DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0145
A.D. 1841.]
ACT XX.
135
party in possession, or by the party who may have been evicted from the
possession under this Act.
XVIII. And it is hereby enacted, that the decision of the judge upon
the summary suit under this Act shali have no other effect than that of
settling the actual possession; but that for this purpose it shall be final,
not subject to any appeal or order for review.
XIX. And it is hereby enacted, that it shall be lawful for the Govern-
ments of the respective presidencies to appoint public curators for any
district or number of districts; and the judge having jurisdiction shall
nominate such public curator or curators in all cases where the choice
of a curator is left discretionary with him under preceding provisions of
this Act.
XX. And it is hereby enacted, that whenever a person dies leaving
moveable or immoveable property within the local limits of the jurisdic-
tion of any of her Majesty's Supreme Courts, and such court shall be
satisfied that danger is to be apprehended of the misappropriation and
waste of the property before it can be ascertained who may be legally
entitled to the succession to such property, it shali be lawful for the said
court to authorize and enjoin the ecclesiastical registrar, or one or more
curators, to collect such effects, and hold, or deposit, or invest the same in
such manner and place, and upon such security and subject to such orders
and directions as the court may deem expedient.
A.D. 1841. ACT XX.*
AN AcTybryhcz/^6!^^ Ad 6WdC&272 o/ DdbA (372 rSMCCd.CS'ZOTZ.S', yb?' Ad
Adcm'AT/ o/* DAA A Ad &dd%$d6? TA-r-
; PASSED A/ Ad AA720M7'%Ad Ad <7(2?7d7V2(37'-(rd72d7'(A 272
CoMMcA, 072 Ad 6 A q/*'%yA7?2%<^, 1841.
1. WHEREAS it is expedient to provide greater security for persons
paying to the representatives of deceased Hindoos, Mahomedans, and others
not usually designated as British subjects, debts which are payable in
respect of the estates of such deceased persons, and to facilitate the collec-
tion of such debts by removing all doubts as to the legal title to demand
and receive the same:
It is hereby enacted, that no debtor of any deceased person shall be
compelled in any court of law to pay his debt to any person claiming to
be entitled to the effects of any deceased person, or any part thereof except
on the production of a certificate to be obtained in manner hereinafter
* Act X. 1851, provides a mode of procedure when disputes exist among persons claiming
to be jointly entitled to any public securities of the East-India Company.
Summary decision as
to possession final.
Local Governments
may appoint local cu-
rators.
Supreme Courts how
to proceed in respect
of property of persons
dying within their ju-
risdiction.
No debt recoverable
without a certificate.
ACT XX.
135
party in possession, or by the party who may have been evicted from the
possession under this Act.
XVIII. And it is hereby enacted, that the decision of the judge upon
the summary suit under this Act shali have no other effect than that of
settling the actual possession; but that for this purpose it shall be final,
not subject to any appeal or order for review.
XIX. And it is hereby enacted, that it shall be lawful for the Govern-
ments of the respective presidencies to appoint public curators for any
district or number of districts; and the judge having jurisdiction shall
nominate such public curator or curators in all cases where the choice
of a curator is left discretionary with him under preceding provisions of
this Act.
XX. And it is hereby enacted, that whenever a person dies leaving
moveable or immoveable property within the local limits of the jurisdic-
tion of any of her Majesty's Supreme Courts, and such court shall be
satisfied that danger is to be apprehended of the misappropriation and
waste of the property before it can be ascertained who may be legally
entitled to the succession to such property, it shali be lawful for the said
court to authorize and enjoin the ecclesiastical registrar, or one or more
curators, to collect such effects, and hold, or deposit, or invest the same in
such manner and place, and upon such security and subject to such orders
and directions as the court may deem expedient.
A.D. 1841. ACT XX.*
AN AcTybryhcz/^6!^^ Ad 6WdC&272 o/ DdbA (372 rSMCCd.CS'ZOTZ.S', yb?' Ad
Adcm'AT/ o/* DAA A Ad &dd%$d6? TA-r-
; PASSED A/ Ad AA720M7'%Ad Ad <7(2?7d7V2(37'-(rd72d7'(A 272
CoMMcA, 072 Ad 6 A q/*'%yA7?2%<^, 1841.
1. WHEREAS it is expedient to provide greater security for persons
paying to the representatives of deceased Hindoos, Mahomedans, and others
not usually designated as British subjects, debts which are payable in
respect of the estates of such deceased persons, and to facilitate the collec-
tion of such debts by removing all doubts as to the legal title to demand
and receive the same:
It is hereby enacted, that no debtor of any deceased person shall be
compelled in any court of law to pay his debt to any person claiming to
be entitled to the effects of any deceased person, or any part thereof except
on the production of a certificate to be obtained in manner hereinafter
* Act X. 1851, provides a mode of procedure when disputes exist among persons claiming
to be jointly entitled to any public securities of the East-India Company.
Summary decision as
to possession final.
Local Governments
may appoint local cu-
rators.
Supreme Courts how
to proceed in respect
of property of persons
dying within their ju-
risdiction.
No debt recoverable
without a certificate.