Part III.-Regulations of the Bengal Code in force in Assam. I For enacting into a Re- The Bengal Permanent Settlement Regulagulation certain Arti cles of a Proclamation tion, 1793. II For abolishing the Courts The Bengal Land-revenue Regulation, 1793. VIII For re-enacting, with mo- The Bengal Decennial Settlement Regulation, difications and amend ments, the rules for the 1793. XI For removing certain re- The Bengal Inheritance Regulation, 1793. strictions to the opera tion of the Hindu and laws with regard to the in- Part III.-Regulations of the Bengal Code in force in Assam-contd. 1793 XXXVIII 1799 1800 1804 For re-enacting, with The Indian Civil Service (Bengal) Loans Prohibition Regulation, 1793. V To limit the interference The Bengal Wills and Intestacy Regulation, of the Zila Court of 1799. X For preventing the divi- The Bengal,Inheritance Regulation, 1800. sion of landed estates in the Jangal Mahals of the Zila of Midnapore and other Districts. X For declaring the powers The Bengal State Offences Regulation, 1804. of the Governor Gene ral in Council to pro- 1806 Part III.-Regulations of the Bengal Code in force in Assam-contd. 1812 1818 1819 1820 XI For facilitating the pro- The Bengal Troops Transport and Travellers To empower the Gover- The Bengal Foreign Immigrants Regulation, nor General in Council to order the removal of 1812. III For the confinement of The Bengal State Prisoners Regulation, 1818. VIII To declare the validity of The Bengal Patni Taluqs Regulation, 1819. certain tenures, and to define the relative I For providing that all The Bengal Patni Taluqs Regulation, 182 0. sales of certain taluqs made answerable by sale Part III-Regulations of the Bengal Code in force in Assam-concld. 33 1829 for arrears by the za- VII For prohibiting loans by VI For rendering more effec- XI For declaring the rules III For modifying and amending the rules in The Indian Civil Service (Bengal) Loans Prohibition Regulation, 1823. The Bengal Troops Transport Regulation, 1825. The Bengal Alluvion and Diluvion Regulation, 1825. The Bengal Corruption and Extortion Regulation, 1827. V For modifying the rules The Bengal Attached Estates Management at present in force for the management of Courts of Justice in Regulation, 1827. XVII For declaring the prac- The Bengal Sati Regulation, 1829. tice of Sati or of burn ing or burying alive the XXVI of 1881. (Secs. 1-3.) ACT No. VI OF 1897.1 [4th March, 1897.] An Act to amend the Negotiable Instruments Act, 1881.2 WHEREAS it is expedient to amend the Negotiable Instruments Act, 1881;" It is hereby enacted as follows: 1. (1) This Act may be called the Negotiable Instruments Act Amend- Short title ment Act, 1897; and (2) It shall come into force at once. and commencement. 2. To section 72 of the said Act the following words shall be prefixed, Amendment namely, "Subject to the provisions of section 84". of section 72, 3. For section 84 of the said Act the following section shall be substituted, Substitution namely: of new section for section 84, Act XXVI of 1881. "84. (1) Where a cheque is not presented for payment within a reasonable When cheque time of its issue, and the drawer or person on whose account it is drawn had not duly presented the right, at the time when presentment ought to have been made, as between and drawer damaged himself and the banker, to have the cheque paid and suffers actual damage thereby. through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a larger amount than he would have been if such cheque had been paid. (2) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case. (3) The holder of the cheque as to which such drawer or person is so discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him." Illustrations. (a) A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented, has funds at the bank to meet it The bak fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque. (b) A draws a cheque at Umballa on a bank in Calcutta. The bank fails before the cheque could be presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque. 1 For Statement of Objects and Reasons, see Gazette of India, 1896, Pt. V, p. 36; for Report of the Select Committee, see ibid, 1897, Pt. V, p. 51; and for Proceedings in Council, see ibid, 1896, Pt. VI, pp. 79 and 250, and ibid, 1897, pp. 39 and 54. As being part of the Negotiable Instruments Act, 1881 (XXVI of 1881), the Act is in force in the whole of Upper Burma (except the Shan States), see the Burma Laws Act, 1898 (XIII of 1898), printed, Burma Code, Ed. 1899. "Printed, General Acts, Vol. III, Ed. 1898, p. 399. |