Section 9. The name of the present possessor, and if he be not the original holder, the mode in which he succee

9. The name of the present possessor, and if he be not the original holder, the mode in which he succeeded to the tenure, whether by inheritance, gift, purchase, or otherwise, and whether he holds jointly or solely. Holders of such farms as are described in the said Section may apply in like manner for registry of the same. The application shall contain such of the foregoing particulars as are applicable to farms. XLI. Procedure on application for common registry .—When the application is for common registry, the Collector shall serve a notice on the recorded proprietor or proprietors of the estate in which the tenure or farm is situated, or the authorized agent of such proprietor or proprietors, with a copy of the application annexed; and shall cause a notice, with a copy of the application annexed, to be affixed in his Office, and at the malcutcherry of the estate in which the tenure or farm is situated, or in such other place or places as in the opinion of the Collector may be best suited to give publicity to the application, requiring the proprietor or any party interested, within thirty days from the issue of the said notice, to file any objections he may have to the registry of the tenure or farm, or to any statement contained in the application. If within the limited time no objection is made, the Collector shall register the tenure or farm. If within the limited time an objection is made any recorded proprietor, or by any party interested not being a proprietor, the Collector shall examine the person so objecting or his authorized agent, and if it shall appear to him that such person has probable, ground of objection, the Collector shall suspend proceedings, and shall refer the parties to the Civil Court: otherwise he shall grant the application. If the decision of the Civil Court be in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall register the tenure or farm. XLII. Procedure on application for special registry .—When the application is for special registry, the Collector shall serve and issue the notices prescribed in the last proceeding Section. If within the limited time no objection is made, the Collector shall cause any enquiry that he may deem necessary for the security of the Government revenue, to be made ; and if he is satisfied that the Government revenue of the parent estate is sufficient secured so far as it may be affected by the tenure or farm in question, he shall report the case to the commissioner, who, if also satisfied on that point, shall direct the tenure or farm to be registered according to the application; otherwise the application shall be rejected. If within the limited time any recorded proprietor or any party interested not being a proprietor object to the registry, the Collector shall examine the person so objecting or his authorized agent, and if it shall appear to him that such person has probable ground of objection, shall suspend proceedings, and shall refer the parties to the Civil Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil Court be in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall proceed as above provided for cases in which no objection is made within the limited time. XLIII. Registration of leases of certain lands .—Leases of lands of the description specified in the fourth exceptional class in Section XXXVII, may be registered, at the option of the holders, in the manner and under the rules hereinbefore provided for the registry of Talookdaree and other similar tenures. XLIV. Registration of old tenures .—Tenures of the first and second exceptional classes in Section XXXVII may be registered, at the option of the holders; and when so registered shall be entered only in the special register. Application for such registry shall contain the particulars specified in Section XL so far as the same are ascertainable, and notices shall be served and issued in the manner prescribed in Section XLI. If within the limited time no objection is made by any recorded proprietor or by any party interested not being a proprietor, the Collector shall make such enquiries as may be necessary to satisfied him as to the validity of the tenure; and if the result be to satisfy him that the tenure is valid, he shall report the case to the Commissioner, who, if also satisfied that the tenure is valid, shall direct it to be entered in the special register; otherwise the application for registry shall be rejected. If within the limited time any recorded proprietor or other party as aforesaid object to the registry of the tenure, the Collector shall examine the person so objecting of' his authorized agent, and if it shall appear to him that such person has probable ground of objection, shall suspend proceedings, and refer the parties to the Civil Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil Court be in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall proceed as above provided for cases in which no objection is made within the limited time. Proviso .—Provided always that nothing contained in this Section shall be understood as rendering registration necessary for the protection of bond fide tenures of the description herein referred to. XLV. Time for application for registry of tenures and farms.— Application for registry existing tenures and farms must be made within three years after the passing of this Act Application for the registry of tenures created after the passing of this Act must be made within three months from the date of the deed constituting the tenure. XLVI. Expenses of measurement, survey, or local enquiry .