PRESIDENCY SMALL CAUSE COURTS ACT, 1882

15 of 1882

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns. (In its application to the State of Maharashtra) Whereas; it is expedient to consolidate and amend the law relating to the Courts of

Small Causes established in the towns of Calcutta, Madras and Bombay; It is hereby enacted as follows

STATEMENT OF OBJECTS AND REASONS M.G.G., Pt. V dated April 27,1961 p. 332 It is necessary that the tenant who is in arrears of rent should be given notice before legal action is taken against him. Provision to this effect has already been made in the Provincial Small Cause Courts Act, 1887 (vide Section 27-B of that Act. Similar provision is necessary in the Presidency Small Cause Courts Act, 1882, also. Hence this amending Bill. Dated the 2nd February, 1961 (Signed) R.K. MHALGI S.H.BELAVADI, Secretary Bombay, dated the 20th April, 1961 Maharashtra Legislative Assembly M.G.G. Pt. V dated June 15,1961 p.348 Section 11 of the Presidency Small Cause Courts Act, 1882, provides that in any case in which two or more judges sitting together are equally divided on any question the Chief Judge, if he be one of the Judges so differing or in his absence, the Judge, first in rank and precedence, of the Judges so differing, shall have a casting voice. This provision in practice 1 For Statement of Objects and Reasons, sec Gazette of India, 1880, Pt. V., p.376; for first Report of the Select Committee, sec ibid, 1881, Pt. V., p. 981, for further Report of the Select Committee sec ibid, 1882, Pt. V., p. 3; for proceedings in Council, sec ibid.. Supplement, 1880, pp.1394 and 1433; ibid., 1882. Supplement, p. 204,and ibid., 1882, Extra Supplement, p. 43. This Act has been amended in its local application by Bengal Acts 4 of 1922 and 20 of 1932 Bombay Act 5 of 1933 and Madras Acts 5 of 1916, 3 of 1922, and 3 of 1927. reduces the decision of the Bench, to a decision of a single Judge. It is, therefore, proposed to amend this section so as to provide that the point of difference shall be heard by one or more of the other Judges, and that point shall be decided according to the opinion of the majority of the Judges who have heard the case, somewhat on the lines of the provision in section 98 of the Code of Civil Procedure, 1908. It is also proposed to amend section 53 to provide, on the lines of the proviso to section 27-B of the Provincial Small Cause Courts Act, 1887, that any person claiming to be entitled to arrears of rent should give 15 days notice to the tenant making a demand of the said arrears before making an application to the Court for distress warrant Dated the 14th June 1961 (signed) SHANTILAL H. SHAH

By order and in the name of the Governor of Maharashtra B.P.DALAL, Secretary to the Government of Maharashtra, Law and Judiciary Department. Bombay, dated the 14th June 1961. M.G.G. Pt. V, dated October 31st, 1977 p. 436 Section 71 of the Presidency Small Cause Courts Act, 1882, as amended in its application to the State of Maharashtra, lays down the institution fees and section 72 of that Act lays down the process fees payable in the Small Cause Court at Bombay. The jurisdiction of this Court was limited to Rs. 3,000. When some additional jurisdiction was conferred on this Court by the Presidency Small Cause Courts (Maharashtra Amendment) Act, 1975, section 72 was revised to meet the demand of process fees to be levied in respect of any claim. Recently, when provision is made by the Maharashtra Civil Courts (Enhancement of Pecuniary jurisdiction and Amendment) Act, 1977, to increase the ordinary pecuniary jurisdiction of the Court from Rs 3,000 to Rs. 10,000, section 71 is also amended to provide for the institution fees for all claims which may now come before this Court. This Court had always special scales of fees, which were different than those payable in other Civil Courts. It has been represented to Government that with the increase in jurisdiction, the parties will have to pay slightly more fees than what they were required to pay for similar claims in the Bombay City Civil Court, where fees are charged according to the provisions of the Bombay Court-fees Act, 1959. In order that the parties may not be burdened with any higher fees on account of alterations in the jurisdictions of the Courts in Greater Bombay and there should be uniformity in the fees charged in Civil Courts, Government has decided to amend the Presidency Small Cause Courts Act and the Court-fees Act to discontinue the special scales of fees in the Bombay Small Cause Court and to provide that in that Court also institution fees and process fees shall be charged as in other Civil Courts according to the provisions of the Bombay Court-fees Act, 1959. 2. The Bill is intended to achieve this object. S.G.PATIL,Nagpur, dated the 28th October Minister for Legislature Affairs. 1977 G.S.NANDE, Secretary, Nagpur, dated the 31st October 1977 Maharashtra Legislative Assembly M.G.G. Pt.V dated January 17,1980 p.27Appointments to the posts of Judges of the Small Causes Court at Bombay are made by promotion of Civil Judges (Senior and Junior Divisions) and Magistrates of the First Class, or by nomination from members of the Bar and Civil Judges (Senior and Junior Divisions) and Magistrates of the First Class. Under Article 235 of the Constitution of India, the power of appointment to the post of a Judge of the Bombay Small Causes Court, which is a post inferior to the post of a District Judge, by promotion, is vested in the High Court. Whereas, the power to make appointment to the said post by nomination is vested in the State Government under article 234. 2. Sections 7 and 8A of the Presidency Small Cause Courts Act, 1882 (XV of 1882), provide for appointment of Judges of the Small Cause Court by the State Government. There is no specific provision for appointment of Judges by promotion and regarding the authority by whom such appointments should be made. As desired by the High Court, in order to clarify the constitutional position and to make specific provision for appointment by promotion and that the authority of appointment of a Judge of the said Court by promotion vests in the High Court, it is proposed to amend the said sections 7 and 8A suitably in their application to the State of Maharashtra. 3. The Bill is intended to achieve the above objects.

