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Schedule 3 – The Presidency Small Cause Courts Act,1882

The Presidency Small Cause Courts Act,1882

Schedule 3

THE THIRD SCHEDULE

FORMS A

[See section 53.]

In the Small Cause Court for

A.B…………………………………….(plaintiff),

Versus

C.D…………………………………….(defendant),

A.B., of……………………………………., in the town of…………………………………….maketh 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].

FORM B

[See section 54.]

In the Small Cause Court for

FORM OF WARRANT

I hereby direct you to distrain the movable 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 to the provisions of Chapter VIII of the Presidency Small Cause Courts Act,1882.Dated day of18.

(Signed and sealed.)

To E.F., Bailiff and Appraiser.

FORM C

[See section 59.]

In the Small Cause Court for

FORM OF INVENTORY AND NOTICE

4State 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………………………………….month’s 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.

Dated the day of 18.

(Signed) E.F.,

To C.D, Bailiff and Appraiser.

FORM D

[See section 64.]

In the Small Cause Court for

Take 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 thisday of18.

(Signed) E.F.
, G.H.

Bailiffs and Appraisers. To C.D.

FORM E

[See section 66.]

In the Small Cause Court for

SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE-RENT

Sums and sued for Affidavit and warrant to distrain Order to sell Commission TotalRs Rs Rs. A. P. Rs. A. P. Rs. A. P. Rs. A. P. 1 and under 5. 0 4 0 0 8 0 0 8 0 1 4 0 5 ,,10 . 0 8 0 0 8 0 1 0 0 2 0 0 10 ,,15 . 0 8 0 0 8 0 1 0 0 2 8 0 15 ,,20 . 0 8 0 1 0 0 2 8 0 3 8 0 20 ,,25 . 0 12 0 1 0 0 2 8 0 4 4 0 25 ,, 30 . 1 0 0 1 0 0 3 0 0 5 0 0 30 ,, 35 . 1 0 0 1 0 0 3 8 0 5 8 0 35 ,, 40 . 1 0 0 1 8 0 4 0 0 6 8 0 40 ,, 45 . 1 4 0 2 0 0 4 8 0 7 12 0 45 ,, 50 . 1 8 0 2 0 0 5 0 0 8 8 0 50 ,, 60 . 2 0 0 2 0 0 6 0 0 10 0 0 60 ,, 80 . 2 8 0 3 8 0 6 8 0 11 8 0 80 ,,100 . 3 0 0 3 0 0 7 0 0 13 0 0 Upwards of 100 3 0 0 3 0 0 7 per cent

The above scale includes all expenses, except in suits where the tenant disputes the landlord’s claim, and witnesses have to be subpoenaed, in which case each subpoena for sums under Rs.40 must be paid for at four annas each and twelve annas above that amount; and also where peons are kept in charge of property distrained 1[four annas per day must be paid per man].

——————–

1. In their application to the Court of Small Causes of Calcutta, these words have been Subs. by the words “such sum not exceeding eight annas per day as may be fixed from time to time by the Chief Judge must be paid per man” by the Presidency Small Cause Courts (Bengal Amendment) Act,1932 (Ben.20 of 1932)

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