—The actual expenses of any measurement, survey, or local enquiry made under Sections XLII and XLIV of this Act, shall be borne by the party who applies for the registry of his tenure or farm; and such party may be required by the Collector from time to time to make such advances on this account as he may consider necessary. XLVII. Civil Court not competent to order entry in the special register .—No Civil Court shall be competent to order the Revenue Authorities to enter any tenure or farm in the special register. Provided always that the refusal of the Revenue Authorities so to register any tenure or farm shall not affect the title of the holder whatever it may be. XLVIII. Suit for the cancelment of the registry of a tenure or farm .— Subject to the general law of limitation, any person thinking himself wronged by the registry of a tenure or farm, may file a suit for the cancelment of the same. XLIX. Proceedings of Revenue Authorities in the registration of tenures .—In the execution of their functions in the registration of tenures and farms under this Act, all subordinate Revenue Authorities shall proceed in accordance with the general instructions which they may receive from the superior Revenue Authorities to whom they are subordinate, and from the local Government; and all orders passed under the Sections aforesaid shall be open to appeal in usual course. The order of a Commissioner for the special registry of a tenure under the provisions of this Act, shall be open at any time within one year from the date of registry to revision by the Board of Revenue or the local Government, on the ground of the Government Revenue not having been sufficiently secured or of the invalidity of the tenure, as the case may be. L. Effect of entry in the special register .—Entry in the special register shall be an effectual protection of the tenure or farm so registered, unless in a suit instituted by Government in a Civil Court within the period allowed for suits for the recovery of the public revenue a decree be passed pronouncing the registration to have been obtained by fraud, to the injury of the Government revenue. Provided that a tenure or farm in the hands of a bond fide purchaser for value shall not be avoided by reason of such fraud. But the tenure or farm shall be liable to such amount of rent as would have been fair and equitable at the time of the special registry thereof, such amount to be fixed by the Collector. LI. Protection of talookdaree tenures pending enquiry, in case of sale of parent estate for arrears of revenue. —Tenures and farms of the third exceptional class described in Section XXXVII of this Act, for the special registration of which application shall be made within the prescribed time, and in respect of which the Collector shall have commenced the enquiry prescribed in Section XLII, shall, in case of the sale of the parent estate for arrears of revenue, be protected pending the duration of such enquiry, and shall be protected eventually by registration, if the final award of the Revenue Authorities, upon such application, be in favor of the claimant. LII. Rights of a purchaser of an estate not permanently settled sold for its own arrears .— The purchaser of an estate in a district not permanently settled, sold under this Act for the recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement, and shall be entitled to avoid and annul all tenures which may have originated with the defaulter or his predecessors, being representatives or assignees of the original engager, as well as all agreements with ryots or the like settled or accredited by the first engager or his representatives, subsequently to the last settlement, as well as all tenures which the first engager may, under the conditions of his settlement, have been competent to set aside, alter, or renew, saving always and except leases of lands whereon dwelling houses, manufactories, or other permanent buildings have been erected, or whereon gardens, plantations, tanks, wells, canals, places of worship, or burning or burying grounds have been made, wherein mines have been sunk, which leases or engagements shall, so as the land is duly appropriated to such purposes, and the stipulated rent paid, continue in force and effect. Provided that nothing contained in this Section shall be construed to entitle any purchaser of land at a public sale for arrears of revenue to demand a higher rate of rent from any persons whose tenure or agreement may be annulled as aforesaid, than was demandable by the cases in which such persons may have held their lands under engagements, stipulating for a lower rate of rent than would have been justly demandable for the land, or in cases in which it may be proved that, according to the custom of the pergunnah, mouzah, or other local division, such persons are liable to be called upon for any new assessment, or other demand not interdicted by the regulations of Government. LIII. Rights of a purchaser being a sharer in any estate. —Excepting sharers in estates under butwarrah who may have saved their shares from sale under Sections XXXIII and XXXIV Regulation XIX. 1814, and sharers with whom the Collector, under Sections X and Xl of this Act, has opened separate accounts, any recorded or unrecorded proprietor or co-partner, who may purchase the estate of which he is proprietor or co-partner; or who by re-purchase or otherwise may recover possession of the said estate, after it has been sold for arrears under this Act; and likewise any purchaser of an estate sold for arrears or demands other than those accruing upon itself; shall by such purchase acquire the estate subject to all its encumbrances existing at the time of sale and shall not acquire any rights in respect to under-tenants or ryots, with were not possessed by the previous proprietor at the time of the sale of the said estate. LIV. Rights of purchasers of shares of estate .