CHAPTER 01: PRELIMINARY

SECTION 01: SHORT TITLE AND COMMENCE MENT

This Act may be called the Presidency Small Cause Courts Act, 1882; and it shall come into force on the first day of July 1882. But nothing herein contained shall affect the provisions of the Army Act (44 and 45 Vict, c.58),1[* *] section 151, or the rights or liabilities of any person under any decree passed before that day.

SECTION 02: REPEAL OF ENACTMENTS

Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.

SECTION 03: AMENDMENTS OF ACTS

Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.

SECTION 04: SMALL CAUSE COURT" AND "REGISTRAR" DEFINED

In this Act, "the Small Cause Court' means the Court of Small Causes constituted under this Act in the towns of Calcutta, Madras, or Bombay as the case may be,2[and the expression "Registrar" includes a Deputy Registrar].

CHAPTER 02: CONSTITUTION AND OFFICERS OF THE COURT

SECTION 05: COURTS OF SMALL CAUSES ESTABLISHED

There shall be in each of the towns of Calcutta, Madras, and Bombay a Court to be called the Court of Small Causes of Calcutta, Madras or Bombay as the case may be.

SECTION 06: COURT TO BE DEEMED UNDER SUPERINTENDENCE, ETC. OF HIGH COURT

The Small Cause Court shall be deemed to be a Court subject to the superintendence of the High Court of Judicature at Fort William, Madras or Bombay, as the case may be, within the meaning of the Letters Patent, respectively, dated the 28th day of December 1865, for such High Courts, and within the meaning of the 3[Code of Civil Procedure (XIV of1882)1[and to be a Court subordinate to the High Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (XVIII of 1879)], and the High Court shall have, in respect of the Small Cause Court the same powers as it has under the2[twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subjects to its appellate jurisdiction.]

SECTION 07: APPOINTMENT OF JUDGES

34[(1) There shall be appointed from time to time a Chief Judge of the Small Cause Court and as many other judges as the5[State] Government thinks fit].

6[(2) The State Government may also appoint any person to be an Additional Chief Judge; and the Additional Chief Judge shall exercise such powers and perform such duties of the Chief Judge under this Act or under any law for the time being in force as the State Government may direct].

SECTION 08: RANK AND PRECEDENCE OF JUDGES

The Chief Judge shall be the first of the Judges in rank and precedence. The other Judges shall have rank and precedence as the 1[State] Government may, from time to time, direct.

SECTION 09: PROCEDURE AND PRACTICE OF SMALL CAUSE COURT

4(1) The High Court may, from time to time, by rules, having the force of law, --

5[(a) prescribe the procedure to be followed and the practice to be observed by the Small Cause Court either in supersession of or in addition to any provisions which were prescribed with respect to the procedure or practice of the Small Cause Court on or before the thirty -first day of December 1894, in or under this Act or any other enactment for the time being in force; and 1[(aa) empower the Registrar to hear and dispose of undefended suits and interlocutory applications or matters, and]

(b) cancel or vary any such rule or rules. Rules made under this section may provide among other matters, for the exercise by one or more of the Judges of the Small Cause Court of any powers conferred on the Small Cause Court by this Act or any other enactment for the time being in force.

(2) The law, and any rules and declarations made, or purporting to be made, thereunder, with respect to procedure or practice, in force or treated as in force in the Small Cause Court on the thirty-first day of December 1894, shall be in force, unless and until cancelled or varied by rules made by the High Court under this section.]

SECTION 10: CHIEF JUDGE TO DISTRIBUTE BUSINESS OF COURT

Subject to such rules, the Chief Judge may, from time to time, make such arrangements as he thinks fit for the distribution of the business of the Court among the various Judges thereof.

SECTION 11: PROCEDURE IN CASE OF DIFFERENCE OF OPINION

Save as hereinafter otherwise provided, when two or more of the Judges sitting together differ on any question, the opinion of the majority shall prevail ;1[and if the Court is equally divided, the Judges shall state the point upon which they differ, and the case shall then be heard upon that point by another Judge nominated by the Chief Judge and the point shall be decided, according to the opinion of the majority of the Judges, who have heard the case, including those who first heard].

SECTION 12: SEAL TO BE USED

The Small Cause Court shall use a seal of such form and dimensions as are for the time being prescribed by the1[State] Government.

SECTION 13: APPOINTMENT OF REGISTRAR AND OTHER OFFICERS

2There shall be appointed an officer to be called the Registrar of the Court who shall be the Chief ministerial officer of the Court; there shall also be appointed a Deputy Registrar and as many clerks, bailiffs and other ministerial officers as may be necessary for the administration of justice by the Court and for the exercise and performance of the powers and duties conferred and imposed on it by this Act or any other law for the time being in force. The Registrar and other officers so appointed shall exercise such powers and discharge such duties of a ministerial nature, as the Chief Judge may, from time to time, by rule direct.]

SECTION 14: REGISTRAR MAY BE INVESTED WITH POWERS OF A JUDGE IN SUITS NOT EXCEEDING

[one hundred rupee]

The1[State]Government may invest the Registrar with the powers of a Judge under this Act for the trial of suits in which the amount or value of the subject matter does not exceed3[one hundred rupees]. And subject to the orders of the Chief Judge, any Judge of the Small Cause Court may, whenever he thinks fit, transfer from his own file to the file of the Registrar any suit which the latter is competent to try.4 [* * * * *•]

SECTION 15: JUDGE OR OTHER OFFICER NOT TO PRACTICE OR TRADE

No Judge or other officer appointed under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of any other person, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member of any company incorporated or registered under Royal Charter, Letters Patent, 1[Act of Parliament of the United Kingdom or Central Act or Provincial Act or 2[State Act].

CHAPTER 03: LAW ADMINISTERED BY THE COURT

SECTION 16: QUESTION ARISING IN SUITS, ETC. UNDER ACT TO BE DECIDED ACCORDING TO LAW ADMINISTERED BY HIGH COURT

All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction.

