134 



APPENDIX TO CHAPTER VI 



Future mort- 

 gage by way 

 of conditional 

 sale not per- 

 mitted. 



Leases, 



N.-W. P.&O, 

 II. of 1901. 



Restriction 

 on power to 

 make further 

 temporary 

 alienation. 



Ejectment of 

 morgagee, 

 or lessee, 

 remaining in 

 possession 

 after term. 



10. In any mortgage of land made after the commencement 

 of this Act, any condition which is intended to operate by way 

 of conditional sale shall be null and void. 



11. (i) Any member of an agricultural tribe may make a 

 lease of the land of which he is proprietor for any term not 

 exceeding twenty years, and any lease of such land made by a 

 member of an agricultural tribe for a longer term than twenty 

 years shall, if the lessee is not a member of the same tribe, and 

 the lessor and lessee are not members of agricultural tribes 

 and both residents of the district in which the land is situated, 

 be deemed to be a lease or farm for the term permitted by this 

 section. 



(2) Nothing in this section shall be deemed to affect the 

 provisions of section 49 of the North - Western Provinces 

 Tenancy Act, igoi. 



12. (i) During the currency of a mortgage made under 

 section 6 in form (a) or form [h), or of a lease under this Act, 

 the owner shall be at liberty to make a further temporary 

 alienation of the same land for such term as, together with the 

 term of the current mortgage or lease, will make up a term 

 not exceeding the full term of twenty years. 



(2) Any such further temporary alienation, if made for a 

 longer term than is permitted by this section, shall be deemed 

 to be a temporary alienation for the term permitted by this 

 section, 



13. If a mortgagee or lessee, holding possession under a 

 mortgage made under section 6, or under a lease made under 

 section 11, or under a mortgage or lease made under section 12, 

 remains in possession after the expiry of the term for which he 

 is entitled to hold under his mortgage or lease, the Collector 

 may, of his own motion, or on the application of the person 

 entitled to possession, eject such mortgagee or lessee, and 

 place the person so entitled in possession. 



Eflfect of 

 permanent 

 alienation 

 made without 

 sanction. 



Sanction of 

 Collector 

 required to 

 certain aliena- 

 tions of, or 

 charges on, 

 produce of 

 land. 



General Provisions. 



14. Any permanent alienation which under section 3 is not 

 to take effect as such until the sanction of a Collector is given 

 thereto shall, until such sanction has been refused, take effect 

 as a usufructuary mortgage in form {a) permitted by section 6 

 for such term not exceeding twenty years, and on such con- 

 ditions as the Collector considers to be reasonable. 



15, Every agreement whereby a member of an agricultural 

 tribe purports to alienate or charge the produce of his land or 

 any part of, or share in, such produce for more than one year 

 shall not take effect for more than one year from the date of 

 the agreement unless the sanction of a Collector is given 



