DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0740
682 REGULATION XXXIV. [A.D. 1803.
accordingly declared to extend to the several cases provided for in this
Regulation.
III. [&x7??d NZcAmz AUA. AAA. 1794, "any
other iurisdiction" " the cities of Patna, Dacca, or Moorshedabad," (777A
"XXVII. 1803,"yhr "XIV. 1793."]
IV. [N(77776 (7^ N<$cA'(777 AUAA. A(Y/77AA(777 AZA. 1794.]
V. [/Sh777,e a.y NecAmz AUAZZ. ZA^zzA^'o??, AAA. 1794, "or
jurisdiction" ybz^ "or in either of the cities of Patna, Dacca, and Moor-
shedabad."]
VI. VII. [&X7H6 ^ &^7b7M AAA. 7Z77A AA. A^A^'o7z AAA. 1794.]
VIII. [&M/2e a.y /SAZz'ozz AAA. AAA. 1794, -yzzZsAAfmy
"XXVII. 1803," yb7* "XIV. 1793," (mZ 07777^77777 Ao 7oo7'Z^ "and which
are not repealed by this Regulation."]
Reg. XXXIV. 1803.
A.D. 1803. REGULATION XXXIVA
A REGULATION ^6^67077 7 77 7 77 7/ 7^6 ZA(A o/ ZAA^g.yTf 077 JZo7767/ 777- Ad Az'O-
77777 C6.S' CoZdZ A/ Ad AA77V777/7 U7A767' A Ad AAvzOZO'oZA Ad A777/AA A'((.sY-
A77ZA Z70 777pO777/; PASSED Zy Ad Go6'd7'77 07'-Ge7767Y7/ 777 AoM7ZCzY, (777 Ad
24A JAoz-cZ, 1803.
1. IT being essential to the advancement of commerce and the security
of property, that the rate of interest on money should be hxed and deter-
mined, the following rules have been accordingly in that respect enacted.
And whereas it has long been a practice to borrow money on the mortgage
and conditional sale of landed property, under a stipulation that if the sum
borrowed be not repaid (with or without interest) by a hxed period the
sale shall become absolute, which species of transfer has been (Dually
denominated bye-bil-wuha, or kut-cubbaleli: and whereas persons lending
money on bye-bil-wuffa, in order to render the sale absolute, and thereby
possess themselves of the landed property of the borrower, may deny the
tender, or evade receiving pavment of the money due to them within the
period limited for the discharge of it; in such cases the proof of the tender
falls on the borrower, and if he fail in the proof of it for want of legal
evidence, he is liable to lose his estate. It is therefore necessary, for the
security of the borrower in such transactions, that he should have the
means of establishing before a Court of Judicature his having tendered, or
being ready to pay, within the stipulated period, the amount due from him
* This Regulation includes, with modifications as to dates, the whole of Regulation XV.
1793 (excepting Section III.), and the whole of Regulation 1. 1798.
t,
accordingly declared to extend to the several cases provided for in this
Regulation.
III. [&x7??d NZcAmz AUA. AAA. 1794, "any
other iurisdiction" " the cities of Patna, Dacca, or Moorshedabad," (777A
"XXVII. 1803,"yhr "XIV. 1793."]
IV. [N(77776 (7^ N<$cA'(777 AUAA. A(Y/77AA(777 AZA. 1794.]
V. [/Sh777,e a.y NecAmz AUAZZ. ZA^zzA^'o??, AAA. 1794, "or
jurisdiction" ybz^ "or in either of the cities of Patna, Dacca, and Moor-
shedabad."]
VI. VII. [&X7H6 ^ &^7b7M AAA. 7Z77A AA. A^A^'o7z AAA. 1794.]
VIII. [&M/2e a.y /SAZz'ozz AAA. AAA. 1794, -yzzZsAAfmy
"XXVII. 1803," yb7* "XIV. 1793," (mZ 07777^77777 Ao 7oo7'Z^ "and which
are not repealed by this Regulation."]
Reg. XXXIV. 1803.
A.D. 1803. REGULATION XXXIVA
A REGULATION ^6^67077 7 77 7 77 7/ 7^6 ZA(A o/ ZAA^g.yTf 077 JZo7767/ 777- Ad Az'O-
77777 C6.S' CoZdZ A/ Ad AA77V777/7 U7A767' A Ad AAvzOZO'oZA Ad A777/AA A'((.sY-
A77ZA Z70 777pO777/; PASSED Zy Ad Go6'd7'77 07'-Ge7767Y7/ 777 AoM7ZCzY, (777 Ad
24A JAoz-cZ, 1803.
1. IT being essential to the advancement of commerce and the security
of property, that the rate of interest on money should be hxed and deter-
mined, the following rules have been accordingly in that respect enacted.
And whereas it has long been a practice to borrow money on the mortgage
and conditional sale of landed property, under a stipulation that if the sum
borrowed be not repaid (with or without interest) by a hxed period the
sale shall become absolute, which species of transfer has been (Dually
denominated bye-bil-wuha, or kut-cubbaleli: and whereas persons lending
money on bye-bil-wuffa, in order to render the sale absolute, and thereby
possess themselves of the landed property of the borrower, may deny the
tender, or evade receiving pavment of the money due to them within the
period limited for the discharge of it; in such cases the proof of the tender
falls on the borrower, and if he fail in the proof of it for want of legal
evidence, he is liable to lose his estate. It is therefore necessary, for the
security of the borrower in such transactions, that he should have the
means of establishing before a Court of Judicature his having tendered, or
being ready to pay, within the stipulated period, the amount due from him
* This Regulation includes, with modifications as to dates, the whole of Regulation XV.
1793 (excepting Section III.), and the whole of Regulation 1. 1798.
t,