CHAPTER 04: JURISDICTION IN RESPECT OF SUITS

SECTION 17: LOCAL LIMITS OF JURISDICTION OF COURT

The local limits of the jurisdiction of each of the Small Cause Courts shall be the local limits or the time being of the ordinary original civil jurisdiction of the High Court.

SECTION 18: SUITS IN WHICH COURT HAS JURISDICTION

Subject to the exceptions in section 19, the Small Cause Court shall have jurisdiction to try all suits of a civil nature When the amount or value of the subject matter does not exceed1[ten thousand rupees]; and -

(a) the cause of action has arisen, either wholly or in part, within the local limits of the jurisdiction of the Small Cause Court, and the leave of the Court, has, for reasons to be recorded by it in writing, been given before the institution of the suit; or

(b) all the defendants, at the time of the institution of the suit, actually and voluntarily reside, or carry on business, or personally work for gain, within such local limits; or

(c) any of the defendants at the time of the institution of the suit, actually and voluntarily resides, or carries on business, or personally works for gain within such local limits and either the leave of the Court has been given before the institution of the suit, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution:

2[Provided that where the cause of action has arisen wholly within the local limits aforesaid and the Court refuses to give leave for the institution of the suit, it shall record in writing its reasons for such refusal]

[3[Provided further that the Chief Judge may, subject to the direction and control of the High Court and to such conditions and limitations as he deems fit to impose, empower the Registrar to entertain and dispose of applications for the purpose of giving such leave under clauses (a) and (c) and, when so empowered, the Registrar shall be deemed to be the Court for that purpose.]

Explanation /:- When in any suit sum claimed is, by a set off admitted by both parties, reduced to a balance not exceeding 1[ten thousand rupees] the Small Cause Court shall have jurisdiction to try such suit.

Explanation II: - Where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging.

Explanation III: - A Corporation or Company shall be deemed to carry on business at its sole or principal office in 2[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

SECTION 18A: PLAINTIFF MAY ABANDON SUIT AGAINST DEFENDANT RESIDENT OUT OF JURISDICTION

The Small Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several liability is alleged on a cause of action arising either wholly or in part within the local limits of the jurisdiction of the Court to abandon the suit as against any defendant who does not reside, or carry on business or personally work for gain within such local limits, and to sue for a decree against such defendants only as do so reside, carry on business or personally work for gain.

SECTION 19: SUITS IN WHICH COURT HAS NO JURISDICTION

The Small Cause Court shall have no jurisdiction in-

(a) suits concerning the assessment or collection of the revenue;

2[(b) suits concerning any act done by or by order of the Central Government,3[* * *] or the4[State] Government;]

(c) suit concerning any act ordered or done by any Judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any Court or any such Judge or Judicial Officer.

(d) suits for the recovery of immovable property;

(e) suits for the partition of immovable property ;

(f) suits for the foreclosure or redemption of a mortgage of immovable property;

(g) suits for the determination of any other right to or interest in immovable property;

(h) suits for the specific performance or rescission of contracts;

(i) suits to obtain an injunction;

(j) suits for the cancellation or rectification of instruments;

(k) suits to enforce a trust;

(l) suits for a general average loss and suits on policies of insurance on sea going vessels;

(m) suits for compensation in respect of collusions on the high seas;

(n) suits for compensation for the infringement of a patent, copyright or trade-mark;

(o) suits for a dissolution of partnership or for an account of partnership transactions;

(p) suits for an account of property and its due administration under the decree of the Court;

(q) suits for compensation for libel, slander, malicious prosecution, adultery or breach of promise of marriage;

(r) suits for the restitution of conjugal rights1[* * *] or for a divorce;

(s) suits for declaratory decrees;

(t) suits for possession of a hereditary office ;

(u) suits against Sovereign Princes or Rulling Chiefs, or against Ambassadors or Envoys of Foreign States;

(v) suits on any judgement of a High Court;

(vv) suits on the cognizance whereof by the Small Cause Court is barred by any law for the time being in force. The wards "far (he recovery of a wife"rcp. by Act 10 of 1914, s. 3 and Sch ff.

SECTION 19A: RETURN OF PLAINT

1Whenever the Court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings, return the plaint to be presented to a Court having jurisdiction to determine the question. When the Court so returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the Code of Civil Procedure 2[XIV of 1882] and make such order with respect to costs as it may think just, and the Court shall for the purposes of the Indian Limitation Act, 1877 3[XV of 1877] be deemed to have been unable to entertain the suit by reason of defect of jurisdiction. When a plaint so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to the practice of the High Court are credited to the Government.

SECTION 20: COURT MAY BY CONSENT TRY SUITS BEYOND PECUNIARY LIMITS OF JURISDICTION

When the parties to a suit, which if the amount or value of the subject-matter thereof did not exceed 1[ten thousand] rupees would be cognizable by the Small Cause Court have entered into an agreement in writing that the Small Cause Court shall have jurisdiction to try such suit, the Court shall have jurisdiction to try the same, although the amount or value or the subject-matter thereof may exceed3[ten thousand] rupees. Every such agreement shall be filed in the Small Cause Court, and when so filed, the parties to it shall be subject to the jurisdiction of the Court, and shall be bound by its decision in such suit.

SECTION 21: SUITS BY AND AGAINST OFFICERS OF COURT

All suits to which an officer of the Small Cause Court is, as such, a party, except suits in respect of property taken in execution of its process, or the proceeds or value thereof2[* * *] may be instituted in the 3[Bombay City Civil Court] at the election of the plaintiff as if this Act had not been passed.

