(Probates and Letters of Administration. Sec. 1.) [1877: Act II. (d) B contracts with A that he will serve him faithfully for twelve months as a clerk. A is not entitled to a decree for specific performance of this contract. But he is entitled to an injunction restraining B from serving a rival house as clerk. (e) A contracts with B that, in consideration of Rs. 1,000 to be paid to him by B on a day fixed, he will not set up a certain business within a specified distance. B fails to pay the money. A cannot be restrained from carrying on the business within the specified distance. SCHEDULE. [ENACTMENTS REPEALED.] [Rep. by the Repealing and Amending Act, 1891 (X11 of 1891).] Preamble. "High Court" defined in Act XIII of 1875, ss. 2, 3 and 4. ACT No. II OF 1877.1 [14th February, 1877.] An Act to amend Act No. XIII of 1875. WHEREAS it is expedient to define the expression "High Court" as used (a) a High Court for the time being established under the twenty-fourth (b) the Chief Court of the Punjab. (c) the Court of the Recorder of Rangoon. 2. [Saving of certain grants of probate and administration.] Rep. by the Repealing and Amending Act, 1891 (XII of 1891.) 1 Short title, "The Probate and Administration Act. 1877." See the Indian Act, 1897 (XIV of 1897). Short Titles For the Statement of Objects and Reasons, see Gazette of India, 1877, Pt. V, p. 17; for This Act is declared in force in Upper Burma generally (except the Shan States), see first the Santhal Parganas, see schedule to the Santbál Parganas' Settlement Regulation (III of 1872) as amended by the Santhal Parganas' Laws Regulation, 1886 (III of 1886), printed, Bengal Code, Vol. I, Ed. 1889, p. 597. 2 For the Probate and Administration Act, 1875 (XIII of 1875), see Vol. II of the General See the Indian High Courts Act, 1861, printed, Collection of Statutes relating to India, XIII of 1875 24 & 25 Vict.. cap. 104. OF THE REGISTRATION-ESTABLISHMENT. 4. Inspector General of Registration. Branch Inspector General of Sindh. 5. Districts and sub-districts. 6. Registrars and Sub-Registrars. 7. Offices of Registrar and Sub-Registrar. 8. Inspectors of Registration-offices. 9. Military cantonments may be declared sub-districts or districts. 10. Absence of Registrar from his district or vacancy in his office. 11. Absence of Registrar on duty in his district. 12. Absence of Sub-Registrar or vacancy in his office. 13. Appointments under sections 10, 11 or 12 to be reported to Government. Suspension, removal and dismissal of officers. 14. Remuneration and establishments of registering officers. 15. Seals of registering officers. 16. Register-books. Forms. Fire-proof boxes. PART III. OF REGISTRABLE DOCUMENTS. 17. Documents of which registration is compulsory. Exception of composition-deeds; and of transfers of shares and debentures in Land Companies; documents merely creating right to obtain other documents. Authorities to adopt. SECTIONS. 18. Documents of which registration is optional. 19. Documents in language not understood by registering officer. 20. Documents containing interlineations, blanks, erasures or alterations. 21. Description of parcels. Documents containing maps or plans. 22. Failure to comply with rules as to description of houses and land. PART IV. OF THE TIME OF PRESENTATION. 23. Time for presenting documents. 24. Provision where delay in presentation is unavoidable. 25. Documents executed out of British India. 26. Provision where office is closed on last day of period for presentation. 27. Wills may be presented or deposited at any time. PART V. OF THE PLACE OF REGISTRATION. 28. Place for registering documents relating to land. 29. Place for registering other documents. 30. Registration by Registrar. Registration by Registrar at Presidency-town and Lahore. 31. Registration or acceptance for deposit at private residence. PART VI. OF 32. Persons to present documents for registration. 33. Powers-of-attorney recognizable for purposes of section 32. Proviso as to persons infirm, or in jail, or exempt from appearing in 34. Enquiry before registration by registering officer. 35. Procedure on admission of execution. Procedure on denial of execution, etc. PART VII. OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES. 36. Procedure where appearance of executant or witness is desired. 37. Officer or Court to issue and cause service of summons. 38. Persons exempt from appearance at registration-office. 39. Law as to summonses, commissions and witnesses. SECTIONS. PART VIII. OF PRESENTING WILLS AND AUTHORITIES TO ADOPT. 40. Persons entitled to present wills and authorities to adopt. 41. Registration of wills and authorities to adopt. 43. Procedure on deposit of wills. 44. Withdrawal of sealed cover deposited under section 42. 45. Proceedings on death of depositor. Re-deposit. 46. Saving of the Indian Succession Act, 1865, section 259. PART X. OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION. 47. Time from which registered document operates. 48. Registered documents relating to property when to take effect against oral agreements. 49. Effect of non-registration of documents required to be registered. 50. Registered documents relating to land, of which registration is optional, to take effect against unregistered documents. PART XI. OF THE DUTIES AND POWERS OF REGISTERING OFFICERS. (4) As to the Register-books and Indexes. 51. Register-books to be kept in the several offices. 52. Endorsements on document presented. Receipt for document. Documents admitted to registration to be copied. 53. Entries to be numbered consecutively. 54. Current indexes and entries therein. 55. Indexes to be made by registering officers. Extra particulars in indexes. 56. Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar. Such copy to be filed by Registrar. 57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries. SECTIONS. (B) As to the Procedure on admitting to Registration. 58. Particulars to be endorsed on documents admitted to registration. 59. Such endorsements to be dated and signed by registering officer. 60. Certificate showing that document has been registered, and number and page of book in which it has been copied. 61. Endorsements and certificate to be copied. Document to be returned. 62. Procedure on presenting document in language unknown to registering officer. 63. Power to administer oaths. Record of substance of statements. (C) Special Duties of Sub-Registrar. 64. Procedure on registration of document relating to land situate in several sub-districts. 65. Procedure where document relates to land situate in several districts. (D) Special Duties of Registrar. 66. Procedure on registering documents relating to land. 67. Procedure on registration under section 30, clause (5). (E) Of the controlling Powers of Registrars and Inspectors General. 68. Registrar to superintend and control Sub-Registrars. 69. Inspector General to superintend registration-offices. His power to make rules. 70. His power to remit fines. PART XII. OF REFUSAL TO REGISTER. 71. Reasons for refusal to register to be recorded. 72. Power to reverse or alter orders of Sub-Registrar refusing registration on ground other than denial of execution. 73. Application where Sub-Registrar refuses to register on ground of denial of execution. 74. Procedure of Registrar on such application. 75. Order to register and procedure thereon. 76. Refusal by Registrar. 77. Suit in case of refusal. PART XIII. OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES. 78. Fees to be fixed by Local Government. Alteration of fees. 79. Publication of fees. 80. Fees payable on presentation. |