—When a share or shares of an estate may be sold under the provisions of Section XIII or Section XIV, the purchaser shall acquire the share or shares subject to all encumbrances, and shall not acquire any rights which were not possessed by the previous owner or owners. LV. Recovery of arrears due to defaulters .—Arrears of rent which on the latest day of payment may be due to the defaulter from his under-tenants or ryots, shall, in the event of a sale, be recoverable by him after the said latest day, by any process except distraint which might have been used by him for that purpose on or before the said latest day. LVI. Punishment for contempt .—Any Collector or other Officer as aforesaid conducting a sale under this Act shall be competent to punish any contempt committed in his presence in open cutcherry or office for the time being, by fine, to an extent not exceeding two hundred Rupees, commutable, if not paid, to imprisonment in the Civil jail for a period not exceeding one month; and the Magistrate to whom such an offender may be sent by a Collector or other Officer as aforesaid, shall carry his sentence into effect. Provided that an appeal from any order passed under this Section shall lie to the Revenue Commissioner, whose decision shall be final. LVII. Default in making deposit to be considered a contempt .—-A default to make good a bid by making the deposit required by Section XXII of this Act, shall be held to be a contempt. LVIII. Government may purchase at a sale .—When an estate is put up for sale under this Act for the recovery of arrears of revenue due thereon, if there be no bid, the Collector or other Officer as aforesaid may purchase the estate on account of the Government for one Rupee, or if the highest bid be insufficient to cover the said arrears and those subsequently accruing up to the date of sale, the Collector or other Officer as aforesaid may take or purchase the estate on account of the Government at the highest amount bid; in both which cases the Government shall acquire the property subject to the provisions of this Act. LIX. Fees and charges demandable by Collector .—The Collector on the part of the Government shall be entitled to demand from applicants under Sections X and XI, Sections XV and XVI, and Sections XL, XLIII, and XLIV of this Act, fees not exceeding the rates specified in Schedule B to this Act annexed, which schedule shall be taken as part of this Act; and applications under the said Sections shall not be received unless the said fees are tendered therewith. LX. Regulations VII. 1822 and IX. 1825 to be in force in certain estates .—The provisions of Regulation VII, 1822 and Regulation IX. 1825 shall be in force in every estate in any part of which a measurement, survey, or local enquiry may be made under this Act; and in every estate purchased or taken on account of Government under this Act. LXI. Interpretation .—In the construction of this Act the word "Collector" shall include a Deputy Collector or other Officer exercising by the authority of Government the powers of a Collector or deputy Collector. LXII. Application of Act .—The operation of this Act shall be confined to such parts of the Lower Provinces in the Presidency of Fort William in Bengal as are or shall be subject to the general Regulations of that Presidency. SCHEDULE A. I certify that A. B has purchased under Act No. XI of 1859 the mehal (or share of a mehal) specified below, standing in the towjee of the district of and that his purchase took effect on the day of (being the day after that fixed for last day of payment). (Signed) D E Collector __________ SPECIFICATION. (if of an entire Mehal.) Towjee number Name of Mehal Name of the former proprietor Sudder jumma (if of a Share of a Mehal.) Towjee number of the entire Mehal Name of the entire Mehal Sudder Jumma of the entire Mehal Description of the share sold Subordinate Towjee number of the share sold Name of the former proprietor of the share sold Sudder Jumma for which the share sold is separately liable. SCHEDULE B. Fees. For filling an application under Section X or Section XI for opening a separate account for a share of an entire estate. If the annual jumma of the share do not exceed 250 Rupees, …………..25 0 0 If the annual jumma of the share exceed 250 Rupees and do not exceed 1000 Rupees, at the rate of ten per cent upon the jumma. If the annual jumma of the share exceed 1,000 Rupees, at the rate of ten per cent upon 1,000 Rupees, and two per cent upon all above that amount. For filing an application for a deposit of money or Government Securities under Section XV, half percent. on the amount deposited. For any interest on Government Securities so deposited, drawn by the Collector, half per cent. of the amount drawn. For filling an application for withdrawal of a deposit under Section XVI, half per cent. of the amount withdrawn. For filing an application under Section XL, XLIII, or XLIV for the registration of an under-tenure or farm. If the annual rent of the under-tenure do not exceed 500 Rupees, 25 0 0 If the annual rent of the under-tenure exceed 500 Rupees and do not exceed 1,000 Rupees, at the rate of five per cent. upon the rent. If the annual rent of the under-tenure exceed 1,000 Rupees, at the above rate up to 1,000 Rupees, and at one per cent. upon all above that amount. ___________