SECTION 22: COSTS WHEN PLAINTIFF SUES IN HIGH COURT OR IN BOMBAY CITY CIVIL COURT IN OTHER CASES COGNIZABLE BY SMALL CAUSE COURT

4If in any suit instituted in the High Court or in the Bombay City Civil Court, other than a suit to which section 21 applies, the judge who tries it is of the opinion that it ought to have been instituted in the Small Cause Court and if in such suit-

(a) where it is instituted in the High Court, the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client; or

(b) where it is instituted in the Bombay City Civil Court, the plaintiff does not obtain a decree, the defendant shall be entitled to his costs and may also be awarded such additional amount not exceeding one thousand rupees by way of compensation as the Judge may award; or.

(c) where it is instituted in the High Court or in the Bombay City Civil Court the plaintiff obtains a decree for any matter of an amount or value less than 1[ten thousand rupees], no costs shall be allowed to the plaintiff.

CHAPTER 05: PROCEDURE IN SUITS

SECTION 23: [PORTIONS OF CIVIL PROCEDURE CODE EXTENDING TO COURT.]

Rep. by the Bombay Small Cause Courts Act. 1895 (I of 1895) s. 12.

SECTION 24: NO WRITTEN STATEMENT EXCEPT IN CASES OF SET-OFF

Except in cases of set-off under the Code of Civil Procedure2[XIV of 1882], section III, the written statement shall be received unless required by the Court.

SECTION 25: RETURN OF DOCUMENTS ADMITTED IN EVIDENCE

When a period of eight days from the decision of a suit has expired without any application for a new trial or re-hearing of such suit having been made, or when any such application has been made within such period and such application has been refused, or the new trial or rehearing (as the case may be) had ended, any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under section 143 of the Code of Civil Procedure 3 [XIV of 1882] be, entitled to receive back the same :

Provided that a document may be returned at any time before any of such events on such terms as the Court may direct; provided also that no document shall be returned which, by force of the decree, has become void or useless. On the return of a document which has been admitted in evidence, a receipt shall be given by the party receiving it, in a receipt-book to be kept for the purpose.

SECTION 26: COMPENSATION PAYABLE BY PLAINTIFF TO DEFENDANT IN CERTAIN CASES

In any suit in which the defendant appears and does not admit the claim and the plaintiff does not obtain a decree for the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff topay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit. When any claim preferred, or objection made, under section278 of the Code of Civil Procedure 1[XIV of 1882] is disallowed, the Small Cause Court may in its discretion order the person preferring or making such claim or objection to pay to the decree-holder, or to the Judgment-debtor or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit. And when any claim or objection is allowed the Court may award such compensation by way of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing such compensation shall bar any suit in respect of injury caused by the attachment. Any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the Court.

SECTION 27: DECREE HOLDER TO ACCOMPANY OFFICER EXECUTING WARRANT

Whenever the Small Cause Court issues a warrant for the arrest of a judgment-debtor or the attachment of his property, the decree- holder, or some other person on his behalf shall accompany the officer of the Court entrusted with the execution of such warrant, and shall point out to such officer the judgement-debtor or the property to be attached, as the case may be.

SECTION 28: THINGS ATTACHED TO IMMOVABLE PROPERTY AND REMOVABLE BY TENANT TO BE DEEMED MOVABLE IN EXECUTION

When the judgment-debtor under any decree of the Small Cause Court is a tenant of immovable property, anything attached to such property, and which he might before the termination of his tenancy law fully remove without the permission of his landlord, shall, for the purpose of the execution of such decree 2[and for the purpose of deciding all questions arising in the execution of such decree,] be deemed to be movable property and may, if sold in such execution, be served by the purchaser, but shall not be removed by him from the property until he has done to the property whatever the judgment-debtor would have been bound to do it if he had removed such thing.

SECTION 29: DISCHARGE OF JUDGMENT- DEBTOR ON SUFFICIENT SECURITY

Whenever any judgment-debtor, who has been arrested or whose property has been seized in execution of a decree of the Small Cause Court, offers security to the satisfaction of such Court for payment of the amount which he has been ordered to pay and the costs, the Court may order him to be discharged or the property to be released.

SECTION 30: COURT MAY IN CERTAIN CASES SUSPEND EXECUTION OF DECREE

Whenever it appears to the Small Cause Court that any judgment-debtor under its decree is unable, from sickness, poverty or other sufficient cause, to pay the amount of the decree, or if such Court has ordered the same to be paid in instalments, the amount of any installment thereof, it may., from time to time, for such time and upon such terms as it thinks fit, suspend the execution of such decree and discharge the debtor, or make such order as it thinks fit.

SECTION 31: EXECUTION OF DECREE OF SMALL CAUSE COURT BY- OTHER COURTS

If the judgment-debtor under any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable property sufficient to satisfy the decree, the Court may, on the application of the decree holder, send the decree for execution ~

(a) in the case of execution against immovable property situate within such local limits -1[to the Madras City Civil Court or,2[the

Bombay City Civil Court or the High Court of Judicature at Fort William3[* * *] as the case may be;]

(b) in all other cases - to any Civil Court within the local limits of whose jurisdiction such judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found. The procedure prescribed by the Code of Civil Procedure 4[XIV of 1882], for the execution of decrees by Courts other than those which made them shall be the procedure followed in such cases.

SECTION 32: MINORS MAY SUE IN CERTAIN CASES AS IF OF FULL AGE

Notwithstanding anything contained in the Code of Civil Procedure4[XIV of 1882], as applied by this Act, any minor may institute a suit for any sum of money, not exceeding five hundred rupees, which may be due to him under section 70 of the Indian Contract Act, 1872 (IX of 1872), for wages or piece-work or for work as a servant, in the same manner as if he were of full age.

