RELIEF OF INDEBTED AGRICULTURISTS. 189 



inspection of Courts under section 9 of Act 14 of 1869, which is 

 now, as MR. NAYLOR remarks, so little practised, is needed, inter alia, 

 to check abuses connected with these charges. In 1876 the Judge of 

 Khandesh brought to light a custom of enhancing the amount pay- 

 able for stamps by requiring, in certain cases, an application on 

 stamped paper before a witness was examined. He also found that 

 in process-serving, f in one Court alone as much as 96 days' pay was 

 obtained for 24 days' work, and 102 days' pay for 26 days' work, 

 of the serving establishment/ 



The last omission I have to explain is that of any legalization 

 of pancliayats or arbitration courts a subject which I mentioned in 

 my introductory speech as still under consideration. A proposal 

 for the definite incorporation of such Courts into our judicial system 

 has been put forward by the Judge of Ahmednagar, MR. WEDDER- 

 BURN, with the concurrence of a body of Native geatlemen, including 

 some judicial officers, whose position and attainments entitle their 

 views to the fullest consideration. I must say frankly that I look 

 upon as wholly visionary the idea that it is possible now-a-days to 

 find in every village, or even in every small circle of villages, body of 

 men sufficient in number to allow selection from them by litigants 

 for the formation of a pwichayat, and at the same time qualified to 

 be arbitrators by influence, intelligence and absence of interest. And 

 even were this otherwise, I should expect that the strict regulations, 

 involving checks and delays, which the proposal just referred to com- 

 prises, would practically destroy the freedom, simplicity and promp- 

 titude supposed to be the chief recommendations of the panchayat 

 system. That the provisions for arbitration in Bombay Regulation 

 7 of 1827, which succeeded the even more efficient ones of Rejnila- 



o 



tion 7 of 1802, had fallen entirely into disuse before their repeal 

 in 1861, and that the present new 'arbitration courts' are kept at 

 work chiefly by the exertions of a very small number of disinterested 

 and impartial individuals, are facts not very encouraging to a new 

 departure. At the same time, as there undoubtedly is a popular 

 sentiment, originated probably by aversion to our Courts as now 

 conducted, running in favour of voluntary settlements, I personally 

 can see no harm in aiding them by legislation of a purely permissive 

 kind. We might safely revert to pretty much the position of 

 Regulation 7 of 1827. Persons whom the Government deemed 

 of good character and competent, as also the members for the time 



