Court, with the sanction of the Local Government, may under 

 chapter IV fix process-fees as it thinks proper. Act 1 of 1879, 

 section 8, contains a similar power to reduce the stamps to which it 

 applies, among which arbitration awards are included. I am not 

 authorized to announce any decision on this subject ; but it will be 

 seen from paragraph 16 of the letter of the Bombay Government, 

 No. 2056 of April 15th, 1879, which was published in the Bombay 

 Government Gazette of the 30th of July last, that some reductions 

 are locked upon generally with favour. I may add that the regular 