SECTION 33: POWER TO DELEGATE NON- JUDICIAL DUTIES

Any non-judicial or quasi-judicial act which the Code of Civil Procedure 4[XIV of 1882] as applied by this Act requires to be done by a Judge, and any act which may be done by a Commissioner appointed to examine and adjust accounts under section 394 of that Code as so applied, may be done by the Registrar of the Small Cause Court or by such other officer of that Court as that Court may, from time to time, appoint in this behalf. The High Court may, from time to time, by rule, declare what shall be deemed to be non-judicial and quasi-judicial acts within the meaning of this section.

SECTION 34: REGISTRAR TO HEAR AND DETERMINE SUITS LIKE A JUDGE

The suits cognizable by the Registrar under section 14 shall be heard and determined by him in like manner in all respects as a Judge of the Court might hear and determine the same:

Provided that, subject to the control of the Chief Judge, any Judge of the Court may, whenever he thinks fit, transfer to his own file any suit on the file of the Registrar.

SECTION 35: REGISTRAR MAY EXECUTE TILL DECREES WITH THE SAME POWERS AS A JUDGE

The Registrar may receive applications for the execution of decrees of any value passed by the Court, and may commit and discharge judgment-debtors, and make any order in respect thereof which a Judge of the Court might make under this Act.

SECTION 36: DECREES AND ORDERS OF REGISTRAR TO NEW TRIAL AS IF MADE BY A JUDGE

Every decree and order made by the Registrar in any suit or proceeding shall be subject to the same provisions in regard to new trial as if made by a Judge of the Court.

CHAPTER 06: NEW TRIALS AND APPEALS

SECTION 37: GENERAL FINALITY OF DECREES AND ORDERS OF SMALL CAUSE COURT

Save as otherwise provided by this Chapter 2[or by Chapter VII] or by any other enactment for the time being in force, every decree and order of the Small Cause Court in a suit shall be final and conclusive.

SECTION 38: NEW TRIAL OF CONTESTED CASES

Where a suit has been contested, the Small Cause Court may, on the application of either party, made within eight days from the date of the decree or order in the suit (not being a decree passed under section 522 of the 3[Code of Civil Procedure] (XIV of 1882), order a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks reasonable, and may, in the meantime, stay the proceedings.

4[Explanation I]:- Every suit shall be deemed to be contested in which the decree is made otherwise than by consent of or in default of appearance by the defendant.

5[Explanation 2:- Nothing contained in this section shall apply to suit under chapter VII]

SECTION 39: REMOVAL OF CERTAIN CAUSES INTO HIGH COURT

Deleted by Bom Act 44 of 1948, s. 5.

SECTION 40: RULES WITH RESPECT TO SUITS REMOVED UNDER THE LAST FOREGOING SECTION

Deleted by Bom. Act 44 of 1948, s. 5]

CHAPTER 07: RECOVERY OF POSSESSION OF CERTAIN IMMOVABLE PROPERTY AND CERTAIN LICENCE FEES AND RENT

SECTION 41: SUITS OR PROCEEDINGS BETWEEN LICENSORS AND LICENSEES OR LANDLORDS, LAND TENANTS FOR RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY AND LICENCE FEES OR RENT, EXCEPT TO THOSE TO WHICH OTHER ACTS APPLY TO LIE IN SMALL CAUSE COURT

(1) Notwithstanding anything contained elsewhere in this Act2[* * *] but subject to the provisions of sub-section (2), the Court of Small Causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property situated in Greater Bombay, or relating to the recovery of the licence fee or charges or rent therefore, irrespective of the value of the subject matter of such suits or proceedings.

(2) Nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property, or of licence fee or charges or rent thereof, to which the provisions of the Bombay Rents, Hotel and Lodging House Rates

Control Act, 1947, the Bombay Government Premises (Eviction) Act, 1955, the Bombay Municipal Corporation Act 1[the Maharashtra Housing and Area Development Act, 1976 or any other law for the time, being in force, apply.]

SECTION 42: APPEAL

(1) An appeal shall lie from a decree or order made by the Small Cause Court exercising jurisdiction under section 41, to a bench of two Judges of the said Court, which shall not include the Judge who made such decree or order:

Provided that, no such appeal shall lie from a decree or order made in any suit or proceeding in respect of which no appeal lies under the Code of Civil Procedure, 1908.

(2) Every appeal under sub-section (1) shall be made within thirty days from the date of the decree or order, as the case may be:

Provided that, in computing the period of limitation prescribed by this sub -section, the provisions contained in sections 4, 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply.

(3) No further appeal shall lie against any decision in appeal under sub-section (1).

(4) Where no appeal lies under this sub-section from a decree or order in any suit or proceeding, the bench of two Judges specified in subsection (1) may, for the purpose of satisfying itself that the decree or order was according to law, call for the case in which such decree or order was made and pass such order with respect thereto as it thinks fit.

SECTION 43: PROCEDURE

In all suits, appeals and proceedings under this Chapter, the Small Cause Court shall, as far as possible and except as herein otherwise provided, follow the procedure prescribed by the Code of Civil Procedure, 1908.

SECTION 44: (COURT FEES)

Deleted by Mah LIX of 1977, section 2.

SECTION 45: SAVINGS OF SUITS INVOLVING TITLE

Nothing contained in this Chapter shall be deemed to bar a party to a suit, appeal or proceeding mentioned therein in which a question of title to any immovable property arises and is determined, from suing in a competent court to establish his title to such property.

SECTION 46: SAVING OF PENDING PROCEEDINGS

(1) All suits and other proceedings cognizable by the Small Cause Court under this Chapter and pending in the High Court or the Bombay City Civil Court, on the date of coming into force of the Presidency Small Cause Courts (Maharashtra Amendment)Act,

1975, shall be continued and disposed of by the High Court or the City Civil Court, as the case may be, as if this Act had not been passed.]

(2) All applications and other proceedings filed in the Small Cause Court under this Chapter and pending in that Court on the date aforesaid, shall be continued and disposed of by the Small Cause Court, as if this Act had not been passed.]

