Report On The Administration Of Civil Justice In The Punjab For 1859

· 1859 · Public domain (published pre-1930) · archive.org ↗

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2had the opportunity of ascertaining the sentimenta of the people on the subject, they seem

3to he of opinion, that the measure will tend to check rather tho use of bonds than other-

4wiso. <A bad season ensues, the “ bach ” paper has been prepared, the Tehsecldar pressex

5for the money—the zemindar must borrow; he has no time to go to the Tehscel to have a

6bond registered, if the amount required for payment exceeds, os it often does, Rs. 50; the

7money-lender will, therefore, give him, in preference, the required amount as part of his

8running account, and will not take a bond which would be ignored by the Courts. In

9order to lesson the difficulties of registration at the Tehseels, I recently, with your sanction,

10invested the Naib Telseeldars with the power of registering deeds, during the absence

11of the Tehsceldar from his Tohseel ; but even this precaution will by no meansremove all

12the difficulties.” This was done experimentally for a time in this one Division, the result

13is to be reported.

14LAW OF LIMITATION.

1524.— As regards the alteration in the term of limitation of suits, *the Deputy

16Commissioners seom to be of opinion that it is certainly popular with the agricultural

17classes.”

1825,—Aftor entering into the question of abolishing the action for debt altogether,

19the Commissioner continues :—* Those alterations, however, do not, it appears to me, ma-

20terially affect the suits on running accounts. If an interval of three years has not occurred

21since the last transaction, suits may extend over an altogether indefinite period, and as

22they are the most numerous, so they are the suits the decision of which is full of more

23doubt and uncertainty, than the decision of any other description of claims. Even if the

24sums advanced are correctly entered, it is often hopeless to ascertain that the receipts

25through several years perhaps have all been credited, derived as they may have been from

26so many miscellaneous sources,—gram, cattle or cash.”

2726,.—-This objection might be met by insisting on a balance being struck periodically—

28say annually——on account rendered to the party who deals with the money-lenders. I have

29made this observation elsewhere,

3027,— Mr. Elliott proposes that no suit on a running account should be admitted for

31any sum exceeding Rs. 50, but that when the debt exceeds that sum, the ercditor should