DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0866
808
REGULATION XIV.
[A.D. 1805.
twelve years antecedent
to its institution, unless
the complainant can
assign satisfactory cause
for the delay. The
tion of twelve years,
to entertain any suit
in which the cause of
action shall have arisen
previous to the 14th
October, 1803.
Rules respecting the
payment of interest
upon money.
of action shall have
arisen before the 14th
October, 1803.
No greater interest
than twelve per cent,
per annum to be decreed
when the causeof action
shall have arisen sub-
sequently to the 14th
No interest shall be
decreed in cases wherein
the bond, &c. granted
subsequently to the
above date shall stipu-
late a higher interest
than twelve per cent,
per annum.
Nor in cases wherein
any attempt has been
made to elude the rules
prescribed in the fore-
going clauses.
Such suits to be dis-
missed, with costs to be
paid by the plaintiff.
Rules in cases of
mortgages of real pro-
perty.
with the exception of the suits described in Sections II. and III. Regula-
tion II. 1805, if the cause of action shall have arisen at a period being
twelve years antecedent to the date on which the petition for the institu-
tion of such suit shall be presented to the court; unless the complainant
can show, by clear and positive proof, that he had demanded tile money or
matter in question, and that the defendant had admitted the truth of the
demand, or promised to pay the money; or that he directly referred his
claim, within that period, to the matter in dispute, to a court of competent
jurisdiction, or person having authority, whether local or otherwise, for the
time being, to hear such complaint, and to try the demand ; and shall
assign satisfactory reasons to the court why he did not proceed in the suit;
or shall prove that, either from minority or other good and sufficient cause,
he was precluded from obtaining redress: provided, however, that it shall
not be competent to the Ziilah Courts, under the powers vested in them
by this clause, to hear, try, or determine the merits of any civil suit what-
ever, if the cause of action shall have arisen previous to the 14th day of
October, 1803.
IX. The following rules shall be observed in the ziilah of Cut-
tack, including the pergunnahs of Puttespore, Kummardichour, audBograe,
respecting the payment of interest on money.
XccoMff. If the cause of action shall have arisen before the 14th of
October, 1803, the Courts of Civil Judicature are not to decree a higher
or iower rate of interest than the following, unless a lower rate of interest
shall have been stipulated to be paid by the parties in the suit:
On sums not exceeding one hundred sicca rupees, two rupees and eight
annas per mensem, or thirty per cent, per annum.
On sums exceeding one hundred sicca rupees, two per cent, per
mensem.
If the cause of action shall have arisen on or subsequently to the
14th of October, 1803, the courts are not to decree interest on any sum
whatever above the rate of twelve per cent, per annum.
October, 1803.
AbwM. The courts are Hot to decree any interest whatever, in any case
where the bond or instrument given for the security and evidence of the
debt shall have been granted on or subsequently to the 14th day of October,
1803, and shall specify a higher rate of interest than is authorized in
Clause Third of this section.
AY/M. Nor to decree any interest whatever in favour of the plaintiff in
any case where the cause of action shall have arisen on or subsequently to
the 14th of October,' 1803, where a greater interest than that which is
authorized by this Regulation shall have been received, or stipulated to
be received, if it be proved that any attempt has been made to elude the
rules prescribed in it, by any deduction from the loan, or by any device or
means whatever; nor to give any other judgment but for the dismission
of the suit, with costs to be paid by the plaintiff
NAyM. In cases of mortgages of real property, executed prior to the
14th of October, 1803, in which the mortgagee may have had the usufruct
of the mortgaged property (whether he shall have held it in his own pos-
session or not), the usufruct is to be allowed to the mortgagee in lieu of
interest, agreeably to the former custom of the country (provided it shall
SeeSec.vii.
Reg. XVII.
1806, and Act
XXXII. 1839.
REGULATION XIV.
[A.D. 1805.
twelve years antecedent
to its institution, unless
the complainant can
assign satisfactory cause
for the delay. The
tion of twelve years,
to entertain any suit
in which the cause of
action shall have arisen
previous to the 14th
October, 1803.
Rules respecting the
payment of interest
upon money.
of action shall have
arisen before the 14th
October, 1803.
No greater interest
than twelve per cent,
per annum to be decreed
when the causeof action
shall have arisen sub-
sequently to the 14th
No interest shall be
decreed in cases wherein
the bond, &c. granted
subsequently to the
above date shall stipu-
late a higher interest
than twelve per cent,
per annum.
Nor in cases wherein
any attempt has been
made to elude the rules
prescribed in the fore-
going clauses.
Such suits to be dis-
missed, with costs to be
paid by the plaintiff.
Rules in cases of
mortgages of real pro-
perty.
with the exception of the suits described in Sections II. and III. Regula-
tion II. 1805, if the cause of action shall have arisen at a period being
twelve years antecedent to the date on which the petition for the institu-
tion of such suit shall be presented to the court; unless the complainant
can show, by clear and positive proof, that he had demanded tile money or
matter in question, and that the defendant had admitted the truth of the
demand, or promised to pay the money; or that he directly referred his
claim, within that period, to the matter in dispute, to a court of competent
jurisdiction, or person having authority, whether local or otherwise, for the
time being, to hear such complaint, and to try the demand ; and shall
assign satisfactory reasons to the court why he did not proceed in the suit;
or shall prove that, either from minority or other good and sufficient cause,
he was precluded from obtaining redress: provided, however, that it shall
not be competent to the Ziilah Courts, under the powers vested in them
by this clause, to hear, try, or determine the merits of any civil suit what-
ever, if the cause of action shall have arisen previous to the 14th day of
October, 1803.
IX. The following rules shall be observed in the ziilah of Cut-
tack, including the pergunnahs of Puttespore, Kummardichour, audBograe,
respecting the payment of interest on money.
XccoMff. If the cause of action shall have arisen before the 14th of
October, 1803, the Courts of Civil Judicature are not to decree a higher
or iower rate of interest than the following, unless a lower rate of interest
shall have been stipulated to be paid by the parties in the suit:
On sums not exceeding one hundred sicca rupees, two rupees and eight
annas per mensem, or thirty per cent, per annum.
On sums exceeding one hundred sicca rupees, two per cent, per
mensem.
If the cause of action shall have arisen on or subsequently to the
14th of October, 1803, the courts are not to decree interest on any sum
whatever above the rate of twelve per cent, per annum.
October, 1803.
AbwM. The courts are Hot to decree any interest whatever, in any case
where the bond or instrument given for the security and evidence of the
debt shall have been granted on or subsequently to the 14th day of October,
1803, and shall specify a higher rate of interest than is authorized in
Clause Third of this section.
AY/M. Nor to decree any interest whatever in favour of the plaintiff in
any case where the cause of action shall have arisen on or subsequently to
the 14th of October,' 1803, where a greater interest than that which is
authorized by this Regulation shall have been received, or stipulated to
be received, if it be proved that any attempt has been made to elude the
rules prescribed in it, by any deduction from the loan, or by any device or
means whatever; nor to give any other judgment but for the dismission
of the suit, with costs to be paid by the plaintiff
NAyM. In cases of mortgages of real property, executed prior to the
14th of October, 1803, in which the mortgagee may have had the usufruct
of the mortgaged property (whether he shall have held it in his own pos-
session or not), the usufruct is to be allowed to the mortgagee in lieu of
interest, agreeably to the former custom of the country (provided it shall
SeeSec.vii.
Reg. XVII.
1806, and Act
XXXII. 1839.