CHAPTER 08: DISTRESSES

SECTION 50: LOCAL EXTENT OF CHAPTER. SAVING OF CERTAIN RENTS

This chapter extends to every place within the local limits of the ordinary original civil jurisdictions of the High courts of Judicature at Fort William, Madras and Bombay. But nothing contained in this Chapter applies --

(a) to any rent due to Government;

(b) to any rent which has been due for more than twelve months before the application mentioned in section S3.

SECTION 51: APPOINTMENT OF BAILIFF AND APPRAISERS

1Four or more persons shall be appointed bailiffs and appraisers for the purposes of this Chapter.]

SECTION 52: APPOINTEES TO BE PUBLIC SERVANTS

The persons so appointed2[* * *] shall be deemed to be public servants within the meaning of the Indian Penal Code (XLV of 1860)

SECTION 53: APPLICATION FOR DISTRESS WARRANT

3[(1] Any person claiming to be entitled to arrears of rent of any house or premises to which this chapter extends, or his duly constituted attorney, may apply to any judge of the Small Cause Court, or to the Registrar of the Small Cause Court, for such warrant as is hereinafter mentioned:

4[Provided that before making an application such person shall give 15 days notice to the person liable to pay the arrears of rent making a demand of the said arrears.]

5[(2)] The application 6[made under sub-section (1)] shall be supported by an affidavit or affirmation to the effect of the form (marked A) in the third schedule hereto annexed.

SECTION 54: ISSUE OF DISTRESS WARRANT

The Judge or Registrar may thereupon issue a warrant under his hand and seal and returnable within six days, to the effect of the form (marked B) contained in the same schedule, addressed to any one of such bailiffs. The Judge or Registrar may at his discretion, upon personal examination of the person applying for such warrant, decline to issue the same.

SECTION 55: TIME FOR DISTRESS

Every distress under this chapter shall be made after sunrise and before sunset, and not at any other time.

SECTION 56: WHAT PLACES BAILIFF MAY FORCE OPEN

The bailiff directed to make the distress may force open any stable, outhouse or other building, and may also enter any dwelling-house, the outdoor of which may be open, and may break open the door of any room in such dwelling-house for the purpose of seizing property liable to be seized under this Chapter:

Provided that he shall not enter or break open the door of any room appropriated for the Zenana or residence of women, which by the usage of the country is considered private.

SECTION 57: PROPERTY WHICH MAY BE SCIZED

In pursuance of the warrant aforesaid the bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant and belonging to the person from whom the rent is claimed (hereinafter called the debtor) or such part thereof as may in the bailiffs judgment, be sufficient to cover the amount of the said rent, together with the costs of the said distress:

Provided that the bailiff shall not seize -

(a) things in actual use ; or

(b) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover such amount and costs; or

(c) the debtor's necessary wearing apparel; or

(d) goods in the custody of the law.

SECTION 58: IMPOUNDING DISTRESS

The bailiff may impound or otherwise secure the property so seized in or on the house or premises chargeable with the rent.

SECTION 59: INVENTORY NOTICE OF INTENDED APPRAISEMENT AND SALE

On seizing any property under section 57 the bailiff shall make an inventory of such property and shall give a notice in writing to the effect of the form (marked C) in the third schedule hereto annexed to the debtor, or to any other person upon his behalf in or upon the said house or premises. The bailiff shall, as soon as may be, file in the Small Cause Court copies of the said inventory and notice.

SECTION 60: APPLICATION TO DISCHARGE OR SUSPEND WARRANT

1[(1)] The debtor or any other person alleging himself to be the owner of any property seized under this chapter, or the duly constituted attorney of such debtor or other person, may at any time within2[fifteen days] from such seizure, apply to any Judge of the said Court to discharge or suspend the warrant, or to release a distrained article, and such Judge may discharge or suspend such warrant or release such article accordingly, upon such terms as he thinks just, and any of the Judges of the said Court may in his discretion give reasonable time to the debtor to pay the rent due from him.

3[Provided that where the Judge is satisfied that there is sufficient cause for extending the period within which an application may be made under this sub-section, he may extend the period to such extent as he may consider necessary.]

4[(2)] Upon any such application, the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Judge, and shall be paid as he directs.

SECTION 61: CLAIM TO GOODS DISTRAINED MADE BY A STRANGER

If any claim is made to, or in respect of, any property seized under this chapter or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar of the Small Cause Court, upon the application of the bailiff who seized property, may issue a summons, calling before the Court the claimant and the person who obtained the warrant. And thereupon any suit which may have been brought in the High Court 1[or the Bombay City Civil Court}in respect of such slaim shall be stayed, and any judge of the High Court [or the Bombay City Civil Court] or proof of the issue of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of such summons; And a Judge of the Small Cause Court shall adjudicate upon such claim and make such order between the parties in respect thereof and of the costs of the proceeding as he thinks fit. And such order shall be enforced as if it were an order made in a suit brought in such Court. The procedure in Small Cause Courts in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such Court.

SECTION 62: POWER TO AWARD COMPENSATION TO DEBTOR OR CLAIMANT

In any case under section 60 or section 61 the Judge by whom the case is heard may award such compensation by way of damages to the applicant or claimant (as the case may be) as the Judge thinks fit; and may for that purpose make an inquiry he thinks necessary ; and the order of the Judge awarding or refusing such compensation shall bar any suit for the recovery of compensation for any damage caused by the distress.

SECTION 63: POWER TO TRANSFER HIGH COURT CASES INVOLVING MORE THAN1[Five Thousand Rupees]

In any case under section 60 or section 61, if the value of the subject-matter in dispute exceeds 1[five thousand rupees], the applicant or claimant may apply to the High Court to transfer the case to itself, and the High Court, on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in the case by a Judge of the Small Cause Court, and may make such order therein as the High Court thinks fit. Every application under this section shall be made within seven days from the date of the seizure of the subject-matter in dispute. In granting applications under this section, the High Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit. The procedure in cases transferred under this section shall conform, as far as may be to the procedure in suits before the High Court in the exercise of its ordinary original civil jurisdiction; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction, and every such order awarding or refusing compensation shall bar any suit for the recovery of compensation for any damage caused by the distress which gave rise to the case wherein such order was made.

