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2 activity on the part of the Judges, could keep pace with the demand, or
3 clear the files, which, in December 1837, showed a balance of 8,000 suits
4 still pending ; and, as it appeared; that out of those decided at that time
5 in the Courts 45 per cent. of the claimants were -non-suited, it became
6 necessary to provide some check to. this system of vexatious and un-
7 founded litigation, and also to relieve, if possible, this great and useless
8 pressure upon the valuable time of the Judges. The consequence was,
9 that in 1839 a Circular was issted, ordering the realization of a fee,
10 équal in amount to the former institution fee, in all suits which were
11 ascertained to be vexatious-or unfounded. But this arrangement not
12 being found sufficient, on the 17th of March 1841, another set of Rules
13 was issued, which may be said to form the present system with but very
14 slight modifications, and which system, as the non-suits form now only
15 a small per-centage, is looked upon as working well. »
16 55. In all suits a fee, leviable at its termination, has become an inci-
17 dental expense to the bringing of an action.
18 56. This fee amounts to one anna in the Rupee on sums not exceeding
19 Rupees 800, and, on sums above that amount, in a certain fixed ‘proportion.
20 57. This fee is leviable on all sums claimed in excess of the amount
21 justly due, and, as a general rule, in all cases of non-suit, or where the
22 defendant is cast in the full_amount. :
23 . 88. In cases where the parties have applied to the Courts more with”
24 the view of ascertaining their respective rights than from a desire to
25 litigate, the fee is remitted by the Judge.
26 59. An Appeal Court has power, on seeing good grounds for the
27 same, to remit the fees imposed in the Lower Courts,
28 60. A fine in addition, equal to the fee in amount, is leviable in all
29 suits which are found to be false, vexatious, or unfounded.
30 61. The fee is leviable by process of execution immediately upon the
31 judgment being passed. Should the property of the party liable not
32 be sufficient to realize the amount, it is held as a debt due by him to the
33 Government, and he is not permitted to file another suit in any Court,
34 until the amount is adjusted; but in the case of a fine, imprisonment
35 not exceeding six months, is given in cases of default of payment.
36 62. At the close of a suit, should the defendant fail to attend for the
37 j purpose of receiving the decree, a notice for his atten.
38 dance within ten days is forwarded to the Amildar, and
39 if he is not to be found, the notice is affixed to the outside of his door,
40 Delivery of decrees.