49. Recovery by recorded share-holders from their co-sharers by certificate process.
- Whenever any share-holder in an estate who is recorded in the general register of revenue-paying and revenue-free lands maintained by Collector, or whether any share-holder in an estate the extent of whose share or interest in such estate is recorded in any other register kept up by the Collector of land paying revenue or rent to the Collector direct, shall have paid the [local cess] [Substituted by the Bihar and Orissa Cess (Amendment) Act, 1916 (Bihar and Orissa Act 1 of 1916), for the words 'road cess and public works cess'.] payable in respect of such estate or any part thereof in excess of the amount proportionate to his own interest in such estate, he may within [six weeks] [Substituted by the Bengal Cess (Amendment) Act, 1910 (Bengal Act 4 of 1910), for the words 'fifteen days'.] of such payment being made, [move the Collector to make a certificate as provided by any law] [See now the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act 4 of 1914).] for the time being in force for the recovery of public demands, specifying the amount which has been paid in by such share-holder as cess in respect of the recorded share or interest of any other share-holder in the estate;and thereupon such Collector may, if he thinks fit, [make such certificate, and such certificate shall have the same effect as a certificate made for the recovery of a public demand] [See now the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act 4 of 1914).]: and the same notice shall be issued and the same proceeding may be taken thereon by the Collector as in case of such certificate:Provided that the person in whose favour the certificate has been made shall be deemed to the decree-holder for the sum mentioned in the certificate; and all proceedings taken by the Collector for the recovery of the sums mentioned in the certificate shall be taken at the instance of the person in whose favour the certificate has been made, and at his cost, and on his responsibility, and not otherwise:Provided also that if any person against whom such certificate has been made shall object that the amount of the [cess] [Substituted by the Bihar and Orissa Cess (Amendment Act, 1916 (Bihar and Orissa 1 of 1916) for 'cesses'.] for the recovery of which the certificate has been made is greater than the amount which the applicant for the certificate would recover from such person in a Civil Court as being equitably payable in respect of such person's share or interest in the estate, and if in the opinion of the Collector, there is probable ground for such objection, the Collector may, if he sees fit, cancel such certificate, and leave the applicant to his remedy in the Civil Court.