SECTION 64: APPRAISEMENT. NOTICE OF SALE

In default of any order to the contrary by a Judge of the Small Cause Court or by the High Court, any two of the said bailiffs, may 2[at the expiration of fifteen days from a seizure of property under this chapter, or, as the case may be, of the extended period under the proviso to sub-section (1) of section 60] appraised the property so seized and give the debtor notice in writing to the effect of the form (marked D) in the third schedule hereto annexed. The bailiffs shall file in the Small Cause Court a copy of every notice given under this section.

SECTION 65: SALE APPLICATION OF PROCEEDS

In default of any such order to the contrary, the distrained property shall be sold on the day mentioned in such notice, and the said bailiffs shall, on realizing the proceeds, pay over the amount thereof to the Register of the Small Cause Court; and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor: Provided that the debtor may direct that the sale shall take place in any other manner, first giving security for any extra costs thereby occasioned.

SECTION 66: COSTS OF DISTRESSES

No costs of any distress under this chapter shall be taken or demanded except those mentioned in the part (marked E) of the third schedule hereto annexed.1[* * * *]

SECTION 67: ACCOUNT OF COST AND PROCEEDS

The Registrar of the Small Cause Court shall keep a book in which all sums received as costs upon distresses made under this chapter, and all sums paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. He shall also enter in the said book all sums realized by sale of the property distrained and paid over to landlords under the provisions of this chapter.

SECTION 68: BAR OF DISTRESSES EXCEPT UNDER THIS CHAPTER. PENALTY FOR MAKING ILLEGAL DISTRESSES

No distress shall be levied for arrears of rent except under the provisions of this chapter; And any person, except a bailiff appointed under section 51, levying or attempting to levy any such distress, shall, on conviction before a Presidency Magistrate, be liable to be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings.

CHAPTER 09: REFERENCES TO HIGH COURT

SECTION 69: REFERENCE WHEN COMPULSORY

1(1) If two or more Judges of the Small Cause Court sit together in any suit, or in any proceeding under2[* * *] this Act, and differ in their opinion as to any question of law or usage having the force of law or the construction of a document, which construction may affect the merit, or. If in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds five hundred rupees, any such question arises upon which the Court entertains reasonable doubt, and either party so requires, The Small Cause Court shall draw up a statement of the facts of the case and the point on which there is a difference of opinion or on which doubt is entertained, and refer such statement with its own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621 of the3[Code of Civil Procedure (XIV of 1882)] shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 4[of the said Code].

(2) When the Small Cause Court refers any question for the opinion of the High Court as provided in sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.]

SECTION 70: SECURITY TO BE FURNISHED ON SUCH REFERENCE BY PARTY AGAINST WHOM CONTINGENT JUDGMENT GIVEN

When judgment is given under section 69 contingent upon the opinion of the High Court, the party against whom such judgment is given shall at once furnish security, to be approved by the Small Cause Court, for the costs of the reference to the High Court and for the amount of such judgment.

Provided that no security for the amount of such judgment shall be required in any case in which the judge who tried the case has ordered such amount to be paid into Court, and the same has been paid accordingly. Unless such security as aforesaid is at once furnished, the party against whom such contingent judgment has been given shall be deemed to have submitted to the same.

CHAPTER 10: FEES AND COSTS

SECTION 71: COURT-FEES BOM XXXVI OF 1959

1The Court-fees leviable in suits, appeals and proceedings under this Act shall be at the same as are leviable under chapter III of the Bombay Court fees Act, 1959, and the provisions of that Act shall, mutatis mutandis, apply to the recovery of such court-fees.]

SECTION 72: PROCESS FEES BOM.XXXVI OF 1959

2Save as otherwise provided by or under any provisions of this Act, the fees chargeable for serving and executing any processes issued by the Small Cause Court shall be the same as are prescribed by the High Court under section 32 of the Bombay Court-fees Act, 1959, and are for the time being applicable to the corresponding processes issued by the Bombay City Civil Court, until any other provision is made by the High court under the said section 32 in respect of any processes issued by the Small Cause Court].

SECTION 73: REPAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES

3[1)] Whenever any such suit4[or application or appeal] is settled by agreement of the parties before the hearing, half the amount of all fees paid upto that time shall be paid by the Small Cause Court to the parties by whom the same have been respectively paid.

5[Provided that no such fees shall be repaid if the amount of institution fee on the plaint or application 6[or memorandum of appeal] does not exceed five rupees or the claim for repayment is not made within one year from the date on which the suit4[or application or appeal] was so settled.

(2) The State Government may, from time to time, by order, provide for repayment to plaintiffs or applicants7[or appellants] of any part of the fees paid on plaints or applications6[or memorandum of appeals] by them in suits 8[or applications or appeals], as the case may be, disposed of under such circumstances and subject to such conditions as may be specified in the order].

SECTION 74: FEES AND COSTS OF POOR PERSONS

The Small Cause Court may, whenever it thinks fit, receive and register suits instituted1[*. * *] by poor persons, and may issue processes on behalf of such persons, without payment or on a part- payment of the fees mentioned in2[sections]3[* * *] 71 and 72].

SECTION 75: POWER TO VARY FEES

The 4[State Government] may, from time to time, by notification in the Official Gazette, vary the amount of the fees payable under sections 71 and 72 :

Provided that the amount of such fees shall in no case exceed the amount prescribed by the said sections.

