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Bengal Presidency - Section

Section 97 in Presidency Small Cause Courts Act, 1882

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

* * * * * * * * * * * * * *The Third ScheduleFormsA(See section 53)In the Small Cause Court forA. B._____________(plaintiff).versusC. D._____________(defendant).A. B., of _________________, in the town of ______________________, make the oath [or affirms] and saith that C. D. ______________, of ________, is justly indebted to _________________ in the sum of Rs. _______________ for arrears of rent of the house and premises No. _______, situated at ____________, in the town of __________, due for _________ months, to wit, from __________________ to, at the rate of Rs. __________________ per mensem.Sworn [or affirmed] before me the ______________________ day of __________ 188:Judge [or Registrar]:B[See section 54.]In the Small Cause Court forForm of WarrantI hereby direct you to distrain the moveable property of C. D., on the house and premises situate at No. ________________, in the town of ___________, for the sum of Rs. and the costs of the distress, according the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.Dated day of 18.....(Signed and sealed.)To E. F., Bailiff and Appraiser.C[See section 59.]In the Small Cause Court forForm of Inventory and Notice.(State particulars of property seized.)Take notice that I have this day seized the movable property contained in the above inventory for the sum of _________________ Rs., being the amount of months' rent due to A. B., at ____________________ last, and that unless you pay the amount thereof, together with the costs of this distress, within five days from the date hereof, or obtain an order from one of the Judges or the Registrar of the Small Cause Court to the contrary, the same will be appraised and sold pursuant to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.Date the day of 18(Signed)E.F.,Bailiff and Appraiser.To C.D.D(See section 64.)In the Small Cause Court forTake notice that we have appraised the movable property seized on the ___________ day of _______, under the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882, of which seizure and property a notice and inventory were duly served upon you (or upon on your behalf, as the case may be) under date the ___________________ and that the said property will be sold on the ______________ [two clear days' at least after the date of the notice] at ____________ pursuant to the provisions of the said Act. Dated this _______________ day of ____________ 18.(Signed E.F.,G.H.,To C.D.Bailiffs and Appraisers.E(See section 66.)In the Small cause Court forScale of fees to be levied in Distraints for House Rent.
Sums sued for Affidavit and warrant to distrain Order to sell Commission Total
Rs. Rs. Rs. p Rs. p Rs. p Rs. p
1 and under5 0.25 0.50 0.50 1.25
5 and under10 0.50 0.50 1.00 2.00
10 and under15 0.50 0.50 1.50 2.50
15 and under20 0.50 1.00 2.00 3.50
20 and under25 0.75 1.00 2.50 4.25
25 and under30 1.00 1.00 3.00 5.00
30 and under35 1.00 1.00 3.50 5.50
35 and under40 1.00 1.50 4.00 6.50
40 and under45 1.25 2.00 4.50 7.75
45 and under50 1.50 2.00 5.00 8.50
50 and under60 2.00 2.00 6.00 10.00
60 and under80 2.50 2.50 6.50 11.50
80to100 3.00 3.00 7.00 13.00
upwardsof 100 3.00 3.00 7 per centum  
The above scale includes all expenses, except in suits where the tenant disputes landlord's claim and witness have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid for at twenty-five paise each and seventy-five paise above that amount; and also where peons are kept in charge of property distrained, such sum not exceeding fifty paise per day as may be fixed from time to time by the Chief Judge must be paid per man.The Fourth Schedule[See section 72.]Fees for Summonses and other Processes
When the amount or value of the subject-matterexceeds. But does not exceed Fee for summonses Fee for other processes
Rs. Rs. Rs. p. Rs. p.
0 10 0.15 0.15
10 20 0.25 0.25
20 50 0.50 0.50
50 100 1.00 1.00
100 200 1.25 2.00
200 300 1.50 3.00
300 400 1.75 4.00
400 500 2.00 5.00
500 600 2.25 6.00
600 700 2.50 7.00
700 800 2.75 8.00
800 900 3.00 9.00
900 1,000 3.25 10.00
1,000 1,100 3.40 10.50
1,100 1,200 3.50 11.00
1,200 1,300 3.65 11.50
1,300 1,400 3.75 12.00
1,400 1,500 3.90 12.50
1,500 1,600 4.00 13.00
1,600 1,700 4.15 13.50
1,700 1,800 4.30 14.00
1,800 1,900 4.45 14.50
1,900 2,000 4.60 15.00
2,000 2,200 4.75 15.50
2,200 2,400 4.90 16.00
2,400 2,600 5.05 16.50
2,600 2,800 5.20 17.00
2,800 3,000 5.35 17.50
3,000 3,200 5.45 17.75
3,200 3,400 5.55 18.00
3,400 3,600 5.65 18.25
3,600 3,800 5.75 18.50
3,800 4,000 5.85 19.00
4,000 4,200 5.95 19.15
4,200 4,400 6.05 19.30
4,400 4,600 6.20 19.45
4,600 4,800 6.30 19.60
4,800 5,000 6.40 19.75
5,000 5,200 6.65 20.25
5,200 5,400 6.90 20.75
5,400 5,600 7.15 21.25
5,600 5,800 7.40 21.75
5,800 6,000 7.65 22.25
6,000 6,200 7.90 22.75
6,200 6,400 8.15 23.25
6,400 6,600 8.40 23.75
6,600 6,800 8.65 24.25
6,800 7,000 8.90 24.75
7,000 7,200 9.15 25.25
7,200 7,400 9.40 25.75
7,400 7,600 9.65 26.25
7,600 7,800 9.90 26.75
7,800 8,000 10.15 27.25
8,000 8,200 10.40 27.75
8,200 8,400 10.65 28.25
8,400 8,600 10.90 28.75
8,600 8,800 11.15 29.25
8,800 9,000 11.40 29.75
9,000 9,200 11.65 30.25
9,200 9,400 11.90 30.75
9,400 9,600 12.15 31.25
9,600 9,800 12.40 31.75
9,800 10,000 12.65 32.25 .".
[The Fifth Schedule.][See section 72B.]Applications -
(1)for leave to sue,
(2)for leave to sue as a pauper,
(3)for amendment of the pleadings except for a slight amendment of the cause-title only,
(4)for appointment of a guardian ad litem for a minor defendant or opposite party.
(5)for substitution of the successor of a deceased party or of the transferee of a party.
(6)for issue of a commission, to examine a witness or to hold a local inspection,
(7)for an account to be taken by the Court accountant or by any other person,
(8)for payment of a decretal debt by instalments, except applications made on which the decree is passed,
(9)for execution of a decree or order,
(10)complaining against resistance to attachment,
(11)claiming attached property,
(12)by the decree-holder for permission to bid at a sale,
(13)for permission to draw money from Court -
(a)without production, by the plaintiff, of the plaint-receipt granted to him or without production, by the defendant, of the summons served on him,
(b)on the day the money is deposited in Court,
(14)by a third party for permission to take certified copy of proceedings,
(15)for purposes other than those specified above, on which the Court orders that notice be issued on the opposite party.