SECTION 76: EXPENSE OF EMPLOYING LEGAL PRACTITIONERS

The expense of employing an advocate, vakil, attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit [* * *] in the Small Cause Court, in which suit,6[* * *] the amount or value of the subject-matter does not exceed twenty rupees, unless the Court is of opinion that the employment of such practitioner was under the circumstances reasonable.

SECTION 77: [SECTIONS 3, 5 AND 25 OF COURT-FEES ACT, 1870, SAVED]

deleted by Mah.LIX of 1977. S.6.

CHAPTER 11: MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS

SECTION 78: [POWER TO FINE OFFICERS.]

Rep by the A. O. 1937.

SECTION 79: DEFAULT OF BAILIFF OF OTHER OFFICER IN EXECUTION OF ORDER OR WARRANT

If any clerk, bailiff or other inferior ministerial officer of the Small Cause Court, who is employed as such in the execution of any order or warrant, loses, by neglect, connivance or omission, an opportunity of executing such order or warrant, he shall be liable, by order of the Chief Judge, on the application of the person injured by such neglect, connivance or omission, to pay such sum not exceeding in any case the sum for which the said order or warrant was issued, as, in the opinion of the Chief Judge, represents the amount of the damage sustained by such person thereby.

SECTION 80: EXTORTION OR DEFAULT OF OFFICERS

If any clerk, bailiff or other inferior ministerial officer of the Small Cause Court is charged with extortion or misconduct while acting under colour of its process or with not duly paying or accounting for any money levied by him under its authority the Court may inquire into such charge, and may make such order for the repayment or payment of any money so extorted, or of any money so levied as aforesaid, and of damages and coasts, by such officer, as it thinks fit.

SECTION 81: COURT EMPOWERED TO SUMMON WITNESSES, ETC.

For the purposes of any inquiry under this chapter, the Small Cause Court shall have all the powers of summoning and enforcing the attendance of witnesses and compelling the production of documents which it possesses in suits under this Act.

SECTION 82: ENFORCEMENT FOR ORDER

Any order under this chapter for the payment or repayment of money may, in default of payment of the amount payable thereunder, be enforced by the person to whom such amount is payable as if the same were a decree of the Small Cause Court.

CHAPTER 12: CONTEMPT OF COURT

SECTION 83: [PROCEDURE OF COURT IN CERTAIN CASES OF CONTEMPT.]

Repealed by the Repealing and Amending Act, 1914 (10 of 1914)

SECTION 84: [RECORD IN SUCH CASES.]

Repealed by the Repealing and Amending Act, 1914 (10 of 1914).

SECTION 85: [PROCEDURE WHERE COURT CONSIDERS THAT CASE SHOULD NOT BE DEALT WITH UNDER SECTION 83.]

Repealed by the Repealing and Amending Act, 1914 (10 of 1914)

SECTION 87: IMPRISONMENT OR COMMITTAL OF PERSON REFUSING TO ANSWER OR PRODUCE DOCUMENT

If any witness before the Small Cause Court refuses to answer such question as are put to him, or to produce any document in his possession or power which the Court requires him to produce and does not offer any reasonable excuse for .such refusal, the Court may sentence him to simple imprisonment, or commit to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime such person consents to answer such questions or to produce such document, as the case may be, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of sections1[480 or section 482 of the Code of Criminal Procedure, 1898 (V of 1898)]*

SECTION 88: APPEAL FROM ORDERS UNDER SECTION 87

Any person deeming himself aggrieved by an order under2[* * *] section 87 may appeal to the High Court, and the provisions of the 3[Code of Criminal Procedure, 1898 (V of 1898)]*relating to appeals shall, so far as may be, apply to appeals under this section.

CHAPTER 13: MISCELLANEOUS

SECTION 89: PERSONS BY WHOM PROCESS MAY BE SERVED

Notices to produce documents, summonses to witnesses, and all other processes issued in the exercise of any jurisdiction conferred on the Small Cause Court by this Act, except summonses to defendants and writs of execution, may, if the Court by general or special order so directs, be served by such persons as the Court, from time to time, appoints in this behalf.

SECTION 90: REGISTERS AND RETURNS

The Small Cause Court shall keep such registers, books and accounts and submit to the High Court such statement and returns, as may, subject to the approval of the4[State Government], be prescribed by the High Court.

SECTION 91: COURT TO FURNISH RECORDS, ETC, CALLED FOR BY STATE GOVERNMENT OR HIGH COURT

The Small Cause Court shall comply with such requisitions as may, from time to time, be made by the 1[State Government] or High Court for records, returns and statements in such form and manner as such State Government or Court, as the case may be, thinks fit.

SECTION 92: HOLIDAYS AND VACATIONS

The Small Cause Court shall, at the commencement of each year draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for the approval of the5[High Court]. Such list, when it has received such approval, shall be published in the 6 [official Gazette], and the said holidays and vacations shall be observed accordingly.

SECTION 93: CERTAIN PERSONS EXEMPT FROM ARREST BY COURT

The1[President]2[* *] the Governors of3[Madras],4[Maharashtra and "[West Bengal],5[* * *]and the Chief Justice and Judges of the High Court6[* * *] shall not be liable to arrest by order of the Small Cause Court.

SECTION 94: NO SUIT TO LIE UPON DECREE OF COURT

No suit shall lie on any decree of the Small Cause Court.

SECTION 95: PLACE OF IMPRISONMENT

Any person ordered by the Small Cause Court to be imprisoned may be imprisoned in such place as the 7[State Government] from time to time, appoints in this behalf.

SECTION 96: TENDER IN SUIT FOR ANYTHING DONE UNDER ACT

If any person against whom any suit is brought for anything purporting to be done by him under this Act, has before the institution of the suit, tendered sufficient amends to the plaintiff, the plaintiff shall not recover.

SECTION 97: LIMITATION OF PROSECUTIONS

All prosecutions for anything purporting to be done under this Act must be commenced within three months after the offence was committed.